MUSTANG CAT HOUSTON TEXANS MACHINE UPGRADE PROMOTION OFFICIAL RULES OPEN TO ALL LEGAL RESIDENTS OF THE STATE OF TEXAS ENTERING FOR BUSINESSES LOCATED IN THE MUSTANG CAT SALES TERRITORY (SEE SECTION 3). ENTRANTS MUST BE 18 YEARS OF AGE OR OLDER, BE AUTHORIZED BY A BUSINESS (SEE SECTION 3), AND PHYSICALLY RESIDE IN THE STATE OF TEXAS WITHIN THE MUSTNAG CAT SALES TERRITORY. THE PROMOTION IS SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS. NO PURCHASE IS NECESSARY TO WIN AND WILL NOT IMPROVE YOUR CHANCES OF WINNING. 1. No Purchase Necessary to Enter or Win: A purchase will not improve your chances of winning. 2. Promotion Sponsor: Mustang Cat Houston Texans Machine Upgrade (the Promotion ) is sponsored by Mustang Machinery Company Ltd. (d/b/a Mustang Cat ), 12800 Northwest Freeway, Houston, Texas 77040 (the Sponsor or Mustang Cat ). Winner will receive a new 2017 Cat 249D compact track loader with Houston Texans graphics and a standard bucket attachment for his or her business. 3. Who Can Enter: To be eligible for the Promotion, an Entrant must: (a) Be a legal resident of one of the following counties within the state of Texas: Angelina, Austin, Brazoria, Brazos, Burleson, Chambers, Colorado, Fayette, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jackson, Jasper, Jefferson, Lavaca, Leon, Liberty, Madison, Matagorda, Montgomery, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, Washington, Wharton (b) Be 18 years of age or older (c) Be authorized by a business with a taxpayer identification number ( Tax ID Number ) located in the State of Texas ( Business ) to enter the Promotion on behalf of the Business. An Entrant (as defined below) must be entering for his or her Business and therefore must have authority to enter on behalf of that Business. (d) Have ownership of at least one piece of compact construction equipment (skid steer loader, compact track loader, or multi-terrain loader) which has been owned continually for at least one year as of October 17, 2017. The machine does not need to be operational, and proof of ownership history may be required. (e) Have the ability to obtain and upload a digital photo (JPG, PNG or BMP file format) of the owned piece of compact construction equipment (skid steer loader, compact track loader, multi-terrain loader) using the Sponsor promotion website. Neither Mustang Cat nor Caterpillar Inc. employees, nor their immediate family members, nor their household members, are 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 on the basis of untruthful, incomplete, inaccurate or misleading details and/or information. The Promotion is subject to all federal, state, local, and municipal laws. The laws of the State of Texas govern this Promotion. 4. How to Enter: (a) There is no purchase necessary to enter the Promotion. To enter this Promotion, Entrants shall visit win.mustangcat.com (the Promotion Website ) between October 17, 2017 November 7, 2017 and complete an entry form. An Entrant must supply his or her full legal name, the Business for which the Entrant is authorized to enter the Promotion, and the complete Business mailing address, e-mail address and daytime telephone number. A digital picture of the Entrant s owned piece of compact construction equipment must also be uploaded (SEE SECTION 3(e)). The fully populated entry form, successfully uploaded photo, and selection of the submission button 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 October 17, 2017 November 7, 2017. Any person who desires to submit an Entry must provide all information required by these Official Rules in order to have his or her Entry entered into the Promotion. Each Entrant must also consent to and abide by the disclaimer that the Entrant will be prompted to review at the time of submission of his or 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. (b) All Entries become the sole property of the Sponsor and none will be returned for any reason. (c) Lost, late, incomplete, stolen, misdirected, corrupted or illegible Entries are void and will not be considered. Any disputes regarding ownership or validity of any Entry will be resolved by the Sponsor in its sole discretion. (d) Entrants may submit only one (1) Entry during the Promotion Period. More than one person may enter the Promotion on behalf of the same Business. A Business may only win one (1) Finalist position regardless of the number of Entrants submitting an Entry on behalf of that Business. (e) 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, online 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. 5. Prize: (a) One (1) new 2017 Cat 249D compact track loader with Houston Texans graphics and a standard bucket attachment (list price $50,000) will be awarded to the Business of One (1) Winner. Winner will be selected from three (3) Finalists as determined by the popular vote of visitors to the Houston Texans Facebook page during the eligible voting period of November 18-27, 2017. The Cat 249D will be available for pick up by the Business of the Winner from Mustang Cat headquarters in Houston, Texas in a timeframe agreed upon by both parties, but to be completed no later than December 22, 2017. (b) The Sponsor is not responsible for delivery of the prize. (c) The Winner and the Winner s Business accepting the prize must comply with these Official Rules. (d) The Prize must be accepted as awarded and cannot be sold or transferred. (e) The Sponsor shall not be liable for lost, damaged or misdirected Prizes. The Winner is solely responsible for any and all federal, state and local taxes due on any Prize or incurred as a result of winning the Prize. 6. Finalist Selection: (a) Three (3) Finalists shall be selected as follows: on or about November 8, 2017, 3 Finalists will be selected by Sponsor from among the total eligible Entries based upon completeness of the entry including details of why an upgrade will benefit Entrant and the quality of Entrant s photo for the purpose of the planned social media voting in the machine upgrade category. Preference will be given to photos which show the Entrant s face and his or her machine in a creative way, while also demonstrating the Entrant s need for a new machine upgrade. The Entrant s machine does not need to be operational, and the photo does not need to display operation. (b) The odds of being a Finalist depend upon the total number of eligible Entries received by Sponsor. (c) Before being declared a Finalist, the Entrant and the Business selected must comply with these Official Rules (including the eligibility requirements) and sign and return an official Affidavit and Release (described below)
