The AriZona Bottle Competition (the “Competition”) is offered and managed by AriZona Europe Coöperatief U.A., Bear Field B.V. and Bear Field Services B.V. with their registered office in Amsterdam (Herengracht 514, 1017 CC), in the Netherlands (Dutch Ch. Of Comm. no. 50699814, no. 50573780 and no. 62265628) (referred to as “AriZona”, “we” or “us”) pursuant to the requirements found at the Competition’s website www.thirstythirty.eu (the “Site”) and these terms and conditions (the “Terms and Conditions”) (collectively, the “Terms”).
You agree to these Terms, which are a contract between you and AriZona, so read them carefully before entering. Participating in and submitting an entry will be taken to mean acceptance of these Terms by you (hereinafter referred to as “you” or “Participant”). If you do not agree to comply with any of these Terms, do not submit your entry via the builder-tool on our Site (the “Submission(s)”).
1.1 The goal of this Competition is to create a real AriZona beverage that we will actually make, bottle and commercialize. Via our builder-tool on our Site, you will create the beverage by choosing the flavours and design the bottle from pre-selected elements. The name of your drink is entirely up to you. The most creative, original and best-tasting creation will be awarded and will be produced and distributed for sale.
1.2 The Competition is a voting and pure skill competition, without an element of chance. Winning depends on voting and the relative strength of each Submission as determined by AriZona applying the evaluation criteria set forth in these Terms.
2.1 Participation is open to legal residents in one (1) of the member states of the European Union, Switzerland, Norway or the United Kingdom (hereinafter together referred to as the “Territories”) who are at least 18 years old in their jurisdiction of primary residence at the time of entry. In particular, you must correctly identify your country or countries of citizenship as well as your country of residence (and if the countries of citizenship and residence differ, to identify your applicable residency status). Your country of residence must be from among the list available on the Site. Further, in order to enter in the Competition, you agree to follow the directions regarding the Submission process as described on the Site and in these Terms and accept these Terms by checking the box “I have read, understand, and agree to the Terms”.
2.2 As for participants from the Netherlands and Italy, minors who are 16 or 17 years old may participate in the Competition with the prior consent of their parents or the person exercising parental authority. With regard to the Netherlands and Italy, if such minor participates, AriZona may assume that they have obtained such consent. AriZona reserves the right to request written confirmation of the consent obtained at any time and to verify this in other ways, as well as to exclude from the Competition any minor who is not immediately of within a period imposed by AriZona able to provide such confirmation.
2.3 No purchase or payment of any kind is necessary to enter or win the Competition. A purchase of any commodities or other product or payment of any kind will not increase your chances of winning.
2.4 The Competition is divided into three (3) phases: 1) Build Phase; 2) Voting Phase; and 3) Final Phase. The Competition starts with the Build Phase at 9 AM CET on June 1st, 2023, and ends at 12:00 PM CET on June 25th, 2023. All entries must be received by 12:00 PM CET on June 25th, 2023 (the “Submission Deadline”). We will post your submissions in the Thirsty Thirty Gallery on our Site. After that, the Voting Phase starts in which everyone can vote on their favourite Submission for one week from June 26th, 2023, until June 30th, 2023. The Final Phase will end in July 2023 with the announcement of the Finalists including the Grand Prize Winner (also referred to as “Winner”) via our Social Media.
2.5 In order to enter the Competition and design and submit your Submission, you must follow the instructions of the builder-tool on our Site. During the Build Phase, Participant designs and names a AriZona bottle using the builder-tool on the Site. The builder-tool provides Participant with the following (pre-selected) options (“Buckets”) to create an original bottle:
(i) Bucket 1: Flavour
Participant must choose up to three (3) flavours out of the following flavours:
Acai, Apple, Banana, Blueberry, Carrot, Cherry, Coconut, Cranberry, Cucumber, Dragonfruit, Grape, Guava, Grapefruit, Hibiscus, Kiwi, Lavender, Lemon, Lime, Mango, Mint, Orange, Passionfruit, Papaya, Peach, Pineapple, Plum, Pomegranate, Raspberry, Strawberry, Watermelon
(ii) Bucket 2: Base
Participant must select at least one (1) option out of the following options:
Black tea, Green tea, None (resulting in ‘juice cocktail’). Black tea can also be chosen together with Green tea.
