FREE SHIPPING PROMOTION
OFFICIAL TERMS AND CONDITIONS
VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION. THE PROMOTION IS SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS. THE LAWS OF THE STATE OF ILLINOIS GOVERN THIS PROMOTION.
- Promotion Sponsor: The Free Shipping Promotion (subject to these Official Terms and Conditions, the “Promotion”) is sponsored by Caterpillar Inc., 510 Lake Cook Rd #100, Deerfield, IL 60015 (the “Sponsor” or “Caterpillar”).
- Terms of Promotion:
- 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 eligible orders (an order that satisfies the terms of this Section2) placed on myparts.cat.com (the “Website”) between April 1, 2020 at 12:00 am Central US Time and August 31, 2020 at 11:59 pm Central US Time (the “Offer Period”). 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. Change in shipping preference from UPS standard shipping will cause the order not to be eligible for the Promotion.
- The order must be shipped to a single shipping address in the continental United States and the District of Columbia (excluding Hawaii, Alaska, Puerto Rico, the U.S. territories and possessions), and the purchaser of the order must be 18 years of age or older (or participating with their legal guardian's consent).
- Purchaser's placing of an eligible order as referenced in this Section 2 shall constitute said Purchaser’s consent and agreement to these Terms and Conditions. Any order that is placed and is eligible for the Promotion shall still be subject to cancellation at the discretion of the Sponsor.
- The Sponsor reserves the right, in its sole discretion, to disqualify any Purchaser 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 and acts of God.
- Each Purchaser is solely responsible for any and all federal, state or local taxes due as a result of receiving free shipping.
- General Terms and Conditions: The Promotion is subject to all federal, state, 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. 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 term 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: By placing an eligible order that satisfies the requirements of Section 2, each Purchaser (i) acknowledges compliance with these Official Terms and Conditions; (ii) agrees to be bound by the decisions of the Sponsor relating to the Promotion and these Official Terms and Conditions, 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 Caterpillar or its related corporations, parents, subsidiaries, dealers and of the foregoing’s respective parents, subsidiaries, affiliates and each of their respective employees, shareholders, directors, officers, members, personnel, agents, contractors, successors and assigns. The Sponsor, its affiliates, and dealers: (i) make no warranty, guaranty or representation of any kind concerning any shipment; (ii) disclaim any implied warranty relating to any shipment; (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; (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 providing any shipping.
- Release Indemnity: By participating in the Promotion, all Purchasers, agree to release and hold harmless the Sponsor and its parent, subsidiaries, and affiliate companies, Dealers, and each of the foregoing’s 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, 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 ANY KIND OF LIABILITY, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, PUNITIVE, 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.
- Choice of Law/Dispute Resolution: (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 the Promotion) and these Official Terms and Conditions. All disputes, claims and controversies relating to or arising out of the Promotion or these Official Terms and Conditions (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.
© 2020 Caterpillar Inc. All Rights Reserved.