Big Ticket Giveaway Terms & Conditions
CAT® BIG TICKET GIVEAWAY OFFICIAL RULES
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.
- NO PURCHASE NECESSARY TO ENTER OR WIN THE PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
- Promotion Sponsor: The Cat® Big Ticket Giveaway (the “Promotion”) is sponsored by Caterpillar Inc., 5205 N. O’Connor Boulevard, Suite 100, Irving, Texas 75039 (“Sponsor” or “Caterpillar”). FACEBOOK®, INSTAGRAM®, LEGO®, AND CONEXPO, ITS PARTNERS AND SPONSORING ORGANIZATIONS ARE NOT SPONSORS OF THIS PROMOTION.
- The Promotion: The Promotion has two parts: (1) an opportunity to win one (1) of three thousand five hundred (3,500) Caterpillar hats (the “Hat Giveaway”); and (2) a drawing to win: (a) one (1) of five (5) LEGO® D11 Bulldozer Kits, or (b) one (1) Caterpillar 301.8 Mini Excavator and Customer Value Agreement (the “Sweepstakes”).
- Who Can Enter:
- To be eligible to participate in the Hat Giveaway, an individual must possess a ConExpo CON/AGG 2023 identification badge (a “Badge”) registered under the participating individual’s name (each a “Badge Holder”).
- To be eligible to participate in the Sweepstakes, an individual must:
- be a Badge Holder;
- 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;
- be at least the age of majority in their state or district of residency; and
- 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 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”).
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. 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 win the Grand Prize or a Lego Kit.
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.
- How to Enter:
- There is no purchase necessary to enter or win the Promotion.
- To enter this Promotion, a Badge Holder must scan his or her Badge at five (5) of the eight (9) participating Caterpillar kiosks at ConExpo CON/AGG 2023 and consent to these Cat® Big Ticket Giveaway Official Rules (the “Official Rules”) when prompted to do so.
- By consenting to these Official Rules, the Badge Holder is consenting to the Sponsor obtaining all personal information concerning the eligible person required to enter this Promotion including, but not limited to, such person’s full legal name, complete mailing address, e-mail address, employer and daytime telephone number associated with the Badge.
- Upon the Badge Holder’s completion of the five (5) required scans and consent to these Official Rules, the eligible person’s personal data obtained from the Badge will serve as his/her entry into the Promotion (each is referred to herein as an “Entry” and all such entries are collectively referred to as the “Entries”). Each eligible individual who successfully completes an Entry shall be referred to herein as an “Entrant” and all such entrants will collectively be referred to as the “Entrants.”
- The five (5) Badge scans required to satisfy the entry process must be completed between 9:00:01 a.m. Pacific Time on Tuesday, March 14, 2023 and 2:59:59 p.m. Pacific Time on Saturday, March 18, 2023 (the “Promotion Period”) after which time the Promotion will be closed and no further Entries shall be accepted.
- 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.
- Any disputes regarding the validity of any Entry will be resolved by the Sponsor in its sole discretion.
- Late, incomplete, inaccurate, misdirected, corrupted or fraudulent Entries are void and will not be considered.
- All Entries must be submitted during the Promotion Period.
- Limit of one (1) Entry per person.
- Entries received shall be deemed to be submitted by the person associated with the Badge scanned at the requisite kiosks. The selected Entrant may be required to provide the Sponsor with proof that the selected Entrant is the authorized Badge Holder associated with the winning Entry.
- Sponsor shall not be responsible or in any way liable to any Badge Holder for any failure or malfunction of Sponsor’s badge readers or other equipment used to scan, collect and verify Entries.
- There is no purchase necessary to enter or win the Promotion.
- Prizes to be Awarded:
- The prizes (each a “Prize” and collectively the “Prizes”) available to be won in the Promotion are:
- One (1) Caterpillar 301.8 Mini Excavator with an approximate value of Fifty-Five Thousand Three Hundred and 00/100 U.S. Dollars ($55,300.00) and a two (2) year/1,000 hour Caterpillar Convenience Customer Value Agreement with an approximate value of One Thousand Four Hundred and 00/100 U.S. Dollars ($1,400.00) (the “Grand Prize”).
- Five (5) LEGO® Technic App-Controlled Cat D11 Bulldozer 42131 with an approximate value of Five Hundred and 00/100 U.S. Dollars ($500.00) (the “Lego Kits”).
- Three thousand (3,000) Caterpillar trademark baseball caps (each a “Caterpillar Hat”) with an approximate value of Twelve and 99/100 U.S. Dollars ($12.99).
- From the collective group of eligible Entrants that successfully enter the Promotion, there will be one (1) winner of the Grand Prize (winning on behalf of a Construction Business as described in Section 6(d) below), five (5) winners of a Lego Kit, and three thousand (3,000) winners of a Caterpillar Hat (each a “Winner” and collectively the “Winners”).
