NESPRESSO INTERNATIONAL COMPETITIONS &
PROMOTIONS GENERAL RULES
1. Scope & application
1.1 Nestlé Nespresso SA, Avenue de Rhodanie 40, 1007 Lausanne, Switzerland ("Nespresso") is the promoter and organiser of competitions, games or promotional initiatives ("Promotions") to which these General Rules shall apply, unless otherwise specified.
1.2 These rules and conditions ("General Rules") shall apply to any Promotions that are organised by Nespresso on an international basis and that are published or distributed by way of Nespresso's internet website/s at www.nespresso.com/whatelse or other websites or internet or mobile applications provided by Nespresso (collectively "Websites").
1.3 Each Promotion shall include these General Rules and shall be accompanied by an additional document setting out the specific mechanism and rules applicable to the relevant Promotion ("Specific Rules"). In the event of conflict between the General Rules and the Specific Rules published for a particular Promotion, the Specific Rules shall prevail.
1.4 These General Rules shall not apply to other promotions organised by Nespresso's subsidiary or affiliated entities outside Switzerland which shall be subject to applicable local rules and regulations.
2.1 By submitting an entry or participating in a Promotion, participants confirm their understanding and acceptance of these General Rules and any applicable Specific Rules.
2.2 Promotions may not be available in all countries. Nespresso reserves the right to limit a Promotion to participants resident in certain territories. Participation shall be automatically void in any territory where a particular Promotion may not be legitimately undertaken.
2.3 Participants may be required to provide proof of eligibility to enter a Promotion or to accept and receive a prize. Unless otherwise specified in the Specific Rules, participants under the age of 18 must obtain written parental or guardian consent to enter or claim a prize.
2.4 In all cases, employees of Nespresso and its Affiliates and their immediate families, as well as their agents or any person professionally connected with a Promotion shall not be entitled to participate.
3. Personal information
3.1 Nespresso may require Participants to provide personal details as a condition of entry or participation in the Promotion. This includes: full name, postcode and country of residence, e-mail address, telephone (optional), age (or over 18 confirmation).
3.2 By participating in a Promotion, Participants undertake that all information submitted is true, current and complete at the time of entry. Participants are solely responsible for the accuracy of personal details and for informing Nespresso of any changes. Nespresso has no responsibility for failed contacts.
3.3 All personal data provided by Participants or received Nespresso will be stored, processed and handled in accordance with Swiss Federal Laws on Data Protection (1992 LPD 235.1 and
3.4 If a Promotion requests or incites Participants, whether for advantage or not, to relay or communicate ("forward") the Promotion to other persons, or if Participants themselves wish to forward the Promotion to other persons, the following shall apply:
(a) Participants may forward details of or otherwise invite or encourage other persons to participate in the Promotion by email ("Invitation") either directly or through Nespresso's Website or
other technical means as part of the Promotion, it being understood that Nespresso is simply forwarding the Invitation and has no responsibility for the addressee or content thereof;
(b) In all cases, the Participant is fully responsible for the choice and disclosure of the persons to whom an Invitation is sent and must obtain their explicit consent in advance;
(c ) All Invitations shall nominate the Participant as sender and not Nespresso;
(d) Nespresso will not forward more than five Invitations and Participants are required to respect the same limitation;
(e) Email addresses must be valid and different. Participants shall not forward Invitations to persons who have not given consent nor introduce fictitious friends or acquaintances for the purposes of advantage or gain.
4. Intellectual property
4.1 All trademarks, brands, logos and other materials or content in relation to Promotions are the exclusive property of Nespresso and may not be downloaded, copied, saved, modified or otherwise distributed or used for any purposes other than as envisaged by the General and Specific Rules.
4.2 All entries submitted and all materials created in connection with an entry shall be the property of Nespresso. By submitting an entry each participant thereby authorise free of charge, Nespresso to reproduce, communicate, distribute, adapt, translate, modify, use or exploit, worldwide any copyrights and any other intellectual property or similar rights in that entry, by any means. Participants confirm they have not entered into any agreements with third parties that could impair Nespresso's right to use their entry and agree to take all action and sign all documentation that may be necessary to protect and/or use those rights.
4.3 Where a Promotion entails the composition or submission of text, images, videos or other media, each participant undertakes that the entry is their original work and does not use or infringe the intellectual property or other rights of any other person. Any person/s whose image is used in an entry must have given their express consent (parental if under the age of 18) to its inclusion and use. Participants will be entirely responsible for any claim by any third party in respect of their entries.
4.4 Nespresso has no obligation to use any entry, even if it is a winning entry. Other than as described in these Rules or required by law, participants will not be entitled to any compensation or credit for use of an entry.
5.1 Nespresso reserves the right to alter or cancel a Promotion in the event of unforeseen circumstances or to amend or update these General Rules or any Specific Rules from time to time.
Nespresso will publish any amended or updated Rules as initially, which shall then apply to all existing and future entries. If a participant does not agree to any such changes, the sole remedy shall be to withdraw their entry from the Promotion.
