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2019 Operator Challenge Waiver of Liability Release

2019 CAT OPERATOR CHALLENGE
PARTICIPATION LIABILITY WAIVER/RELEASE

 In consideration of participation in activities and events held in conjunction with the 2019 Cat® Operator Challenge events (“Operator Challenge”), conducted by authorized Cat dealers in the United States and Canada, its employees, agents, sponsors, organizers and event holders, and to use or operate all associated equipment, tools, facilities and services, I, the participant, on behalf of myself, my heirs, assigns, legal representatives (collectively “Operator Participant”), agree to the following terms and conditions (“Agreement”):

  1. Acknowledgment and Assumption of Risk. Participant acknowledges that operating heavy equipment can be an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, my physical conditioning-including hydration, and the condition of other participants, equipment, motorized vehicles, vehicular traffic and the actions of other people including, but not limited to participants, volunteers, spectators, dealer personnel, event officials, event monitors and/or event producers. These risks are not only inherent to equipment operators but are also present for volunteers and anyone else desiring to participate in these activities or events.
    Participant acknowledges, agrees and represents that he will upon entering any restricted or competition area will inspect the equipment to be used or operated by him/her and further agrees and warrants that, if at any time, he/she is in or about equipment or a restricted area and feels anything to be unsafe, will immediately advise appropriate officials of such and if necessary leave the area or equipment and/or refuse to further participate
  1. Certification of Fitness and Knowledge of Rules. Participant certifies that Participant has sufficiently trained to be a participant in a heavy equipment operation event and is physically fit to perform any and all of Participant’s duties, whatever they may be, and that Participant has not been advised of any unfitness to do so by a qualified medical person. Participant further certifies that Participant has been informed of the rules related to all events of the Operator Challenge. Participant also agrees to the best of his/her ability to follow industry best practices for safe equipment operation during Operator Challenge events
  1. Release of Liability; Indemnification; Acknowledgement of Risk. Participant hereby waives, releases and discharges, on behalf of Participant and Participant’s executors, administrators, heirs, next of kin, successors and assigns, Caterpillar and authorized Cat dealers, and their respective directors, officers, employees, volunteers, agents, event holders, event promoters, event sponsors, event volunteers, event permit grantors, event property owners, and event participants (collectively “the Releasees”), from any and all liability for Participant’s death, disability, personal injury, property damage, property theft, lost income or any other losses, costs or actions of any kind whatsoever, which hereafter may directly or indirectly accrue to Participant by virtue of Participant’s training for this event or any future event, Participant’s volunteering for this event or any future event, or Participant’s travel to or from any activity or event at or related to the Operator Challenge, due to the negligence, carelessness or recklessness of the Releasees or due to any dangerous or defective equipment or property that is owned or that is negligently, carelessly or recklessly maintained, operated or controlled by the Releasees. Participant hereby agrees to indemnify and hold the Releasees harmless from and against any and all liability, loss, damage or injury as well as all costs and expenses (including attorneys’ fees and costs of any suit related thereto), suffered or incurred by Releasees, to the extent arising from any of Participant’s actions whatsoever whether now or in the future, including but not limited to negligent, intentional or reckless misconduct, acts or omissions.
    Participant understands that there are inherent hazardous risks associated with the operation of heavy equipment which could include serious injury or death, and Participant freely assumes the risk of any and all injuries that Participant may sustain while using the provided Cat equipment and Cat dealer facilities. Participant hereby represents that Participant will agree to wear any safety attire which satisfies the requirements of Caterpillar safety standards and OSHA. Participant further assumes all responsibility of liability of the selection of such safety attire if not provided. Participant has no physical or medical condition which, to Participant’s knowledge, would endanger Participant or others if Participant participates in an equipment operating event or which would interfere with Participant’s ability to participate in said event. Participant agrees to any examination to determine Participant’s overall fitness to compete including but not limited to exams for alertness, sobriety and vision.
  1. Medical Treatment. In the event of an injury, accident or illness, Participant hereby consents to receive medical treatment which may be considered necessary or advisable in the judgment of a licensed physician or medically trained personnel. Participant understands that he or she will need to have his or her own insurance coverage in case of any injuries.
  1. Use of Likeness. Participant understands that Participant may be photographed at events and/or related activities held at or related to the Operator Challenge. Participant agrees to allow Caterpillar, Cat dealers, event holders, producers, sponsors, organizers and their assigns, without charge, to use Participant’s photo, video or film likeness for any purpose.
  1. Agreement to Be Bound. Participant certifies that Participant has read and understands the terms of this Agreement, and Participant acknowledges that this Agreement will be relied upon by Caterpillar, its employees, agents, event holders, sponsors and organizers of such activities and events in which Participant participates, and that this Agreement will govern all of Participant’s training, participation, volunteering and all other actions and responsibilities at each such Operator Challenge activity or event.
  1. Waiver and Severability. If any part of this Agreement, for any reason, is declared invalid or void, such declaration shall not affect the remaining portions of the Agreement which shall remain in full force and effect as if this Agreement had been executed with the invalid portion eliminated.
  1. Governing Law. Except to the extent that this Agreement may be governed by any federal law, this Agreement shall be governed by, construed and interpreted under, and enforced exclusively in accordance with the laws of the United States and Canada, and the courts in the state or province where the Operator Challenge occurs shall have jurisdiction with respect to any dispute arising hereunder.

