GLOBAL OPERATOR CHALLENGE CONTEST
Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

  1. ELIGIBILITY: The Caterpillar Global Operator Challenge is open to contestants who have been nominated for participation by a Caterpillar Participating Dealer (each such nominee a “Contestant”). Each Participating Dealer will conduct an Operator Challenge pursuant to such Participating Dealer’s terms and conditions, and rules to assess the performance of the contestants use of certain Cat equipment (“Local Challenge”). Each Local Challenge is organized and run by, and is the sole responsibility of, the relevant Participating Dealer. Each Participating Dealer will be eligible to nominate one or more contestants selected pursuant to the Local Challenge rules for participation in a regional challenge in the marketing region in which the Participating Dealer is located (each a “Regional Challenge”). Winners will be selected from each Regional Challenge to participate in the Global Operator Challenge (“Global Challenge”), which is planned to be held in Las Vegas at the Construction Expo 2023. The Regional Challenge and the Global Challenge may be referred to as the “Contest.” For a list of Participating Dealers please refer to the web site link at: cat.com/operatorchallenge (each a “Participating Dealer”). For details of the Local Challenge entry terms and conditions, entry periods and other rules contact the relevant Participating Dealer.

    To be eligible to apply to participate in the Contest, an individual must:

    (a) Submit an entry application with the Participating Dealer;

    (b) Be 21 years of age or older;

    (c) Be authorized by a business that operates mobile construction equipment within the service territory of the Participating Dealer (“the Business”) and physically reside within such service territory in a state or country that permits participation in the Contest, and provided that such Business is not a competitor of any of the Sponsors;

    (d) Contestants must be legally able to travel to the United States and the country where the relevant Regional Competition is being held for participation in the Contest and have all necessary documentation as may be required for presentation to any governmental authority for entry into such country including, but not limited to customs, immigration and airport personnel; and

    (e) Be selected and nominated by a Participating Dealer for participation in the respective Regional Challenge, pursuant to the Local Challenge contest to evaluate operator skill based on rules and terms and conditions developed by such Participating Dealer.

    (f) Not be a government official, employee of such government or immediate family member or household members of a government official or employee of a government.

    (g) Not be identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, Department of the Treasury (“OFAC”).

    The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest, including, without limitation, proof of authorization by the Business during the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by, and supplied to, the Sponsors for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Each Sponsor reserves the right, in its sole discretion, to disqualify any contestant should such contestant at any stage supply untruthful, incomplete, inaccurate, or misleading personal details and/or information. Sponsors may immediately disqualify a contestant if the participation in the Contest should cause the Sponsors to be in contravention of any applicable laws.

    All previous Contest Global Winners, employees of Sponsors and employees of Cat dealers, as well as of all associated or affiliated companies representatives, distributors, licensees or agents and their immediate family members (spouse, parent, child, sibling, and their respective spouses) and those living in the same household of any (whether related or not), are ineligible to participate in the Contest. All applicable country specific, federal, state, and local laws and regulations apply. Entry in the Contest constitutes your full and unconditional acceptance of these Official Rules.

  2. SPONSORS. Caterpillar Inc., having an office at 100 North East Adams Street, Peoria, Illinois, USA 61629 is the global sponsor of the Global Challenge (“Global Sponsor”), and the sponsor of each Regional Challenge is as follows (each a “Regional Sponsor”): Caterpillar, Inc. for the Regional Challenges located in Clayton N.C., 1167 NC Highway 42, E. Clayton, NC 27527, Caterpillar Centro de Formacion, S.L., Camino de Caterpillar 2, Santa Rosalia-Maqueda, Malaga E 29591 (Spain) for the Regional Challenge, located in Malaga, Spain, Caterpillar Brasil Ltda KM 157, Rod. Luis de Queiroz, s/n - Unileste, Piracicaba - SP, 13420-900, Brazil for the Regional Challenge, located in Piracicaba Brazil, TBD CHINA for the Regional Challenge located in TBD China and Caterpillar Japan LLC, 7-1, Minatomirai 3-chome, Nishi-ku, Yokohama-shi, Kanagawa-ken 220-0012 Japan for the Regional Challenge located in Chichibu, Japan. Collectively, the Regional Sponsors and the Global Sponsor may be referred to as “Sponsors.”

  3. TIMING. Participating Dealers will conduct Local Challenges among the selected entrants to determine which entrants such Participating Dealer will nominate for the Regional Operator Challenge. For dates and times for submission of an application to participate in a Local Challenge, contact a Participating Dealer.