(iii) Bucket 3: Twist
Participant must choose at least one (1) option out of the following options:
Caramel, Chocolate, Honey, Vanilla, None
(iv) Bucket 4: Kick
Participant must choose at least one (1) option out of the following options:
Extra Sweet, Salty, Sour, Spicy, None.
In addition, Participant can select “Give it Energy?”.
(v) Bucket 5: Mystery
Participant must choose at least one (1) option out of the following flavours:
Bubblegum, Cake, Cand, Cereal, Cotton Candy, Creamsicle, Ice Pop, Pie, Pina Colada, Pumpkin Spice, Sherbert, none
(vi) Bucket 6: Background
Participant must choose one (1) background out of 29 backgrounds.
(vii) Bucket 7: Naming
Participant must name the designed bottle using no more than eleven (11) characters.
2.6 Submissions may be submitted by individuals (natural persons only) and may not be submitted by or on behalf of, for example, several individuals, businesses or government entities.
2.7 Participants may submit as many Submissions as they wish, but only one Submission per email address.
2.8 AriZona reserves the right (at its sole discretion) to contact Participant to request amendments and/or additional information following submission of the Submission to ensure that such Submission meets the minimum requirements set out in clauses 2.5 – 2.7.
2.9 Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of AriZona or their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest and advertising, promotion, and public relations agencies, as well as any other entity participating in the design, administration, or fulfilment of the Competition (collectively, the “Released Parties”) are not eligible to participate. In this context, “family member” is defined as any spouse, domestic partner, parent, legal guardian, sibling, child, legal ward, grandparent, grandchild, or the spouse or domestic partner of any such person.
2.10 AriZona is not responsible for lost, late, illegible, mutilated, misdirected or incomplete Submissions or Submissions not received by the Submission Deadline, or for any human or mechanical error that may occur in the processing of the Submissions. Responsibility for proper handling of the Submission rests solely with Participant.
2.11 Participant is prohibited from obtaining votes by any fraudulent or inappropriate means as determined by AriZona in its sole discretion. Use of techniques, or of any script or other automated or artificial system to obtain votes are prohibited and, in AriZona’s sole discretion, may lead to the disqualification of Participant.
2.12 Participant agrees to not damage or cause interruption of the Competition and/or prevent others from participating in the Competition. At the sole discretion of AriZona, all entries are subject to verification. Anti-fraud detection devices may be used to verify winners.
Without limiting any of AriZona’s remedies at law or in equity, AriZona reserves the right to disqualify Participant, void Participant’s Votes (if applicable), or restrict participation from any IP address at any time as determined in AriZona’s sole discretion, should Participant at any stage of the Competition: (i) fail to comply with these Terms; (ii) supply any untruthful, inaccurate or misleading personal details and information; (iii) refuse or fail to provide proof of identity and/or eligibility if requested by AriZona at any time; (iv) use technology to gain an unfair advantage over any other entrant; (v) engage in unlawful conduct or misconduct, including without limitation, submitting inappropriate, vulgar and defamatory content (including references), harming or threatening to harm any other participant or AriZona’s personnel, exercising violent behaviour, or potential or actual cheating; (vi) purposely impede the work of AriZona and/or the implementation of the Competition; (vii) be found to be attempting to tamper with or undermine the entry or submission process, the Site, and/or the legitimate operation of the Competition; (viii) engage in unsportsmanlike or disruptive behaviour or with the intent to annoy, abuse, threaten, or harass any other person; or (viiii) otherwise infringe the rights of third parties. Any disqualification of Participant shall be final and not subject to appeal or review for any reason whatsoever.
