TERMS & CONDITIONS

Caterpillar Inc.

#MyIconicCat

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. YOU HAVE NOT YET WON. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS CONTEST IS GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE. OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE AFRICA, EUROPE, AND MIDDLE EAST REGIONS AS DETERMINED BY SPONSOR. VOID WHERE PROHIBITED. THIS CONTEST IS NOT A SWEEPSTAKES. OTHER RESTRICTIONS APPLY.

SPONSOR: This contest is sponsored by Caterpillar Inc. (“Sponsor”).

ELIGIBILITY: This contest is open only to persons who post an original photo in accordance with the below-written rules, and who are at least 18 years old as of the date of entry and are residents of and located in the Africa, Europe, and Middle East regions (as determined by Sponsor) at the time of entry.

Officers, directors, and employees of Sponsor 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 Contest.

ENTRY PERIOD: This contest begins on September 22, 2023, and ends October 20, 2023 (the “Entry Period”). Entries received after the Entry Period will be disqualified.

HOW TO ENTER:

Entries can be taken with any camera and must feature both a Cat® machine & the landmark (natural or manmade, small or big, international or very local, they all count!)

Entries must be an original work of the entrant and must not violate any other person’s or entity’s copyright, trademark, moral rights, any other intellectual property rights, or rights of privacy. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS OR HER ENTRY MAY BE POSTED ON THE SPONSOR’S WEBSITE AND SOCIAL MEDIA PAGES, IN THE SPONSOR’S DISCRETION.

Limited post-processing images is allowed, which shall only include minor adjustments to exposure, contrast, or cropping. No other photo manipulation is allowed, including but not limited to removing, adding, reversing, or distorting subjects within the frame. Images created by artificial intelligence are not permitted and will be considered a violation of these Official Rules.

Photos can be posted in the comments on this post or simply by using the hashtags #MyIconicCat when posting on the Authorized Account Holder’s social pages on either the Facebook or Instagram platforms.

The Authorized Account Holder of said social media account at the time of entry will be considered the entrant and he or she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person assigned the account by Meta for Facebook and Instagram accounts. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process. The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Promotion. This promotion is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram, or Meta.

Entries must be submitted by October 20, 2023. When sharing a photo, comment about what you love about your Cat® machine and in which city and country the photo was taken. Submissions will not be accepted once the deadline lapses.

JUDGING AND WINNER SELECTION:

All entries received during the Contest Period will be eligible for judging. The selection of a potential winner is not random. Sponsor will select the twelve (12) best photos. The final decision for the top three (3) winners will be selected by the general public! Sponsor will post the final twelve (12) photos on cat.com,  and the general public will be asked to vote for its favorite ones until November 16, 2023.

The twelve (12) finalists will be contacted via the message feature on the social media platform they used to submit their photo, and will be asked to provide Sponsor with the highest definition version of their photo.

The top twelve (12) will be used to create a 2024 Caterpillar Calendar, each month featuring one of the photos, and a digital version of the 2024 Caterpillar Calendar will be made available publicly displayed online. The top three (3) photos will also be reprinted in large format and displayed at Caterpillar’s Malaga Demonstration & Learning Center, which is host to over 300 events every year and welcomes thousands of Sponsor’s customers & representatives.

Top three (3) winners will be announced on November 20, 2023 and posted on Sponsor’s global Facebook and Instagram accounts. Sponsor’s (or its designated agents’) decisions are final in all matters relating to the contest.

Entry cannot be sexually explicit or suggestive, profane, or pornographic; contain nudity, unnecessarily violent, or any materially dangerous activity; and cannot be derogatory of any ethnic, racial, gender, religious, professional, or age group. Entry cannot be obscene or offensive, or endorse any form of hate or hate group. Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.

Entry cannot defame, misrepresent, or contain disparaging remarks about Sponsor or its products or services, or other people, products, or companies. Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.

Entry cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind without permission , or contain any personal identification, such as license plate numbers, personal names, e-mail addresses, or street addresses. Entry cannot infringe copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media); Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the contest. No background artwork should appear in an entry unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in entries must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein. Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission. Neither these Official Rules nor entry in this contest entitles entrant to any rights to any of Sponsor’s intellectual property, including but not limited to use of any Sponsor’s trademarks.

Entries posted to the Sponsor’s website and/or social media accounts were not edited by sponsor and are the views/opinions of the individual entrant and do not reflect the views of the sponsor in any manner.

GENERAL CONDITIONS:

By entering, the entrant acknowledges that the Sponsor has no obligation to use or post any entry submitted. Any waiver of any obligation hereunder by the Sponsor does not constitute a general waiver of any obligation to entrants. The Sponsor reserves the right to waive the content submission requirements set forth herein in its reasonable discretion. The Sponsor reserves the right, in its discretion, during or upon completion of the Entry Period, to request that any entrant resubmit his or her Entry which fails to comply with the content submission requirements prior to any judging. By submitting an entry, the entrant agrees that his or her submission is gratuitous and made without restriction, and will not place the Sponsor under any obligation, that the Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. The entrant acknowledges that, by acceptance of his or her submission, the Sponsor does not waive any rights to use similar or related ideas previously known to the Sponsor, or developed by its employees, or obtained from sources other than the entrant.

