CATERPILLAR WERISETOTHECHALLENGE.COM HAT GIVEAWAY
NO PURCHASE NECESSARY TO ENTER PROMOTION. HAT GIVEAWAY IS ON A FIRST COME, FIRST SERVE BASIS. 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 US TERRITORIES AND POSSESSIONS) AND CANADA (EXCLUDING RESIDENTS OF THE PROVINCE OF QUEBEC). US RESIDENTS MUST BE 18 YEARS OF AGE OR OLDER (OR PARTICIPATING WITH THEIR LEGAL GUARDIAN’S CONSENT) AND ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE US TERRITORIES AND POSSESSIONS); CANADIAN RESIDENTS MUST BE THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN CANADA (EXCLUDING THE PROVINCE OF QUEBEC). THIS PROMOTION IS VOID IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE US TERRITORIES AND POSSESSIONS AND THE PROVINCE OF QUEBEC AS WELL AS WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION. THIS PROMOTION IS SUBJECT TO ALL FEDERAL, STATE, PROVINCIAL, LOCAL AND MUNICIPAL LAWS. THE LAWS OF THE STATE OF ILLINOIS GOVERN THIS PROMOTION.
- NO PURCHASE NECESSARY TO ENTER PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF RECEIVING A HAT. HATS ARE GIVEN ON A FIRST COME, FIRST SERVE BASIS.
- Promotion Sponsor: The Caterpillar WeRiseToTheChallenge.com Hat Giveaway (the "Promotion") is sponsored by Caterpillar Inc. 100 NE Adams St., Peoria, IL (the "Sponsor" or "Caterpillar"). Paramount Pictures Corporation ("Paramount") is not responsible for the collection or processing of entries or the fulfillment of hats.
- Who Can Enter: To be eligible to participate in the Promotion, an individual must:
- be a legal resident of: (i) one of the fifty (50) United States (excluding residents of Florida, New York, Rhode Island, Puerto Rico, and the US Territories and Possessions), (ii) the District of Columbia or (iii) Canada (excluding the province of Quebec);
- be 18 years of age or older (in respect of United States residents) or be of the age of majority or older in the province or territory of residence (in respect of Canadian residents) as that term is defined in your place of residence.
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 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, provincial and municipal laws. The law of the State of Illinois governs this Promotion.
- How to Enter:
- There is no purchase necessary to enter the Promotion. To enter this Promotion, persons eligible to enter the Promotion are to log on to WeRiseToTheChallenge.com (the "Promotion Website") and shall complete the Promotion entry form with the Entrant's full legal name, complete mailing address, e-mail address, daytime telephone number, subscribe to the WeRiseToTheChallenge.com newsletter, complete of at least one of two questions concerning interest in Caterpillar products, and such additional information requested by the entry form on the Promotion Website. If the Entrant has a promotional code, such code must be entered with 100% accuracy or the entry form will be void. The entry form submitted and selection of the submission button after login by the Entrant as described above is referred to herein as an "Entry" and all such entries are collectively referred to as the "Entries". Each Entry will be submitted via the Promotion Website. The Entries must be submitted between 5:00:01 p.m. CT on June 21, 2017 until such time as the Hats (defined below) have been awarded (the "Promotion Period") after which time the Promotion will be closed and no further Entries shall be accepted. Any person who desires to submit an Entry must provide all information required by these Official Rules in order to have his/her Entry entered into the Promotion. Each Entrant must also consent to, and abide by these Official Rules that the Entrant will be prompted to review at the time of submission of his/her Entry. All persons that submit an Entry in accordance with these Official Rules shall be referred to as an "Entrant" or collectively as the "Entrants".
- As indicated below, each Hat will be awarded to one (1) Entrant per Entry. No more than one (1) Hat will be awarded to the same Entrant regardless of the number of Entries that have been submitted by the same Entrant.
- All Entries become the sole property of the Sponsor and none will be returned for any reason.
- Lost, late, incomplete, inaccurate, stolen, misdirected, corrupted or illegible Entries are void and will not be considered. Any disputes regarding ownership of any Entry will be resolved by the Sponsor in its sole discretion.
