2023 CAT^® MILLION MILER GIVEAWAY

NO PURCHASE NECESSARY TO ENTER GIVEAWAY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF RECEIVING A GIFT. OPEN TO ALL LEGAL RESIDENTS OF CANADA (EXCLUDING QUEBEC), THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF AND THOSE LOCATED IN PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS). CANADIAN AND U.S. RESIDENTS MUST BE 18 YEARS OF AGE OR OLDER AND PHYSICALLY LOCATED AND RESIDE THERE (EXCLUDING RESIDENTS OF OR THOSE LOCATED IN QUEBEC, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS). THIS GIVEAWAY IS VOID IN QUEBEC, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS AS WELL AS WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION. THIS GIVEAWAY IS SUBJECT TO ALL FEDERAL, STATE, PROVINCIAL, LOCAL AND MUNICIPAL LAWS. THE LAWS OF THE STATE OF ILLINOIS GOVERN THE TERMS OF THIS GIVEAWAY.

1. NO PURCHASE NECESSARY TO ENTER GIVEAWAY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF RECEIVING A GIFT.
   
   
2. Giveaway Sponsor: The 2023 Cat^® Gift Giveaway (the “Giveaway”) is sponsored by Caterpillar Inc., 5205 N. O’Connor Blvd., Suite 1100, Irving, Texas, 75039 (“Sponsor” or “Caterpillar”).    
   
   
3. Who Can Enter: To be eligible to participate in the Giveaway, an individual must:
   
   
   • a.) be a legal resident of and physically located in: (i) one of the fifty (50) United States (excluding residents of or those located in Puerto Rico, and the U.S. Territories and Possessions), (ii) the District of Columbia, or (iii) Canada (excluding Quebec);
   • b.) be 18 years of age or older;
   • c.) have already been an owner or operator of the on-highway truck engine with the qualifying mileage prior to the Giveaway Period;
   • d.) be able to demonstrate that the truck meets the Mileage Qualification below; and
   • e.) not have previously received recognition for the same or equivalent Tier.

   In addition to the above requirements, eligibility is further defined by Tiers, as follows:
    

   Tier	Mileage Qualification	Prior Recognition Qualification
   1	Engine showing at least 1,000,000 miles during the Giveaway Period	No prior recognition related to this engine as a Million-Miler or above.
   2	Engine showing at least 2,000,000 miles during the Giveaway Period	No prior recognition related to this engine as a Two-Million-Miler or above
   3	Engine showing at least 3,000,000 miles during the Giveaway Period	No prior recognition related to this engine as a Three-Million-Miler

   
   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 Giveaway.

   The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Giveaway. Failure to provide such proof may result in disqualification. No mileage qualification is final until confirmed by an authorized Cat dealer after its direct inspection of the engine’s Electronic Control Module. All personal and other information requested by, and supplied to, the Sponsor for the purpose of the Giveaway must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any Customer should such a Customer at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. The Giveaway is subject to all federal, provincial, state, local, and municipal laws. The law of the State of Illinois governs this Giveaway.

   
   
4. How to Enter Giveaway:
   
   
   • a.) During the period of June 1, 2023 through and including December 31, 2023 (the “Giveaway Period”) the first 33 Customers (as defined below) (within which group shall be no more than the maximum number of Customers indicated in the table below for Rhode Island, Florida, and New York), or such other number of Customers as determined by Sponsor in its sole and absolute discretion, who complete the an online or paper application at  (the "Application") will be given a Cat gift; provided, however, the Giveaway Period shall be deemed to end when the Sponsor determines that the maximum number of Customers (or such other number as determined by the Sponsor in its sole discretion) has completed said online form with valid information. Customer is defined as a participant who meets all eligibility requirements, with customer location being determined by physical location and residential address (in the case of a natural person) or principal business address (in the case of a legal entity).
     
     

     Maximum Number of Customers, per tier, in Rhode Island, Florida, and New York, which may not be raised by Customer in its sole discretion:
     	Rhode Island	Florida	New York
     Tier 1	20	20	20
     Tier 2	10	10	10
     Tier 3	3	3	3

   
   
   • b.) In the event one or more representatives complete the Application on behalf of the same legal entity, the legal entity shall be deemed the sole Customer rather than each registered representative being deemed a separate Customer.
     
