2024 CAT^® GLOVES GIVEAWAY

NO PURCHASE NECESSARY TO ENTER GIVEAWAY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF RECEIVING A PAIR OF GLOVES. OPEN TO ALL LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF AND THOSE LOCATED IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS). U.S. RESIDENTS MUST BE 18 YEARS OF AGE OR OLDER AND PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF OR THOSE LOCATED IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS). THIS GIVEAWAY IS VOID IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS AS WELL AS WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION. THIS GIVEAWAY IS SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS. THE LAWS OF THE STATE OF ILLINOIS GOVERN THE TERMS OF THIS GIVEAWAY.

1. NO PURCHASE NECESSARY TO ENTER OR WIN THE PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF RECEIVING A PAIR OF GLOVES.
   
   
2. Promotion Sponsor: The 2024 Cat^® Gloves Giveaway (the “Promotion” or “Giveaway”) is sponsored by Caterpillar Inc., 5205 N. O’Connor Boulevard, Suite 100, Irving, Texas 75039 (the “Sponsor” or “Caterpillar”).
   
   
3. Agreement to Official Rules: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Promotion. Receiving a pair of gloves is contingent upon fulfilling all requirements set forth herein.
   
   
4. Social Media Disclosure: THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH THE SOCIAL MEDIA PLATFORM ON WHICH IT IS ADVERTISED OR OTHERWISE USED TO SOLICIT ENTRIES OR FEEDBACK INCLUDING FACEBOOK^®, INSTAGRAM^®, OR THEIR PARTNERS AND SPONSORING ORGANIZATIONS. Entrants are providing information to the Sponsor and not to any social media platform. The information provided will be used for administering this Promotion and for marketing purposes as more fully set forth in Section 14 of these Official Rules.
   
   
5. Who Can Enter: To be eligible to participate in the Promotion, an individual must:
   
   
   • a.) be a legal resident of and physically located in: (i) one of the fifty (50) United States (excluding residents of or those located in Florida, New York, Rhode Island, Puerto Rico, and the U.S. Territories and Possessions), or (ii) the District of Columbia;
     
     
   • b.) be at least the age of majority in their state or district of residency; and
     
     
   • c.) be a current Caterpillar customer with an active Cat^® machine serial number.
     

   Officers, directors and employees of Caterpillar and its parents, agents, subsidiaries, and affiliated companies, divisions, dealers, attorneys, advertising and promotional 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 Promotion. 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 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 (as defined below) should such Entrant at any stage supply untruthful, incomplete, inaccurate, or misleading personal details and/or information.

   
   
6. How to Enter Giveaway:
   
   
   • a.) There is no purchase necessary to enter or win the Promotion. A purchase will not improve your chances of winning.
     
     
   • b.) This Promotion is limited to the first 5,000 Entrants (as defined below) who submit a Submission (as defined below) during the Period (as defined below).
     
     
   • c.) To participate in this Promotion, persons eligible to enter the Giveaway must log on to https://www.cat.com/en_US/campaigns/awareness/scheduled-downtime-repair-rebuild.html (the “Website”), to complete and submit the Promotion entry form with such person’s full legal name, complete mailing address, e-mail address, daytime telephone number, valid serial number and such additional information requested by the Promotion entry form on the 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.” The Giveaway is limited to the first five thousand (5,000) Entries received. Each of the first five thousand (5,000) persons that submits an Entry in accordance with these Official Rules shall be referred to as an “Entrant” and collectively all such persons shall be referred to as the “Entrants.” Each Entry must be submitted via the Website. The Entries must be submitted between 8:00:01 a.m. Central Time on May 1, 2024, and December 15, 2024 at 11:59:59 p.m. Central Time (the “Period”). The Promotion will be closed and no further Entries shall be accepted at the sooner of receipt of the five thousandth Entry or at the end date and time of the Period. Any person who desires to submit an Entry must provide all information required by these 2024 Cat^® Gloves Giveaway Official Rules (the “Official Rules”) in order to have his/her Entry entered into the Promotion. 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 Promotion.
     
     
   • d.) Proof of entry information at the Website is not considered proof of delivery to or receipt by the Sponsor of an Entry.
     
     
   • e.) Sponsor is not responsible for late, delayed, undelivered, inaccurate or misdirected Entries or incomplete or inaccurate Entry information whether caused by internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the Entries.
     
     
   • f.) All Entries become the sole property of the Sponsor and none will be returned for any reason.
     
     
   • g.) 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.
     
     
   • h.) All Entries must be submitted during the Period.
     
     
   • i.) Limit of one (1) Entry per person.
      
   • j.) 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.
      
   • k.) 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 its Entry and/or all of its Entries) who tampers with the Entry process. Entrants may not register multiple e-mail 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 e-mail addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all right to receipt of any gloves, in Sponsor’s discretion.
      
7. Value of the Gloves:
   
   
   • a.) No more than the stated number of pairs of gloves will be given away.
     
     
   • b.) Each pair of gloves is worth approximately $8.39. The aggregate value of all gloves given away is dependent upon the total number of Entrants, but in no event will the aggregate value exceed $41,950.00.
     
     
   • c.) All gloves will be delivered to Entrants by regular mail to the address provided by each Entrant during the completion of the Entry form with the cost of said delivery to be paid by Sponsor.
     
     
   • d.) Sponsor shall not be responsible for delivery of any gloves to any location other than the location provided by Entrant on the Entry.
     