2019 Open House

Join Holt of California for our Open House!
Friday, September 27th, 2019
10 AM to 2 PM

We're opening up our 7310 Pacific Avenue, Pleasant Grove facility.  Customers are invited to come check out Caterpillar's New Products and see Machine/Techology Demonstrations. Enjoy a tri-tip lunch and learn about all the services we offer to help you and your business succeed. 

Please RSVP by Friday, September 13, 2019

And make sure to check out the 2019 Cat Operator Challenge taking place during the Open House. This competition is an opportunity for you and your operators to show us what you're made off. If you think you have what it takes to win, sign up here. Applications being accepted now through Friday, August 30, 2019.

ThinkBIG - Thank You

Thank you for your interest in ThinkBIG. We will be in touch shortly with more information!

2019 Cat Operator Challenge Terms & Conditions

GLOBAL OPERATOR CHALLENGE CONTEST

Official Rules

1. ELIGIBILITY: The Caterpillar Global Operator Challenge is open to contestants who have been nominated for participation by a Caterpillar Participating Dealer (each such nominee a“Contestant”). Each Participating Dealer will conduct an Operator Challenge pursuant to such Participating Dealer’s terms and conditions, and rules to assess the performance of the contestants use of certain Caterpillar equipment (“Local Challenge”). Each Local Challenge isorganized and run by, and is the sole responsibility of, the relevant Participating Dealer. Each Participating Dealer will be eligible to nominate one or more contestants selected pursuant to the Local Challenge rules for participation in a regional challenge in the marketing region in whichthe Participating Dealer is located (each a “Regional Challenge”). Winners will be selected from each Regional Challenge to participate in the Global Operator Challenge (“Global Challenge”), which will be held in Las Vegas at the Construction Expo 2020. The Regional Challenge and the Global Challenge may be referred to as the “Contest.” For a list of Participating Dealers please refer to the web site link at: CatGlobalOperatorChallenge.com (each a “ParticipatingDealer”). For details of the Local Challenge entry terms and conditions, entry periods and other rules contact the relevant Participating Dealer.

To be eligible to apply to participate in the Contest, an individual must:

  1. Submit an entry application with the Participating Dealer;
  2. Be 21 years of age or older;
  3. Be authorized by a business that operates mobile construction equipment withinBe authorized by a business that operates mobile construction equipment withinthe service territory of the Participating Dealer and physically reside within suchservice territory in a state or country that permits participation in the Contest,where such business is not a competitor of any of the Sponsors;
  4. Contestants must be legally able to travel to the United States and the countryContestants must be legally able to travel to the United States and the countrywhere the relevant Regional Competition is being held for participation in theContest and have all necessary documentation as may be required for presentationto any governmental authority for entry into such country including, but notlimited to customs, immigration and airport personnel; and
  5. Be selected and nominated by a Participating Dealer for participation in theBe selected and nominated by a Participating Dealer for participation in therespective Regional Challenge, pursuant to the Local Challenge contest toevaluate operator skill based on rules and terms and conditions developed by suchParticipating Dealer.

