Contest may only be entered in or from the 50 United States (excluding Arizona, Maryland and North Dakota) and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States.
1. How to Enter. To enter the Zespri SunGold Recipe of the Month contest (“Contest”), go to www.zespri.com/en-US/socialcontestrules (“Site”), read the Official Rules, log in to your Twitter or Instagram account and post a photo (“Photo”) of a meal that you have cooked at home using Zespri SunGold kiwifruit and include a creative tweet/caption describing your meal (“Caption”) to Twitter or Instagram. The Photo must be your original work and your Caption must include the required hashtags #ContestEntry and #SunGoldRecipe to be considered a valid entry.
If you enter via Twitter, you must be an active holder of a non-private Twitter account (i.e., you must make sure your tweets are set to “public” and not “private”). If you enter via Instagram, you must make sure the “Photos Are Private” option in the account settings on your Instagram account are set to “OFF”.
Individuals who do not follow all of the instructions, provide the required information, use the required hashtags (i.e., #ContestEntry and #SunGoldRecipe), and/or abide by these Official Rules or other instructions of Sponsor may be disqualified in Sponsor’s sole discretion. Contest entries must comply with the entry requirements, including the Guidelines and Restrictions set forth in Section 4, to be valid.
As used herein, “Submission” (and/or “Submissions”) refers to all content you submit in connection with the Contest (including, but not limited to, any Photos, Captions, tweets, descriptions, explanations, hashtags, etc.). Sponsor reserves the right to remove any Submission that does not adhere to the entry requirements, as determined in Sponsor’s sole discretion, and/or disqualify the entrant. All Submissions must be in compliance with the Twitter/Instagram format requirements. Submissions must be in English.
Limit one (1) Submission per person for each Contest Month regardless of method of entry. Non-winning Submissions will carry over to subsequent Monthly Contest Judging Panels (if applicable).
If you choose to enter via Twitter or Instagram using your mobile device, standard data fees may apply. You should consult your wireless service provider's pricing plan for details. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
By entering a Submission into the Contest, you hereby warrant and represent that your Submission conforms to the entry requirements and Official Rules set forth herein.
By entering, each entrant warrants and represents the following with respect to his or her Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing in the Submission have given entrant appropriate consent to be used in accordance with these Official Rules.
Providing a Submission constitutes entrant’s consent to grant Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including but not limited to on any and all Internet media, including Sponsor’s web sites and properties and on social networking sites (i.e., Facebook, YouTube, Twitter etc.), for any legal purpose whatsoever.
All entrants must have a valid email address. No automated entry devices and/or programs permitted. Receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed Submissions are eligible. Proof of Submission will not be deemed to be proof of receipt by Sponsor.
All terms and conditions of Twitter.com and Instagram.com apply. Multiple entrants are not permitted to share the same Twitter or Instagram account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Twitter or Instagram accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Twitter or Instagram account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
2. Start/End Dates.
The Contest begins at 12:00:00 am Eastern Time (“ET”) on June 3, 2021 and ends at 11:59:59 pm ET on September 30, 2021 (“Contest Entry Period”). Each month of the Contest Entry Period will be referred to as a “Contest Month”.
3. Eligibility. Participation open only to legal residents of the fifty (50) United States (excluding Arizona, Maryland and North Dakota) and the District of Columbia who are at least 18 years of age and the age of majority in their state of residence as of date of entry. Void in Arizona, Maryland and North Dakota and where prohibited, taxed or restricted by law. Employees, officers and directors of Zespri Group Ltd. (“Sponsor”), and its parent company, 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. You are not authorized to participate in the Contest if you are not located within the 50 United States (excluding Arizona, Maryland and North Dakota) or the District of Columbia. All federal, state and local laws and regulations apply.
4. Submission Guidelines and Content Restrictions: By entering, each entrant agrees that his or her Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.
· The Photo must contain a photograph of a meal the entrant cooked at home using Zespri SunGold kiwifruit.
· The Submission must be in English.
· The Submission must include the required hashtags #ContestEntry and #SunGoldRecipe.
· 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 Sponsor or any other person or party;
· The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
· 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 the United States or of any jurisdiction where Submission is created;
· 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; and
· The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Contest.
Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
5. Judging Panel/Judging Criteria. Approximately fifteen (15) days after the end of a Contest Month, all eligible Submissions submitted for that Contest Month will be judged by Sponsor and/or Sponsor’s representatives. Non-winning Submissions will carry over to subsequent Contest Month Judging Panels (if applicable). One (1) winner will be selected for each Contest Month based upon the following equally-weighted criteria: (a) visual appeal and (b) engaging
nature of Photo and Caption (the “Judging Criteria”). The entrant whose Submission receives the highest total score for that Contest Month will be that Contest Month’s winner (each a “Monthly Winner”), subject to verification. Sponsor’s decisions are final and binding in all aspects. In the event of a tie, the highest score in the visual appeal category will determine the Monthly Winner.
6. Monthly Prizes. Each Monthly Winner will receive a prize consisting of Zespri SunGold Kiwifruit, a prepaid $50 gift card and a branded Zespri Kiwifruit Spoon. Approximate Retail Value (“ARV”) of each Monthly Prize: $75.00. The difference between any stated value and actual value will not be awarded to winner. Limit: one (1) prize per person/household.
Prizes are non-transferable. Gift card terms and conditions apply. No substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All taxes and unspecified expenses are the responsibility of Monthly Winners (each a “winner”).
7. Notification. Approximately one (1) day after a Contest Month’s Judging Panel, that Contest Month’s potential winner will be notified via @reply (on Twitter) or comment (on Instagram). Potential winners may be required to sign and return, where legal, an Affidavit or Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) calendar days of prize notification. Potential winners will be required to email Sponsor within five (5) calendar days in order to claim their prize. Additionally, potential winners may be required to submit releases from any and all third parties appearing in their respective Submissions. If any potential winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score for that Contest Month. Upon prize forfeiture, no compensation will be given.
8. Conditions. 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. Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Contest and/or acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, Twitter, Inc., Instagram, and their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or 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. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, epidemics, pandemics, weather or acts of terrorism.
9. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. 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. 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. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. 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 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 entrant 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 entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT 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.
10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY SITES, AND/OR FROM DOWNLOADING AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
13. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by November 1, 2021 to: Zespri SunGold Recipe of the Month Contest – Winners’ List; c/o Zespri Brand Team, 567 San Nicolas Drive, Suite 400 Newport Beach, CA 92660.
14. Sponsor. Zespri Group Ltd., 567 San Nicolas Drive, Suite 400 Newport Beach, CA 92660.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER OR INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO TWITTER OR INSTAGRAM.