Fresh Del Monte – Kung Fu Panda: The Dragon Knight Promotion: Enter for a Chance to Win A Trip
For Four to Universal Studios Hollywood!
These are the terms and conditions (the “Terms”) for the Fresh Del Monte – Kung Fu Panda: The Dragon Knight Promotion. The Terms prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/claim instructions form part of the Terms and, by participating, all participants will be deemed to have accepted and agree to be bound by these Terms. NO PURCHASE NECESSARY.
1 THE PROMOTER
The promoter is Del Monte Fresh Produce N.A., Inc., 241 Sevilla Ave, Coral Gables, FL 33134 (the “Promoter”).
2 HOW TO ENTER
2.1 The promotion will run from 9:00am EST on Wednesday, March 1, 2023 (the “Opening Date”) until 11:59pm EST on Sunday, April 30, 2023 (the “Closing Date”) inclusive.
2.2 There are two ways to enter the promotion. You can either: (i) using your tablet or other mobile device, scan the QR code found on the packaging of a select few of the Promoter’s Del Monte® fresh ruit products (the “QR Code”) and complete the entry form at freshdelmontefun.com (the “Website”) to which the QR Code directs you (NO PURCHASE NECESSARY); or (ii) simply complete the entry form on the Website. All entries are treated equally, regardless of route of entry.
2.3 Upon entering the promotion’s website, you will be invited to participate in a trivia quiz. The trivia is online, optional, and free to play. Upon completing or skipping the trivia, you will be able to submit an entry form. Only the entry forms submitted before the Closing Date will be placed into a pool of potential winners. There will be two (2) pools of potential winners: (i) entries from participants in the fifty (50) United States or the District of Colombia, and (ii) entries from participants in Canada, excluding Quebec (each, a “Pool”). There will be one (1) winner randomly selected from each Pool who will win the Prize (as defined below). Canadian resident winner will be required to successfully answer a mathematical skill-testing question prior to being able to accept the prize. The draw will take place within 28 days of the Closing Date under the supervision of an independent observer.
2.4 All promotion entries must be received by the Promoter on or before the Closing Date. All promotion entries received after the Closing Date are automatically disqualified.
2.5 No purchase necessary and there is no charge to access the QR Code. Internet access required.
2.6 The Promoter will not accept responsibility for promotion entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
2.7 By submitting an entry form, you are agreeing to be bound by these Terms.
3.1 The promotion is only open to legal residents of the United States (including the District of Columbia) and Canada (excluding Quebec) who are 18 years or over, except:
(a) employees of the Promoter or its holding or subsidiary companies;
(b) employees of Universal Studios Hollywood, agents or suppliers (including prize suppliers) of the Promoter or its holding or subsidiary companies, who are professionally connected with the promotion or its administration; or
(c) members of the immediate families or households of (a) or (b) above.
3.2 In entering the promotion, you confirm that you are eligible to do so and eligible to claim and use any prize you may win (including that you are able to lawfully travel to the United States of America). The Promoter may require you to provide proof that you are eligible to enter the promotion and use the Prize.
3.3 The Promoter will not accept promotion entries that are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, have been altered, reconstructed, forged or tampered with;
(e) on behalf of another person; or
(f) joint submissions.
3.4 Each participant shall be limited to one entry per person.
3.5 Any breach of this clause 3 by a participant will automatically disqualify such participant’s entry.
4 THE PRIZE
4.1 There are two prizes available, one for each Pool. Each winner will receive a trip for three (3) consecutive days and two (2) nights for winner and up to three (3) guests to Universal Studios Hollywood in Los Angeles, California (the “Prize Location”). Each trip includes:
(a) round trip economy class air transportation for Grand Prize Winner and up to three
(3) guests from a major commercial airport near Grand Prize Winner’s home (as
determined by the Promoter in their sole discretion) to Los Angeles, CA;
(b) two (2) nights’ standard hotel accommodation (one room, quadruple occupancy,
room and tax only) at the Sheraton Universal Hotel or at another nearby hotel (as
determined by the Promoter in their sole discretion);
(c) non-exclusive ground transportation to and from airport and hotel in Los Angeles, CA;
(d) 2-Day General Admission tickets to Universal Studios Hollywood theme park for Grand Prize Winner and up to three (3) guests.
4.2 The Approximate Retail Value (“ARV”) of the prize is Four Thousand Seven Hundred and Forty-Six United States Dollars ($4,746.00 USD). The actual value of the trip will vary depending on various factors, including the date of booking, the point of departure, and the dates of travel.