     
   • e.) One pair of gloves will be provided to each Entrant that submits an Entry in accordance with Section 6 of these Official Rules, while supplies last.
     
     
   • f.) Sponsor shall not assume any liability for lost, damaged or misdirected gloves.
     
     
   • g.) Sponsor shall not be liable in the event gloves given away are prohibited from being provided due to unforeseen circumstances including, but not limited to, acts of God.
     
     
   • h.) Sponsor shall not be responsible for any gloves lost by any delivery method selected by Sponsor including, but not limited to, delivering the gloves to an incorrect address or location.
     
     
   • i.) Entrants are not entitled to any monetary difference between the actual value of the gloves and the stated approximate value of the gloves, if any.
     
     
   • j.) The gloves are not redeemable for cash.
     
     
   • k.) Each Entrant must comply with these Official Rules (including the eligibility requirements).
     
     
   • l.) The gloves 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 giveaway item of equal or greater value if the gloves cannot be awarded for any reason.
     
     
   • m.) The Sponsor shall not be liable if any gloves are prohibited from being provided due to unforeseen circumstances including, but not limited to, acts of God.
     
     
   • n.) EACH ENTRANT IS SOLELY RESPONSIBLE FOR ANY AND ALL TAXES (WHETHER FEDERAL, STATE, LOCAL OR ANY OTHER KIND) DUE ON THE GLOVES OR INCURRED AS A RESULT OF RECEIVING A PAIR OF GLOVES.
     
     
   • o.) By participating in this Promotion and submitting an Entry, each Entrant hereby (i) swears, affirms, represents and confirms that at the time the Entry was submitted, he/she met all eligibility criteria for the Giveaway and that he/she has read, understood and fully complied with all aspects of these Official Rules; (ii) accepts the gloves as offered; (iii) releases 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 Promotion, participation in any Promotion-related activity or the acceptance, use, or misuse of the gloves, 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) swears, affirms, represents and confirms his/her 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 Entrant’s acceptance and use of the gloves; and (v) grants to the Sponsor the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Entrant’s name and likeness in any and all other media now known or hereafter devised, in connection with the Promotion and exploitation thereof (collectively, the “Promotion Media”) unless prohibited by law.
     
     
8. Agreement to Official Rules: Participation in the Promotion constitutes the Entrant’s full and unconditional agreement and acceptance of these Official Rules. Receiving a pair of gloves 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, claims for gloves, 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 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 an Entrant’s or any other person’s computer relating to or resulting from participation in this Promotion; 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 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 not allowing 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 Entrant or any other individual implicated in such action and/or to cancel, terminate, modify or suspend this Promotion, or any portion thereof, without obligation. 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 interfered or attempted to interfere with the Promotion in any manner. Any attempt by an Entrant or any other individual to deliberately damage any phone service 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. 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 unless prohibited by law.
   
   
10. Limitation of Liability / Publicity: By entering the Promotion, 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 promotional agencies, including without limitation Simantel, attorneys, glove 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 promotional agencies, including without limitation Simantel, attorneys, glove providers and affiliated entities: (i) make no warranty, guaranty or representation of any kind concerning the gloves; (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 the gloves; (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, suspension or modification of the Promotion for any reason or through the acts or defaults of any company or person fulfilling any portion of giving away the gloves. 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 Promotion, 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 as well as Facebook its parent, subsidiaries, limited liability and affiliate companies, its advertising and promotional agencies, 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 Promotion, any breach of these Official Rules, or acceptance, possession, use or misuse of the gloves, 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 Promotion, without limitation.
    
    EACH ENTRANT FURTHER UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES INCLUDING WITHOUT LIMITATION THE DISTRICT OF COLUMBIA ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
    
    1542. CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
    
    
12. Privacy: By participating in the Promotion, each Entrant (a) grants to the Sponsor and its respective authorized agents the right to use his or her name, address, telephone number, e-mail address, submitted photo or image and such other information provided in connection with registering for the Promotion (“Personal Information”) for the purposes of administering the Promotion including, but not limited to, contacting the Entrant to deliver the gloves; (b) grants to Sponsor the right to use his or her Personal Information for promotional purposes relating to the Promotion, 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 or 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 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 gloves, 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 Winnebago and each Entrant hereby consents to the jurisdiction of the courts located therein.
    
    
14. Parties not affiliated with Promotion: None of the following are affiliated with this Promotion: 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 Promotion and therefore are not responsible for providing any gloves to be given away.
    
    
15. Trademark/Copyright: All Content on the 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 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 Website, Facebook^® page or Instagram^® posts. No license is granted for any further use of any Content. 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.
    
    
16. 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.
    
    
17. Severability: If any term or provision of these Official Rules is declared invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
    
    
18. Miscellaneous: These Official Rules contain the full and complete understanding with respect to the Promotion and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings are for convenience only and do not constitute a part of these Official Rules and shall not be deemed to limit or affect any of the provisions herein. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by the Sponsor. The waiver by Sponsor of any provisions of these Official Rules shall not constitute a waiver of the rights or any other provisions of these Official Rules. The rights and obligations hereunder may not be assigned by Entrant whether by operation of law or otherwise without the prior written consent of the Sponsor and any attempted assignment in violation shall be null and void. These Official Rules shall be binding upon and inure to the benefit of any permitted successors and/or assigns of the Sponsor and the Entrant.

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