CAT^® GROUNDBREAKERS PROMOTION OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. 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, AND THE U.S. TERRITORIES AND POSSESSIONS). U.S. RESIDENTS MUST BE AT LEAST THE AGE OF MAJORITY IN THEIR STATE OR DISTRICT AND BE 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, AND THE U.S. TERRITORIES AND POSSESSIONS). THIS PROMOTION IS VOID IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, AND 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, UNITED STATES OF AMERICA GOVERN THESE OFFICIAL RULES AND THE TERMS OF THIS PROMOTION.     

1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
   
   
2. CONSENT TO RECEIVING FUTURE MARKETING IS NOT NECESSARY TO ENTER OR WIN THE CONTEST. CONSENT TO FUTURE MARKETING WILL NOT IMPROVE YOUR CHANCE OF WINNING.
   
   
3. Promotion Sponsor: The Cat^® GROUNDBREAKERS PROMOTION (the “Promotion”) is sponsored by Caterpillar Inc., 5205 N. O’Connor Boulevard, Suite 100, Irving, Texas 75039 (“Sponsor” or “Caterpillar”). FACEBOOK^®, INSTAGRAM^®, AND THEIR PARTNERS AND SPONSORING ORGANIZATIONS ARE NOT SPONSORS OF THIS PROMOTION.
   
