Chaquita – Fuel The Fun Campaign Contest – Win one (1) iPad Pro

Official Rules for Chiquita Brands L.L.C.’s
Fuel the Fun Campaign (“Official Rules”)
This Fuel the Fun Campaign (“Campaign”) is in no way sponsored, endorsed or administered by, or
associated with Facebook, Twitter, Instagram, Apple or any of their affiliates, employees, owners or
subsidiaries. Apple is not a participant in or sponsor of this promotion.
No purchase is necessary to enter or win.
A purchase does not increase the chances of winning.
1. Eligibility: This Campaign is an online skill-based contest open only to those individuals who: (a)
enter the Campaign in accordance with the Official Rules outlined herein; (b) are legal residents
of the United States (excluding Canada, Puerto Rico, and all other U.S. territories and possessions
and overseas military installations), and (c) are 18 years of age or older as of the date of entry and
(d) adhere to the official rules. Void where prohibited by law. Employees, officers, and directors
of Chiquita Brands L.L.C., and its affiliates, subsidiaries, and advertising and promotional agencies
(collectively, the “Employees”), are not eligible to participate in the Campaign. [Void in Canada,
Puerto Rico and all other U.S. territories and possessions and overseas military installations, and
where prohibited or otherwise restricted by law, rule or regulation.] The Campaign is subject to
all applicable federal, state, and local laws and regulations.
2. Agreement to Official Rules: By participating in this Campaign, You agree to be fully and
unconditionally bound by these Official Rules, and You represent and warrant that You meet the
eligibility requirements. In addition, You agree to accept the decisions of Chiquita Brands L.L.C.
(“Chiquita”) as final and binding as it relates to this Campaign.
3. How to Enter: Entries are limited to one entry per email address per person per day, and You
must comply with all Official Rules in order to be eligible to win a prize. Any entries considered
fraudulent, duplicate, inaccurate, or incomplete, or which do not adhere to the Official Rules, may
be disqualified at the sole discretion of Chiquita. Entries will only be accepted submitted with
valid email addresses. Any entries containing language or material that Chiquita in its sole
discretion, deems crude, violent, inflammatory or otherwise inappropriate will be discarded and
eliminated from contention. To enter the Campaign: (1) visit www.chiquita.com/fun
(“Promotional Website”) and complete the registration form (“Registration Form”) with your first
name, last name, e-mail address, street address, city, state, zip/postal code, country, your
acceptance of the Terms and Conditions and certification that you are at least 18 years of age,
and (2) upload your own created design/artwork for the Chiquita Banana Blue Sticker with the
correct formatting as provided on www.chiquita.com/fun. The artwork/design submitted should
be something created exclusively by You without any contribution(s) from third parties. Entries
will only be accepted on the Promotional Website via the correct completion of the Registration
Form in accordance with these Official Rules.
4. Campaign Period: Entries will be accepted online starting at 10:00 a.m. ET on September 2, 2019
and ending 11:00 p.m. ET on October 4st
, 2019 (“Campaign Entry Period”). All online entries must
be received during the Campaign Entry Period in order to be eligible for consideration.