Any official of a foreign government, and employees of such government and their immediatefamily members and household members of any of the above, are not eligible to participate inthis Contest.

The Sponsors shall have the right at any time to require proof of identity and/or eligibility to The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest, including, without limitation, proof of authorization by the Business during the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by, and supplied to, the Sponsors for the purpose of the Contestmust be truthful, complete, accurate and in no way misleading. The Sponsors reserves the right, in its sole discretion, to disqualify any contestant should such contestant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

All employees of Sponsors, Cat® authorized dealers, as well as all associated agencies and eachof their respective affiliates, sales representatives, distributors, licensees or agents (all of the foregoing, together with Sponsors, and their immediate family members (spouse, parent, child,sibling and their respective spouses) and those living in the same household of each (whether related or not), are ineligible to participate in the Contest. All applicable country specific, federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the Contest constitutes your full and unconditional acceptance of these Official Rules.

2. SPONSORS. Caterpillar Inc., having an office at 100 North East Adams Street, Peoria, 2. SPONSORS. Caterpillar Inc., having an office at 100 North East Adams Street, Peoria, Illinois, USA 61629 is the Sponsor of the Global Challenge (“Global Sponsor”) and the Sponsor of each Regional Challenge is as follows (each a “Regional Sponsor”): Caterpillar, Inc.for the Regional Challenges located in Clayton N.C., 1167 NC Highway 42, E. Clayton, NC27527, Caterpillar Centro de Formacion, S.L., Camino de Caterpillar 2, Santa Rosalia-Maqueda, Malaga E 29591 (Spain) for the Regional Challenge, located in Malaga, Spain, and Caterpillar Japan LLC, 7-1, Minatomirai 3-chome, Nishi-ku, Yokohama-shi, Kanagawa-ken 220-0012 Japan for the Regional Challenge located in Chicibu, Japan. Collectively, the Regional Sponsors andthe Global Sponsor may be referred to as “Sponsors.”

3. TIMING. Participating Dealers will conduct Local Challenges among the selected entrants to determine which entrants such Participating Dealer will nominate for the Regional OperatorChallenge. For dates and times for submission of an application to participate in a LocalChallenge, contact a Participating Dealer.

4. PARTICIPATING DEALER CONTESTANT SUBMISSION. Participating Dealers will nominate contestants from their Local Challenge for entry in a Regional Challenge designated for the relevant Participating Dealers marketing territory.

  1.  Regional Operator Challenge. The Global Operator Challenge will begin with Regional Operator Challenges, which will be conducted as set forth in the following table:
 Regional Operator Challenge Regional Operator Challenge Location Regional Operator Challenge Dates 
 US and Canada  Clayton, NC 21-25 October 2019 
South America  Clayton, NC  28-31October 2019 
 Europe and Middle East Malaga, Spain  8-11 October 2019 
 Asia Chichibu, Japan  18-22 November 2019 

The relevant Sponsor will conduct the Regional Operator Challenge competition to assess the Contestants’ skills in operating certain Caterpillar equipment. The criteria for assessing performance and the specific operator tasks to be performed in the Regional Challenge are as set forth below in Section 5. Sponsors reserve the right to modify, amend or cancel all or a portion of the specific criteria or operator tasks. The Regional Sponsors will collectively select nine (9) winners as follows:

  1. The Regional Sponsor for the Regional Challenge for the U.S. and Canada will select two winners;
  2. The Regional Sponsor for the Regional Challenge for South America will select one winner;
  3. The Regional Sponsor for the Regional Challenge for Europe and the Middle East will select three winners; and
  4. The Regional Sponsor for the Regional Challenge for Asia will select three winners.

