COMING SOONBegins Jun 11
ACCEPTING ENTRIESJun 11 - Aug 3
VOTING OPENAug 3 - Aug 17
CONTACTING WINNERAug 17 - Aug 31
WINNER ANNOUNCEDSep 4
Thanks to everyone who participated in the NASCAR contest. Your hard work and your business are much appreciated.
Anyone who owns Cat equipment or is authorized to submit on behalf of someone who owns Cat equipment. For verification purposes, you must have access and permission to submit proof of ownership from one piece of Cat equipment if you are selected the winner.
Enter your company's name and company photo via the submission form. (See submission page for acceptable file types.)
Vote for the company name you want to win. Only one vote shall be allowed per e-mail address, per day from August 3, 2012 through August 17, 2012, based on Greenwich Mean Time (GMT). Voting closes Friday, August 17, 2012, 5pm CST.
The company name within each fleet size category that receives the most votes wins. Voting ends August 17, 2012. The winner will be announced shortly thereafter.
GRAND PRIZE – your company's name on the Caterpillar No. 31 NASCAR Sprint Cup Series car, and a trip for you and 5 friends to the Bank of America 500® NASCAR Sprint Cup Series race.
For a photo submission to be approved it cannot include:
• Brand names or trademarks except Cat and Caterpillar.
• Photos or any other original work not created by the entrant, unless he/she has permission from the original author.
• One’s likeness without permission. For a complete listing of rules and regulations, please read below.
YOUR COMPANY NAME ON THE
CATERPILLAR NO. 31 NASCAR SPRINT CUP SERIES CAR PROMOTION
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO ALL LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF 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; CANADIAN RESIDENTS MUST BE THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER. THIS PROMOTION IS VOID IN PUERTO RICO, THE US TERRITORIES AND POSSESSIONS AND THE PROVINCE OF QUEBEC 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. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
2. Promotion Sponsor: The Your Company Name on the Caterpillar No. 31 NASCAR Sprint Cup Car Series Promotion (the “Promotion”) is sponsored by Caterpillar, Inc. 100 NE Adams St., Peoria, IL.
3. Who Can Enter: To be eligible for the Promotion, an individual must:
(a) be a legal resident of (i) the fifty (50) United States (excluding residents of Puerto Rico, the US Territories and Possessions), (ii) the District of Columbia or (iii) Canada (excluding residents of the province of Quebec); or
(b) 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); and
(c) for residents of Canada, be legally able to travel to the United States and have all necessary documentation as may be required for presentation to Canadian and/or American customs and airport personnel.
(d) have the approval of a company (the “Company”) that (a) is located in the United States (excluding Puerto Rico, the US Territories and Possessions), the District of Columbia or Canada (excluding the province of Quebec); (b) the Company is not a direct competitor of any other sponsor of the No. 31 Sprint Cup Series car; and (c) owns, at least one (1) item of Caterpillar equipment or a Caterpillar engine (collectively referred to herein as “Equipment”), purchased prior to the start of the Promotion Period (defined below) for the use of the Company’s name (i) in the individual’s Submission (as defined below) and (ii) otherwise in connection with this Promotion, including without limitation by being displayed on the Promotion Website (as defined below) and on the Car (as defined below) in the event that the individual becomes the Winner (as defined below).
Employees of (i) Caterpillar, Inc. (“Caterpillar” or “Sponsor”); (ii) Charlotte Motor Speedway, Inc.; and (iii) Speedway Motorsports, Inc., and their respective 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 including, without limitation, proof of ownership and purchase of the Equipment prior to the start of the Promotion Period. 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.
4. How to Enter:
(1) There is no purchase necessary to enter the Promotion. To enter this Promotion, persons eligible to enter the Promotion are to log on to winattheworkshop.com/race (the “Promotion Website”), submit the entrant’s name, the Company’s name, the total pieces of Cat Equipment owned by the Company that were purchased prior to the start of the Promotion Period and, if the entrant wishes, a brief description of the Company and one photograph related to the Company, following these Promotion Rules and specifically the guidelines set out in Section 5 below (“Supplementary Materials”). The Company’s name submitted by the entrant as described above is referred to herein as a “Submission”. The Submission must be submitted between 5:00:01 p.m. CT on June 11, 2012 and 5:00:01 p.m. CT on August 3, 2012 (the “Promotion Period”) after which time the Promotion will be closed and no further entries shall be accepted. The Submission (i.e., the Company’s name) will be submitted via a text entry field. Any photograph uploaded must be submitted in one of the following formats: .jpg, .png, bmp. Submitted Supplementary Materials may be posted on a portion of the Promotion Website. Any person who desires to submit a Submission must provide all information required by these Promotion Rules in order to have his/her Submission entered into the Promotion. Each entrant will be required to include his/her name, e-mail address, mailing address, city, state (or province), ZIP or postal code, daytime telephone number, and e-mail address, as part of the entry form. Each entrant must also consent to, and abide by the disclaimer that an entrant will be prompted to review at the time of submission. The Sponsor reserves the right to remove from viewing any Submission determined to be in violation of said disclaimer.
