Prizes are not transferrable and may not be redeemed for cash, except at the discretion of Sponsor. If the Prizes cannot be awarded for any reason, Sponsor reserves the right to substitute the Prizes with other Prizes of equal or greater value.
The ARV of the Prizes is based on available information provided to Sponsor and the value of any Prize awarded to a Winner may be reported for tax purposes where required by law. The Winners may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. Winner may be issued an IRS 1099 form for prizes over $600.
All applicable taxes, including but not limited to federal, state and local income taxes, on the Prizes are the sole responsibility of the respective Winners.
All Prizes will be delivered to the respective Winners by regular mail, or other method as determined in Sponsor’s sole discretion, to the address provided by the Winner on their Online Form, with all cost of said delivery being paid by Sponsor. The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
6. Winner Selection:
The Winners shall be selected as follows: on the Monthly Drawing Date for the applicable Monthly Sweepstakes as noted in the chart above, (1) Entrant will be selected in a random drawing from among all eligible Entries received with the first Entrant selected being named the Grand Prize Winner. Thereafter, on the Monthly Drawing Date for the Monthly Sweepstakes twenty (20) Entrants will be selected by a random draw from all remaining eligible Entries with each such Entrant selected being named a Second Place Winner and awarded a Second Place Prize.
No more than the stated number of Prizes will be awarded by the Sponsor or any other party.
The odds of winning depend upon the total number of eligible Entries received.
Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within seven (7) days of the first attempted notification or the Prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Entrants.
7. Winner Notification: The week following the selection of the Winners of the Prizes, the Winners will be notified by the Sponsor by electronic mail and/or by telephone using the information provided on his or her Online Form.
With respect to the Grand Prize Winner only, notification will be attempted a maximum of three (3) times. If the Grand Prize Winner does not respond to the notification within seven (7) business days of the final attempted contact, the Grand Prize will be forfeited, and the next alternative Entrant will be randomly selected from the remaining Entries and deemed the Grand Prize Winner. With respect to all Winners, if the contact information provided is non-operative or non-operational; or if the selected Entrant is unwilling or unable to accept the Prizes offered, the Prize will be forfeited, and the next alternative Entrant will be randomly selected from the remaining Entries and deemed the Winner of the Prize forfeited.
8. Agreement to Official Rules: Participation in the Promotion constitutes the Entrant's full and unconditional agreement and acceptance of these Official Rules. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
9. Identification of Winners: Where permitted by law, for the names of all Winners of Prizes, available after June 30, 2021, send a self-addressed stamped envelope to: Caterpillar Inc., Attn: Cat 95 Sweepstakes Administrator, 501 South Jefferson Street, Peoria, Illinois 61630.
10. Terms and Conditions: All Entries become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of Entry submission does not equate to proof of receipt. Entries are only valid if actually received by the Sponsor. This Promotion is subject to all federal, state and local laws and regulations. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. The Sponsor, its parents, subsidiaries, limited liability or affiliated companies, any of their respective employees, shareholders, directors, officers, members, personnel, agents, assigns and advertising and promotional agencies, shall not be responsible for: (1) Entries, Prize claims or notifications that are not received by the intended recipient, in whole or in part, due to computer or technical malfunction, or human error of any kind; (2) telephone, electronic, hardware, software, network, Internet or computer or communications malfunctions, failures or difficulties, including public utility or telephone outages, omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, computer equipment, servers or service providers; (3) typographical, printing or other errors, or any combination thereof; (4) inability to access the Website; (5) theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; (6) data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or Website or for any other reason whatsoever; or (7) any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Promotion. If for any reason this Promotion is not capable of being conducted as planned; or if this Promotion is not conducted due to technical malfunctions including any computer or technical systems (or any portion thereof) becoming corrupted or does not allow the proper conduct of the Promotion and/or processing of Entries in accordance with these Official Rules for any reason; or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the sole opinion of the Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend this Promotion, or any portion thereof, without obligation, and select the Winner in a random drawing from among all eligible Entries received prior to or after (as appropriate) the action taken by the Sponsor. If such cancellation, termination, modification or suspension of this Promotion occurs, notification will be posted at the Website. Any individual’s use of robotic, automatic, scripted, programmed or similar entry methods will void all Entries by that individual. The Sponsor reserves the right in its sole discretion to disqualify any Entry or Entrant that it deems to have violated or attempted to violate any of these Official Rules or attempt to interfere with the Promotion in any manner. Any attempt