Terms and Conditions

Effective as of: December 9, 2010

This website ("Site") is controlled by and/or maintained by Dole Food Company, Inc. and/or one or more of its subsidiaries or affiliates (individually and collectively, "Dole," "we," "us," or "our"). By using our Site, participants ("Participant", "you," "your") agree to be bound by each of the terms and conditions set forth below and any amendments thereto ("Terms and Conditions"). Please review these Terms and Conditions from time to time to ensure that you have read and agree with the current policy, as it may be amended without notice. The date of our Terms and Conditions is set forth at the top of the document. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on our Site. Please note that your use of certain features of our Site may be subject to additional terms and conditions. By using these features, you also agree to be bound by such additional terms and conditions.

Dole may terminate, change, suspend or discontinue any aspect of the Dole Site, including the availability of any features of the Site, at any time. Dole may also impose limits on certain features and services or restrict your access to parts or to the entire website without notice or liability. Dole may terminate the authorization, rights and license given herein.

PROPRIETARY RIGHTS

All materials on our Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site (collectively, "Content") are protected by copyrights and other intellectual property rights owned and controlled by us, by our affiliates, or by other parties that have licensed or otherwise provided their material to us. Except as specifically provided herein or elsewhere on the Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of Dole. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize our Site for any purpose other than their intended purposes is strictly prohibited.

Dole grants Participant a non-exclusive, non-assignable, non-transferable, and revocable license ("License") to use and display, for personal and noncommercial use only, one copy of any material provided on our Site specifically for the purpose of downloading by Participant ("Downloaded Material"). Participant agrees to maintain any and all copyright and other notices contained in such Downloaded Material. Participant further agrees not to alter or modify the Downloaded Material in any way. This License may not be assigned, transferred, or sublicensed by Participant to any other party and may be revoked by Dole at any time. Upon revocation, Participant agrees to delete and/or destroy and Downloadable Material obtained from the Site.

LINKED SITES

Our Site may contain links to other websites that are not controlled or maintained by Dole. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites. Use of linked websites is at your own risk. We encourage you to note when you leave our Site and to read the terms of use of such other websites. In addition, our Site may link to websites owned or operated by Dole subsidiaries or other affiliated companies ("Affiliated Sites"). Please note that the Affiliated Sites are subject to the terms of use and policies posted on those sites.

RULES OF CONDUCT

By using our Site, Participant accepts the following rules of conduct:

Participant will not post to or transmit through our Site any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material; material that is fraudulent or contains false, deceptive, or misleading statements, claims, or representations; or any material that violates the laws or regulations of New Zealand, or would give rise to civil or criminal liability in New Zealand. Participant shall not use our Site to post, upload, or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trademark or other third party right without express written permission of the owner of such right.

Further, Participant shall not use our Site (a) in violation of any applicable law, regulation, or judicial order; (b) in a manner that violates the terms of these Terms and Conditions, the terms of any applicable agreement with Dole, or any other Dole policy applicable through these Terms and Conditions; or (c) that interferes with or adversely affects the operation of this Site or the hardware, software, networks, systems, technology, and facilities upon and within which it operates ("Infrastructure"). Participants shall cooperate with Dole in investigating and correcting any apparent breach of these Terms and Conditions.

Participants shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute ("Material") or otherwise access or make available using the Site or Infrastructure. In the event that Dole becomes aware of any such Participant Material or of any activity engaged in by Participant that may violate these Terms and Conditions and/or expose Dole to civil or criminal liability, Dole reserves the right to investigate such material, block access to such material and suspend or terminate any features of or Content on the Site without liability. Dole further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any Participant that Dole believes is responsible for such violation. Dole also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way Dole's rights and remedies at law or in equity that may otherwise be available.

SUBMISSIONS

Any notes, postings, ideas, suggestions, concepts, or other material submitted through our Site via e-mail or any means that we may create or provide in the future will become the property of Dole throughout the world and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us: (i) it is original with you and accurate, (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or regulation, and (iii) you will use commercially reasonable efforts to ensure that any such submission is free from viruses, worms, trojan horses, or other items of a destructive nature. You further agree not to use our Site, the Content, or any products or services included on or available through our Site for any unlawful purpose.

Dole has no responsibility for any material or information created, stored, maintained, submitted, transmitted or made accessible on or through the Site or Infrastructure by Participants, and is not obligated to monitor or exercise any editorial control over such material.