Each Regional Challenge winner (“Regional Competition Winner”) will be eligible tocompete at the Global Operator Challenge.

      b. Global Operator Challenge. Each Regional Competition Winner will have theopportunity to compete in the Global Operator Challenge to be held in Las VegasTuesday March 10, 2020. In the event that a Regional        Competition Winner is unableto attend the Global Operator Challenge for any reason, Global Sponsor will selectthe substitute competitor from the relevant Regional Competition with the next bestscore for the Global Operator Challenge.

5. SELECTION OF REGIONAL AND GLOBAL CONTEST WINNERS.

Each Regional Sponsor will select the Regional Winner(s) based on the following general criteria:

  1. Complete the Regional Sponsor defined challenges and machine operationalrequirements in the shortest amount of time.
  2. Additional time will be added to overall challenge time, resulting from obstacle contact, unsafe machine practices and deviation from defined challenge goals and targets.
  3. Winners will be those with lowest overall times per defined challenges rules and will be identified at the end of each Regional Sponsor challenge program.

The Global Operator Challenge Sponsor will select three winners from among the GlobalChallenge contestants based on the following criteria: 

  1. Complete the Global Sponsor defined challenges and machine operational requirementsin the shortest amount of time
  2. Additional time will be added to overall challenge time, resulting from obstacle contact, unsafe machine practices and deviation from defined challenge goals and targets.
  3. Winners will be those with lowest overall times per defined challenges rules and will be identified at the end of each Regional Sponsor challenge program.

A complete set of the skills to be performed pursuant to the Regional and Global Challenge are set forth on the website: CatGlobalOperatorChallenge.com. The specific skills or challenges to be performed at a Regional Challenge or the Global Challenge may be modified or amended at any time prior to the start of the relevant Challenge in the Global or Regional Sponsor’s sole discretion.

6. PRIZES.

  1. Regional Contest Winners. There will be nine (9) Regional Challenge Contest Winners selected. Each winner will be awarded a trip to Las Vegas, NV to compete in the Global Competition on March 10, 2020 (“Regional Contest Prize”) consisting of: round trip Economy class Airfare selected by Regional Sponsor; hotel accommodations for four (4) nights at a hotel selected by Regional Sponsor; meals and local transportation in LasVegas. The approximate value of the trip is up to $10,000 per Winner.
  2. Global Operator Challenge Contest Winners. There will be three Global ChallengeContest Winners. Each Winner will receive a trophy, placards and other recognitionitems determined in Global Sponsor’s sole discretion and a trip (the “Global ContestPrize”) the location of which is determined in Global Sponsor’s sole discretion fromamong cities where Caterpillar has a production facility, such trip consisting of: roundtrip Economy class Airfare selected by Global Sponsor; hotel accommodations for four(4) nights at a hotel selected by Global Sponsor; meals and local transportation in thedestination city. The approximate value of the trip is up to $10,000 per Winner.

All expenses not specified herein as included are not included as part of the Prize, including without limitation all applicable taxes, any visa and/or travel permit costs, spending money and travel costs from the Winner’s home to the local airport are solely the Prize Winner’s responsibility.

Prizes are not redeemable or substitutable for cash. No substitution will be made except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize for one of equal or greater value (subject to applicable legal or regulatory limitations) if the Prize should become unavailable for any reason.

7. RELEASE. By participating in a Regional Challenge or the Global Operator Challenge or by accepting the Regional Contest Prize or the Global Contest Prize, Contestants agree to release and hold harmless Sponsors and its and their respective subsidiaries, affiliates, suppliers, distributors and each such company’s officers, directors, employees and agents (collectively, the“Released Parties”) from and against any claim or cause of action, including, but not limited to,personal injury, death, or damage to or loss of property, arising out of participation in the Contestor receipt or use or misuse of the prize or any portion of the prize.