  4. PARTICIPATING DEALER CONTESTANT SUBMISSION. Participating Dealers will nominate contestants from their Local Challenge for entry in a Regional Challenge designated for the relevant Participating Dealer’s marketing territory.

    a. Regional Operator Challenge. The Global Operator Challenge will begin with Regional Operator Challenges, which are planned to be conducted as set forth in the following table:

    Regional Operator Challenge Regional Operator Challenge Location Regional Operator Challenge Dates
    US and Canada Clayton, NC October 2022
    South America Piracicaba, Brazil October 2022
    Europe and Middle East Malaga, Spain October 2022
    Asia Chichibu, Japan October 2022

    Any date given in these Official Rules are subject to change, especially in view of circumstances beyond the reasonable control of the Sponsors. Please refer to the web site link at: cat.com/operatorchallenge for Regional Operator Challenge final timing and location details.

    The relevant Sponsor will conduct the Regional Operator Challenge competition to assess the Contestants’ skills in operating certain Cat equipment. The criteria for assessing performance and the specific operator tasks to be performed in the Regional Challenge are as set forth below in Section 5. Sponsors reserve the right to modify, amend or cancel all or a portion of the specific criteria or operator tasks. The Regional Sponsors will collectively select nine (9) winners as follows:

    a. The Regional Sponsor for the Regional Challenge for the U.S. and Canada will select two winners;

    b. The Regional Sponsor for the Regional Challenge for South America will select one winner;

    c. The Regional Sponsor for the Regional Challenge for Europe, the Middle East and Eurasia will select three winners; and

    d. The Regional Sponsor for the Regional Challenge for Asia will select three winners.

    Each Regional Challenge winner (“Regional Competition Winner”) will be eligible to compete at the Global Operator Challenge.

    b. Global Operator Challenge. Each Regional Competition Winner will have the opportunity to compete in the Global Operator Challenge to be held in Las Vegas Tuesday March 14, 2023. In the event that a Regional Competition Winner is unable to attend the Global Operator Challenge for any reason, Global Sponsor will select the substitute competitor from the relevant Regional Competition with the next best score for the Global Operator Challenge.

  5. SELECTION OF REGIONAL AND GLOBAL CONTEST WINNERS.

    Each Regional Sponsor will select the Regional Winner(s) based on the following general criteria:

    1. Complete the Regional Sponsor defined challenges and machine operational requirements in the shortest amount of time.
    2. Additional time will be added to overall challenge time, resulting from obstacle contact, unsafe machine practices and deviation from defined challenge goals and targets.
    3. Winners will be those with lowest overall times per defined challenges rules and will be identified at the end of each Regional Sponsor challenge program.

     

    The Global Operator Challenge Sponsor will select three winners from among the Global Challenge contestants based on the following criteria:

    1. Complete the Global Sponsor defined challenges and machine operational requirements in the shortest amount of time
    2. Additional time will be added to overall challenge time, resulting from obstacle contact, unsafe machine practices and deviation from defined challenge goals and targets.
    3. Winners will be those with lowest overall times per defined challenges rules and will be identified at the end of each Regional Sponsor challenge program.

     

    A complete set of the skills to be performed pursuant to the Regional and Global Challenge are set forth on the website: cat.com/operatorchallenge. The specific skills or challenges to be performed at a Regional Challenge or the Global Challenge may be modified or amended at any time prior to the start of the relevant Challenge in the Global or Regional Sponsor’s sole discretion.

  6.  

  7. PRIZES.

    a. Regional Contest Winners. There will be nine (9) Regional Challenge Contest Winners selected. Each winner will be awarded a trip to Las Vegas, NV to compete in the Global Competition to be held on March 14, 2023 (“Regional Contest Prize”) consisting of: round trip Economy class Airfare selected by Regional Sponsor; hotel accommodations for four (4) nights at a hotel selected by Regional Sponsor; standard meals and local transportation in Las Vegas. The approximate value of the trip is up to $10,000 per Winner.

    b. Global Operator Challenge Contest Winners. There will be one Global Challenge Contest Winner. The Winner will receive a trophy, placards and other recognition items determined in Global Sponsor’s sole discretion and a trip for the Winner and an accompanying guest (the “Global Contest Prize”) the location of which is determined in Global Sponsor’s sole discretion from among cities where Caterpillar has a production facility, such trip consisting of: maximum of two round trip Economy class Airfare selected by Global Sponsor; hotel accommodations for four (4) nights at a hotel selected by Global Sponsor; standard meals and local transportation in the destination city. The approximate maximum value of the trip is $10,000.

    To be eligible to the Global Contest Prize, the accompanying guest must meet the eligibility requirements of Section 1. (f) and (g). The Sponsor shall have the right at any time to require proof of identity and/or eligibility to receive the Global Contest Prize, and reserves the right to deny providing the Global Contest Prize to any accompanying guest, should they provide untruthful, incomplete, inaccurate, or misleading personal details and/or information, or cause the Sponsors to be in contravention of any applicable laws.