(2) All entries including the Submission, and any Supplementary Materials, become the sole property of the Sponsor and none will be returned for any reason.
(3) Lost, late, incomplete, 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.
(4) The odds of winning depend upon the total number of eligible entries received for each Category (as defined below) and the number of website viewers who vote on the Submissions as of the conclusion of the Voting Period.
(5) Limit of one (1) entry per person during the Contest Period.
(6) 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 Promotion 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.
THE ENTRANT IS RESPONSIBLE FOR OBTAINING APPROVAL FROM THE COMPANY FOR ANY USE OF THE COMPANY’S NAME IN THE ENTRANT’S SUBMISSION OR ANY OTHER USE IN CONNECTION WITH THIS PROMOTION, INCLUDING WITHOUT LIMITATION ON THE PROMOTION WEBSITE AND ON THE CAR (AS DEFINED BELOW).
5. Conditions for Eligible Entries. In order to be deemed an eligible entry, the Submission and any Supplementary Materials MUST NOT CONTAIN material that, in the Sponsor’s sole discretion:
i) disparages or insults any person, the Sponsor, or any other entity affiliated with the sponsorship, promotion or administration of this Promotion;
ii) violates or infringes upon another’s rights including, but not limited to, privacy rights, use of one’s likeness, intellectual property rights, or that constitutes infringement of a party’s copyright, trademark or trade secret rights;
iii) includes brand names and/or trademark, logos and/or designs for which the entrant does not have a limited license to use for the sole purpose of submitting an entry to the Promotion;
iv) includes photos, videos, artwork, writing, music or any other original work not created by the entrant and/or by an individual who has granted entrant a perpetual right to use and disseminate said items and to sublicense to others the right to use and disseminate said items;
v) is hateful, tortuous, defamatory, slanderous, libelous, or obscene;
vi) promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, national origin, disability, sexual orientation or age;
vii) is unlawful, in violation of, or contrary to, the laws or regulations in any state, province, territory or country where the entry is created and/or submitted; or
viii) contains the name of a company that is a direct competitor of any other sponsor of the No. 31 Sprint Series Car as of the first day of the Promotion Period.
Each entrant represents to the Sponsor that the Sponsor shall have the right to exclude or remove from the Promotion and the Promotion Website any Submission in the Sponsor’s sole discretion, including without limitation on the basis of concerns raised in this Section 5. The Sponsor assumes no responsibility for any claims of infringement of rights to copyright, privacy and/or personality, and all such liability shall remain with the entrant. Entrant waives any claim for damages resulting from the Sponsor’s exclusion or removal of entrant’s Submission from the Promotion Website. The Sponsor shall not be responsible for the failure to exclude or remove any Submission that is determined to violate any of the above prohibitions and entrant shall indemnify and hold harmless 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 liability arising from entrant’s violation or alleged violation of any of the above prohibitions or that arises in connection with the Submission.
6. Voting: All eligible Submissions will be displayed on the Promotion Website in the same font and size (as determined by the Sponsor in its sole discretion) and shall be available to be viewed by any person with access to the internet. The Submissions shall be divided into the following two categories for the purposes of voting: (i) entrants whose Submission relate to Companies that own twenty-five (25) or fewer items of Equipment (“Category 1”); and (ii) entrants whose Submissions relate to Companies that own twenty-six (26) or more items of Equipment (“Category 2”) (Category 1 and Category 2 shall collectively be referred to as the “Categories” and individually as a “Category”). Any person may vote on his or her favorite Submission between August 3, 2012 and August 17, 2012 (the “Voting Period”). Only one (1) vote per day, regardless of Category voted upon, shall be permitted per e-mail address of the person voting. All votes placed in favor of a Submission prior to the end of the Voting Period shall be counted and maintained by the Sponsor or such party as the Sponsor may contract with to perform this task. After the close of the Voting Period, the entrant responsible for submitting the Submission that receives the most votes in each Category shall each be deemed a winner of that Category (the “Winner”), subject to the conditions of Section 5 above. In the event that there is a tie and more than one Submission receives the highest number of votes in a Category (each, a “Tying Submission”), a subsequent vote will be conducted within a reasonable amount of time in which viewers will vote on their favorite Tying Submission. The entrant responsible for submitting the Submission that receives the most votes during the subsequent vote will be deemed the Winner for that Category. For greater certainty, only one Winner will be selected per Category and entitled to the prize described in Section 7. The Sponsor is not responsible for selecting the Winner which selection shall be based solely upon the total number of votes in favor of eligible Submissions.
