ZESPRI GIFT CARD GIVEAWAY RULES
The following rules apply to the Zespri Gift Card Giveaway (the "Giveaway"). By entering the Giveaway, you agree to these binding 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 Group Limited ("Zespri"), located at 400 Maunganui Road, Mount Maunganui 3116, New Zealand.
Eligibility. The Giveaway is open to all legal residents of the 50 United States or the District of Columbia 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").
How to Enter. The entry period begins October 12, 2022 at 12:00 am (Pacific Daylight Time) and ends December 2, 2022 at 11:59 pm (Pacific Standard Time). To enter the Giveaway, complete and submit the Zespri Customer Survey shown after you scan the QR code included in select Zespri kiwifruit packs. You may also enter the Giveaway without completing and submitting a survey by emailing ZespriContest@zespri.com with an email that includes your name and the phrase "Enter me into the Zespri Gift Card Giveaway." Only one entry per person is permitted. If you submit more than one entry during the entry period, all of your entries will only count as one entry. All of your entries will be disqualified if: (i) you attempt to use more than one email account to submit entries to the Giveaway; or (ii) you attempt to cheat, tamper with the systems used to operate the Giveaway, or otherwise interfere with the legitimate operation of the Giveaway. If Zespri does not receive your entry for any reason outside of Zespri's control, your entry will be disqualified. Proof of submission will not be deemed as proof of receipt by Zespri. Zespri is not responsible for any entry that is lost, late, incomplete, invalid, unintelligible, undeliverable, or misdirected, whether due to technical errors, omissions, or otherwise.
Prize. One prize of a $500 electronic Visa gift card will be awarded to one winner selected at random from among all eligible entrants after the entry period ends, as long as the winner complies with these rules. The prize has a total approximate retail value (ARV) of USD $500. Zespri will email the prize to the winner at the email address that the winner submitted as part of their entry and is not responsible for any email transmission that fails to deliver through no fault of Zespri. The potential winner will be notified via the contact details they included in their entry, and must respond to the notification attempt within three days of when it was sent. To receive the 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 two business days 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 the prize for any reason prior to award, Zespri will award the 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 substituted for a physical gift card or any other prize, or exchanged, transferred or assigned except with Zespri's written consent. Zespri will not replace any lost or stolen prizes. 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. The winner must comply with all terms and conditions that apply to the use of the gift card.
Odds. The odds of winning are equal to one divided by the total number of eligible entries in 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.
Winner Disclosure. For the name of who won the Giveaway, email your request after the entry period ends to ZespriContest@zespri.com and Zespri will respond accordingly. Requests received six months after the prize is awarded will not be honored.
ZESPRI GIFT CARD GIVEAWAY PRIVACY NOTICE
This Zespri Gift Card Giveaway Privacy Notice ("Privacy Notice") describes the categories of personal information that we, Zespri Group Limited, collect and the purposes for which we use the personal information, when you submit an entry into the Zespri Gift Card Giveaway ("Giveaway"). We collect personal information that you submit with your entry into the Giveaway, including your name, email address, age range and any information that you voluntarily submit via the Zespri Giveaway Survey, your emailed entry or your affidavit of eligibility. We use your personal information for the purposes of administering the Giveaway and exercising or discharging our rights and obligations under applicable law. We also use any information that you voluntarily submit via the Zespri Giveaway Survey to understand how consumers view and use our products and analyze ways in which we can improve our products, services and business. We may also disclose personal information about Giveaway entrants and the winner to government entities and other third parties, as permitted or required by applicable law. For additional information about how Zespri uses personal information and your privacy rights, please see Zespri's Privacy Statement, which includes a link to our California Consumer Privacy Act Policy, at https://www.zespri.com/en-US/privacypolicy.