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
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 fruit 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
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 P rize 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
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 P romoter 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
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.