2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.
7. Change of Information
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability of Products / Services
Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.
Nestlé Nespresso S.A.
© 2003 Nestlé Nespresso S.A. All rights reserved.
1. Applicability of General Conditions of Sale
1.1 Each order placed with Nestlé Nespresso S.A. or any of its affiliated companies (“Nespresso”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
1.3 Nespresso reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
2.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
3.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
3.3 If you know or suspect that someone else knows or has used your password, you should notify Nespressoimmediately.
4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders you place with Nespresso on this website are subject to minimum and maximum quantity limitations.
4.3 Nespresso offers its products on this website within the limits of its available stocks.
5. Order Confirmations
5.1 The order you place on this website will not constitute a binding contract unless and until Nespresso transmits a confirmation by e-mail.
5.2 Nespresso reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
5.3 The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
6.1 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
6.2 Nespresso reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
7. Customs Duties
7.1 When ordering products for international delivery to countries other than those where Nespresso originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
7.2 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
8.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
8.2 Nespresso does its utmost to ensure deliveries within two working days after receipt of an order.
8.3 Deliveries can only be made to the countries specified on this website.
8.4 Free standard delivery on online orders including:
- 200 OriginalLine capsules
- 150 VertuoLine capsules
- 150 VertuoLine and OriginalLine capsules.
8.5 Free standard delivery when buying any Nespresso coffee machine.
9. Verification of Merchandise
9.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
9.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nespresso within 7 days after the delivery. Nespresso shall in such a case provide you with identical replacement merchandise.
10.1 You have the right to return any merchandise that does not suit you within 14 days after receipt of the order.
10.2 Nespresso will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.
10.3 When returns are properly completed, Nespresso shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon reception of the returned merchandise. The return postage will be at your charge.
11.1 Invoices are sent after delivery of the merchandise and are fully payable within thirty days.
11.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
12. Late Payment
12.1 In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
12.2 Nespresso reserves the right to refuse any new order until full payment of any overdue balance.
13. Machine Warranty
13.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
13.2 Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
14. After-Sales Service
14.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso by telephone for advice and assistance.
14.2 If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.
15. Limitation of Liability
15.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
15.2 For international deliveries to countries other than those where Nespresso originates its shipments, Nespresso shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
15.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Nespresso BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY Nespresso), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
16. Force Majeure
16.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
16.2 In the event of delay, Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
17. Applicable Law and Forum
17.1 The present General Conditions of Sale are governed by the law of the country of incorporation of the Nespressocompany that invoices you for the order.
17.2 The exclusive forum is in the same country as that of the applicable law.
NESTLE Nespresso LTD.
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 or other websites or internet sites, pages or properties generated or managed 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 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 or otherwise limit participation, as indicated in the relevant Specific Rules. 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 and provide on demand written parental or guardian consent to enter or claim a prize.
2.4 In all cases, employees of Nespresso, 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.
3.1 Promotions are free to enter and no purchase of any kind is necessary.
3.2 Entries must be submitted in the manner and form and by the closing date and time stated in the Specific Rules. Nespresso may disqualify any entry that is incomplete or does not fully comply with these Rules.
3.3 Only one entry per person is allowed, unless expressly permitted in the Specific Rules. In the event of multiple entries for or on behalf of any person, all entries from that person will be disqualified. Entries from agents, third parties, organised groups or generated automatically by computer will not be accepted.
3.4 No receipt for entries will be issued. Nespresso does not accept responsibility for any entries that are lost, damaged or delayed as a result of postal or other transmission failure or any network, hardware or software failure. Proof of sending will not be accepted as proof of receipt.
3.5 Entries that are vulgar, offensive, indecent, defamatory, inappropriate for general public communication or which portray or encourage illegal activities will be automatically disqualified.
3.6 Participants shall have a general obligation and duty of honesty and fair-play in relation to any Promotion.
3.7 Any breach of the General or Specific Rules will invalidate a participant's entry. If a breach has occurred but is discovered after the award of a prize, Nespresso may require return of the prize. Nespresso may, at its discretion, publish reasons for such breach including the identity of the participant concerned.
4.1 Prizes are as described in the Specific Rules and, unless specifically stated to the contrary, will not include any other charges, expenses, personal or additional items which will be the sole responsibility of the prize winner.