4.3 There is only one Prize per Pool and only one winner will be selected per Pool. The odds of being selected as a winner depend upon the total number of eligible promotion entries per Pool received by the Promoter on or before the Closing Date.
4.4 The trip must be completed by April 30, 2024 or the prize will be forfeited. Travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Travel dates are subject to the Promoter’s approval. Reservations are subject to availability. Trip must be booked at least sixty (60) days prior to intended departure date.
4.5 If the winner elects to partake in any or all portions of the trip with fewer than the allotted number of guests or no guests, the Prize will be awarded to winner and each participating guest and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Unless child or ward of Winner or one of the allotted guests, each guest must be eighteen (18) or older as of the date of departure and must travel on the same itinerary and at the same time as the Winner.
4.6 The Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of the winner. The winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, baggage fees, and security charges. Winner and guests are responsible for obtaining, at their own expense, any necessary travel documentation (i.e. valid photo identification, visas, passports, etc.) prior to travel. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through the Promoter. For a winner who is a California resident, air transportation may be substituted with another method of transportation by Promoter in its sole discretion. The winner and his/her guests must travel on the same itinerary.
4.7 Winners may be required to comply with certain COVID-19 protocols and measures that are imposed by airlines, governmental authorities, Universal Studios Hollywood or otherwise, including but not limited to wearing a mask, observing social distancing and quarantining, and you agree to comply with such protocols and regulations.
4.8 In connection with any visit to Universal Studios Hollywood, please be advised that Promoter’s and Universal Studios Hollywood’s policies, CDC guidelines, and the recommendations of health officials must be followed. In addition, guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Universal Studios Hollywood destination. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Promoter and Universal Studios Hollywood cannot guarantee that any person will not be exposed during a visit.
By accepting the Prize, Winner, on behalf of him or herself and on behalf of any individuals who use the Prize, expressly assumes the risk that during use of the Prize they may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases. Winner and Guests, if any, expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases.
4.9 All Prize Packages are subject to availability and blackout dates, and subject to change without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, and any related governmental or judicial actions taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Promotion occurs, render the redemption or fulfilment of some or all of the Prize delayed, hindered, adversely affected, impracticable, or impossible, Promoter in its sole and absolute discretion, reserves the right to evaluate and make modifications to the redemption and fulfilment processes and timelines for the Prize Packages or portion of the Prize Packages for which
Promoter is responsible for, which may include but is not limited to providing additional time for redemption and/ or fulfilment. Should the Prize Packages become unavailable, experiences and items of a similar nature and value may be offered.
4.10 To the extent that the winner is between the ages of 18 and 21 years of age, you agree that you must be accompanied by an adult of at least 21 years of age in order to check into the hotel.
4.11 The Prize is not exchangeable, negotiable or transferable. The Promoter will not provide any cash alternative to the Prize.
4.12 The Promoter reserves the right to vary the Prize without prior notice to an alternative prize of equal or greater value if circumstances beyond the Promoter’s reasonable control makes it necessary to do so.
4.13 The Promoter also reserves the right to hold void, cancel, suspend, or amend the draw if circumstances beyond the Promoter’s reasonable control make it necessary to do so (including in the event of unforeseen circumstances making the administration of the prize draw impossible or impractical). In the event of such cancellation, you will be notified within seven (7) days of cancellation by email. The Promoter won’t be liable for any loss whatsoever as a result of cancellation of the draw.
5.1 The decision of the Promoter is final and no correspondence or discussion will be entered into.
5.2 The Promoter will contact the winner personally as soon as practicable after the “Announcement Date” (as stipulated in the entry form), using the email address or other contact details provided by the participant on the completed entry form.
5.3 The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation, the Promoter may publish the surname and county of the winners of the Prize on the Website and/or any of the Promoter’s social media pages and may send the surname and county of major prize winners, to anyone who emails fun@FreshDelmonte.com within one month after the Closing Date of the Promotion.
5.4 Sometimes, through reasons outside of the Promoter’s control, the Website may not be accessible. The Promoter cannot guarantee continuous, uninterrupted access to the Website. No responsibility will be accepted for any difficulties in claiming or any claims delayed or corrupted. The Promoter will have no liability for any loss arising out of such an event.
6 CLAIMING THE PRIZE
6.1 Winners of the Prize must claim the Prize within fourteen (14) days from the Announcement Date. If you do not claim the Prize by this date, your claim will become invalid.
