S·O·SSM 50th Anniversary Give Away Sweepstakes Official Rules

S·O·SSM 50th Anniversary Give Away Sweepstakes Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO ALL LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF NEW YORK, RHODE ISLAND, FLORIDA, PUERTO RICO, AND THE US TERRITORIES AND POSSESSIONS). US RESIDENTS MUST BE THE AGE OF MAJORITY IN THEIR STATE OR OLDER AND BE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA (EXCLUDING NEW YORK, RHODE ISLAND, FLORIDA, PUERTO RICO, AND THE US TERRITORIES AND POSSESSIONS). THIS PROMOTION IS VOID IN NEW YORK, RHODE ISLAND, FLORIDA, PUERTO RICO, AND THE US TERRITORIES AND POSSESSIONS AS WELL AS WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION. THE PROMOTION IS SUBJECT TO ALL FEDERAL, STATE, PROVINCIAL, LOCAL AND MUNICIPAL LAWS. THE LAWS OF THE STATE OF ILLINOIS GOVERN THIS PROMOTION.

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

2. Promotion Sponsor: The S·O·SSM 50th Anniversary Give Away Sweepstakes (the “Promotion”) is sponsored by Caterpillar Inc. 100 NE Adams St., Peoria, IL (the “Sponsor” or “Caterpillar”). FACEBOOK© IS NOT A SPONSOR OF THIS PROMOTION.

3. Who Can Enter: To be eligible for the Promotion, an individual must:

(a) be a legal resident of: (i) one of the fifty (50) United States (excluding the states of New York, Rhode Island, and Florida and excluding Puerto Rico and the US Territories and Possessions), or (ii) the District of Columbia; and

(b) be the age of majority in their state or district of residency or older.

Employees of Caterpillar and its parents, agents, subsidiaries, and affiliated companies, divisions, dealers, attorneys, advertising and promotion agencies, and the immediate family members and household members of any of the above, are not eligible to participate in this Promotion.

The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Promotion. 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 Promotion must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. The Promotion is subject to all federal, state, local, provincial and municipal laws. The law of the State of Illinois governs this Promotion.

4. How to Enter:

(a) There is no purchase necessary to enter the Promotion. To enter this Promotion, persons eligible to enter the Promotion must visit www.cat.com/50years (the “Website”) and complete and submit the entry form posted on that site with the Entrant’s full legal name, the industry in which the Entrant is employed, daytime telephone number, e-mail address. The entry form submitted and selection of the submission button by the Entrant as described above is referred to herein as an “Entry” and all such entries are collectively referred to as the “Entries”. Each Entry will be submitted via the Website. The Entries must be submitted between 5:00:01 p.m. CT on July 26, 2018 and 4:59:59 p.m. CT on August 9, 2018 (the “Promotion Period”) after which time the Promotion 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 Official Rules in order to have his/her Entry entered into the Promotion. All persons that submit an Entry in accordance with these Official Rules shall be referred to as an “Entrant” or collectively as the “Entrants”.

(b) All Entries become the sole property of the Sponsor and none will be returned for any reason.

(c) Lost, late, incomplete, stolen, misdirected, corrupted or illegible Entries are void and will not be considered. Any disputes regarding ownership of any Entry will be resolved by the Sponsor in its sole discretion.

(d) Limit of one (1) Entry per person during the Promotion Period.

(e) Entries received via the Website 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.

5. Prizes:

(a) There will be fifty (50) prizes (each, a “Prize” and collectively, the “Prizes”) each available to be won an individual winner (each a “Winner” and collectively, the “Winners”). Each Prize will consist of the following:

A prepaid credit for five (5) S·O·SSM fluid analysis sample bottle kits, analysis of the fluid(s), and result interpretation from any Cat dealer or Cat Rental Store location in the U.S. It is not redeemable for cash. You do not have to have a Cat Financial Commercial Account to redeem this prepaid credit, nor do you have to apply for one. If you have a Commercial Account, this prepaid credit is not connected and cannot be used to pay on your account. Please present this prepaid credit to your Cat dealer before making a purchase. The credit transaction is managed and processed by the participating Cat dealer. Neither Sponsor nor any of its Affiliates is a party to transactions between the Cat dealer and you and is not responsible for any party’s performance in connection with such transaction. Neither Caterpillar nor the participating Cat dealer are responsible for any unauthorized use of the credit made available under this program. The credit shall be honored upon presentation of the account number provided in connection with the credit. The Prize must be fully spent no later than 5:00 pm the Winner’s local time on December 31, 2018.