3.1 The top three (3) Participants, selected by AriZona in accordance with clauses 4 and 5 and based on the amount of votes received and overall creativity, originality, practicality, feasibility and best-tasting, confirmed by AriZona (the “Finalist(s)”), win a monetary prize.
3.2 The Grand Prize Winner (also referred to as “Winner”) selected by AriZona in accordance with clause 5 will receive €5.000,00, will be crowned “AriZona’s first-ever European Chief Flavour Officer”, and has their submitted design (as part of the Submission) produced and distributed for sale.
3.3 The Second-Place Finalist selected by AriZona in accordance with clause 4 will receive €3.000,00 and the Third-Place Finalist will receive €2.000,00.
3.4 The Finalist’s monetary prize shall be payable in the Participant’s local currency at the exchange rate applicable on the day on which the Winner is announced. AriZona shall pay (or shall procure the payment of) the applicable amount into the bank account nominated by the Finalists within 90 days after the announcement of the Winner.
3.5 AriZona reserves the right to substitute a prize of equal or greater value for any reason. Finalists are strictly prohibited from transferring, changing or exchanging any prize in each case, except at AriZona's sole discretion.
3.6 Finalists waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize. All taxes (if applicable in Your jurisdiction) and other expenses not specified in these Terms as being covered as part of the prize are the sole responsibility of each Finalist and Winner. AriZona is not responsible to pay for any deductions to the prize money as a result of a local country or region’s tax regulations.
3.7 AriZona will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a Finalist because of an incorrect or changed address or other contact information. No more than the stated prize will be awarded.
3.8 All prize details not specified in these Terms will be determined in AriZona's sole discretion.
4.1 The Finalists of the Competition will be determined in accordance with the Terms, subject to AriZona’s verification procedures. AriZona will notify the Finalists using the contact information submitted in his/her Submission that he/she are one of the Finalists and whether he/she is the Third-Place Finalist, Second-Place Finalist or Grand Prize Winner (see clause 5).
4.2 Subject to these Terms, the Finalists will be the Participants selected by AriZona based on the amount of votes received at the end of the Voting Phase and taking into account the following selection criteria: overall creativity, originality, practicality, feasibility and besttasting. Votes accrued before the Voting Phase starts or after the Voting Phase ends will not be counted. The Finalists are expected to be announced in July 2023 on the Site.
4.3 Voters must enter their email address. Voters are able to unlimitedly vote on different Submissions. For the avoidance of doubt, it is not possible to vote more than once for the same Submission with the same email address.
4.4 Finalists may be required to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by AriZona, an affidavit of eligibility and liability/publicity release (unless prohibited by law) and tax forms (if applicable) by the date specified in AriZona’s notification or the prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited and awarded to an alternate finalist (time permitting and in AriZona's sole discretion). The affidavit of eligibility and liability/publicity release are subject to verification by AriZona. If any Finalist notification or Competition-related communication is rejected, faulty or returned as undeliverable, if the Finalist cannot participate in any portion of the prize or if the Finalist cannot be reached after a reasonable attempt has been made by AriZona or does not respond according to the notification's or AriZona's instructions (as determined by AriZona in its sole discretion), that Finalist may be disqualified and an alternate finalist may be contacted. AriZona will not be obligated to pursue more than three (3) alternate finalists for any reason, in which case some prizes may go unawarded. AriZona reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
4.5 Finalists may be mentioned by name and country on our Site, our social media pages, including Instagram, Twitter, TikTok, Facebook, Pinterest and our websites www.drinkarizona.com and www.drinkarizona.eu (the “Social Media”).
4.6 Finalists agree to take part in any publicity or promotional activity surrounding the Competition. AriZona will reimburse (subject to the provision of reasonable evidence) all reasonable expenses like travel expenses incurred by Finalists as a result of participating in such activities.
