CHOICES $500.00 CAT® CREDIT CANADA CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN THIS CONTEST.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  OPEN TO ALL LEGAL RESIDENTS OF CANADA (EXCLUDING RESIDENTS OF QUEBEC). YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY AND PHYSICALLY LOCATED AND RESIDE IN CANADA (EXCLUDING RESIDENTS OF QUEBEC). THIS CONTEST IS VOID IN QUEBEC AS WELL AS WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.  THIS CONTEST IS SUBJECT TO ALL FEDERAL, PROVINCIAL, LOCAL AND MUNICIPAL LAWS.  THE LAWS OF THE PROVINCE OF ONTARIO GOVERN THE TERMS OF THIS CONTEST.

  1. NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. 

  2. Promotion Sponsor:  The CHOICES $500.00 CAT® CREDIT CANADA CONTEST (the “Contest”) is sponsored by Caterpillar Inc., 5205 N. O’Connor Boulevard, Suite 100, Irving, Texas 75039 (the “Sponsor” or “Caterpillar”). FACEBOOK®, INSTAGRAM®, AND THEIR PARTNERS AND SPONSORING ORGANIZATIONS ARE NOT SPONSORS OF THIS CONTEST.

  3. Who Can Enter:   To be eligible to participate in the Contest, an individual must:
    1. be a legal resident of and physically located in Canada (excluding residents of or those located in Quebec); and 
    2. be at least the age of majority in their province or territory of residency as of the start of the Promotion Period (defined below). 

    Officers, directors and employees of Caterpillar and its parents, agents, subsidiaries, and affiliated companies, divisions, dealers, attorneys, advertising and promotion agencies including, without limitation, Simantel Group, Ltd. (“Simantel”), and the immediate family members and household members of any of the above, are not eligible to participate in this Contest.  Officers, directors and employees of companies with existing national or corporate accounts with Caterpillar and governmental or municipal bodies or agencies and their employees are also not eligible to participate in this Contest. 

    The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest.  Failure to provide such proof may result in disqualification.  All personal and other information requested by, and supplied to, the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading.  The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant (as defined below) should such an Entrant at any stage supply untruthful, incomplete, inaccurate, or misleading personal details and/or information.  

  4. How to Enter:
    1. There is no purchase necessary to enter or win the Contest.  To enter this Contest, persons eligible to enter the Contest are to log on to https://www.cat.com/betterresults (the “Promotion Website”), to complete and submit the Contest entry form with such person’s full legal name, complete mailing address, e-mail address, daytime telephone number, and such additional information requested by the entry form on the Promotion Website.  The entry form submission and selection of the submission button after login by such person, as described above, is referred to herein as an “Entry” and all such entries are collectively referred to as the “Entries.”  All persons that submit an Entry in accordance with these Official Rules shall be referred to as an “Entrant” or collectively as the “Entrants.”  Each Entry must be submitted via the Promotion Website.  The Entries must be submitted between 8:00:01 a.m. Central Time on June 5, 2023 and 11:59:59 p.m. Central Time on July 31, 2023 (the “Promotion Period”) after which time the Contest will be closed and no further Entries shall be accepted.  Any person who desires to submit an Entry must provide all information required by these CHOICES $500.00 CAT® CREDIT CANADA PROMOTION OFFICIAL RULES (the “Official Rules”) in order to have his/her Entry entered into the Contest.  Each Entrant must review, consent to and abide by these Official Rules at the time of submission of his/her Entry.  Each Entrant must comply with these Official Rules.  Failure to comply with these Official Rules by any person gives Sponsor the power, in its sole discretion, to disqualify said person from the Contest.
    2. Sponsor is not responsible for incorrect or inaccurate Entry information whether caused by internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the Entries.
    3. All Entries become the sole property of the Sponsor and none will be returned for any reason.
    4. Lost, late, incomplete, inaccurate, stolen, misdirected, corrupted or illegible Entries are void and will not be considered.  Any disputes regarding ownership or validity of any Entry will be resolved by the Sponsor in its sole discretion. 
    5. All Entries must be submitted during the Promotion Period.
    6. Limit of one (1) Entry per person. 
    7. Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the Entry.  For the purpose of these Official Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  The selected Entrant may be required to provide the Sponsor with proof that the selected Entrant is the authorized account holder of the e-mail address associated with the winning Entry.
    8. Automated entries are prohibited, and any use of automated devices will cause disqualification.  Sponsor reserves the right, at its sole discretion, to disqualify any Entrant (and all of its entries) who tampers with the entry process. Entrants may not register multiple email addresses nor may Entrants use any other device or artifice to register multiple times or as multiple registrants. Any Entrant who attempts to enter with multiple email addressed under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all Prizes won, in Sponsor’s discretion.
       
