Zespri Christmas Contest 2022
Overview of contest
Date of Contest Launch:10 December 2022
Duration of Competition Period:11 Days – 10 December to 20 December
at 23:59 (GMT +8)
What: Zespri Christmas Contest 2022
Terms and Conditions:
- Zespri International (Singapore) Pte Limited (hereinafter referred to as the “Sponsor”) reserves the right to make any changes, modifications, or additions to these Terms and Conditions as they see fit without prior notice at any time and all participants shall be bound by such changes.
- Contest is opened to participants legally residing in Singapore who are at least 18 years of age as of date of entry. Employees, officers and directors of the Sponsor, and its parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.
- All participants must complete the following pre-requisite requirements to be eligible to take part in the Zespri Christmas 2022 Contest (hereinafter referred to as the “Contest”):
- Post a photo of a Kiwi-tree that prominently features the Zespri™ Green and/or Zespri™ SunGold™ Kiwifruit (the "Photo") on public Instagram feed (non-private account).
- The Photo(s) must be the participant's own original work and his/her caption to include the required hashtag the #ZespriKiwitree and tag @ZespriSG (together with the Photo(s) and all other content that the participant may submit in connection with the Contest, the "Submission").
- A participant may be required to provide evidence of their registered Instagram account for verification should verification be required by the Sponsor (in its sole and absolute discretion).
Content Restrictions – in the Sponsor’s sole and absolute opinion (including but not limited to):
- The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- The Submission must not in any way disparage the Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libellous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of Singapore, or of any jurisdiction where Submission is created; and
- The Submission cannot promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- The Submission must be consistent with the image and values of Sponsor (determined in the Sponsor's sole and absolute discretion) and be consistent with and satisfy the purpose of the Contest – to portray the Zespri Kiwifruits in a favourable and appetizing light (the "Purpose"). Ten (10) participants who fulfil the Purpose and all requirements of the Contest (including but not limited to the pre-requisite requirements and content restrictions set out in Clause 3 and the Terms and Conditions set out herein) will be selected based on the quality of the image aesthetics (creative and appetizing) after the closing date (20 December 2022 at 23:59) of the Contest as prize winners. The decisions of the Sponsor (or its appointed representative) and the results of the selection process are final and binding in all respects.
- The approximate retail value of one (1) prize package is approximately $60 Singapore Dollars. A prize package consists of six (6) punnets of Zespri Kiwifruit and one (1) pair of Zespri Brother plushies (collectively, the "Prize"). Each Prize must be accepted as awarded, and each Prize is awarded “as is” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. No substitution, assignment or transfer of a Prize is permitted, except by Sponsor, who reserves the right to, in its sole and absolute discretion, substitute a Prize with another prize of equal value. If a winner does not wish to accept the Prize or is uncontactable within 2 days after the announcement of the winners, each such action will be deemed as a forfeiture of the Prize and the Contest by the winner and an alternate replacement winner will be selected based on the ask for the most creative Kiwi-tree image (favourable and appetizing Kiwi-tree with creative decorations) from the pool of eligible entrants. All details of the Prizes not set forth herein will be determined by Sponsor in its sole and absolute discretion. Any taxes in relation to the Contest and the Prizes are the sole responsibility of the winners.
- The Sponsor (or their appointed representative) will contact the winning participants via Instagram direct message. Following successful verification of prize winners’ identity and contact details via Instagram direct message, the Prize will be arranged to be sent to each winning participant’s mailing address as provided.
- By entering a Submission into the Contest, each participant warrants and represents that: (a) the Submission conforms to the entry requirements and he/she has complied with the Terms and Conditions set forth herein; (b) the participant is the sole and exclusive owner of the Submission and all intellectual property rights associated with the Submission; (c) the Submission will not infringe on the rights of any third parties; (d) the entry of the Submission does not result in a breach of contract between the participant and a third party; (e) any third party whose rights subsist in the Submission has given to the participant the appropriate consent for the Submission to be used in accordance with the Terms and Conditions contained herein.
- The entry of a Submission by a participant and/or acceptance of a Prize constitutes irrevocable consent by the participant for the Sponsor to the use of the participant's Submission, name, biography, image, voice, photographs, video, opinions, statements, hometown, state and country in any manner (including, without limitation, reproduce, modify, publish, create derivative works from, and display such Submission in whole or in part, and to incorporate it into other works), or in any media (including, without limitation, all internet media, now known or later developed), worldwide, in perpetuity, sub-licensable, and without further payment, consideration, notice, review or consent, for the purposes of promotion, publicity and advertisement, without any compensation or need for prior notification to the participant. The Sponsor shall not be liable or responsible in the event Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.
- The Sponsor shall not be responsible for or accept any liability whatsoever arising or suffered by any participant or third party resulting directly or indirectly from the Contest and/or the Prizes. Participants shall hold the Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”) harmless from all liability and responsibility for any liability, mishap, injury, damage, claim or accidents, cost or expenses resulting from or in connection with their participation in the Contest, the redemption, possession, acceptance and/or use or misuse of any Prizes, the participation in any Contest-related activity, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.
- The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, epidemics, pandemics or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. The Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or any web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other participants or sponsor's representatives. Any attempt by a participant to deliberately damage any web site or undermine the legitimate operation of the contest may be a violation of criminal and civil laws and should such an attempt be made, the sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
- The Sponsor reserves the right to remove any Submission that does not adhere to the pre-requisite requirements, the content restrictions, or any other Terms and Conditions stated herein, as determined in Sponsor’s sole discretion, and/or disqualify a participant.
- All terms and conditions of Instagram apply. Each participant shall be solely responsible for their compliance with the terms and conditions of Instagram.
- By participating in this Contest, participants agree to be bound by these Terms and Conditions, and all decisions by the Sponsor are final and binding.
- The Sponsor’s decision on all matters relating to this contest shall be final, conclusive and binding. The Sponsor is not obliged to give any reasons to any participant on any matter in relation to the Contest.
- The competition is in no way sponsored, endorsed or administered by Instagram.
- This Contest is governed exclusively by the laws of Singapore.
- Each participant waives all rights to trial in any action or proceeding instituted in connection with these Terms and Conditions, including, without limitation, the Contest. A participant or the Sponsor (or its authorised representative) must, as soon as reasonably practicable, give the other party notice of any dispute arising in respect of, or in connection with, these Terms and Conditions (the “Dispute”). If the parties are unable to resolve the Dispute within 10 Business Days, the parties will attempt to resolve the Dispute in good faith using mediation or some other agreed form of alternative dispute resolution.
- If any term of these Terms and Conditions is held to be invalid, illegal or unenforceable, it will be severed and the remainder of these Terms and Conditions will remain in full force and effect.