(a) There is one (1) prize (the “Prize”) available to be won by the Winner of each Category consisting of:
(i) the display of Company name, provided as the Submission, displayed on the No. 31 Richard Childress Racing Sprint Cup Series car sponsored by Caterpillar at the Event (as defined below). The Company name will be placed on the upper rear quarter panel of the No. 31 Richard Childress Racing Sprint Cup Series car sponsored by Caterpillar with the font, font size and all other details to be determined by Richard Childress Racing and Caterpillar as to adhere to the NASCAR and Richard Childress Racing Competition guidelines. Each Winner acknowledges the other Winner’s Company name will be displayed as well;
(ii) six (6) tickets for the Winner and five (5) guests (collectively, the “Guests”) to the Bank of America 500® NASCAR Sprint Cup Series race, scheduled to be held on October 13, 2012 at the Charlotte Motor Speedway™ in South Concord, North Carolina (the “Event”). Winner acknowledged the Event may be held on a date other than as currently scheduled due to unforeseen circumstances including, but not limited to, inclement weather that requires the Event to be postponed;
(iii) One Thousand Three Hundred and Fifty Dollars (US $1,350) in cash (the “Cash”) for the Winner and for each of the Winner’s Guests, intended to be used for hotel accommodation in South Concord, North Carolina, airfare and other expenses incurred in connection with attendance at the Event; and
(iv) Tent passes, allowing access by the Winner and the Winner’s Guests to the Caterpillar VIP Pre-Race Hospitality Tent on the day of the Event. Tent passes include all pre-race meals and beverages; meet and greet with Cat NASCAR drive, Jeff Burton, and tour of pit road. Winner acknowledges each portion of the Prize set forth in this subsection (iv) is subject to cancellation due to unforeseen circumstances including, but not limited to, NASCAR or any other governing body prohibiting the tour of pit road due to inclement weather.
(b) Each Prize has an approximate value of Nine Thousand Six Hundred Dollars (US $9,600).
(c) Neither Winner is entitled to any monetary difference between the actual Prize value and the stated approximate Prize value, if any.
(d) Each Prize will be distributed within fourteen (14) days after each Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
(e) Sponsor shall not be responsible should the Winner and/or the Winner’s Guests be unable to travel to and attend the Event, regardless of the cause of Winner’s and/or Winner’s Guests’ inability to attend.
(f) In the event that the Winner’s or a Guest’s cost in relation to accommodation, airfare and other expenses incurred in connection with attendance at the Event is less than the amount of the Cash, the Winner or the Guest, as applicable, is entitled to retain the monetary difference.
(g) Each Winner and the Winner’s Guests will be responsible for scheduling accommodations and airfare and will be responsible for all expenses incurred in connection with the Prize, including but not limited to airfare, hotel accommodations, transportation to and from the airports, travel and medical insurance, travel documentation, airport improvement fees, taxes, gratuities, telephone calls, in-room charges, meals and any other expense not explicitly included in the Prize, including all ground transportation.
(h) Guests must comply with the Promotion Rules and sign and return the Release (described below).
(i) Prizes must be accepted as awarded and cannot be split, transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and have no cash value. 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.
(j) The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
(k) The Sponsor shall not be liable for any errors in printing of the Company’s name on the Car.
(l) The Sponsor shall not be liable for any changes in date of the Event, any portion of the Prize that is prohibited from being provided due to unforeseen circumstances including, but not limited to, safety concerns due to inclement weather, and such other acts of God beyond Sponsor’s reasonable control.
In order to claim the Prize, additional releases and/or waivers of liability by Charlotte Motor Speedway, NASCAR, Speedway Motorsports, Inc., RCR Enterprises, LLC, JEFF BURTON, Jeff Burton Autosports, Inc., the City of Concord, the County of Cabarrus and/or any applicable sanctioning body may also be required. The Sponsor shall not be responsible for any Prize package lost by any delivery method selected by the Sponsor to deliver any portion of the Prize package nor for any errors on the part of any courier including, but not limited to, delivering any portion of the Prize package to the incorrect address or location. The Sponsor shall not be responsible for NASCAR’S failure to hold the Event on the date and time specified herein for any reason whatsoever. Winners are solely responsible for any and all federal, state or local taxes due on any Prize or incurred as a result of winning the Prize.