- The total aggregate approximate value of all the Prizes being awarded in this Promotion is Ninety-Eight Thousand Two Hundred and 00/100 U.S. Dollars ($98,200.00). The total aggregate approximate value of the Grand Prize is Fifty-Six Thousand Seven Hundred and 00/100 U.S. Dollars ($56,700.00). The total aggregate approximate value of the Lego Kits is Two Thousand Five Hundred and 00/100 U.S. Dollars ($2,500.00). The total aggregate approximate value of the Caterpillar Hats is Thirty-Nine Thousand and 00/100 U.S. Dollars ($39,000.00).
- A Prize may only be won by an eligible Entrant who successfully enters the Promotion or the Construction Business affiliated with said Entrant.
- Winners are not entitled to any monetary difference between the actual Prize value and the stated approximate Prize value, if any.
- The Prizes are not redeemable for cash.
- 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.
- THE WINNER IS 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.
- The prizes (each a “Prize” and collectively the “Prizes”) available to be won in the Promotion are:
- Winner Selection:
- To win a Caterpillar Hat in the Hat Giveaway, the eligible Entrant must be one (1) of the first three thousand (3,500) eligible Entrants to present themselves at the Sponsor’s designated booth to collect a Caterpillar Hat. Caterpillar Hats will be awarded on a first-come, first-served basis and while stocks last.
- It is the responsibility of each eligible Entrant to collect a Caterpillar Hat from the Sponsor’s designated booth at ConExpo CON/AGG 2023 prior to 2:59:59 p.m. Pacific Time on Saturday, March 18, 2023 (the “Collection Deadline”). Any eligible Entrant who does not collect his or her Prize before the Collection Deadline will be deemed to have forfeited said prize. The Sponsor shall not be responsible in anyway for any uncollected or unclaimed Prizes in the Hat Giveaway.
- An eligible Entrant may only win one (1) Caterpillar Hat in the Hat Giveaway, but subject to his/her eligibility for the Sweepstakes, may also win the Grand Prize or a Lego Kit.
- From the collective group of eligible Entrants in the Sweepstakes, there shall be selected: (i) one (1) Winner of the Grand Prize; and (ii) five (5) Winners of the Lego Kits. The Entrant selected as the Winner of the Grand Prize shall win the Grand Prize for the Construction Business of which said Entrant is an owner or employee.
- The Grand Prize must be issued to a Construction Business.
- The Winners of the Grand Prize and Lego Kits will be selected by a random drawing from all eligible Entrants on or about March 31, 2023, subject to these Official Rules. The odds of winning the Grand Prize or a Lego Kit depend upon the total number of eligible Entrants who submit an Entry in the Sweepstakes.
- Before being declared a Winner of the Grand Prize, the Winner will be required to execute an affidavit and release (the “Affidavit and Release”) that confirms said Winner’s: (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; (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. The executed Affidavit and Release 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.
- The Lego Kits will be delivered to the applicable Winners by regular mail or via alternate means chosen by the Sponsor to the address provided by the Winner in his/her Entry after the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set forth herein.
- The Grand Prize will be delivered to the business address of the Construction Business affiliated with the Winner, as verified by Sponsor, after the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set forth herein.
- The Sponsor shall not assume any liability for any Prize becoming lost, damaged or misdirected.
- The Sponsor shall not be liable if any Prize is prevented from being provided due to unforeseen circumstances including, but not limited to, acts of God beyond Sponsor’s reasonable control.
- Winner Notification: Within five (5) days following the selection of the Winners in the Sweepstakes, each such Winner will be notified by the Sponsor by electronic mail and/or by telephone using the information provided on his/her 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 these Official Rules, will be deemed a Winner.
- Agreement to Official Rules: Participation in the Promotion constitutes each Entrant’s full and unconditional agreement and acceptance of these Official Rules. Receiving a Prize is contingent upon fulfilling all requirements set forth herein.
- 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. 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 Website or for any other reason whatsoever; (g) any injury or damage to 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 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 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 may be posted at the Sponsor’s designated booth or on the Sponsor’s website, which can be found at the following link: cat.com/bigticket (the “Sponsor’s 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, Web site, Badge 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.
- 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 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 Prizes. 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.
- 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. Each Entrant further agrees to fully indemnify the Releasees from any and all claims by third parties relating to the Promotion, without limitation.
- 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) authorizes Sponsor to send to the Entrant additional promotional correspondence, subject to a right to “opt out” and cease all future correspondence; 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 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 visit: caterpillar.com/en/legal-notices.html
- 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.
- 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.
- Trademark/Copyright: All Content on the Sponsor’s Website, any Facebook® page, Instagram® posts, or any Twitter® messages (or “tweets”), 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, 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 Sponsor’s Website, Facebook® page, or Twitter® messages, Instagram® posts, and/or LinkedIn® shares or 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.
- 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.