   
4. Who Can Enter:
   • (a) To be eligible to participate in the Promotion, an Entrant (defined below) must:
     • (i) 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;
     • (ii) be at least the age of majority in their state or district of residency;
     • (iii) be an owner or employee of a business which is: (A) actively engaged in construction activities; and (B) registered to do business as a domestic entity, with a valid tax ID, in: (I) one of the fifty (50) United States (excluding Florida, New York, Rhode Island, and also excluding Puerto Rico and the U.S. Territories and Possessions); or (II) the District of Columbia (a “Construction Business”); and
     • (iv) be authorized to enter the Promotion by, on behalf and for the benefit of, the Construction Business of which they are an owner or employee. Any prize awarded under this Promotion will be issued in the name of the Construction Business listed on the winning Entry (as defined below).
   • (b) 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. Additionally, officers, directors and employees of companies with existing national or corporate accounts with Caterpillar, and governmental or municipal bodies or agencies (whether U.S. or those of any other country) and their employees, are not eligible to participate in this Promotion.
   • (c) 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.
5. How to Enter:
   • (a) There is no purchase necessary to enter or win the Promotion.
   • (b) To enter this Promotion, persons eligible to enter the Promotion must log on to https://www.cat.com/groundbreakers (the “Promotion Website”), to complete and submit the Promotion entry form with their full legal name, complete mailing address, e-mail address, daytime telephone number, details of the Construction Business of which they are owner or employee, and such additional information as requested by the entry form on the Promotion Website.
   • (c) The entry form submission and selection of the submission button after login, 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” and collectively as the “Entrants.”
   • (d) Entrants will also be presented with the option to receive future communications before submitting their Entry. Consent to receiving future marketing is not necessary to enter or win the Promotion, and an Entrant will be provided the ability to opt-out of future marketing before submitting their Entry.
   • (e) Each Entry must be submitted via the Promotion Website. The Entries must be submitted between 8:00:01 a.m. Central Time on August 5, 2024, and October 31, 2024 at 11:59:59 p.m. Central Time after which time the Promotion will be closed and no further Entries shall be accepted.
   • (f) Entrants must provide all information required by these Official Rules in order to have their Entry entered into the Promotion.
   • (g) Entrants and their associated Construction Businesses must review, consent to and abide by these Official Rules at the time of submission of their Entry. Each Entrant and their associated Construction Business must comply with these Official Rules, and submission of Entry represents such agreement to comply on behalf of Entrant and their associated Construction Business. Failure to comply with these Official Rules by an Entrant gives Sponsor the power, in its sole discretion, to disqualify that Entrant and any other Entrants who entered on behalf of the same Construction Business from the Promotion.
   • (h) Any disputes regarding the validity of any Entry will be resolved by the Sponsor in its sole discretion.
   • (i) All Entries once submitted become the sole property of the Sponsor and none will be returned for any reason.
   • (j) Late, lost, stolen, incomplete, inaccurate, misdirected, corrupted or fraudulent Entries are void and will not be considered.
   • (k) All Entries must be submitted during the Promotion Period.
   • (l) Limit of one (1) Entry per person.
   • (m) Entries received online shall be deemed to be submitted by the authorized account holder of the email address associated with the Entry. For the purpose of these Official Rules, “authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. The selected Entrant may be required to provide the Sponsor with proof that the selected Entrant is the authorized account holder of the email address associated with the winning Entry.
   • (n) 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 addresses 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.
6. Prize to be Awarded:
   • (a) The prize (“Prize”) available to be won in the Promotion is a certificate entitling the Construction Business on whose behalf the Winner has entered to the payment by Sponsor of the rental fee due in respect of one (1) rental contract for the use of a CAT 320 Medium Excavator for a maximum duration of three (3) successive months and subject to a maximum value of $40,000 USD (inclusive of sales tax due on the rental fee) (the “Rental Contract”). The Prize is subject to the following qualifications, terms and conditions:
     • (i) the Rental Contract may only be entered into between a Construction Business on whose behalf an Entrant has entered the Promotion, and an authorized dealer of Cat products (a “Cat Dealer”);
     • (ii) the Rental Contract shall be for a maximum duration of three (3) months, which must be successive, and the term of the Rental Contract must end on or prior to December 31, 2025;
     • (iii) the Rental Contract shall have a maximum value of $40,000 USD (inclusive of sales tax due on the rental fee payable under the Rental Contract);
     • (iv) Cat Dealers may at their sole discretion refuse to enter a Rental Contract with any Construction Business for any reason;
     • (v) the Rental Contract shall include and be subject to such terms and conditions as are required by the relevant Cat Dealer at its sole discretion;
     • (vi) the Construction Business entering into the Rental Contract must be able to comply with such terms and conditions and shall be responsible for complying with such terms and conditions and for any liability which accrues to it under or in connection with the Rental Contract;
     • (vii) Sponsor shall have no liability whatsoever under the Rental Contract to any of the Winner, the Construction Business, nor the relevant Cat Dealer except for the payment of the rental fee;
     • (viii) the Rental Contract is subject to availability. In the event that the specified model is not available within the relevant timeframe, an alternative rental contract of a comparable model may be considered at the discretion of Sponsor and of the relevant Cat Dealer. In the event of model substitution, all other qualifications, terms and conditions as relate to the Prize shall still apply;
     • (ix) the Sponsor shall make payment in the amount of the Prize value directly to the Cat Dealer with whom the Winner enters into the Rental Contract (subject to these Official Rules and in particular all eligibility requirements and the provision of the Affidavits and Releases).The maximum approximate retail value (“ARV”) of the Prize is $40,000 USD. This the maximum value that will be paid by Sponsor for the Rental Contract and the actual value of the Prize will vary depending on a range of factors pertaining to the specific Rental Contract entered into by the Winner including but not limited to the particular location and rental rates of the Cat Dealer with whom the Winner enters into the Rental Contract.
   • (b) The Winner (as defined below) and the Construction Businesses on whose behalf they entered are not entitled to any monetary difference between the actual Prize value and the maximum ARV set out above, if any. 
   • (c) The Prize is not redeemable for cash.
   • (d) The Prize must be accepted as awarded and cannot be 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.
   • (e) The Prize will be issued in the name of the Construction Business on whose behalf the Winner entered.
   • (f) The Prize will be delivered to the Winner as a certificate by electronic mail to the e-mail address provided by the Winner in their Entry (after the Winner has been successfully contacted and notified of their Prize and fulfilled the requirements set out in these Official Rules, including but not limited to the provision of the Affidavit and Release as defined below).
   • (g) The Sponsor shall not be responsible for delivery of the Prize to any alternative email address and to the attention of any person other than such person’s attention as identified by the Winner their Entry. The Sponsor shall also not be responsible for issuance of the Prize to any Construction Business other than that identified by the Winner in their Entry.
   • (h) The Sponsor shall not assume any liability for a lost, damaged or misdirected Prize.
   • (i) 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.
   • (j) THE WINNER AND THEIR ASSOCIATED CONSTRUCTION BUSINESS ARE SOLELY RESPONSIBLE FOR ANY AND ALL FEDERAL, STATE, PROVINCIAL OR LOCAL TAXES DUE ON THE PRIZE OR INCURRED AS A RESULT OF WINNING THE PRIZE.
   • (k) The ARV of the Prize based on information available to the Sponsor and the value of the Prize awarded may be reported for tax purposes where required by law. The  Winner and their associated Construction Business 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 Winner and their associated Construction Business may be required to co-operate with Sponsor by completing additional tax related documentation to be eligible to win.
7. Winner Selection and Notification, Affidavit and Release:
   • (a) One Entrant shall be selected by random draw on or about November 30, 2024, from the collective group of eligible Entrants in the Promotion, and subject to these Official Rules and after the satisfaction of the requirements set out in the remainder of this rule 6, shall be declared the Winner.
   • (b) Within five (5) days following the selection of an Entrant as set out above, they will be notified by the Sponsor by electronic mail and/or by telephone using the information provided on their 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 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 the same requirements, will be deemed a Winner. 
   • (c) Before being declared Winner, the Entrant selected in the random draw will be required to provide to Sponsor the following affidavits and releases (the “Affidavits and Releases”) in such reasonable form as Sponsor requires:
     • (i) an affidavit and release sworn by Entrant which confirms their: (i) eligibility for the Promotion 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 Promotion, participation in any Promotion-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; and (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.
     • (ii) an affidavit and release sworn by or on behalf of the Construction Business on whose behalf the Entrant entered the Promotion which confirms its or their: (i) eligibility for the Promotion 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 Promotion, participation in any Promotion-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; and (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 Sponsor the unrestricted right, in Sponsor's sole discretion, to produce, reproduce, publish, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use its trade name, trademark, and logo in any and all media now known or hereafter devised, in connection with the Promotion and exploitation thereof.
   • (d) The executed Affidavits and Releases 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 applicable Winner will forfeit the Prize and the next alternative eligible Entrant from the remaining eligible Entrants will be randomly selected and, subject to these Official Rules, will be deemed a Winner.
   • (e) The Entrant selected as the Winner shall win the Prize for the Construction Business of which they are an owner or employee and upon whose behalf they were authorized to enter, and the Prize must be issued to a Construction Business.
   • (f) The odds of winning the Prize depend upon the total number of eligible Entrants who submit an Entry in the Promotion.
8. Agreement to Official Rules: Participation in the Promotion constitutes each Entrant’s and their associated Construction Business’s full and unconditional agreement and acceptance of these Official Rules and any receipt of the Prize is conditional upon compliance with these Official Rules.
   