By submitting an entry, the entrant warrants and represents that the entry: (a) is an original work of the entrant, and (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and that publication of the entry via various media including the Sponsor’s website, will not infringe on the rights of any third party. All entrants will indemnify and hold harmless Sponsor from any claims to the contrary. Any entrant whose entry includes elements not owned by the entrant (such as, but not limited to, depictions of buildings, trademarks, or logos) must be able to provide legal releases for such use including the Sponsor’s use of such entry, in a form satisfactory to the Sponsor.

In this photo contest we will be collecting your submitted pictures and associated account name. This information will be used to contact you if your picture is selected. Entrant hereby authorizes Caterpillar Inc., its subsidiaries, designees, licensees, and affiliates (collectively “Sponsor and its affiliates”), without restriction to use and publish entrant’s photos, use entrant’s name in press releases or in other written or electronic media, and use entrant’s first and last name with any of the preceding. Entrant understands that he/she has the right to revoke the permission granted by these Official Rules by sending written notice to the contact person at Sponsor or its affiliates listed below; however, Sponsor’s right to continue using Permitted Materials (defined as your name, image, likeness, voice, social media name/handle, and photo entry) in the manner in which they are being used at the time permission is revoked will remain unaffected and may continue at Sponsor’s sole discretion. By entering the Contest, entrant acknowledges that he/she forever waives all past, present, and future compensation rights, publicity rights, or other interests that entrant may have in or relating to the Permitted Materials. Entrant represents that he/she has the capacity to enter into the Contest and that entrant has read these Official Rules fully and understand its terms. Entrant represents that the rights entrant has granted in these Official Rules will not conflict with or violate any commitment or understanding entrant has with any other person or entity.  For additional information about Sponsor’s privacy practices, including corporate contact information, please see the Global Privacy Statement at http://www.caterpillar.com/dataprivacy.

Entries not submitted through the proper channel that do not meet the requirements set forth in these Official Rules may not be acknowledged and may be automatically disqualified, in the sole discretion of the Sponsor. Violators of any terms or conditions will be removed from the contest, and may be banned from entering future contests.

GRANT OF RIGHTS: SUBMISSION OF AN ENTRY GRANTS THE SPONSOR AND ITS WHOLLY-OWNED SUBSIDIARIES, AND THEIR AFFILIATES, LICENSEES, AGENTS, AND DESIGNEES A ROYALTY-FREE, UNLIMITED, WORLDWIDE, PERPETUAL, FULLY SUBLICENSABLE, AND TRANSFERABLE RIGHT AND LICENSE TO PUBLISH, REPRODUCE, USE, PUBLICLY PERFORM, PUBLICLY DISPLAY, AND PUBLICLY DISTRIBUTE ANY PHOTO ENTERED INTO THIS CONTEST BY THE ENTRANT, AND TO PREPARE DERIVATIVE WORKS BASED UPON THE PHOTO ENTRY.SUCH GRANTS OF RIGHTS AND LICENSE MAY BE USED IN ANY WAY, FOR ANY REASON, IN ANY AND ALL MEDIA FORMS, WITHOUT LIMITATION, INCLUDING, BUT NOT LIMITED TO ADVERTISING AND COMMERCIAL PUROSES, ALL WITHOUT ANY CONSIDERATION TO THE ENTRANT.

RELEASE: Entrants understand that the Sponsor, Facebook, Instagram and/or Meta are not liable for losses or damages of any kind arising from participation in this contest or acceptance of the prize. By participating and winning a prize, the winners release the Sponsor, Facebook, Instagram and/or Meta and their parents, affiliates, subsidiaries, and agencies and their respective directors, officers, employees, and agents from any and all liability with respect to the prize won and participation in the contest.

APPLICABLE LAW AND DISPUTES: This contest is subject to all applicable U.S. federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules shall be governed by the laws of the State of Delaware, without regard to any principles of conflict of laws. All disputes arising out of or connected with this contest will be resolved individually, and without resort to class action, exclusively by a state or federal court having situs in Wilmington, Delaware. Each entrant irrevocably consents to the jurisdiction of such court in connection with any such dispute. The Sponsor is not liable for any consequential, indirect, exemplary, or punitive damages, or for attorneys’ fees.

RESERVATION OF RIGHTS: Sponsor reserves the right to reject any entry if, in Sponsor’s sole discretion, the laws of an applicable jurisdiction, including but not limited to the entrant’s jurisdiction of residence at the time of entry, would prohibit or limit Sponsor from proceeding with the Contest as intended or would impose additional administrative, tax, operational, or legal burdens on Sponsor.

Furthermore, Specially Designated Nationals and anyone sanctioned (directly or indirectly) by the U.S. Treasury Office of Foreign Assets Control (OFAC) sanctions are ineligible to enter the Contest.