    All expenses not specified herein as included are not included as part of the Prize, including without limitation all applicable taxes, any visa and/or travel permit costs, spending money and travel costs from the Winner’s home to the local airport, all of which are solely the Prize Winner’s responsibility.

    Prizes are not redeemable or substitutable for cash. No substitution will be made except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize for one of equal or greater value (subject to applicable legal or regulatory limitations) if the Prize should become unavailable for any reason.

  8. RELEASE. By participating in a Regional Challenge or the Global Operator Challenge or by accepting the Regional Contest Prize or the Global Contest Prize, each Contestant agrees to release and hold harmless each Sponsor and its and their respective subsidiaries, affiliates, suppliers, distributors and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of the prize or any portion of the prize.

  9. PUBLICITY. Global and Regional Prize Winners (“Prize Winners”) shall make themselves available to appear in promotional videos, upon Sponsors’ request, during the calendar years 2022 and 2023. Prize Winners shall further assist Sponsors, upon Sponsors’ reasonable request, in other advertising and marketing promotion activities. A Prize Winner’s failure or refusal to participate in the publicity obligations as instructed by any Sponsor, in the respective Sponsors’ sole discretion, shall constitute a forfeiture of the Prize and Sponsors shall have the right to seek recovery of all moneys and expenses associated with the respective Prize as well as any provable direct damages associated therewith.

    As a condition of entry into the Contest, except where prohibited by law, each Contestant including the Winners, shall be required to sign a Media Release and Waiver of Liability and Indemnification to participate. The Media Release and the Waiver shall be provided to each Contestant no later than the first day of the Regional Challenge or the Global Challenge, as the case may be. Among other things, the Media Release shall grant to Sponsors and its, and their, affiliates, legal representatives, assignees and licensees, all rights, titles, and interests to publicize, broadcast, display and/or otherwise use the Contestant’s voice, name, likeness, photograph, city, state, and/or biographical material (collectively, “Licensed Rights”) in any media now or hereafter known throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission, or approval of the Contestant.

  10. GENERAL CONDITIONS. Sponsors reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsors in their sole discretion. Sponsors reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.

  11. LIMITATIONS OF LIABILITY. Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software (beyond Sponsors’ reasonable control); (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (5) any injury, death, or damage to property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or receipt or use or misuse of any Prize. If a Regional Competition Winner is unable to attend the Global Operator Challenge for any reason, Global Sponsor will select a substitute competitor from the relevant Regional Competition with the next best score for the Global Operator Challenge. No more than the stated number of prizes will be awarded. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

  12. DISPUTES. Except where prohibited, all Contestants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, such Arbitration to be held in the city of Peoria, Peoria County, Illinois; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will the Contestants be permitted to obtain awards for, and Contestants hereby waive all rights to claim, indirect, punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Illinois without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Illinois.

  13. PERSONAL INFORMATION.The personal information of the Contestant collected and processed in the context of the Contest is subject to Caterpillar Inc.’s Global Data Privacy Statement, located at: https://www.caterpillar.com/en/legal-notices/dataprivacy.html. By entering the Contest, you agree to the use of your personal information as described in the above Global Data Privacy Statement.

  14. RULES/PRIZE WINNERS' LIST REQUESTS:A complete copy of these Official Rules or identification of the Prize Winners will be posted at: cat.com/operatorchallenge

  15. PRIZE WINNER AFFIDAVIT AND RELEASE. Each Winner may be required to execute an affidavit and release (the “Affidavit and Release”) that confirms the Winner’s: (i) eligibility for the Contest and compliance with these Official Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsors 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 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 any 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; and (iv) grant to the Sponsors the unrestricted right, in the Sponsors’ 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 Promotion and the promotion and exploitation thereof. The executed Affidavit and Release, if required, must be returned within ten (10) days of the verification as a Winner or the selected Contestant will be disqualified, and the Prize forfeited.

  16. TRADEMARK/COPYRIGHT: All content on the cat.com/operatorchallenge and all related sites of Sponsors relating to the Global Operator Challenge Contest (collectively the “Sites”), 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 Site are the property of either the Sponsor, its respective affiliates, or third parties that have licensed content and software for use on the Site. 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., 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.

  17. SEVERABILITY: Any term or provision of these Official Rules that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. Sponsors agree to attempt in good faith to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the purpose and intent of such invalid or unenforceable provision

  18. 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 and without prior notice.

© 2022 Caterpillar Inc. All Rights Reserved.