PRIVACY

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect regarding users of our Site is subject to our Privacy Policy, the full text of which is available by Privacy Policy.

INFRINGEMENT AND REGULATORY COMPLAINTS

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using our Site in violation of any applicable laws or regulations in New Zealand.

DISCLAIMER OF WARRANTIES

OUR SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. DOLE AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE INTEND THAT THE CONTENT OF OUR SITE BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR SITE OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE CONTENT PROVIDED ON OUR SITE IS MEANT FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR ANY TYPE OF MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PLEASE CONSULT YOUR PHYSICIAN OR A REGISTERED DIETITIAN IF YOU HAVE ANY QUESTIONS ABOUT YOUR DIET, MEDICAL CONDITION, OR THE INFORMATION PRESENTED HEREIN.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DOLE, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL LOSSES SUFFERED BY YOU OR ANY OTHER PERSON, OR FOR ANY SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR SITE, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE OR ANY AFFILIATED SITES.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify and hold Dole, and its subsidiaries, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal costs) arising from your breach of your agreements under these Terms and Conditions.

MISCELLANEOUS

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the courts located within New Zealand. All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use our Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.

PROMOTIONS AND COMPETITIONS

By registering on the Dole New Zealand website you are eligible for online competitions that may be offered throughout the year. Promotions and competitions are open to New Zealand residents only. By entering, you accept and agree to the Terms of Use as above, and the following Terms and Conditions relating to these promotions or competitions. Winners of any prize draw must be 18 years of age or older to claim prizes. In the event that a winner is aged, under 18, the prize will be awarded to his or her legal guardian. No prize draws are open to employees, or their families, of Dole or MG Marketing, participating suppliers/partners.

The judges' decision is final and no correspondence will be entered into. By accepting the prize, the winner consents to have their name and photograph used in any publicity as required by Dole. Proof of identification will be required prior to prize claims. In some cases proof of purchase may be required such as a bar code or receipt. Prizes must be taken as offered and are not transferable or redeemable for cash. If a prize involves travel – redemption is subject to availability and may exclude public and school holidays. Specific prize supplier terms and conditions may apply also; for example, if a rental car is supplied, insurance cover is the responsibility of the winner. Travel must be completed as specified in the promotion detail.

Dole reserves the right to modify the prize draw and to disqualify any individual who tampers with the entry process. Dole will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the competition or prizes except for any liability which cannot be excluded by law. Competition and promotion open and close dates will be specified in the promotion section of the web site. Any additional requirements relating to the specific promotion or competition will be outlined on the website and must be strictly adhered to. The promoter is Dole.

DOLE TROPICAL GOLD PINEAPPLE GOLDEN TRAVEL TICKET COMPETITION

The prizes are as follows. There are three prizes. Each prize consists of a $5000 gift card, which may be redeemed at any United Travel store throughout New Zealand. The gift card can be used for any travel, accomodation, tours or packages available through United Travel.

The gift card is not transferable and must be redeemed by the prize winner and used for their, and /or their travelling companions use only. The gift card must be used within 12 months of the issue date. No refunds will be given for unused funds. The gift card is not redeemable for cash.

RULES OF ENTRY

You can enter the competition each time you buy Dole Tropical Gold Pineapple from New World, PAK’nSAVE, or Four Square stores. Each time you enter, you must fill out a new entry form on the www.dolenz.co.nz website.

You must enter the store name where you bought your Tropical Gold Pineapple and the date of your purchase. You must keep each receipt as this must match the information on the entry form and will be required for you to redeem a prize. Complete your details and answer the simple question on the entry form (the answer can be found within the website) and submit your entry.

You may enter the competition as many times as you like providing you can produce an original and different receipt for each entry. The competition runs from 1st December 2011 to 31st January 2012. Prizes will be drawn no later than 5th February 2012 and winners will be notified by phone and / or email no later than 12th February 2012. Travel prize is valid from 14th February 2012 and must be completed by 14th February 2013.

Competition is open to NZ residents only. By entering the competition you are deemed to have read and agreed to all terms and conditions and the privacy policy of the dolenz website. The use of the gift card is subject to the Terms and Conditions of United Travel and can be viewed on their website at www.unitedtravel.co.nz/gift-cards.

CONTACT INFORMATION

If you have questions or comments about these Terms and Conditions or our Privacy Policy, or if you wish to review or amend any personally identifiable information you have provided, you can contact our New Zealand based agent at:

NZ Ripeners Limited
E-Mail: enquiries@dolenz.co.nz