by an Entrant or any other individual to deliberately damage any phone service site, social media site, or Website or undermine the legitimate operation of this Promotion is a violation of criminal and/or civil laws, and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitation of Liability / Publicity: By entering the Promotion, each Entrant (i) acknowledges compliance with these Official Rules, including all eligibility requirements; (ii) agrees to be bound by the decisions of the Sponsor, which are final and binding in all respects; (iii) agrees that the Sponsor has sole discretion to resolve any disputes as it sees fit; and (iv) agrees that neither the Entrant nor his/her heirs, successors, or assigns will assert any claim related to damages, losses or injuries against either Facebook©, Instagram the Sponsor or its or their parents, related entities, parents, subsidiaries, franchisees, advertising or promotion agencies, attorneys, Prize providers and affiliated entities, and each of their parents, subsidiaries, limited liability companies, affiliates and each of their respective employees, shareholders, directors, officers, members, personnel, agents and assigns. The Sponsor and its related entities, parents, subsidiaries, limited liability and affiliate companies, franchisees, advertising and promotion agencies, attorneys, Prize providers and affiliated entities: (i) make no warranty, guaranty or representation of any kind concerning any Prize; (ii) disclaim any implied warranty; (iii) are not in any way responsible or liable for damage, loss or injury of any kind including, but not limited to death or bodily harm, actually or allegedly arising from entry into the Promotion or acceptance and/or use of any Prize; (iv) disclaim any responsibility for any actual or alleged loss (financial or otherwise), injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from downloading any material from any website, social media site, or the Website, regardless of whether the material was prepared by the Sponsor or a third party, and regardless of whether the material is connected to the Website or social media site page by a hypertext link; and (v) disclaim any liability for either for the termination, suspension or modification of the Promotion for any reason or through the acts or defaults of any company or person fulfilling any portion of the Prize. By accepting a Prize, the Winner consents to the use of his/her name, photograph, likeness, voice, video and biographical information for publicity or advertising purposes without further notice or compensation, to the extent permitted by law.
12. Release Indemnity: By participating in the Promotion, all Entrants, including without limitation the Winners, agree to release and hold harmless Facebook©, Instagram the Sponsor and its and their parents, subsidiaries, limited liability and affiliate companies, Dealers, its advertising and promotional agencies, and each of their respective employees, shareholders, directors, officers, members, personnel, agents, attorneys and assigns (collectively, the “Releasees”) from any and all damages, injuries, claims, causes of action, or losses of any kind resulting in whole or in part, directly or indirectly, from such Entrant's participation in the Promotion, any breach of these Official Rules, the acceptance, possession, use or misuse of any Prize, including without limitation: personal injury, death, property damage, defamation, infringement of intellectual property rights, and claims based on the rights of publicity and privacy. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES; LOSS OF DATA; INCOME; OR PROFIT; LOSS OR DAMAGE TO PROPERTY; CLAIMS OF THIRD-PARTIES, AND ANY OTHER DAMAGES, AND THE RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The Entrant further agrees to fully indemnify the Releasees from any and all claims by third parties relating to the Promotion, without limitation.
14. Dispute Resolution/Choice of Law: The laws of the State of Illinois, without giving effect to any choice of law or conflict rules, govern the Promotion and these Official Rules. All disputes, claims and controversies relating to or arising out of the Promotion, these Official Rules or any Prize (collectively, “Dispute”) will be resolved by binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures. The location of the arbitration will be Peoria, Illinois, United States of America. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, and that the parties are waiving the right to a trial by jury. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any award issued by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in accordance with applicable Laws in any court of competent jurisdiction.
15. Parties not affiliated with Promotion: FACEBOOK© AND INSTAGRAM ARE NOT AFFILIATED WITH THIS PROMOTION, ARE NOT RESPONSIBLE FOR THE ADMINISTRATION OF THIS PROMOTION, ARE NOT RESPONSIBLE FOR PROVIDING ANY PRIZES, AND ARE NOT A SPONSOR OF THIS PROMOTION.
16. Trademark/Copyright: All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of either the Sponsor, its respective affiliates, or third parties that have licensed content and software for use on the Website. No license is granted for any further use of any of these trademarks, service marks or logos. All content and software are protected by U.S. and international copyright laws. All content and other copyrightable material may be used only as provided in these Official Rules. All rights not expressly granted in these Official Rules are reserved.
17. Termination. The Sponsor reserves the right, in its sole discretion, to terminate the Promotion, in whole or in part, and/or modify, amend or suspend the Promotion, and/or the Official Rules in any way, at any time, for any reason without prior notice.
© 2020 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, BUILT FOR IT, LET’S DO THE WORK, their respective logos, “Caterpillar Yellow, the “Power Edge” and “Cat Modern Hex” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.