5.1 There will be one (1) winner of the Competition who will be determined in accordance with the Terms. AriZona will notify the Grand Prize Winner using the contact information submitted in his/her Submission that he/she may have won the prize of the Competition.
5.2 Subject to these Terms, AriZona will determine the Winner, the Second-Place Finalist and Third-Place Finalist of the Competition among the Finalists taking into account the following evaluation criteria: overall creativity, originality, practicality, feasibility and best-tasting.
5.3 The Grand Prize Winner and accompanying winning Submission will be announced together with the other Finalists in July 2023.
5.4 Participants accept that AriZona’s decision is final and binding, and no further correspondence or discussion will be entered into.
6.1 “Intellectual Property Rights” means any and all tangible and intangible, present or future:
(i) copyrights and other rights associated with works of authorship throughout the world, including but not limited to copyrights, neighbouring rights, moral rights, and mask works, and all derivative works thereof; (ii) trademark and trade name rights and similar rights; (iii) know-how and trade secret rights; (iv) patents, inventions, designs, algorithms, domain names and website addresses, utility models, and other industrial property rights, and all improvements thereto; and (v) all other intellectual and industrial property rights whether registered or unregistered and including applications or rights to apply for, and all extensions and renewals thereof and all similar or equivalent rights or forms of protection (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license, or otherwise now or in the future created.
6.2 To the maximum extent permitted by the applicable law, all the Submissions, including but not limited to any content or materials that you post, submit, publish, display, or transmit to AriZona or other persons in connection with the Competition become the property of AriZona and may not be acknowledged or returned. The Submissions must comply with these Terms. Any Submission will be considered non-confidential and non-proprietary. By providing any Submission, you grant AriZona and our affiliates and service providers, and each of their and AriZona’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, which assignment AriZona hereby accepts. Participant undertakes to perform any formalities required for the completion of this assignment of Intellectual Property Rights at the first request of Arizona. Participant acknowledges that Participant hereby expressly waives his/her moral rights (including but not limited to the right to attribution and right to oppose changes) insofar as permitted by law, in the Submission. Participant waives his/her claim, if any and insofar as permitted by law, to any form of compensation for the assignment of his/her Intellectual Property Rights. In the event the assignment of the Intellectual Property Rights vested in the Submissions is not possible, Participants grant AriZona a license to exploit his/her exploitation rights to the extend permitted by law.
6.3 AriZona is not responsible for obtaining or verifying any Intellectual Property Rights related to the Submission (including but not limited to the submitted name of the drink as part of the Submission). You represent and warrant that (i) you own or control all rights, including but not limited to any Intellectual Property Rights in and to the Submissions – other than the rights (already) owned by AriZona - and have the right to assign or, if not assignment is not permitted by law, grant the license granted above in clause 6.2 to AriZona and its affiliates and service providers, and each of their and AriZona’s respective licensees, successors, and assigns; and (ii) all of your Submissions do and will comply with these Terms. You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not AriZona or any other Released Party, have full responsibility for such Submissions, including their legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submissions.
6.4 Nothing on the Site, the Terms and your participation in the Competition is a license, grant or right to you to use anyone else’s, including AriZona’s, ideas, submissions or Intellectual Property Rights.
7.1 To the maximum extent permitted by the applicable law, by entering the Competition, Participant grants the Released Parties the sublicensable, free of charge, absolute right and permission to use, publish, post or display Participant’s name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to finalist and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties' sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to finalist, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and Participant releases all Released Parties from any and all liability related to such authorized uses. Nothing contained in these Terms obligates AriZona to make use of any of the rights granted herein and Participant waives any right to inspect or approve any such use. Any communication or information transmitted to AriZona and/or the Site by electronic mail or otherwise is and will be treated as non-confidential and non-proprietary.