     
   • c.) All electronic communications sent to Customer by Sponsor or anyone acting on behalf of Sponsor, shall include an "opt out" link which, upon execution and confirmation from the Customer, will remove Customer from future marketing communications from Sponsor via e-mail, U.S. Postage Service or other methods.
     
     
   • d.) All communications, registration forms, purchase orders and other information sent to Sponsor from a Customer become the sole property of Sponsor and will not be returned for any reason. Customer's completion of the online form, shall constitute said Customer’s consent and agreement to these Terms and Conditions.
      
5. Value of Gift:
   
   
   • a.) Each gift is specific to the Tier of the Customer, as follows:
     
     

     Tier	Gift (combined items for a given Tier are a single gift)	Value
     1	Certificate, jacket, hat, 1 Million Miler patch, and emblem	$83
     2	Certificate, 2 Million Miler patch, tumbler, watch, and Cat shirt	$180
     3	Certificate, 3 Million Miler patch, and Cat cooler	$250

     
     The aggregate value of all gifts given away is dependent upon the number of Customers, who complete an Application with valid information, but in no event will the aggregate value exceed $513.
     
     
   • b.) All gifts will be delivered to Customers by regular mail to the address provided by each Customer during the completion of the Application, with the cost of said delivery to be paid by Sponsor.
     
     
   • c.) Sponsor shall not be responsible for delivery of any gift to any location other than the location provided by Customer on the Application.
     
     
   • d.) One gift will be provided to each Customer that completes the Application in accordance with Section 4, while supplies last.
     
     
   • e.) Sponsor shall not assume any liability for lost, damaged or misdirected gifts.
     
     
   • f.) Sponsor shall not be liable in the event gifts given away are prohibited from being provided due to unforeseen circumstances including, but not limited to, acts of God beyond Sponsor’s reasonable control.
     
     
   • g.) Sponsor shall not be responsible for any gifts lost by any delivery method selected by Sponsor including, but not limited to, delivering the gifts to the incorrect address or location.
     
     
   • h.) Except such taxes and fees that Sponsor arranges to voluntarily pay in its sole discretion, each Customer is solely responsible for any and all federal, state or local taxes due as a result of receiving a gift.
     
     
   • i.) The values listed in these Official Terms and Conditions are all in U.S. Dollars.
      
6. Agreement to Official Terms and Conditions: Completion of the above referenced Application constitutes Customer's full and unconditional agreement and acceptance of these Official Terms and Conditions. Receiving a gift is contingent upon acceptance of these Official Terms and Conditions as well as upon fulfilling all requirements set forth herein.
   
   
7. Terms and Conditions: All information, registrations and communications from each Customer delivered to Sponsor (collectively the "Submission") become the exclusive property of Sponsor and will not be returned or acknowledged. This Giveaway is subject to all federal, state, provincial and local laws and regulations. The invalidity or unenforceability of any provision of these Official Terms and Conditions shall not affect the validity or enforceability of any other provision. No correspondence regarding the Giveaway will be entered into by Sponsor and any Customer, other than as described herein. Sponsor, its parents, subsidiaries, limited liability or affiliated companies, any of their respective employees, shareholders, directors, officers, members, personnel, agents, assigns and advertising and promotional agencies, including without limitation Simantel Group, Ltd. ("Simantel"), shall not be responsible for: (1) 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 Sponsor's website; (5) theft, tampering, destruction, or unauthorized access to, or alteration of, information submitted via Sponsor's website; (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 website or for any other reason whatsoever; or (7) any injury or damage to Customer’s or any other person’s computer relating to or resulting from participation in this Giveaway. If for any reason this Giveaway is not capable of being conducted as planned; or if this Giveaway 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 Giveaway and/or processing of submissions in accordance with these Official Terms and Conditions for any reason; or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by Customers, fraud, technical failures, or any other causes, in the sole opinion of Sponsor, corrupts or affects the administration, security, integrity or proper conduct of this Giveaway, 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 Giveaway, or any portion thereof, without obligation for further action. If such cancellation, termination, modification or suspension of this Giveaway occurs, notification will be posted at Sponsor's website. Any individual’s use of robotic, automatic, scripted, programmed or similar entry methods will void all submissions via the Application by that individual. Sponsor reserves the right in its sole discretion to disqualify Customer that it deems to have violated or attempted to violate any of these Official Terms and Conditions or attempt to interfere with the Giveaway in any manner. Any attempt by a Customer or any other individual to deliberately damage any phone service site or website or undermine the legitimate operation of this Giveaway is a violation of criminal and/or civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Terms and Conditions shall not constitute a waiver of that provision.
   