6.2 The Promoter will make reasonable efforts to contact the winner. If the winner cannot be contacted or is not available, or has not claimed their Prize within fourteen (14) days of the Announcement Date, the Promoter reserves the right to offer the Prize to the next eligible entrant selected from the valid entries that were received before the Closing Date.
6.3 The Promoter does not accept any responsibility if you are not able to take up the Prize within the timescales set out under clause 6.1 or otherwise.
6.4 In the event that you do claim the Prize in accordance with this clause 6, the winner: (i) may be required to sign some additional documentation, which may include a waiver and a publicity release; and (ii) required to confirm that they will comply with the terms of any airline, transportation provider, accommodation provider, Universal Studios Hollywood or other supplier in connection with the Prize, and you agree to sign such documentation or agree to such terms. In addition, a potential winner from Canada must correctly answer a mathematical skill-testing question. If a potential winner fails to sign and return these documents within the required time period, or fails to correctly answer the skill-testing question, and time permits, an alternate potential winner may be selected in his/her place from the valid entries that were received before the Closing Date.
7 LIMITATION OF LIABILITY
7.1 We are liable (i.e. responsible) to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this contract or our failing to use reasonable care and skill.
However, subject to the foregoing:
(a) we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen;
(b) we are not responsible for any pre-existing faults or damage or for any loss or damage which you could have avoided by following our advice or instructions; and
(c) we are not liable for business losses. We only provide the Prize for domestic and private use. Use of the Prize for commercial or business purposes is prohibited. If you use or intend to use the Prize for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (i.e. if we fail to take reasonable care or exercise reasonable skill in the performance of our obligations under these Terms) or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation (i.e. if we deliberately tell you something that is untrue, which you then reasonably rely on).
7.3 For the avoidance of doubt, to the extent not caused by the Promoter’s negligence, the Promoter shall not be liable under or in connection with these Terms, for any injury suffered by the winner and/or the winner’s guests in connection with the Prize.
8 DATA PROTECTION AND PUBLICITY
8.1 The Promoter will only process your personal data in accordance with Promoter’s privacy notice which is available at https://freshdelmonte.com/privacy-policy/. By submitting an entry, you consent to the Promoter processing your personal data for the purposes of carrying out the promotion and notifying and advertising the winners.
8.2 By participating in this promotion, each entrant agrees to allow the Promoter the right to use his/her name, likeness, picture and other information and content provided in connection with the promotion for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the internet, without notice, review or approval and without additional compensation during a maximum period of two (2) years.
8.3 You agree that the Promoter may request that you share photographs of yourself at the Prize Location with the Promoter and the Promoter shall be entitled to use such photographs in accordance with the conditions of Clause 8.2.
9.1 The Promoter reserves the right to exclude you from participating in the promotion if you have breached these Terms, or if your conduct is contrary to the spirit or intention of the promotion.
9.2 Neither the Promoter nor Universal Studios Hollywood is responsible for delays outside our control (whether caused, for example by inclement weather, fire, flood or other natural disaster, accident, trade dispute, government action, epidemic, pandemic including but not limited to COVID-19, disruptions to transport, governmental measures taken in relation to COVID-19, or any other reason beyond its control).
9.3 If any clauses in these Terms should be determined to be illegal, invalid or otherwise unenforceable, then such clause or part of such clause shall be severed and deleted from these Terms and the remaining clauses shall survive and remain in full force and effect.
9.4 You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Florida. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of the Promoter in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Florida, without giving effect to any choice of law or conflict of law rules (whether of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Florida.
9.5 Universal City Studios LLC d/b/a Universal Studios Hollywood (“Universal Studios Hollywood” or “USH”) is the prize destination only in this promotion. Universal Studios Hollywood is not a promoter or sponsor of this promotion, and is not responsible for the administration of the promotion, the collection of the entries or the conduct of the draws. Universal Studios Hollywood and their associated companies and agents exclude responsibility and all liabilities arising from any postponement, cancellation, delay or changes to the prize details beyond Universal Studios Hollywood’s control and for any act or default of any third-party supplier.
Any disputes, claims, and causes of action against Universal Studios Hollywood arising out of or relating to any person’s use of, or participation in any portion of the prize involving Universal Studios Hollywood shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law (an “Arbitration”) in Los Angeles, California. The Arbitration shall be administered by JAMS in accordance with the Streamlined Arbitration Rules and Procedure of JAMS (available at https://www.jamsadr.com/rules-streamlined-arbitration/) or subsequent versions thereof, including the optional appeal procedure. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.