7.2 Except as otherwise stated in these Terms, personal information collected in connection with the Competition will be used in accordance with the Privacy Policy available on the Site and with the consent given by Participant at the time of entry. AriZona collects personal information in order to conduct the Competition. Participant’s personal data will be used for the following purposes: (i) contact potential winners; and (ii) if Participant consents to receive marketing materials, including the newsletter from AriZona, to send additional information for promotional, marketing and publicity purposes to Participant via e-mail. You have a right of access to, modification and withdrawal of Your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to AriZona. The data controller is AriZona. The recipient of the data is AriZona. You should direct any request to access, update or correct information to AriZona. Please note that by participating in the Competition and accepting these Terms, you acknowledge and consent to the use of your data as set out above and that your personal data may be transferred and stored in the United States.
7.3 By entering the Competition, Participant accepts that the Submission will be made publicly available and will be capable of being shared by members of the general public across any and all media channels including the internet.
8.1 Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify any statutory consumer guarantees or any implied condition or warranty the exclusion of which from these Terms would contravene any stature or cause any part of these Terms to be void (“non-excludable guarantees”). Subject to the limitations in the preceding sentence, AriZona excludes from these Terms all conditions, warranties and terms implied by statute, general law or custom except for liability in relation to a non-excludable guarantee. Each Finalist agrees that the prizes are provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, beyond any non-excludable guarantees. Furthermore, the Released Parties are not responsible in any way for any additional expenses, omissions, delays, or rerouting resulting from any acts of any government or authority. Except to the extent prohibited by applicable law, under no circumstances will Participant be permitted or entitled to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-pocket expenses (if any), not to exceed ten euro’s (10 EUR), and Participant further waives all rights to have damages multiplied or increased. Some jurisdiction do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
8.2 To the extent permitted by applicable law, Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, Participant or by human error (forUK residents only, this disclaimer does not apply to the extent that any of the following occur for reasons within AriZona's reasonable control, where liability to the injured party cannot be excluded by law; for Italian residents only, this disclaimer does not apply to the extent that any of the following occur for reasons attributable to the willful misconduct or gross negligence or breach or rules of public policy by AriZona): Votes earned or Submissions made by illegitimate means (such as, without limitation, by an automated computer program) or Votes earned or Submissions made in excess of any stated limits; any lost, late, incomplete, illegible, mutilated, or misdirected e-mail, mail, or Competitionrelated correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Terms, in any Competition-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information; or inaccurate capture or calculation of Votes or Submissions. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s email account to receive e-mail messages. Released Parties are not responsible, and may disqualify Participant, if his or her e-mail address, telephone, or other contact information does not work or is changed without Participant giving prior written notice to AriZona. Released Parties are not responsible for any changes or unavailability of the Site that may interfere with the Competition or ability of the Participant to timely participate, receive notices or communicate with AriZona, in which case AriZona, in its sole discretion, may terminate or modify the Competition. Without limiting any other provision in these Terms, Released Parties are not responsible, or liable to Participant or any Finalist or any person claiming through Participant or such Finalist, for failure to supply the applicable prize or any part thereof in the event that the Competition’s activities or the Released Parties' operations or activities are affected by any cause beyond AriZona’s reasonable control, as determined by the AriZona in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi- governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state, provincial or local government authority, or any other cause, whether or not specifically mentioned above (“Force Majeure”). Any attempt by Participant or any other individual to deliberately damage the Site or undermine the legitimate operation of the Competition is a violation of criminal and/or civil laws and should such an attempt be made, AriZona reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
