Del Monte – “Miraculous® – Ladybug & Cat Noir Sweepstakes: Enter for a Chance to Win A Trip For Four to Paris!”No Purchase Necessary. A Purchase Is Not Necessary to Enter the Sweepstakes and Will Not Increase Your Chances of Winning.These are the terms and conditions (the “Terms“) for the Del Monte – “Miraculous®: Ladybug & Cat Noir Sweepstakes” 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 these Terms, and all participants will be deemed to have accepted and agree to be bound by these Terms by participating in the promotion.The Promoter: The Promoter is Del Monte (UK) Ltd, a company incorporated in the UK and Ireland and registered address at Mallard Court, Market Square, Staines Thames, TW18 4RH.The Licensor: The Licensor is ZAG America, LLC (“ZAG”), a limited liability company organized under the laws of the State of Delaware, United States, with its registered address at 3002 Main Street, Santa Monica, CA 90405, United States.1 ELIGIBILITYThe promotion is open only to legal residents of the UK and Ireland (the “Territories” and each a “Territory”). These Terms apply to the promotion run in the Territories save for any changes required for local law compliance in a Territory. Such changes are found at the end of these Terms.Participants must be at least eighteen (18) years old and have lawful access to the methods of entry set forth in these Terms. Employees of Del Monte as well as those of their affiliated companies, advertising and promotion agencies, in addition to the immediate family (spouse, parents, siblings, and children) and household members of those employees, are ineligible to enter.Del Monte will not accept promotion entries that are: (i) automatically generated by computer; (ii) completed by third parties or in bulk; (iii) illegible; (iv) have been altered, reconstructed, forged or tampered with; (v) incomplete; (vi) submitted on behalf of another person; (vii) submitted after the Closing Date; or (viii) joint submissions.Each participant shall be limited to one (1) entry per person.Any breach of this clause by a participant will automatically disqualify such participant’s entry.2 HOW TO ENTER:2.1 The promotion will run from June 1, 2023 (the “Opening Date”) at 9:00:00 CEST until September 30, 2023 (the “Closing Date”) at 23:59:59 CEST inclusive (collectively the “Promotional Period”).2.2 Participants may enter the promotion in one of two ways: (i) using a tablet or other mobile device, scanning the QR code found on the packaging of a select few of the Promoter’s Del Monte® Fresh and Preserved products (the “QR Code“) and completing the entry form at www.freshdelmontefun.com (the “Website“) to which the QR Code directs you; or (ii) complete the entry form on the Website. If a participant enters the contest via a post on Facebook or Instagram, the participant acknowledges and agrees that Facebook, Instagram (Meta company) are not sponsors, endorsers, administrators, or associated in any way with the promoter or the contest. All entries are treated equally, regardless of route of entry. NO PURCHASE NECESSARY.2.3 Once you have submitted an entry form, you will be invited to take part in a four (4)-question quiz game. Licensor will vet and approve the questions to be used as part of the quiz game. The game is free to play. Only participants who successfully submitted the correct answers to the four (4) questions before the Closing Date will be placed into a pool of potential winners. There will be one (1) overall winner randomly selected who will win the Prize (as defined below). The odds of winning the Prize will depend on the number of participants who answered all four (4) questions correctly by the Closing Date. The drawing will take place within twenty-eight (28) days of the Closing Date under the supervision of a member of the Legal Department of Fresh Del Monte company (or one of its subsidiaries) and announcement of the winner’s selection will be published on the website www.freshdelmontefun.com fourteen (14) days after the drawing (the “Announcement Date”).2.4 All promotion entries must be received by the Promoter on or before the Closing Date by 11:59:59 BST. 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 Neither the Promoter nor the Licensor will 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, theft or destruction, or unauthorized access to or alterations of entry materials, or inaccurate transmission of or failure to receive a participant’s entry. Furthermore, neither Promoter nor the Licensor will be responsible for any injury or damage to any participant’s or any other person’s computer related to or resulting from accessing the Promotion’s entry form or for entries that are late, misdirected, or incomplete.2.7 By submitting an entry form, you are agreeing to be bound by these Terms.2.8 For help with entries or to receive a written copy of these Terms, please email Contest@FreshDelmonte.com. The Terms will be available from Promoter throughout the Promotional Period and sixty (60) days thereafter.2.9 All entry materials may be maintained as part of the Promoter’s giveaway records and subject to the terms and conditions of Section 7 below.3 THE PRIZE3.1 There is one (1) prize available for the winning participant (“winner”) in the UK and Ireland. The winner will receive a four (4) day, three (3) night trip for the winner and up to three (3) guests to Paris, France. Each trip includes:3.1.1 Round trip economy class air fare or train transportation for the Winner and up to three (3) guests from a major commercial international airport or train station near Grand Prize Winner’s home as established on their Winner Consent Form to Paris, France;3.1.2 Three (3) nights’ standard hotel accommodation (hotel value and location as determined by Del Monte in their sole discretion) ;3.1.3 Public ground transportation to and from airport or train station and hotel in Paris, France;3.1.4 General Admission tickets to visit to Eiffel Tower for the winner and the three (3) Guests3.2 There is only (1) one Prize for all the Territories and only (1) one winner will be selected.3.3 The Approximate Retail Value (“ARV”) of the prize is Five Thousand Euros (5,000.00 €). 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.3.4 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 (i.e., a wait time between connecting flights that exceeds twenty-four (24) hours) are not permitted. Travel arrangements must be made through Fresh Del Monte. The winner and his/her guests must travel on the same itinerary.3.5 The Prize must be used by the winner and the guests by December 31, 2024, and is forfeited if not used within the relevant timeframe. As such, the winners may be required to comply with certain health protocols and measures that are imposed by airlines, governmental authorities including but not limited to wearing a mask, observing social distancing, and quarantining. Winners and guests agree to comply with such protocols and regulations.3.6 Winner is responsible for ensuring that he and any person travelling with him is available to travel and hold current, valid passports, any necessary visas and travel documents for the Prize in question on the travel dates specified. Winner accept that his chosen dates for the Prize are subject to availability and shall be arranged by the Promoter.3.7 Travel arrangements must be made a minimum of sixty (60) days before departure and are subject to availability. Each winner and the guests must travel at the same time and depart from the same airport.3.8 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 one of the allotted guests is a child or ward of Winner, each guest must be eighteen (18) years old or older as of the date of departure and must travel on the same itinerary and at the same time as the Winner.3.9 Winners may be required to comply with certain COVID-19 protocols and measures that are imposed by airlines, governmental authorities, including but not limited to wearing a mask, observing social distancing, and quarantining. Winner and guests agree to comply with all such protocols and regulations.3.10 In connection with any visit to the Eiffel Tower, CDC guidelines, and the recommendations of French and EU health officials must be followed. In addition, guests should be aware of and comply with government guidelines regarding travel restrictions. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19.3.11 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.3.12 The Prize is not exchangeable, negotiable, or transferable. The Promoter will not provide any cash alternative to the Prize, nor will the Participants or eventual Winner construe the Prize being redeemable for cash or substituted for any other prize.3.13 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.3.14 The Promoter also reserves the right to hold void, cancel, suspend, or amend the drawing 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 drawing impossible or impractical). In the event of such cancellation, you will be notified within seven (7) days of cancellation by email. Neither the Promoter nor the Licensor will be liable for any loss whatsoever resulting from the drawing’s cancellation.4 WINNER4.1 The decision of the Promoter is final and no correspondence or discussion will be entered into.4.2 The Promoter will contact the winner personally as soon as practicable after the Announcement Date, using the phone number in the first instance and thereafter email address or other contact details provided by the participant on the completed entry form. Winner will then fill out a consent form which assures their acceptance of these Terms and confirms other personal identifying information such as their residential (“Winner Consent Form”).4.3 The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation, the Promoter will publish the surname and county of the winner 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 Contest@FreshDelmonte.com within thirty (30) days after the Closing Date of the promotion.4.4 If you object to any or all of your surname, country and winning entry being published or made available for the purpose described in clause 5.3, please contact the Promoter by Contest@FreshDelmonte.com. In such circumstances, the Promoter must still provide the information and winning entry to the local Advertising Standards Authority and/or Advertising Standard Authority on request.4.5 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. Neither the Promoter nor the Licensor will be held liable for any loss arising out of such an event.5 CLAIMING THE PRIZE5.1 Winner must claim the Prize within fourteen (14) days from the Announcement Date. If the Winner does not claim the Prize by this date, their claim will become invalid.5.2 The Promoter will make reasonable efforts to contact the Winner. If the winner cannot be contacted; is not available; or has not claimed their Prize within fourteen (14) days of the Announcement Date, the Promoter reserves the right to render the initial Winner’s entry and claim invalid and either offer the Prize to the next eligible participant selected among the valid entries that were received before the Closing Date or not offer the Prize altogether.5.3 Neither the Promoter nor the Licensor accept any responsibility if you are not able to claim and/or pick up the Prize within the timeframe set out under clause 6.1 or otherwise.5.4 In the event that the Winners does claim the Prize in accordance with this clause, the Winner may be: (i) required to sign some additional documentation, which may include a waiver ; and (ii) required to confirm that they will comply with the terms of any airline, transportation provider, accommodation provider, or other supplier in connection with the Prize. The Winner agrees to sign such documentation and agree to such terms.6 LIMITATION OF LIABILITY6.1 The Promoter is liable (i.e. responsible) to Participant for foreseeable loss and damage caused by the Promoter. If Promoter fails to comply with these Terms, Promoter is responsible for loss or damage Participant suffer that is a foreseeable result of his breach of the same or our failing to use reasonable care and skill. However, subject to the foregoing:6.1.1 The Promoter is 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 Promoter and Winner knew it might happen;6.1.2 Promoter is 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;6.1.3 Promoter is not liable for business losses. Promoter only provides the Prize for domestic and private use. Use of the Prize for commercial or business purposes is prohibited.6.2 Promoter does not exclude or limit in any way our liability to the Winner where it would be unlawful to do so. This includes liability for death or personal injury caused by his negligence (i.e. if Promoter fails to take reasonable care or exercise reasonable skill in the performance of its obligations under these Terms) or the negligence of his employees, agents or subcontractors; or for fraud or fraudulent misrepresentation (i.e. if Promoter deliberately tells the Participant something that is untrue, which Participant then reasonably relies on).6.3 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.6.4 Also, for the avoidance of doubt, the Promoter will indemnify and hold the Licensor, its affiliates, legal representatives, agents, and officers, harmless for any and all claims brought against the Promoter as a result of carrying out the Promotion per the terms and conditions herein.7 DATA PROTECTION AND PUBLICITY7.1 The Promoter will only process your personal data in accordance with the relevant data protection laws (including the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018) and as set out in the Promoter’s privacy notice which is available at https://www.delmonteeurope.com/privacy-policy.htm . 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.7.2 By participating in this promotion, each participant 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.7.3 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 8.2.8 GENERAL8.1 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.8.2 The Promoter is not 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).8.3 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.8.4 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 the Netherlands. 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 the Netherlands, without giving effect to any choice of law or conflict of law rules (whether of the Netherlands or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Netherlands.
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