4.2 A list of winners will be posted on the Website/s. All decisions of Nespresso are final, binding and not open to discussion or appeal. Nespresso will advise winners by e-mail, as provided with their entry, but shall have no responsibility for failed communications or errors however caused.
4.3 The Specific Rules may set a time limit or procedure for claiming or accepting a prize. Failure to claim a prize by the time or in the manner specified will make a potential prize claim invalid and Nespresso may re-offer the prize.
4.4 If a potential winner cannot be contacted for any reason, or is unable or unwilling to take up a prize, an alternate winner may be selected by Nespresso and offered the prize without any liability to the first potential winner.
4.5 All prizes are non-transferable, may not be re-sold and there are no cash or other alternatives. Prizes are subject to availability and Nespresso reserves the right to substitute prizes of equal or greater value at any time.
4.6 In addition, all travel or holiday prizes are subject to the following:
(a) Nespresso will have full discretion to select appropriate and effective means and times of travel. Travel is subject to availability and must be completed on the dates specified. Restrictions may apply.
(b) It is the responsibility of winners to make arrangements to enable them to take up the prize offered, otherwise a prize may be forfeited and awarded to another participant.
(c) The actual value of travel depends on the date, time, destination and most efficient means of transport. Nespresso will cover actual costs for travel and no cash difference may be demanded or paid in the event of a difference between actual costs and any stated or approximate value.
(d) Winners are responsible for all expenses of a personal or other nature that are not specifically included in the prize description (e.g. spending money, mini-bar, laundry, telephone, pay-per-view, insurance, or other expenses).
(e) Winners are responsible for obtaining and providing all required travel documents, including any required visas, passports, vaccination or health certificates, or other documents required for international travel and/or the prize destination.
(f) Nespresso has no liability if winner/s are unable for any reason to take up a prize as proposed.
5. Personal information
5.1 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). Other information may also be required.
5.2 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.
5.4 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.
5.5 Prize winners agree to take part in any reasonable publicity required by Nespresso and consent to the use by Nespresso or its Affiliates in that connection of their name, likeness and/or images without further compensation.
6. Intellectual property
6.1 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.
6.2 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 transfers to Nespresso the full worldwide copyright and all other intellectual property or similar rights in that entry, including, without limitation, all rights to copy, communicate, distribute, adapt, translate, modify, use or exploit the work 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.
6.3 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.
6.4 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.
7.1 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 on its websites, 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.
7.2 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.
7.3 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.
7.4 These General Rules and any Specific Rules issued by Nespresso are governed by Swiss law and any disputes which cannot first be settled amicably shall be submitted exclusively to the courts of Canton Vaud, Switzerland.
NESTLE Nespresso LTD.
Nespresso CH Ltd.
VAT number: GB 169 5627 21
Registered in the United Kingdom No. 156925
at St. George's House, Croydon, Surrey, CR9 1NR
Nespresso® Win a #NespressoExperience Contest
Official Rules (the “Rules”)
1.The Nespresso Win a #NespressoExperience Contest (the “Contest”) commences at 12:00:01 AM EST on April 30, 2015 and ends at 11:59:59 PM EST on June 21, 2015 (the “Contest Period”). All entries must be received by 11:59:59 PM EST on June 21, 2015 (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
2.The Contest is only open to legal residents of Canada who have reached the age of majority in their Province or Territory of residence at the time of entry, excluding: (a) employees, directors, officers, representatives and agents of: (i) Nestlé Canada Inc., including its Nespresso Canada division, (the “Sponsor”); (ii) the independent contest management organization appointed by the Sponsor to administer the Contest (the “Contest Administrator”); (iii) any affiliates of the Sponsor or the Contest Administrator; (iv) any of the Sponsor’s advertising, promotion and fulfillment agencies involved in the development or execution of the Contest in any way; and (v) any persons or entities involved in judging the Contest; and (b) all persons with whom those specified in (a) are domiciled or immediately related. The persons and entities specified in (a) and (b) are referred to collectively herein as the “Contest Entities”. For the purposes of these rules, two people are “immediately related” if one is the husband, wife, spouse, common-law partner, son, stepson, son-in-law, daughter, stepdaughter, daughter-in-law, sister, stepsister, sister-in-law, brother, stepbrother, brother-in-law, mother, stepmother, mother-in-law, father, stepfather or father-in-law of the other. For clarity, groups, clubs, organizations, businesses and commercial and non-commercial entities cannot enter the Contest.