8.3 By participating in this Competition, subject to any non-excludable guarantees, Participant agrees to release, hold harmless and indemnify AriZona and Released Parties against any and all liability, loss, damage, expense, claims or actions of any kind whatsoever in connection with Participant’s Submission or in the Participant’s receipt, possession, ownership or use of any prize awarded in connection with the Competition or while traveling to or from any promotion event and/or participating in any prize-related activity with respect to or in any way arising from a promotion and/or acceptance or use of any prize, including, without limitation, liability for personal injury, damages or loss (however, for UK, Swiss, Italian, Dutch and German residents only, this release, hold harmless and indemnification does not apply to cases of bodily injury or loss of life or to the extent that any death or personal injury is caused by the negligence of AriZona which liability to the injured party cannot be validly limited or excluded by law). For German residents only: AriZona shall be liable without limitation insofar as the cause of the damage is based on intention or gross negligence. Furthermore, AriZona shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the participant regularly relies (cardinal obligations). In this case, however, AriZona shall only be liable for the foreseeable damage typical for the contract. AriZona shall not be liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences. The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
8.4 Except as prohibited by law, AriZona reserves the right to terminate the Competition in the event of Force Majeure or other failures or difficulties. If, for any reason, the Competition is not capable of running as planned, including tampering, unauthorized intervention, fraud, technical failures, or any other Force Majeure, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of the Competition, AriZona may, in its sole discretion, (i) void any suspect Submission; or (ii) suspend the Competition to address the impairment and then resume the Competition in a manner that best conforms to the spirit of these Terms. AriZona reserves the right to suspend or modify the Competition at any time without notice or obligation and award the prizes based on Votes accrued (if any) prior to modification or suspension or as otherwise deemed fair and appropriate by AriZona. If such modification or suspension occurs, AriZona will make a commercially reasonable effort to post notice of such on the Site.
9.1 Under no circumstances shall any Submission, the awarding of a prize or anything in this Competition be construed as an offer or contract of employment with AriZona or any of its affiliates. You understand and agree that AriZona may, but is not obligated to, contact you regarding a possible transaction or other business relationship between the AriZona and you.
9.2 All decisions of AriZona are final and binding on all matters relating to the Competition, including interpretation of these Terms, calculation of votes and awarding of the prizes.
9.3 Subject to applicable law, AriZona reserves the right to change these Terms at any time. AriZona will communicate changes to these Terms by posting the new version on Our Site here, or as otherwise determined by AriZona in its sole discretion, at which time such updated Terms will be immediately effective (unless prohibited by applicable law). Participant’s continued participation in the Competition after such notification of changes will constitute Participant’s acceptance of any and all such changes. No modification or amendment to these Terms proposed by Participant will be effective unless set forth in a written document executed by a duly authorized representative of AriZona.
9.4 The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
9.5 The headings of the paragraphs in these Terms are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of AriZona, the scope of these Terms, or the intent of any paragraph hereof. AriZona’s failure to enforce any term of these Terms shall not constitute a waiver of that provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Competitionrelated materials and/or these Terms (including any alleged discrepancy or inconsistency in these Terms), it will be resolved in the AriZona's sole discretion. AriZona is not responsible for any electronic or typographical error in the printing or reproduction of these Terms, administration of the Competition or in the announcement of any the prizes. Proof of sending or submission will not be deemed to be proof of receipt by AriZona. 9.6 In case of complaints or disputes send notice to AriZona info@drinkarizona.eu. For Italian participants: +3902448761, EuroFood Spa, ter attention: AriZona Beverages. Via Privata Tacito, 12 20094, Corisco (MI), Italy. Phone calls will be subject to standard costs by Italian service providers.
9.7 Where these Terms are provided in a language other than English, in the event of any conflict or inconsistency the English version of these Terms shall apply.
The Competition is organised and run under Dutch law. Any dispute arising under or related to the Competition (whether for breach of contract, tortious conduct or otherwise) will be governed by Dutch law. Any legal actions, suits or proceedings related to the Competition (whether for breach of contract, tortious conduct or otherwise) will be brought nonexclusively to the Dutch courts located in Amsterdam, the Netherlands, or the Court where the domicile/residence of the Participant is located and Participant accepts and submits to the personal jurisdiction of this court with respect to any legal actions, suits or proceedings arising out of or related to the Competition.