   
8. Limitation of Liability / Publicity: By entering the Giveaway, each Customer (i) acknowledges compliance with these Official Terms and Conditions; (ii) agrees to be bound by the decisions of Sponsor, which are final and binding in all respects; (iii) agrees that Sponsor has sole discretion to resolve any disputes as it sees fit; and (iv) agrees that neither the Customer nor his/her/its heirs, successors or assigns will assert any claim related to damages, losses or injuries against either Sponsor or its related corporations, parents, subsidiaries, franchisees, advertising or promotion agencies, including without limitation Simantel, attorneys, gift suppliers 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, successors and assigns. Sponsor and its related corporations, parents, subsidiaries, limited liability and affiliate companies, franchisees, advertising and promotion agencies, including without limitation Simantel, attorneys, gift suppliers, providers and affiliated entities: (i) make no warranty, guaranty or representation of any kind concerning any gifts or its intended use; (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 Giveaway or acceptance and/or use of any gift; (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 Sponsor or a third party, and regardless of whether the material is connected to Sponsor's website by a hypertext link; and (v) disclaim any liability for either for the termination, suspension or modification of the Giveaway for any reason or through the acts or defaults of any company or person supplying the gifts. By accepting a gift, each Customer consents to future communications being sent to said Customer, subject to said Customer's right to "opt out" and cease all future communications, without further notice or compensation, to the extent permitted by law.
   
   
9. Release/Indemnity: By participating in the Giveaway, all Customers, agree to release and hold harmless Sponsor and its parent, subsidiaries, limited liability and affiliate companies, dealers, 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 “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 Customer's participation in the Giveaway, any breach of these Official Terms and Conditions, the acceptance, possession, use or misuse of any gifts, 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 Customer further agrees to fully indemnify the Releasees from any and all claims by third parties relating to the Giveaway, without limitation.
   
   
10. Privacy: By participating in the Giveaway, each Customer (i) grants to Sponsor and its respective authorized agents the right to use his/her/its name, email address, and such other information provided in connection with registering for the Giveaway (“Personal Information”) for the purposes of administering the Giveaway including, but not limited to, contacting the Customer and providing a gift; (ii) grants to Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Giveaway, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; (iii) authorizes Sponsor to send the Customer additional promotional correspondence, subject to Customer's right to "opt out" of future correspondence; and (iv) acknowledges that Sponsor may disclose his/her Personal Information to third-party agents and service providers of Sponsor in connection with any of the activities listed in (i), (ii) and (iii) above. Personal information will otherwise not be sold, shared or disclosed in any manner or for any other purposes by Sponsor or any related entities, unless Customer has otherwise agreed. Sponsor will use the Customer’s Personal Information only for identified purposes and will protect the Customer’s Personal Information in a manner that is consistent with Sponsor’s privacy policy. To view Caterpillar’s privacy policy visit: https://www.cat.com/en_US/legal-notices.html#privacy.
    
    
11. Dispute Resolution: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions, or the rights and obligation of the Customer and Sponsor in connection with the Giveaway, 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 Giveaway, or the gifts given away, 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 Customer hereby consents to the jurisdiction of the courts located therein.
    
    
12. Parties not affiliated with Giveaway: Simantel and its subsidiaries, are not sponsors of this Giveaway and therefore are not responsible for providing the gifts to be given away. The social media platforms of Facebook^®, Instagram^®, LinkedIn^®, and Twitter^® are not sponsors of this Giveaway and therefore are not responsible for providing any gift to be given away.
    
    
13. Trademark/Copyright: All content on the Application, 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 Application, 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 Application, 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. and international copyright laws. All content and other copyrightable material may be used only as provided in these Official Terms and Conditions. All rights not expressly granted in these Official Terms and Conditions are reserved.
    
    
14. Termination: Sponsor reserves the right, in its sole discretion, to terminate the Giveaway, in whole or in part, and/or modify, amend or suspend the Giveaway, and/or the Official Terms and Conditions in any way, at any time, for any reason without prior notice.

© 2023 Caterpillar Inc. All Rights Reserved.