5.2 Subject to any mandatory legal requirements, Nespresso's determination with regard to these General Rules and the Specific Rules applicable to any Promotion will be final and binding and no correspondence or discussion will be entered into.
5.3 These General Rules are published in English and in the Swiss national languages of
French, German and Italian. Nespresso may, without obligation, provide additional local language translations for the non-binding assistance of Participants.
5.4 These General Rules and any Specific Rules issued by Nespresso are governed by Swiss law.
NESPRESSO Specific Rules
1.1 This Mechanic is known as: #whatelse
1.2 The principle of this Mechanic is that participants create a still photograph, a video or a quote illustrating what ‘What Else?’ means to them.
The participants share their picture, video or quote by using the hashtag #whatelse on Instagram, Twitter or via a Facebook connect on the website www.nespresso.com/whatelse. The SUBMITTED ENTRIES WILL BE DISPLAYED IN NESPRESSO.COM WEBSITES, FACEBOOK PAGE AND TWITTER/INSTAGRAM, ALWAYS QUOTING THE CREATOR OF SUCH PICTURE, VIDEO OR QUOTE.
1.3 This Mechanic applies in: [market to fill-in]
1.4 Nespresso, Division of [market to fill-in] ("Nespresso") is the organizer of this Mechanic. These Specific Rules set out the particular terms and conditions applicable.
1.5 By submitting an entry, participants confirm their understanding and acceptance of the General Rules applicable to Nespresso's Promotions.
2.1 Participation in this Mechanic will be solely by online means as provided on Nespresso's website www.nespresso.com and on other interactive platforms designated by Nespresso, including, without limitation or obligation, Twitter, Instagram, Facebook or similar. Participants will require use of a computer or mobile or other terminal with internet access and a valid e-mail or verifiable return address.
2.2 All participants must be and certify that they are over the age of 18 at the date of submitting an Entry. Nespresso reserves the right to verify the age of any entrant and to refuse any entry without further enquiry if it suspects that a participant may be under age. Nespresso may also disqualify any under-age participant at any time.
2.3 All entries shall be received before [market to enter deadline]
2.4 Winner will be contacted via Facebook, Twitter or Instagram by [market to fil-in] and could be announced via Facebook wall post
3.1 Participants shall follow the procedure specified at www.nespresso.com/whatelse or other on-line entry point for submission of Entries, which include, without limitation: www.facebook.com, www.twitter.com, www.instagram.com.
3.2 Entries shall consist of a single, still image, a video or a quote using the imagination and skill of the participant in sharing their vision of what ‘What else’ means to them and using the hashtag #whatelse on Twitter and/or Instagram. The user can also participate on the www.nespresso.com/whatelse using a Facebook Connect.
When posting on Instagram or Twitter, the users should geo-localize the post to be able to participate to the contest.
The geo-localization will determine the country for which you are participating to.
The profile must also be public.
3.3 All users should have:
- An account on Facebook, Instagram or Twitter
- The profile must be public
3.4 All Entries (including their hashtags) must:
• Not contain any alcohol;
• be clearly visible and reasonably lit;
• be in general good taste and not include any vulgar, offensive, derogatory or illegal matter or illegal ingredient;
• not depict any trademark, symbol or logo of any third party;
• not utilize or depict any situation endangering the participant or any other person
• not utilize or depict any situation forbidden in the country where the participant is located
• be the original creation of the participant and not include the image or work of any other person without that person's express permission (Nespresso may require proof of such permission).
In the event that an identical picture is submitted as an entry by two or more participants, only the first entry submitted shall be considered a valid entry, duplicative entries shall be disqualified.
All entries will be moderated before being published on the social wall to ensure they apply the above rules and may be subject to deletion if the above rules are not observed.
The approved contributions will be displayed on the www.nespresso.com/whatelse website in the country where the post was geo-localized.
3.5 A participant, based on their social network profile, can participate up to 5 times on Facebook. This allows him to multiply his chances to win.
On Instagram and Twitter, only 5 contributions of the same account will be part of the winning withdrawal. These 5 pictures will be randomly picked.
3.6 Solely person can win a prize and he cannot win multiple prizes simultaneously. If the participant participated in 2 different locations, then one prize will be chosen for him
The winner(s) will be randomly chosen.
The winner will be contacted via a private message on the social network he participated on
[Market to fill-in] Please explain the prize in details
If the given prize is not accepted, the financial equivalent should be given to the winner
All administrative and medical modalities for taking part of the prize are not taken care by Nespresso
6.1 Entries received by Nespresso may, without obligation or guarantee, be used by Nespresso on the Nespresso website http://www.nespresso.com/whatelse, alone or together with entries from other participants and may generally be used by Nespresso for presentation and promotional purposes without remuneration or limitation in time or space. Nespresso will not use entries in paid commercials or advertising without further express permission from the participant.
6.2 In particular, Entries may be published by Nespresso on any of its websites or other interactive properties, applications or sites, including but not limited to: www.nespresso.com, www.facebook.com/nespresso, in its boutiques and at other points-of-sale or presentation. Participants recognize and accept that such publication may take place outside their Facebook or other profile, unless Nespresso is expressly requested otherwise.