  5. Prize to be Awarded:
    1. There will be one (1) prize (the “Prize”) available to be won by eligible Entrants that successfully enter the Contest.  From the collective group of eligible Entrants that successfully enter the Contest and subject to these Official Rules, one (1) winner will be selected as set forth below (the Winner”).  
    2. The Prize for the one (1) Winner is a Five Hundred and no/100 CDN Dollars Cat Credit that can be used towards the purchase of Cat parts, service, work tools, or rentals at any Cat dealer or Cat rental store location in Canada.  The total approximate value of the Prize awarded to the one (1) Winner is Five Hundred and no/100 CDN Dollars ($500.00 CDN).
    3. The Winner is not entitled to any monetary difference between the actual Prize value and the stated approximate Prize value, if any.  
    4. The Cat Credits are not redeemable for cash.
    5. Each Cat Credit will be delivered to the Winner as a certificate by electronic mail to the e-mail address provided by the Winner during the completion of the Entry, after the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set forth herein.
    6. The Sponsor shall not be responsible for delivery of any portion of the Prize to any alternative email address and to the attention of any person other than such person’s attention as are identified by the Winner in the Winner’s Entry submitted and these Official Rules.
    7. Each Entrant must comply with these Official Rules.
    8. The Prize must be accepted as awarded and cannot be split, transferred, assigned, substituted or redeemed for cash, except in the sole discretion of the Sponsor. The Sponsor reserves the right, in its sole discretion, to substitute an alternate prize of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason.  
    9. The Sponsor shall not assume any liability for a lost, damaged or misdirected Prize.
    10. The Sponsor shall not be liable if the Prize is prohibited from being provided due to unforeseen circumstances including, but not limited to, acts of God or other circumstances beyond Sponsor‘s reasonable control.
    11. The Sponsor shall not be responsible if the Prize is lost by any delivery method selected by the Sponsor to deliver any portion of the Prize including, but not limited to, delivering any portion of the Prize to the incorrect address or location.
    12. THE WINNER IS SOLELY RESPONSIBLE FOR ANY AND ALL TAXES (WHETHER FEDERAL, PROVINCIAL, LOCAL OR ANY OTHER KIND)  DUE ON THE PRIZE OR INCURRED AS A RESULT OF WINNING A PRIZE.
    13. The approximate retail value of the Prize based on information available to the Sponsor and the value of the Prize awarded to a potential Winner may be reported for tax purposes where required by law. A potential Winner may be required to provide the Sponsor with a valid tax identification number or similar prior to the Prize being awarded for tax reporting purposes. Further a potential Winner may be required to co-operate with Sponsor by completing additional tax related documentation to be eligible to win.
       
