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NO PURCHASE NECESSARY TO ENTER OR WIN PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO ALL LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS). U.S. RESIDENTS MUST BE AT LEAST THE AGE OF MAJORITY IN THEIR STATE OR DISTRICT 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 PROMOTION 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 PROMOTION IS SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS. THE LAWS OF THE STATE OF ILLINOIS GOVERN THE TERMS OF THIS PROMOTION.
1. NO PURCHASE NECESSARY TO ENTER OR WIN THE PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
2. Promotion Sponsor: The Cat® Undercarriage Cooler Sweepstakes (the “Promotion”) is sponsored by Caterpillar Inc., 5205 N. O’Connor Boulevard, Suite 100, Irving, Texas 75039 (the “Sponsor” or “Caterpillar”).
3. Who Can Enter: To be eligible to participate in the Promotion, an individual must:
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 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 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, and municipal laws. The law of the State of Illinois governs this Promotion.
4. How to Enter:
5. Prize to be Awarded:
6. Winner Selection:
7. Winner Notification: Notification will be attempted by Sponsor a maximum of three (3) times. Notification will be by e-mail at the e-mail addressed used for the Entry. If the selected winner does not respond to the notification within ten (10) business days of the final notification; if the contact information provided is non-operative or non-operational; or if the selected Entrant is unwilling 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 a winner.
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 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. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. No correspondence will be entered into by the Sponsor and any 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: (1) Entry 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 Promotion Website or any Web 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 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 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 Promotion 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 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.
10. 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 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 Promotion 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, 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 the Prize, the Entrant consents to future communications being sent to the Entrant, subject to a right to “opt out” and cease all future correspondence, the use of his/her, name, photograph, likeness, voice, and biographical information for publicity or advertising purposes without further notice or compensation, to the extent permitted by law.
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 (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 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.
12. 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, address, telephone number, e-mail address, 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 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; (iii) authorizes Sponsor to send to the Entrant additional promotional correspondence, subject to a right to “opt out” and cease all future correspondence, and (iv) 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 and Data Governance Statement, visit www.caterpillar.com/en/legal-notices.html.
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 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 State of Illinois, County of Peoria 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®, Instagram®, LinkedIn®, and Twitter®; and none of the foregoing are sponsors of this Promotion and therefore are not responsible for providing any Prize to be awarded.
15. Trademark/Copyright: All Content on the Promotion Website, any Facebook® page, Instagram® posts, or any Twitter® messages (or "tweets"), 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 Promotion Website, any Facebook® page, or any Twitter® messages, Instagram® posts, and/or LinkedIn® shares or 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 Twitter® messages, Instagram® posts, and/or LinkedIn® shares or posts. 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.
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.