• Promotion Sponsor: The Fall Filter Promotion (this “Promotion”) is sponsored by Caterpillar Inc., 510 Lake Cook Road, Suite 100, Deerfield, Illinois 60015 (the “Sponsor” or “Caterpillar”).
• Terms of Promotion:
  • Subject to these Official Terms and Conditions, beginning on August 1, 2019 at 1:59 am Central US Time and continuing through November 25, 2019 at 1:59 am Central US Time or until this Promotion is withdrawn (the “Promotion Period”), any eligible purchaser (a “Purchaser”) who purchases three products in a single order from the ”Filter” portion (all products in said portion being, “Filters”) of the myParts.Cat.Com website (the "Website") (each such order that includes at least three Filters being, an “Eligible Order”) will receive Free UPS Standard shipping to addresses in the continental United States (excluding Hawaii, Alaska, Puerto Rico, the U.S. territories and possessions) and the District of Columbia for all products included in the entire Eligible Order, including any products outside of Filters that are included in the Eligible Order (“Free Shipping”). If any portion of an otherwise Eligible Order is cancelled, and the resulting order has less than the three (3) Filter minimum, then such order shall no longer be an Eligible Order and the order shall no longer be eligible for Free Shipping. Change in shipping preference from UPS standard shipping will also cause the order not to be eligible for the Promotion. Offer is limited to stock on hand at the time of the order and is not transferable or redeemable for cash. Offer is not valid for return shipments or orders placed outside the Offer Period.
  • Each Purchaser must be 18 years of age or older. In order to qualify as an Eligible Order the order must be shipped to a single shipping address in the United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, and the U.S. territories and possessions). Employees of Caterpillar and its parents, agents, subsidiaries, and affiliated companies, divisions, attorneys, advertising and promotion agencies, and the immediate family members and household members of any of the above, and any Caterpillar dealers and their respective parents, agents, subsidiaries and affiliated companies, and the employees, and the immediate family members and household members of each of the same, are not eligible to participate in this Promotion.
  • c. The Sponsor reserves the right, in its sole discretion, to disqualify any Purchaser from the Promotion should such Purchaser at any stage supply untruthful, incomplete, inaccurate, or misleading details and/or information.
• Free Shipping Value:
  • The value of the free UPS standard shipping offered in the Promotion will vary based on the location from where the order is shipped, the shipping address and the items being shipped.
  • The Sponsor shall not assume any liability for the shipment of an order or any portion thereof in any manner, including any late delivery, or any lost, damaged or misdirected products.
  • The Sponsor shall not be liable in the event an order is prohibited from being shipped due to any legal or regulatory restriction, or due to unforeseen circumstances including, but not limited to, acts beyond Sponsor’s reasonable control.
  • Each Purchaser is solely responsible for any and all federal, state or local taxes due as a result of receiving free shipping.
• Agreement to Official Terms and Conditions: A Purchaser's placing of an Eligible Order as referenced in Section 2 shall constitute said Purchaser’s full and unconditional agreement and acceptance of these Official Terms and Conditions. Receiving Free Shipping is contingent upon acceptance of these Official Terms and Conditions as well as upon fulfilling all requirements set forth herein.
• General Terms and Conditions: All information and communications from each Purchaser delivered to Sponsor in connection with the Promotion become the exclusive property of the Sponsor and will not be returned or acknowledged. The invalidity or unenforceability of any provision of these Official Terms and Conditions shall not affect the validity or enforceability of any other provision. The Sponsor, its parents, subsidiaries, limited liability or affiliated companies, any of their respective employees, shareholders, directors, officers, members, personnel, agents, assigns shall not be responsible for (1) typographical, printing or other errors, or any combination thereof; (2) inability to access the Sponsor's Website; (3) theft, tampering, destruction, or unauthorized access to, or alteration of, information submitted via the Sponsor's Website; or (4) 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. The Sponsor’s failure to enforce any provision of these Official Terms and Conditions shall not constitute a waiver of that provision. In the event of any conflict between these Official Terms and Conditions and any other terms applicable to the shipping of an order, these Official Terms and Conditions shall govern.
• Limitation of Liability / Publicity: By placing an Eligible Order, each Purchaser (i) acknowledges compliance with these Official Terms and Conditions; (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 Purchaser nor his/her/its heirs, successors, or assigns will assert any claim related to damages, losses or injuries against either the Sponsor or its related corporations, parents, subsidiaries, franchisees, advertising or promotion agencies, attorneys, 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. The Sponsor and its related corporations, parents, subsidiaries, and affiliate companies, franchisees, advertising and promotion agencies, attorneys: (i) make no warranty, guaranty or representation of any kind concerning the Promotion; (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 Free Shipping; (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 Sponsor's 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 in connection with the Promotion.
• Release Indemnity: By participating in the Promotion, all Purchasers, agree to release and hold harmless the Sponsor and its parent, subsidiaries, limited liability and affiliate companies, Dealers, its advertising and promotional agencies, 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 Purchaser's participation in the Promotion, any breach of these Official Terms and Conditions, the acceptance, use or misuse of the Free Shipping, 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 Purchaser further agrees to fully indemnify the Releasees from any and all claims by third parties relating to the Promotion, without limitation.
• Data Privacy: By participating in the Promotion, each Purchaser (i) grants to the Sponsor and its respective authorized agents the right to use his/her/its name, 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 the Purchaser; (ii) grants to the Sponsor the right to use his/her Personal Information for publicity and promotional purposes relating to the Promotion, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; (iii) authorizes Sponsor and its dealers to send the Purchaser additional promotional correspondence, subject to Purchaser's right to "opt out" of future correspondence; and (iv) 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 (i), (ii) and (iii) above. The Sponsor will use the Purchaser’s Personal Information and will protect the Purchaser’s Personal Information in each case in a manner that is consistent with the Sponsor’s privacy policy. To view Caterpillar’s Global Privacy Statement visit https://www.caterpillar.com/en/legal-notices/data-privacy/dataprivacy.html.
• Choice of Law/Dispute Resolution/Agreement to Arbitrate: (a) The laws of the State of Illinois, without giving effect to any choice of law or conflict rules, govern the Promotion (including, without limitation, the rights and obligation of the Purchasers and the Sponsor in connection with this Promotion) and these Official Terms and Conditions. All disputes, claims and controversies relating to or arising out of the Promotion, these Official Terms and Conditions or the Free Shipping (collectively, “Dispute”) will be resolved by binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures. The location of the arbitration will be Peoria, Illinois, United States of America. Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, and that the parties are waiving the right to a trial by jury. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any award issued by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in accordance with applicable laws in any court of competent jurisdiction.
• 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 Terms and Conditions in any way, at any time, for any reason without prior notice.

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