- Limit of one (1) Entry per person during the Promotion Period.
- Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the Entry. For the purpose of these Official Rules, "authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected Entrant may be required to provide the Sponsor with proof that the selected Entrant is the authorized account holder of the e-mail address associated with the winning entry.
- There will be Seven Thousand (7,000) hats (each a "Hat" and collectively the "Hats") available to be distributed to Entrants. Each Hat has an approximate value of $5.24 USD.
- The aggregate approximate value of all the Hats to be awarded through the Promotion is Thirty Six Thousand Six Hundred Eighty and 00/100 Dollars ($36,680.00).
- Entrants and winners are not entitled to any monetary difference between the actual Hat value and the stated approximate Hat value, if any.
- Each Hat will be delivered to the respective Entrant, by a courier selected by the Sponsor, to the address and to the attention of the Entrant as provided in the Entry, within sixty (60) days of the notification to Entrant of an accepted Entry.
- The Sponsor shall not be responsible for delivery of any Hat to any location other than to the location and to such person’s attention as are identified by the Entrant in the Entry submitted.
- Each Entrant must comply with these Official Rules.
- The Hat 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 Hat of equal or greater value if the Hat (or any portion thereof) cannot be awarded for any reason.
- The Sponsor shall not assume any liability for a lost, damaged or misdirected Hat.
- The Sponsor shall not be liable for any Hat that is prohibited from being provided due to unforeseen circumstances including, but not limited to, acts of God beyond Sponsor’s reasonable control.
- The Sponsor shall not be responsible for any Hat lost by any delivery method selected by the Sponsor to deliver any portion of he Hat including, but not limited to, delivering any portion of the Hat to the incorrect address or location.
- EACH ENTRANT WINNER IS SOLELY RESPONSIBLE FOR ANY AND ALL FEDERAL, STATE OR LOCAL TAXES DUE ON THE HAT OR INCURRED AS A RESULT OF BEING PROVIDED A HAT.
- Hat Distribution:
- Hats will be distributed on a first come, first serve basis in chronological order from all eligible Entries received during the Promotion Period.
- Each Entrant will only be provided one (1) Hat regardless of the number of Entries submitted by said Entrant. In the event an Entrant is provided a Hat, all remaining Entries submitted on behalf of the same Entrant shall be rendered void and ineligible.
- No more than the stated number of Hats will be provided.
- The odds of receiving a Hat depend upon the total number of Entrants who submit an Entry in the Promotion and the timing of each Entrant’s Entry.
- Entrant Notification: Each Entrant will be notified of an accepted Entry immediately after submission of the Promotion entry form. If the contact information provided is non-operative or non-operational; or if the selected Entrant is unwilling or unable to accept the Hat offered, the Hat will be forfeited and the next alternative Entrant will be selected and provided a Hat.
- Agreement to Official Rules: Participation in the Promotion constitutes the Entrant’s full and unconditional agreement and acceptance of these Official Rules. Receiving a Hat is contingent upon fulfilling all requirements set forth herein.
- 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. 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. No correspondence will be entered into by the Sponsor and any Entrant. The Sponsor, Paramount, and each of their 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 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.
- 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, Hat 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, including without limitation Simantel, attorneys, Hat providers and affiliated entities: (i) make no warranty, guaranty or representation of any kind concerning any Hat; (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 Hat; (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 Hat. By accepting a Hat, 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.
- 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 (collectively, the "Releases") 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 any Hat, 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 Releases from any and all claims by third parties relating to the Promotion, without limitation.
- 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 Hat(s) 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: Simantel and its subsidiaries, are not sponsors of this Promotion and therefore are not responsible for providing any Hat to be awarded.
- 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, Instagram® account, or any Twitter messages, 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, Instagram® account, or Twitter messages. 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., Canadian, 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.
© 2017 Caterpillar, Inc. All Rights Reserved
Motion Picture Artwork © 2017 Paramount Pictures. All Rights Reserved. HASBRO TRANSFORMERS and all related characters are trademarks of Hasbro. ©2017 HASBRO. All Rights Reserved.