  6. Winner Selection:
    1. A potential Winner shall be selected by random draw as follows: one (1) to be drawn on or about August 1, 2023, from all eligible Entries received during the Promotion Period.
    2. No more than one (1) prize will be awarded.
    3. The odds of winning depend upon the total number of eligible Entries received during the Promotion Period.
    4. An Entrant selected as a potential Winner must: (i) comply with these Official Rules (including the eligibility requirements), and (ii) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question to be administered during a pre-arranged telephone call or by email, in order to be eligible to accept the Prize.
    5. The Winner will be required to execute an affidavit and release (the “Affidavit and Release”) that, among other things, confirms their: (i) eligibility for the Contest and compliance with these Official Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsor and its parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies, including without limitation Simantel, from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of the Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; (iv) willingness to cooperate in good faith with the Sponsor, its affiliates, its agents and any advertising and promotional agencies, including without limitation Simantel, to coordinate and participate in any reasonable marketing and promotional activities regarding Winner’s acceptance and use of the Prize; and (v) grant to the Sponsor the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Winner’s name, photographs, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof.  The executed Affidavit and Release must be submitted to the Sponsor by the Winner within seventy-two (72) hours of the Sponsor’s confirmation to the Winner of his/her eligibility to win the Prize or the selected Entrant will be disqualified. In such circumstances, the potential Winner who has been disqualified will forfeit the Prize and the next alternative eligible Entrant from all of the remaining eligible Entrants will be randomly selected and, subject to these Official Rules, will be deemed the Winner. 
       
  7. Winner Notification: Within five (5) days following the selection of the Winner, the Winner will be notified by the Sponsor by email and/or by telephone using the information provided on his/her Entry. If the selected Entrant does not respond to the notification within seventy-two (72) hours after the notification has been sent; if the contact information provided is non-operative or non-operational; or if the selected Entrant is unwilling, ineligible or unable to accept the Prize, the Prize will be forfeited and the next alternative Entrant from all of the remaining eligible Entrants will be randomly selected and, subject to these Official Rules, will be deemed the Winner. If, following the notification of four (4) selected Entrants in sequence of their selection as the Winner, no such Entrants have responded within seventy-two (72) hours of notification, or if such eligible Entrants are unwilling, ineligible or unable to accept the Prize, Sponsor may, in its sole discretion, cancel or terminate this Contest without awarding the Prize to any Entrant. 

  8. Agreement to Official Rules: Participation in the Contest constitutes the Entrant’s full and unconditional agreement and acceptance of these Official Rules.  Receiving the Prize is contingent upon fulfilling all requirements set forth herein.

  9. 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. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  The Sponsor is not obliged to enter into any correspondence with any Entrant or potential Entrant. The Sponsor and each of its respective parents, subsidiaries, limited liability or affiliated companies, any of their respective employees, shareholders, directors, officers, members, personnel, agents, assigns, advertising and promotional agencies, including without limitation Simantel, shall not be responsible for: (a) Entries, Prize claims, notifications or other communications 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; (b) 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; (c) typographical, printing or other errors, or any combination thereof; (d) inability to access the Promotion Website or any web pages of the Sponsor or any third party; (e) theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; (f) 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; (g) any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Contest; or (h) any obscene, offensive, illegal, tortious, defamatory, infringing, or other objectionable content uploaded or posted by any Entrant or third party in connection with the Contest.  If for any reason this Contest is not capable of being conducted as planned; or if this Contest 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 Contest 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 Contest, the Sponsor reserves the right, in its sole discretion, to disqualify any Entrant or any other individual implicated in such action and/or to cancel, terminate, modify or suspend this Contest, or any portion thereof, without obligation. If such cancellation, termination, modification or suspension of this Contest occurs, notification will be posted at the Promotion 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 interfered or attempted to interfere with the Contest in any manner.  Any attempt by an Entrant or any other individual to deliberately damage any phone service site or Web site or undermine the legitimate operation of this Contest 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. Entrants are subject to and must comply with all applicable terms and conditions, policies and rules of third parties including Facebook and Instagram including, without limitation, with respect to the posting of content on such sites. Entrant agrees to post content in accordance with and permits Sponsor’s use of any content posted by Entrant to any social media platform in accordance with Sponsor’s Social Media and Photo and Video Terms & Conditions available at https://www.caterpillar.com/en/legal-notices/social-media-photo-video-terms-conditions.html

