Zest AI ICU Day All Month Long 2024
For October 1st through 31st, 2024
Terms and Conditions associated with the International Credit Union Day All Month Long Promotion:
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- The promotion is participating in and completing a minimum 30-minute call with Zest AI between October 1 and October 31, 2024 (“Promotion”). In participating in the Promotion, you (“You” or “Participant”) agree to these terms and conditions (“Terms”), which Terms govern the Promotion and form a contract between You and Zest AI. Without limitation, this contract includes indemnity obligations on the part of the Participant and a limitation of the Participant’s rights and remedies.
- This Promotion is in no way sponsored, endorsed or administered by, or associated with any third party.
- Eligibility. No purchase or payment is necessary to enter this Promotion. This Promotion is only open to current employees of U.S. credit unions that are not current customers of Zest AI. Only one (1) eligible meeting per credit union, and up to five (5) Participants per credit union per meeting. Upon completion of the Promotion, eligible Participants may select either a one-time $100 donation to the National Credit Union Foundation on behalf of their credit union (“Donation”) or for each eligible meeting Participant to receive one (1) item from the America’s Credit Union Museum online store (“Branded Item”). Your participation in this Promotion is wholly voluntary and you understand that, except as provided above and as applicable, you will not be entitled to receive any other payment or any other benefit in exchange for Your participation in the Promotion.
- Ownership of Feedback. You agree that all feedback, discussion, statements, and other content provided during the Promotion (collectively, “Feedback”) shall be the sole property of Zest AI. You grant full permission to Zest AI and its officers, directors, employees, agents, successors, and assigns, promotion agency and anyone authorized by any of them, to use Participant’s Feedback, social media, name, photograph, likeness, voice and biographical data, in whole or in part, in any and all media for the purposes of advertising, publicity and trade without additional compensation or right of approval. Participant may be required to complete and return an affidavit of eligibility and or/sign publicity and liability releases before the Donation or Branded Item will be provided. Each Participant is responsible for any and all applicable fees, service charges, surcharges, all insurance, federal, state, and local taxes, and any other unspecified expenses associated with acceptance or use of the Donation or Branded Item.
- You agree that you will not take any action, or fail to take any action, which results or might reasonably be expected to result in the use Zest AI logos or trademarks in a manner which is or might reasonably be expected to be prejudicial, harmful, defamatory or embarrassing to the name, image, reputation, goodwill or business of the Zest AI brand.
- Collection of Personal Data. You consent to us collecting your personal data in relation to the Promotion, and you understand that any personal data provided by you during your participation in the Promotion will be handled in accordance with our privacy policy, which can be found at: https://www.zest.ai/privacy-policy.
- Disclaimers: Zest AI makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Donation or Branded Item furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DONATION AND/OR BRANDED ITEM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ZEST AI HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
- General Conditions: Zest AI is not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled, postage due or damaged submissions; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of submissions, or in any Promotion-related materials. Zest AI is also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to Participants’ or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website or who are in violation of these Terms, as solely determined by Zest AI, may not receive the Donation or Branded Item. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; ZEST AI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If for any reason the Promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Zest AI, which corrupts or affects the administration or proper conduct of this Promotion, the Zest AI reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Promotion or any element thereof. Participants, by participating, agree that Zest AI and its respective parents, affiliates, subsidiaries and advertising and Promotion agencies and all of their respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and shall be held harmless by Participants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Donation or Branded Item or participation in this Promotion. Zest AI shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the Participants under these Terms if such delay or failure is caused by circumstances beyond its reasonable control, including – without limitation – delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused, including – without limitation – as a result of war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood, natural catastrophes or global health crises.
- Disputes: Except where prohibited, Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of California or the appropriate Court located in the state of California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of the Participant and Zest AI in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Zest AI reserves the right to update the terms and conditions at any time.