Caterpillar Inc. may from time to time run Sweepstakes contests (each a “Promotion” and collectively “Promotions”) on its Instagram pages, which include https://www.instagram.com/catproducts, https://www.instagram.com/catconstruction and https://www.instagram.com/wearecaterpillar (collectively the “Instagram Pages” and each individually an “Instagram Page”).
NO PURCHASE NECESSARY TO ENTER THE PROMOTION OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO 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 AT LEAST THE AGE OF MAJORITY IN THEIR STATE 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. Promotion Sponsor: The Promotion is sponsored by Caterpillar Inc., 510 Lake Cook Road, Suite 100, Deerfield, Illinois 60015, IL (the “Sponsor” or “Caterpillar”). INSTAGRAM IS NOT A SPONSOR OF THIS PROMOTION AND THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
2. 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;
(b) be at least the age of majority in their state or district of residency; and
(c) have an Instagram account as of the beginning date of the Promotion.
Employees of Caterpillar and its 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.
3. How to Enter: There is no purchase necessary to enter the Promotion. To enter the Promotion, persons eligible to enter must follow Sponsor’s Instagram Page as indicated and respond to the Promotion offer posted by Sponsor on its relevant Instagram Page by “Tagging” “Liking,” “Commenting” or otherwise responding in the manner and time period set forth in the offer (the “Promotion Period”). The “Like,” or “Comment,” “Tag” or other required response must include all information required in the Promotion details. Limit one (1) entry per unique Instagram account and per person per Promotion. Any disputes regarding ownership of any Entry will be resolved by the Sponsor in its sole discretion. Entries generated by script, macro or other automated means are void, as are entries that are illegible, garbled, incomplete or that contain errors. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the sole property of the Sponsor. No other entry method will be accepted.
The “Like”, “Comment”, “Tag” or other required response by the Entrant as described above is referred to herein as an “Entry” and all such entries are collectively referred to as the “Entries”. All Entries must be made prior to the end of the Promotion Period after which time the Promotion will be closed and no further Entries shall be accepted. All persons that submit an Entry in accordance with these Official Rules shall be referred to as an “Entrant” or collectively as the “Entrants”.
Lost, late, incomplete, stolen, misdirected, corrupted or illegible Entries are void and will not be considered.
4. Prizes: The prize set forth in the Promotion will be the only prize made available for the Promotion (each a “Prize”). 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. 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. Winner is not entitled to any monetary difference between the actual Prize value and the stated approximate Prize value, if any. The Sponsor shall not assume any liability for the Prize if it is lost, damaged or misdirected. 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. 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. 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.
5. Winner Selection:
(a) The Entrant who will receive the Prize (“Winner”) will be selected through a random drawing from all eligible Entries received during the Promotion Period.
(b) The odds of winning depend upon the total number of eligible Entries received.
6. Winner Notification: The potential Winner will be notified via direct message through Instagram and will be required to provide Sponsor a valid email address. The Winner will then be contacted by email and may be required to complete and return an affidavit of eligibility/release of liability/publicity form within seventy-two (72) hours of attempted email notification. If the selected Entrant does not respond to email the notification within seventy-two (72); if the contact information provided is non-operative or non-operational; or if the selected Entrant is unwilling or unable comply with these Official Rules or to accept the Prize offered, the Prize will be forfeited and the next alternative Entrant will be randomly selected and deemed the Winner.
7. 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.
8. Identification of Winner: The name Winner will be posted on Sponsor’s relevant Instagram Page when available.
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. 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 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 and Instagram Page 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 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 on Sponsor’s relevant Instagram Page. 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, 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 either Instagram, 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 Instagram 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 Instagram 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.
11. Release Indemnity: By participating in the Promotion, all Entrants, including without limitation the Winner, agree to release and hold harmless Instagram, the Sponsor and its 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. Choice of Law/Dispute Resolution: (a) The laws of the State of Illinois, without giving effect to any choice of law or conflict rules, govern the Promotion and these Official Rules. All disputes, claims and controversies relating to or arising out of the Promotion, these Official Rules or the Prize (collectively, “Dispute”) will be resolved by binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures. The location of the arbitration will be Peoria, Illinois, United States of America. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, and that the parties are waiving the right to a trial by jury. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any award issued by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in accordance with applicable Laws in any court of competent jurisdiction.
14. Trademark/Copyright: Sponsor retains all intellectual property rights used on or in its social media pages. No license is granted for any further use of any intellectual property owned by Sponsor. All content is protected by U.S. and international copyright laws. Entrant shall not use content except as expressly permitted under these Official Rules. Sponsor reserves all rights not expressly granted herein.
15. 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.