5. Prizes: In total, 3 Winners will be selected after the Campaign Entry Period ends based on an
internal voting selection process conducted by Chiquita team members. The 3 Winners will each
receive one (1) iPad Pro. In addition, the 3 Winners’ artwork will potentially be selected to appear
on variation(s) of Chiquita Bananas’ Blue Sticker in 2020 (and potentially beyond) and potentially
be reproduced in Point of Sale materials in 2020 (and potentially beyond). The Winners will be
selected from the entries submitted on the Promotional Website. The estimated retail value of
each gift bag is approximately $1475 USD; however, the actual estimated retail value may differ
at time of prize award. Shipping costs will be covered solely by Chiquita upon receipt of Winners’
shipping addresses. Chiquita, its subsidiaries and affiliates, and each of their respective owners,
officers, directors, employees, contractors, representatives, shareholders, successors, assigns,
licensees, clients, agents, and agencies (collectively, “Chiquita Entities”), shall not be liable for
any mistake made by Winners or shipping fulfilment providers in delivery of the prize. The
specifics of the prize shall be solely determined by Chiquita. No cash or other prize substitution
shall be permitted. The prize is nontransferable. Any and all prize-related expenses, including
without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of
Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash
equivalent by Winner is permitted.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winners will be selected from among qualified entries under
the supervision, and within the sole discretion, of Chiquita approximately 90 days after the
campaign end date. Winners will be notified by email within five (5) business days following
selection of Winners. Winners are not permitted to win multiple prizes in this Campaign. Upon
sending an email to the Winner in the manner set forth herein, the Chiquita Entities shall have no
liability whatsoever for Winners’ failure to receive notices for any reason whatsoever, including
without limitation, whether due to spam, junk e-mail or other security settings, computer
malfunctions, electronic glitches, and/or for Winners’ provision of incorrect or otherwise non-
functioning contact information. If a Winner cannot be contacted, is ineligible, fails to provide
his/her contact information and shipping information, and/or fails to claim the prize within 5 days
from the time award notification was sent, the prize may be forfeited and an alternate Winner
may be selected within the sole discretion of Chiquita pursuant to Chiquita’s internal voting
selection process for alternate Winners. In the event that the prize is forfeited and an alternate
Winner is selected, at the moment that the alternate Winner is selected, the previously selected
Winner loses any and all rights to the prize that he/she may have previously had. Receipt by
Winners of the prize offered in this Campaign is conditioned upon compliance with any and all
federal, state, and local laws and regulations. Any violation of these official rules by a Winner (at
Chiquita’s sole discretion) will result in Winner’s disqualification as a Winner of the campaign, and
all privileges as a Winner will be immediately terminated.
8. Rights Granted by You: By entering this Campaign, You understand and agree that the Chiquita
Entities shall have the right, where permitted by law, to review, print, publish, broadcast,
distribute, and use in any media now known or hereafter developed, in perpetuity and throughout
the world, any information contained in or associated in any way with Your entry, including
without limitation, Your name, contact information, portrait, artwork, picture, voice, likeness,
image, statements about the Campaign, and biographical information (collectively, “Released
Materials”) for news, publicity, information, trade, advertising, public relations, and/or
promotional purposes without any further consideration, compensation, notice, review, or
consent. Furthermore, by entering this Campaign, You represent and warrant that Your entry is
an original work of authorship, and does not violate any third party’s proprietary or intellectual
property rights. If Your entry infringes upon the intellectual property right of another, You will be
disqualified at the sole discretion of Chiquita. If the content of Your entry is claimed to constitute
infringement of any proprietary or intellectual proprietary rights of any third party, You agree to
and shall, at Your sole expense, defend or settle against such claims, and You further agree to and
shall indemnify, defend, release, and hold harmless the Chiquita Entities from and against any
suit, proceeding, claims, liability, loss, litigation, damage, costs or expense, arising out of such
infringement or suspected infringement of any third party’s right. By participating in this
Campaign, You hereby grant to the Chiquita Entities full rights to use, share, distribute, publish, sell
and reproduce the Released Materials, and in so doing, You understand that this release is irrevocable
and You hereby agree to fully and forever release any and all rights that You may have thereto and
any and all interests that You may have therein. You understand that this release extends to any and
all of each of the foregoing, whether now known or hereafter devised: (1) languages (regardless of
whether it is in the originally recorded language or translated to a different language); (2) markets
(regardless of whether domestic or international); (3) formats; (4) forms of media, including but not
limited to: television, internet, print and radio; and (5) purposes (regardless of whether commercial or
non-commercial and whether used singularly or in conjunction with other materials). You hereby
waive the right to inspect or approve the finished product wherein the Released Material(s) appear,
regardless of whether the use is in whole or in part. You also release all claims of every kind against
any and all individual(s) and organization(s) utilizing the Released Material (regardless of whether the
use is in whole or in part) that are related to their use thereof. Furthermore, You waive any right to
royalties or any other compensation arising from or related in any way to any use of the Released
Material.
