ZESPRI FIREFLY VIP PASSES GIVEAWAY RULES
The following rules apply to the Zespri Firefly VIP Passes Giveaway (the "Giveaway"). By entering the Giveaway, you agree to these rules. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE GIVEAWAY IS VOID WHERE PROHIBITED BY LAW.
Sponsorship. The Giveaway's sponsor is Zespri International Ltd.Group Limited ("Zespri"), located at 400 Maunganui Road, Mount Maunganui 3116, New Zealand. The Giveaway is in no way sponsored, endorsed or administered by, or associated with, Instagram.
Eligibility. The Giveaway is open to all legal residents of the United States who are at least 13 years of age or older. If you are over 13, but still a minor under the laws of your place of residence, you must get permission from a parent or legal guardian before entering, and by entering you confirm that you have done so. Consent shall be verified for any potential winner who is a minor. The following are not eligible to participate: Representatives, officers, directors, employees, or the immediate family members of such individuals, of Zespri, its affiliates, or any entity involved in the development, production, implementation, administration or fulfillment of the Giveaway (collectively, "Zespri Parties").
Prize. One prize of four Firefly Music Festival 2022 VIP Passes will be awarded to one winner selected at random from among all eligible entrants, as long as the winner complies with these rules. The prize has a total approximate retail value (ARV) of USD $2956. Zespri will cover the costs of shipping the prize to the winner. The potential winner will be notified via the account they used to submit their entry, and must respond to the notification attempt within 24 hours of notification. To receive a prize, the potential winner must submit all information that Zespri requires to deliver them their prize and comply with applicable laws. Unless Zespri is satisfied that a potential winner is eligible to win the prize, the potential winner must sign and return to Zespri, within 24 hours of the date the affidavit is sent, an affidavit of eligibility declaring that the potential winner is eligible to win the prize in accordance with these rules to claim their prize. If a potential winner cannot be contacted or fails to return the affidavit of eligibility within the required time period, the potential winner forfeits the prize. In the event that a potential winner is disqualified because they failed to comply with these rules, or declines a prize for any reason prior to award, Zespri will award the applicable prize to an alternate winner by random drawing held by Zespri from among all remaining eligible entries. Zespri will only conduct three alternative random drawings and if the prize remains unclaimed at the end of this process, the prize will not be awarded to anyone. The prize may not be exchanged, transferred or assigned except with Zespri's written consent. The winner is solely responsible for any taxes or reporting obligations resulting from the prizes. Any difference between the stated ARV and actual value of the prize will not be awarded.
Odds. The odds of winning are equal to one divided by the total number of eligible entrants to the Giveaway.
Limitation of Liability. You agree that Zespri Parties and their respective affiliates, suppliers, employees and agents (collectively, the "Released Parties"), shall not be responsible or liable for any losses, damages or injuries of any kind resulting from your participation in the Giveaway or any Giveaway-related activity, unless occasioned by their gross negligence or willful misconduct. To the maximum extent permitted by law, you agree to fully indemnify each Released Party from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any breach by you of these rules or any misrepresentation made by you in connection with the Giveaway.
Uncontrollable Events. In the event the operation or integrity of the Giveaway are compromised by an event beyond Zespri's reasonable control, Zespri may suspend, modify or terminate the Giveaway. Should the Giveaway be terminated prior to the stated expiration date, Zespri may award the prize based on the entries received before the termination date.
Disputes. The laws of the State of California, excluding its choice of law provisions, will govern these rules and any dispute, claim or cause of action ("Claim") that arises between you and Zespri. Any Claim arising out of or connected with this Giveaway or any prize awarded shall be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Zespri. However, this arbitration agreement does not bar you from making use of applicable small claims court procedures in appropriate cases. This arbitration agreement will apply to you and Zespri indefinitely, even after the Giveaway have ended. If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Legal@zespri.com. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.
Class Action Waiver. Any Claim must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action") except that an individual may seek in the arbitration public injunctive relief, and the AAA may include such relief in the award, where applicable. The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. If for any reason a Claim proceeds in court rather than in arbitration, you and Zespri each waive any right to a jury trial.
Privacy. Zespri collects personal information that you submit with your entry into the Giveaway and which Zespri requests to administer the Gateway, which may include your and your friends' name, Instagram handle, contact information, and other information you voluntarily provide to us. You may only submit the information of your friends or other third parties with their prior consent. We use your personal information for the purposes of administering the Giveaway and exercising or discharging Zespri's rights and obligations under applicable law. Your post on Instagram may be visible to all users of the service. Zespri may also disclose personal information about Giveaway entrants and winners to government entities and other third parties, where required by applicable law. For additional information about how Zespri uses personal information and your privacy rights, please see Zespri's Privacy Statement at https://www.zespri.com/en-US/privacypolicy.