8. Winner Notification: On or about Aug. 20, 2012, each Winner will be notified by electronic mail and/or telephone using the information provided on his or her entry completed with the Submission. Notification will be attempted a minimum of five (5) times. If any selected entrant does not respond to the notification within three (3) days of the final attempted contact; if the contact information provided is non-operative or non-operational; or if the selected entrant is unwilling or unable to accept the Prize offered, that Prize will be forfeited and the entrant who received the second most votes in favor of his or her Submission in the same Category as that of the selected entrant will be deemed the Winner. Before being declared a Winner, if the entrant responsible for submitting the winning Submission of each Category is a Canadian resident, he or she shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail. Before being declared a Winner, the entrant responsible for submitting the winning Submission of each Category must comply with these official Promotion Rules (including the eligibility requirements) and sign and return the Release (described below).
9. Agreement to Official Promotion Rules: Participation in the Promotion constitutes the entrant's full and unconditional agreement and acceptance of these official Promotion Rules. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
10. Identification of Winners: The Winner of each Category shall be announced on the Promotion Website on or about September 4, 2012 and each Winner’s Submission will be accessible on the Promotion Website for 30 days thereafter.
11. Assignment of Rights: By providing the Submission and any Supplementary Materials to the Sponsor in connection with the Promotion, each entrant assigns to the Sponsor all right, title and interest throughout the world in perpetuity beginning on the date of entry, including but not limited to all intellectual property rights, including copyright, in and to the Submission and each Supplementary Material. Each entrant waives any and all so-called moral rights or droit morale that it may own or be entitled to assert in relation to the Submission and/or the Supplementary Materials, now or in the future, under the laws of any jurisdiction throughout the world, to the full extent that such rights may be waived at law.
12. Representations and Warranties by Entrant. By participating in this Promotion, each entrant warrants and represents in connection with his/her Submission that: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Submission and any Supplementary Materials; (b) the Company has provided approval for the use of its name in connection with the Promotion as contemplated by these Promotion Rules; (c) any Supplementary Materials submitted by the entrant with his/her Submission is an original work, solely created by the entrant, that no third party participated as an author, co-author, photographer or otherwise in the creation of the Submission or any part thereof; and the use of the Submission as described in these Promotion Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (e) all necessary licences, permissions and consents have been obtained, including without limitation those related to the use of identifiable individuals and copyrighted works in any Supplementary Materials; (f) the use of the Submission, as described in these Promotion Rules, will be in compliance with any third-party licenses pertaining to the Submission; (g) the Submission and the Supplementary Materials, if any, are not obscene or libelous, and do not violate any rights of any third party, including but not limited to rights of privacy or publicity; (h) the Submission and the Supplementary Materials, if any, do not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Submission or Supplementary Materials; (i) the Submission and the Supplementary Materials, if any, and their use as described in these Promotion Rules will not violate any federal, provincial, state or local laws or ordinances; and (j) he/she has the right to assign the rights to the Sponsor as required in these Promotion Rules.
13. Terms and Conditions: All entries, Submissions, and Supplementary Materials uploaded by entrants become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of entry submission and/or upload of 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 Promotion Rules shall not affect the validity or enforceability of any other provision. No correspondence will be entered into by the Sponsor. None of the Sponsor, RCR Enterprises, LLC, JEFF BURTON, Jeff Burton Autosports, Inc., NASCAR or their respective parents, subsidiaries, limited liability or affiliated companies, or each of their respective employees, shareholders, directors, officers, members, personnel, agents and assigns or advertising or promotional agencies, including without limitation Simantel, are 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; or (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; or (3) typographical, printing or other errors, or any combination thereof; or (4) inability to access the Promotion or any Web pages of the Sponsor; or (5) theft, tampering, destruction, or unauthorized access to, or alteration of, entries; or (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 Promotion 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 by tallying the votes in favor of entrants after disqualification of such individual 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 at the Promotion Website. Any individual’s use of robotic, automatic, scripted, programmed or similar entry methods or voting 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 the Promotion 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 Promotion Rules shall not constitute a waiver of that provision.