  10. Limitation of Liability / Publicity:  By entering the Contest, each Entrant (a) acknowledges compliance with these Official Rules, including all eligibility requirements; (b) agrees to be bound by the decisions of the Sponsor, which are final and binding in all respects; (c) agrees that the Sponsor has sole discretion to resolve any disputes as it sees fit; and (d) agrees that neither the Entrant nor his/her heirs, successors, or assigns will assert any claim related to damages, losses or injuries against the Sponsor or its related corporations, parents, subsidiaries, franchisees, advertising or promotion agencies, including without limitation Simantel, attorneys, Prize providers and affiliated entities, and each of their respective 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 corporations, parents, subsidiaries, limited liability and affiliate companies, franchisees, advertising and promotion agencies, including without limitation Simantel, attorneys, Prize providers and affiliated entities: (i) make no warranty, guaranty or representation of any kind concerning the 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 Contest or acceptance and/or use of the 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, 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 by a hypertext link; and (v) disclaim any liability for the termination, amendment, suspension or modification of the Contest for any reason or through the acts or defaults of any company or person fulfilling any portion of the Prize.  By submitting an Entry, each Entrant consents to future communications being sent to the Entrant, subject to a right to “opt out” and cease all future correspondence. 

  11. Release/Indemnity:  By participating in the Contest, all Entrants agree to release and hold harmless the Sponsor and its parent, subsidiaries, limited liability and affiliate companies, its advertising and promotional agencies, including without limitation Simantel, and each of their respective employees, shareholders, directors, officers, members, personnel, agents, attorneys and assigns (all such individuals and entities collectively referred to herein as 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 Contest, any breach of these Official Rules, or acceptance, possession, use or misuse of the 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 OR LOSSES, AND THE RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED. Each Entrant further agrees to fully indemnify the Releasees from any and all claims by third parties relating to the Contest, without limitation.

  12. Privacy: By participating in the Contest, each Entrant (a) grants to the Sponsor and its respective authorized agents the right to use his/her name, address, telephone number, e-mail address, and such other information provided in connection with registering for the Contest (“Personal Information”) for the purposes of administering the Contest including, but not limited to, contacting and fulfilling the award of the Prize; (b) grants to Sponsor the right to use his / her Personal Information for promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (c) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of the Sponsor in connection with any of the activities listed in (a) and (b).  Personal Information will not otherwise be sold, shared or disclosed in any manner or for any other purposes by the Sponsor or any related entities, unless Entrant has otherwise agreed. The Sponsor will process the Entrant’s Personal Information in a manner that is consistent with the Sponsor’s Global Data Privacy Statement, located at http://www.caterpillar.com/dataprivacy and, to the extent applicable Data Governance Statement, located at https://www.caterpillar.com/datagovernance, as each may be updated from time to time.

  13. Dispute Resolution:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligation of the Entrant and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Ontario without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction).  Any and all disputes, claims and causes of action arising out of or connected with this Contest, or the Prize awarded, shall be resolved individually, without resort to any form of class action.  All claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall include attorney’s fees.  The sole proper venue for the resolution of any dispute shall be the Province of Ontario, Toronto and each Entrant hereby consents to the jurisdiction of the courts located therein.

  14. Parties not affiliated with Sweepstake:  None of the following are affiliated with this Contest: Simantel, its subsidiaries, if any, nor any of the following social media platforms: Facebook® and Instagram®; and none of the foregoing are sponsors of this Contest and therefore are not responsible for providing any Prize to be awarded.

  15. Trademark/Copyright:  All Content on the Promotion Website, any Facebook® page, or Instagram® posts; including text, graphics, trademarks, service marks, 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 Promotion Website, any Facebook® page or Instagram® posts are the property of either the Sponsor, its respective affiliates, or third parties that have licensed Content and software for use on the Promotion Website, Facebook® page or Instagram® posts. No license is granted for any further use of any Content. All Content and software are protected by Canadian 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.

  16. Termination.  The Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Official Rules in any way, at any time, for any reason without prior notice.  
     

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