(b) The aggregate approximate value of all Prizes is approximately $5,000.

(c) Winner is not entitled to any monetary difference between the actual Prize value and the stated approximate Prize value, if any.

(d) The Prize will be delivered to each Winner by e-mail to the address provided by Winner upon notification of being selected, with all cost of said delivery being paid by Sponsor.

(e) The Sponsor shall not be responsible for delivery of the Prize to any location other than the location provided by Winner at the time of notification, which location must be in a state or district where residents are permitted by these Official Rules to participate.

(f) The Winner must comply with these Official Rules.

(g) 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 a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.

(h) The Sponsor shall not assume any liability for the Prize if it is lost, damaged or misdirected.

(i) The Sponsor shall not be liable for any portion of a Prize that is prohibited from being provided due to unforeseen circumstances including, but not limited to, acts of God, or other acts beyond Sponsor’s reasonable control.

(j) The Sponsor shall not be responsible for any Prize 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.

(k) The Winner is solely responsible for any and all federal, state or local taxes due on any Prize or incurred as a result of winning the Prize.

6. Winner Selection:

(a) The Winners shall be selected as follows: on or about August 17, 2018, fifty (50) Entrants will be selected by a random draw from all eligible Entries received during the Promotion Period with the first fifty (50) Entrants selected being awarded the Prize.

(b) No more than the stated number of prizes will be awarded by the Sponsor or any other party.

(c) The odds of winning depend upon the total number of eligible Entries received.

7. Winner Notification: The week following the selection of the Winners, each Winner will be notified by the Sponsor by electronic mail and/or by telephone using the information provided on his or her Entry. Each Winner will also be contacted by their local Cat Dealer. Notification will be attempted a maximum of three (3) times. If any selected Entrant does not respond to the notification within six (6) business days of the final attempted contact; if the contact information provided is non-operative or non-operational; or if the selected Entrant is unwilling or unable to accept the Prize offered, the Prize will be forfeited and the next alternative Entrant will be randomly selected and deemed the Winner.

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 Winner: The Winner shall be announced on the Website on or about August 17, 2018 and shall remain posted there for a minimum of thirty (30) business days.

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 provincial 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 or any Web or Facebook pages of the Sponsor; (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 Web site 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, Facebook Page or Web site 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©, the Sponsor or its related corporations, 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 corporations, 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 or Facebook page, 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 Facebook 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 Winner, agree to release and hold harmless Facebook©, the Sponsor and its parent, 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.

13. Privacy: By participating in the Promotion, each Entrant (i) grants to the Sponsor and its respective authorized agents the right to use his/her name, e-mail address, industry employed in, and telephone number (“Personal Information”) for the purposes of administering the Promotion including, but not limited to, contacting and announcing the Winner and fulfilling the award of the Prize; (ii) grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Promotion, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) 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 (i) and (ii) above. Personal information will otherwise not 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 use the Entrant’s Personal Information only for identified purposes and will protect the Entrant’s Personal Information in a manner that is consistent with the Sponsor’s privacy policy. To view Caterpillar’s privacy policy visit: https://www.caterpillar.com/dataprivacy

14. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction). Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or the prize(s) 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 State of Illinois, County of Peoria and each Entrant hereby consents to the jurisdiction of the courts located therein.

15. Parties not affiliated with Promotion: FACEBOOK© IS NOT AFFILIATED WITH THIS PROMOTION, IS NOT RESPONSIBLE FOR THE ADMINISTRATION OF THIS PROMOTION, IS NOT RESPONSIBLE FOR PROVIDING ANY PRIZE, AND IS 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.

© 2018 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, BUILT FOR IT, their respective logos, "Caterpillar Yellow, " the "Power Edge" trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.