8. PUBLICITY. Global and Regional Prize Winners (“Prize Winners”) shall make themselves available to appear in promotional videos, upon Sponsors’ request, during the calendar year 2020. Prize Winners shall further assist Sponsors, upon Sponsors’ reasonable request in other advertising and marketing promotion. A Prize Winner’s failure or refusal to participate in the publicity obligations as instructed by Sponsors, in Sponsors’ sole discretion, shall constitute a forfeiture of the Prize and Sponsors shall have the right to seek recovery of all moneys and expenses associated with the respective Prize as well as any provable damages associated therewith.

As a condition of entry into the Contest, except where prohibited by law, each Contestan tincluding the Winners, shall be required to sign a Media Release and Waiver of Liability and Indemnification to participate. The Media Release and the Waiver shall be provided to each Contestant no later than the first day of the Regional Challenge or the Global Challenge, as the case may be. Among other things, the Media Release shall grant to Sponsors and its, and their, affiliates, legal representatives, assignees and licensees, all rights, titles and interests to publicize, broadcast, display and/or otherwise use the Contestant’s voice, name, likeness, photograph, city, state, and/or biographical material (collectively, “Licensed Rights”) in any media now or hereafter known throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval of the Contestant.

9. GENERAL CONDITIONS. Sponsors reserve the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsors in their sole discretion. Sponsors reserve the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsors failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. LIMITATIONS OF LIABILITY. Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software (beyond Sponsors’ reasonable control); (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (5) any injury, death, or damage to property which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or receipt or use or misuse of any Prize. If a Regional Competition Winner is unable to attend the Global Operator Challenge for any reason, Global Sponsor will select a substitute competitor from the relevant Regional Competition with the next best score for the Global Operator Challenge. No more than the stated number of prizes will be awarded. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

11. DISPUTES. Except where prohibited, all Contestants agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, such Arbitration to be held in the city of Peoria, Peoria County, Illinois; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will the Contestants be permitted to obtain awards for, and Contestants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Illinois without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Illinois.

12. PERSONAL INFORMATION. The personal information collected through the Contest is subject to Caterpillar Inc.’s Global Data Privacy Statement, located at: https://www.caterpillar.com/en/legal-notices/dataprivacy.html. By entering the Contest, you agree to the use of your personal information as described in the above Global Data Privacy Statement and (for EU residents) the Contest Privacy Notice Located at CatGlobalOperatorChallenge.com

13. RULES/PRIZE WINNERS' LIST REQUESTS: A complete copy of these Official Rules or identification of the Prize Winners will be posted at: CatGlobalOperatorChallenge.com

14. PRIZE WINNER AFFIDAVIT AND RELEASE. Each Winner may be required to execute an affidavit and release (the “Affidavit and Release”) that confirms the Winner’s: (i) eligibility for the Contest and compliance with these Official Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsors and its parent companies, subsidiaries, affiliates and/or as offered; (iii) release of the Sponsors 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 from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse ofany 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 Sponsors the unrestricted right, in the Sponsors’ sole discretion, to produce, reproduce, publish,reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Winner’s 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, if required, must be returned within ten (10) days of the verification as a Winner or the selected Contestant will be disqualified, and the Prize forfeited.

15. TRADEMARK/COPYRIGHT: All content on the CatglobalOperatorChallenge.com and all related sites of Sponsors relating to the Global Operator Challenge Contest (collectively the“Sites”), 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 Site are the property of either the Sponsor, its respective affiliates, or third parties that have licensed content and software for use on the Site. 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., Canadian, and international copyright laws. All content and other copyrightable material may be used only as provided in these Official Rules. All rights not expressly granted in these Official Rules are reserved.

16. SEVERABILITY: Any term or provision of these Official Rules that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. Sponsors agree to attempt in good faith to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the purpose and intent of such invalid or unenforceable provision.

17. TERMINATION: The Sponsor reserves the right, in its sole discretion, to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Official Rules in any way, at any time, for any reason and without prior notice.

© 2019 Caterpillar Inc. All Rights Reserved.