KOMATSU SURVEY RAFFLE OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE. MUST BE 18 YEARS OF AGE TO ENTER.

Komatsu America Corp. ("Komatsu") is offering participants a chance to enter a raffle to win 1 of 20 Komatsu diecast models for completing the MyKomatsu Customer Portal Survey, (the "Contest"). The Contest is governed by these Rules and any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest ("Participant") agrees to be bound by the terms and conditions set forth in these Rules, as well as by all interpretations of these Rules by Komatsu and by all other decisions of Komatsu which are final and binding in all matters relating to the Contest.

NO PURCHASE NECESSARY:

No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.

APPLICABLE LAW (VOID WHERE PROHIBITED):

The Contest is subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.

CONTEST SPONSOR:

The sponsor of the contest is Komatsu America Corp. (the "Sponsor").

CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:

Komatsu reserves the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, computer virus, "bugs", tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest. The decision of Komatsu to cancel, terminate, modify or suspend the Contest shall be final in all respects.

ELIGIBILITY:

Geographical, Age and Parental Consent Requirements: The Contest is open to any legal United States resident who is at least 18 years of age or older and has existing internet service at time of entry.

Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, volunteers, contractors and agents of Komatsu, and any other entity involved in the sponsorship, development, production, implementation and distribution of the Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.

HOW TO ENTER:

Entry Period: The Contest begins at [Insert Open Period Here] Eastern Standard Time on [Date] and ends at [Insert Time Here] PM Eastern Standard Time on Saturday, May 29, 2021.

Contest Entry: To enter, during the Entry Period, Eligible Participants must complete the MyKomatsu Customer Portal Survey (the “Survey”). Customers may complete the survey anonymously, in which case Customer will be deemed to have declined participation in the Contest and will not be included in the Contest as a Participant.

For purposes of entry, the individual(s) named in the Survey will be deemed the Participant.

Winners will be selected at random from all entries submitted by Participants through the Survey.

Multiple Submissions: Participants may only submit one (1) entry into the raffle via submission of a Survey.

Disclaimer of Responsibility for Entries: Komatsu is not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Komatsu.

False, Fraudulent or Deceptive Submissions, Entries or Acts: Participants who, in the view of Komatsu, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.

PARTICIPATION PROBLEM DISCLAIMER:

Even if alleged to be caused by the sole or partial negligence of Komatsu, Komatsu is not responsible for any problems which affect or result from participation or attempted participation in the Contest, including, but not limited to the following:

  1. Incorrect, incomplete or inaccurate entry information;
  2. Human errors;
  3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
  4. Identity theft;
  5. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
  6. Network hackers or other unauthorized access to Komatsu's computer network;
  7. Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
  8. Printing errors;
  9. Electronic or technical difficulties;
  10. Equipment malfunctions; and
  11. Late, misdirected or lost entries.

PRIZES:

A total of twenty (20) Komatsu diecast models will be awarded from all eligible entries received during the Contest Period, per the Winner Selection criteria below. The total ARV of all prizes in contest is $3,730.

TAXES:

The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.

WINNER SELECTION:

Winners will be selected at random from all entries received by Participants through completion of the Survey. Winners will be selected by using an Excel RANDBETWEEN formula. There will be up to forty (40) Winners total. Winners will be selected on June 30th, 2021 and they will be contacted by email by Michael Carranza mcarranza@komatsuna.com. Each Winner will win one (1) Komatsu die cast model.

HOW TO CLAIM A PRIZE:

Prerequisites to Prize Award: Prior to receiving the prize, the winner will be required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Komatsu reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in Komatsu's sole discretion.

The winner is required to execute an Affidavit of Eligibility/Release of Liability, a completed IRS W-9 and a Publicity Release before the prize is awarded. By entering the Contest, Participant agrees to execute these documents if selected as a Winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.

Claiming the Prize: Komatsu will initially send, via mail or electronic mail, the Winner any required documents which need to be completed along with a return, pre-paid overnight delivery air bill (or pre-paid postage authorization). The winner must execute and return the completed forms within five (5) business days of receipt of the forms. Failure to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the prize.

Once Komatsu receives the completed forms and/or all other prerequisites have been satisfied, Komatsu will coordinate with the Winner to redeem the prize.

Prize Forfeiture: Where the winner is found to be ineligible or to have violated any Rules, or if Komatsu is unable to contact a winner within fifteen (15) days after selection for any reason, the prize may be forfeited. Any such forfeiture decision will be made solely by Komatsu. Komatsu reserves the right, in its sole discretion, to award unclaimed prizes to alternate Participants or not to award the unclaimed prizes.

WARRANTIES AND REPRESENTATIONS:

By entering and participating in the Contest, and in consideration thereof, Participant individually warrants and represents to the Contest Entities that they: (i) meet the eligibility requirements at the time of entry; (ii) will not violate the entry criteria; (iii) agree to abide and be bound by these Rules, and by all applicable laws and regulations, and the decisions of Komatsu; and (iv) waive any rights to claim ambiguity with respect to these Rules;

RELEASE OF LIABILITY AND INDEMNIFICATION:

As consideration for entering the Contest, Participant agrees to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Komatsu America Corp. and any other of the Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, volunteers, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the Released Parties), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

Additionally, as consideration for entering the Contest, Participant agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

PUBLICITY RELEASE:

Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Komatsu and the other Contest Entities (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on their website, in photographs, video recordings, digital images, audio recordings, publications, newsletters, news releases, promotional or other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Komatsu and/or the Released Parties deem proper. Such reference and discussion may include (but not be limited to) Participant's name and other personal/biographical material.

DISQUALIFICATION:

Participant agrees to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Komatsu, in its sole discretion, further reserves the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.

CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, KOMATSU RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

RULES CHANGES AND INTERPRETATIONS:

Komatsu reserves the right in its sole discretion to supplement or make changes to these Rules at any time without notice. Komatsu also reserves the right in its sole discretion to interpret the Rules, and such interpretation shall be binding upon all participants.

GOVERNING LAW AND JURISDICTION:

This Contest shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to conflict of laws principles. By entering the Contest, Participants hereby submit to the exclusive jurisdiction and venue of the federal and state court(s) residing in Cook County, Illinois and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of the Contest.

GENERAL RULES/LIST OF WINNERS:

Copies of these Rules may be obtained by sending a self-addressed stamped envelope to: MYKOMATSU CUSTOMER PORTAL SURVEY CONTEST Official Rules, Komatsu America Corp., 8770 W. Bryn Mawr Ave. Suite 100, Chicago, Illinois 60632 or by visiting www.komatsuamerica.com/rafflerules.

For a list of the Contest winner(s) send a self-addressed, stamped envelope to: MYKOMATSU CUSTOMER PORTAL SURVEY CONTEST Winners List, Komatsu America Corp.,n 8770 W. Bryn Mawr Ave. Suite 100, Chicago, Illinois 60631.

SPONSOR:

Komatsu America Corp.
8770 W. Bryn Mawr Ave., Suite 100
Chicago, Illinois 60631