   
9. Terms and Conditions: 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, nor any associated Construction Business (excepting those communications which shall be sent by Sponsor as relate to the Promotion and as may be required by these Official Rules, or as otherwise consented to by the Entrant or Construction Business). 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) 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;
   • (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 any Web pages of the Sponsor or 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 the Promotion Website (or any other website) or for any other reason whatsoever;
   • (g) any injury or damage to Entrant’s or any Construction Business’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 Construction Business 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 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 or Construction Businesses, 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/s 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 may be posted on the Promotion Website.  Any individual’s or Construction Business’s use of robotic, automatic, scripted, programmed or similar entry methods will void all Entries by that individual or made on behalf of that Construction Business. The Sponsor reserves the right in its sole discretion to disqualify any Entry, Entrant or Construction Business 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, a Construction Business or any other individual to deliberately damage any phone service site, website, or otherwise 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 and their associated Construction Businesses 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. Entrants and their associated Construction Businesses agree to post content in accordance with and permit Sponsor’s use of any content posted by Entrant and / or the associated Construction Business to any social media platform in accordance with Sponsor’s Social Media and Photo and Video Terms & Conditions which are available at https://www.caterpillar.com/en/legal-notices/social-media-photo-video-terms-conditions.html.

10. Limitation of Liability / Publicity: By entering the Promotion, each Entrant and their associated Construction Business on whose behalf they are entering (a) acknowledges compliance with these Official Rules, including all eligibility requirements; (b) represents and warrants that Entrant is a current employee or owner of and are authorized to enter on behalf of a Construction Business; (c) agrees to be bound by the decisions of the Sponsor, which are final and binding in all respects; (d) agrees that the Sponsor has sole discretion to resolve any disputes as it sees fit; and (e) agrees that neither the Entrant nor the Construction Business, nor its or their 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 Prizes; (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 Prizes; (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.
    
    
11. Release/Indemnity: By participating in the Promotion, all Entrants and the associated Construction Business on whose behalf they are entering, agree to the fullest extent permitted by law 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 or Construction Business’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 TO THE FULLEST EXTENT PERMITTED BY LAW 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.  Each Entrant and their associated Construction Business 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 (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 Promotion (“Personal Information”) for the purposes of administering the Promotion 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 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/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) above. 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 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 and their associated Construction Business hereby consent 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^®, 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 Sponsor’s Website, any Facebook^® page, Instagram^® posts, and/or any messages on either of them, 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 Sponsor’s Website, any Facebook^® page, and/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 Sponsor’s Website, Facebook^® page, and/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.

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