9. Terms & Conditions: Chiquita reserves the right, in its sole discretion, to amend, cancel,
terminate, modify or suspend the Campaign should any virus, bug, non-authorized human
intervention, fraud, or other cause beyond Chiquita’s control corrupt or affect the administration,
security, fairness, or proper conduct of the Campaign. In such case, Chiquita may select the
Winners from all eligible entries received prior to and/or after (as if deemed appropriate by
Chiquita in its sole discretion appropriate) the action taken by Chiquita. Chiquita reserves the
right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with
the entry process or the operation of the Campaign or website, or otherwise violates these Official
Rules in any way. Chiquita has the right, in its sole discretion, to maintain the integrity of the
Campaign, to void entries for any reason, including, but not limited to: receiving multiple entries
from the same person in excess of that allowed by the Official Rules, and the use of bots, macros,
scripts, or other technical means for entering. Any attempt by You to deliberately damage any
website or undermine the legitimate operation or integrity of the Campaign may be a violation of
criminal and civil laws. Should such attempt be made, Chiquita reserves the right to seek damages
to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless the Chiquita Entities
from any liability, illness, injury, death, loss, litigation, claim, and/or damage that may occur,
directly or indirectly, whether caused by negligence or not, from: (i) Your participation in the
Campaign and/or Your acceptance, possession, use, or misuse of any prize or any portion thereof;
(ii) technical failures of any kind, including but not limited to the malfunction of any computer,
cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or
inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human
intervention in any part of the entry process or the Promotion; (v) electronic or human error in
the administration of the Promotion or the processing of entries; and (vi) for any matter
whatsoever as a result of Your participation in this Campaign. The Chiquita Entities make no
claims, promises, or guarantees about the condition or usage of any Campaign prizes, and
expressly disclaims any liability related to the possession and/or usage of any such products
and/or services. The information provided by Chiquita in reference to products and Campaign
prizes is on an “as is” or “as available” basis, and no warranty of any kind, implied, expressed, or
statutory, including but not limited to the warranties of title, merchantability, or fitness for a
particular purpose, is given by any of the Chiquita Entities with respect to any Campaign prizes.
No advice or information given by any of the Chiquita Entities shall create any warranty or serve
to alter these Official Rules in any way. In no event shall any of the Chiquita Entities be liable for
any damages whatsoever arising out of the possession and/or usage of any Campaign prizes. If
You do not agree with any part of these Official Rules, do not enter the Campaign.
11. Disputes: Governing law for the purposes of matters related to this Campaign is the State of
Florida and the laws of the United States (as applicable), without regard to conflict of law
doctrines. The courts located in Broward County, Florida shall have exclusive jurisdiction over any
and all disputes. All parties irrevocably waive their right to trial by jury. As a condition of
participating in this Campaign, You agree that: (a) any and all disputes arising out of or connected
with this Campaign which cannot be resolved between You and Chiquita, shall be resolved
individually without resort to any form of class action; (b) in no event shall any of the Chiquita
Entities be liable to You, or any other person or entity, for any incidental, special, consequential,
indirect, exemplary, or punitive damages arising out of or in connection with this Campaign,
including any costs and attorneys’ fees associated therewith; and (c) You waive all rights to have
damages multiplied or increased.
12. Severability: You agree that all of the Official Rules are reasonable, valid and enforceable.
However, if a court of competent jurisdiction deems any provision(s) of these Official Rules to be
invalid or unenforceable for any reason, in whole or in part, such provision(s) shall be revised only
to the limited extent necessary to become legal, valid and enforceable and all other provisions of
these Official Rules shall remain valid and enforceable to the maximum extent permitted by law.
13. Sponsor: The Sponsor of the Campaign is Chiquita Brands L.L.C., 1855 Griffin Rd., Suite C-436
Dania Beach, FL 33004 USA.
By submitting an entry to the Campaign, You, the participant, are certifying that you have affirmatively
reviewed, accepted, and agreed to all of these Official Rules set forth herein.