Each Winner and Guest must at all times behave appropriately when attending the Event and observe these official Promotion Rules and any other laws, ordinances, rules or regulations in force at the location/venue. The Winner acknowledges that the Winner and/or the Winner’s Guests may be removed from the Event as a result of the failure to behave appropriately and Sponsor shall not be liable to the Winner or to any of the Winner’s Guests in the event of such removal, regardless of the cause and regardless if said removal is done at Sponsor’s request.
14. Limitation of Liability / Publicity: By entering the Promotion, each entrant (i) acknowledges compliance with these Promotion 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, prize providers and affiliated entities, RCR Enterprises, LLC, JEFF BURTON, Jeff Burton Autosports, Inc., NASCAR, and each of its parents, subsidiaries, limited liability companies, affiliates and each of their respective employees, shareholders, directors, officers, members, personnel, agents and assigns. The Sponsor, RCR Enterprises, LLC, JEFF BURTON, Jeff Burton Autosports, Inc., NASCAR and their respective 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 any prize; (ii) disclaim any implied warranty; (iii) are not in any way responsible or liable for damage, loss or injury of any kind actually or allegedly arising from entry into the Promotion or acceptance 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, 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 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, each Winner consents to 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.
15. Release: By participating in the Promotion, all entrants, including without limitation the Winners, agree to release and hold harmless the Sponsor, RCR Enterprises, LLC, JEFF BURTON, Jeff Burton Autosports, Inc., NASCAR and their respective parent, subsidiaries, limited liability and affiliate companies, their advertising and promotional agencies, including without limitation Simantel, and each of their respective employees, shareholders, directors, officers, members, personnel, agents 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 Promotion Rules, or 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.
16. Winner and Guest Release. Each Winner and each Guest will be required to execute a legal agreement and release (“Release”) that confirms each Winner’s and each Guest’s: (i) eligibility for the Promotion and compliance with these Promotion 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 any 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; and (iv) grant to the Sponsor of the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Submission and any Supplementary Materials and the Winner’s and Guests’ names, photographs, likenesses, voices and biographies in any and all media now known or hereafter devised, in connection with the Promotion and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as the Winner or the selected entrant will be disqualified and the prize forfeited.
18. Dispute Resolution: All issues and questions concerning the construction, validity, interpretation and enforceability of these Promotion 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(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 Winnebago and entrant hereby consents to the jurisdiction of the courts located therein.
19. Parties not affiliated with Promotion: Simantel, RCR Enterprises, LLC, JEFF BURTON, Jeff Burton Autosports, Inc., Speedway Motorsports, Inc., Michael Gregory Rowe, Mikeroweworks, LLC, NASCAR and all of its subsidiaries, and Charlotte Motor Speedway are not sponsors of this Promotion and are not responsible for providing any of the Prizes to be awarded.
20. Trademark/Copyright: All content on the Promotion Website, 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 are the property of either the Sponsor, RCR Enterprises, LLC, JEFF BURTON, Jeff Burton Autosports, Inc., Mikeroweworks, LLC, NASCAR, their respective affiliates, or third parties that have licensed content and software for use on the Promotion Website. All trademarks, service marks, and the likeness of Mike Rowe are used with permission. The names, trademarks, service marks, and logos used and displayed on the Promotion Website relating to Mike Rowe including, but not limited to, Mike Rowe™, mikeroweWORKS™, and mikeroweWorks and Design™ are registered or unregistered trademarks of Mikeroweworks, LLC or its affiliates or third parties that have licensed these trademarks for use on the Promotion Website. The names, trademarks, service marks, and logos used and displayed on the Promotion Website contained in NASCAR footage are registered or unregistered trademarks of NASCAR or its affiliates or third parties that have licensed these trademarks for use on the Promotion Website. Racing footage utilized on the Promotion Website is pursuant to license from NASCAR Media Group, LLC (referred to on the Promotion Website as “Footage © NASCAR Media Group, LLC, all rights reserved”). 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 Promotion Rules.
The stylized No. 31 and the RCR checkered flag logo are registered trademarks of RCR Enterprises, LLC. JEFF BURTON and Jeff Burton’s autograph are trademarks of Jeff Burton Autosports, Inc. CAT, CATERPILLAR, CAT RACING, their respective logos, "Caterpillar Yellow,” the "Power Edge" trade dress, other marks and corporate identity used herein are trademarks of Caterpillar and may not be used without permission. All trademarks, personal likenesses and the likeness of the No. 31 racecar are used under license and may not be used without permission. All rights not expressly granted in these Promotion Rules are reserved.
21. 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 Promotion Rules in any way, at any time, for any reason without prior notice.
© 2012 Caterpillar, Inc. All Rights Reserved.