(d) The Finalist must submit to the Sponsor a signed declaration from the Business, in a form to be provided by the Sponsor, wherein the Business acknowledges and agrees to all of the terms stated herein. 7. Finalist Notification: Finalists will be notified by Mustang Cat during the days following November 8, 2017 by electronic mail and/or telephone, using the information provided on his or her Entry. Notification will be attempted a minimum of three (3) times. If any selected Entrant does not respond to the notification within two (2) business days of the final attempted contact; if the contact information provided is non-operative or nonoperational; or if the selected Entrant is unwilling or unable to accept the terms of being a Finalist, the Finalist position will be forfeited and the next alternative Entrant will be selected and deemed one of three (3) Finalists. 8. Winner Selection & Notification: (a) The Winner shall be selected as follows: three (3) Finalists Entrant photos, names, and business names will be displayed on the Houston Texans Facebook site. Beginning on November 18, 2017 and continuing through November 27, 2017, site visitors will vote to determine who should receive the upgrade. A tally of the popular vote will be taken on November 28, 2017 and the single winner will be named as that having the most votes. In the event of a tie, the Sponsor reserves the right to a second online voting session among the two finalists, or the Sponsor may determine a single winner from among the two finalists. (b) Before official declaration of the Winner, the Winner and the Business selected must comply with these Official Rules (including the eligibility requirements) and sign and return an official Affidavit and Release (described below.) 9. Agreement to Official Rules: Participation in the Promotion constitutes the Entrant's full and unconditional agreement and acceptance of these Official Rules. Winning a Prize is contingent upon fulfilling all requirements set forth herein. 10. Identification of Winner: The Winner shall be announced on the Promotion Website on or about two (2) business days after selection and shall remain posted there for a minimum of thirty (30) days. 11. 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, local and municipal 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. The Sponsor, shall not be responsible for: (a) Entries, Prize claim 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; (b) 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; (c) typographical, printing or other errors, or any combination thereof; (d) inability to access the Promotion Website or any web pages of the Sponsor; (e) theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; (f) 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 (g) 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 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 in a random drawing from among all eligible Entries received 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 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 website 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. 12. Limitation of Liability / Publicity: By entering the Promotion, each Entrant (a) acknowledges and agrees to comply with these Official Rules, including all eligibility requirements; (b) agrees to be bound by the decisions of the Sponsor, which are final and binding in all respects; (c) agrees that the Sponsor has sole discretion to resolve any disputes as it sees fit; and (d) agrees that neither the Entrant nor his or her heirs, successors, or assigns will assert any claim related to damages, losses or injuries against the Sponsor. Sponsor (a) makes no warranty, guaranty or representation of any kind concerning any Prize; (b) disclaims any implied warranty; (c) is 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 Prize; (d) disclaims 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, and regardless of whether the material is connected to the website by a hypertext link; and (e) disclaims any liability for either the cancellation, 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 the Prize, the Winner consents to the use of his or her name, photograph, likeness, voice, video and biographical information for publicity or advertising purposes without further notice or compensation, to the extent permitted by law. 13. Release Indemnity: By participating in the Promotion, all Entrants, including without limitation the Winner and the Winner s Business, agree to release and hold harmless the Sponsor 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, the 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. The Entrant further agrees to fully indemnify Wheeler from any and all claims by third parties relating to the Promotion, without limitation. 14. Winner Affidavit and Release: The Winner and Business will be required to execute an affidavit and release (the Affidavit and Release ) that confirms the Winner s and the Business : (a) eligibility for the Promotion and compliance with these Official Rules; (b) acceptance of the Prize as offered; (c) release of the Sponsor 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 (d) grant to the Sponsor the unrestricted right, in the Sponsor s sole discretion, to produce, reproduce, publish, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Winner s and Business name, photographs, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Promotion and the promotion and exploitation thereof. The executed Affidavit and Release must be returned within ten (10) days of the verification as a Winner or the selected Entrant will be disqualified and the prize forfeited. 15. Privacy: By participating in the Promotion, each Entrant (a) grants to the Sponsor the right to use his or her name, address, telephone number and e-mail address ( Personal Information ) for the purposes of administering the Promotion including, but not limited to, contacting and announcing the Winner and fulfilling the award of the Prize; (b) grants to the Sponsor the right to use his or 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. Personal Information will otherwise not be sold, shared or disclosed in any manner by the Sponsor, unless Entrant has otherwise agreed. The Sponsor will protect the Entrant s Personal Information in a manner that is consistent with the Sponsor s privacy policy. 16. 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 Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction). Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or the Prize 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 Texas, County of Harris and each Entrant hereby consents to the jurisdiction of the courts located therein. 17. 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.