3.An entrant must meet the eligibility requirements set out in these Rules from the time of entry until the time he/she is confirmed a winner (if he/she becomes a winner).
How To Enter
4.NO PURCHASE NECESSARY. This Contest takes place on Instagram, Facebook and Twitter and requires you to have a valid Instagram, Facebook or Twitter account to enter. If you do not have such an account, visit www.instagram.com, www.facebook.com or www.twitter.com and follow the online instructions to register for a free account.
5.Once you have your own personal Instagram, Facebook or Twitter account, take the following steps during the Contest Period to receive one (1) entry into this Contest, subject to these Rules, and a chance to win the Contest prize (the “Prize” or “Grand Prize”):
(a)Visit one of the participating Nespresso booths on Nespresso’s Canadian mall event tour (a “Nespresso Booth”) and enjoy a free coffee tasting. A list of the participating Nespresso Booth locations and dates can be found at the end of these Rules.
(b)After tasting your free coffee, place your coffee cup on the designated spot on the Contest stand beside the Nespresso booth. Using the touchscreen on the Contest stand, select your preferred travel destination background.
(c)Use your mobile phone to take an original picture of the coffee cup and the travel destination background (a “Photo”).
(d)Post your Photo to your Instagram, Facebook or Twitter account with the hashtag #nespressoexperience (a “Contest Post”). It is suggested that you indicate where you would like to travel and who you would like to travel with (tagging your potential travel partner is ideal). For example, “I’d like to share my #NespressoExperience with [tag potential travel partner] in [indicate preferred travel location].” However, only the Photo and the hashtag are required to submit a valid Contest Post and enter the Contest.
6.Any Contest Post that does not follow the above format, or that otherwise fails to meet the requirements of these Rules, as determined by the Sponsor in its sole and absolute discretion, will not constitute an eligible entry in this Contest. By following the directions above, and participating in this Contest, you confirm that you have read and agreed to these Rules.
7.If the social media account you use to submit your Contest Post is set to “Protected Mode” or is otherwise unavailable to the Sponsor, your Contest Post may not be visible to the Sponsor. Any Contest Post that is not visible to the Sponsor will not constitute an eligible entry in the Contest. To ensure your Contest Post is visible to the Sponsor, set your social media account to public mode. The Sponsor and the Releasees shall bear no legal liability, express or implied, in relation to any Contest Posts that are not visible to the Sponsor.
8.The Prize will be awarded to the person who submits the winning entry only. That person will have the sole right to select who participates in the Prize with him/her. Being mentioned as a potential travel partner in the winning entry does not give you any right or entitlement to participate in the Prize.
9.If you opt to participate in this Contest via your wireless mobile device, standard text messaging and/or other applicable data rates may apply. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Mobile device service may not be available in all areas, which may impede your ability to enter this Contest.
10.Limit one (1) entry per person during the Contest Period, regardless of the number of Contest Posts submitted, and regardless of the email address, telephone number, mailing address, Instagram, Facebook or Twitter profile or other information associated with the account used to enter this Contest. Once an entrant has reached this limit, any additional entries submitted by an entrant in excess of this limit will be disqualified and will not constitute eligible entries in the Contest.
11.All entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility from any entrant, which proof shall be in the form required by the Sponsor. Failure to provide proof of identity and/or eligibility to the satisfaction of the Sponsor in a timely manner may result in disqualification.
Contest Post Restrictions
12.By participating in this Contest and posting one (1) or more Contests Posts, each entrant agrees to be bound by these Rules and further represents and warrants, in respect of each such Contest Post (including the Photo included therein), that:
(a)it is original to him/her, it is not a duplicate or modified version of any other Contest Post previously entered in the Contest or in any other contest or promotion, it has never been previously exhibited publically outside of this Contest and he/she has all necessary rights in the Contest Post and all of its components to enter it in the Contest;
(b)at the time that it is provided, any information contained within the Contest Post is true, accurate, complete and not misleading;
(c)it does not contain any viruses, bugs or other elements that could impair, slow down or otherwise cause damage to the applicable social media site, any Sponsor property or the property of third parties;
(d)it does not contain any reference to or likeness of any third parties unless consent has been obtained from all such individuals (if any third parties are under the age of majority in their province or territory of residence, consent must be obtained from such individual’s parent or legal guardian);
(e)it is not obscene, indecent, threatening, harassing, abusive or otherwise inappropriate, including, without limitation, through the depiction of violent, humiliating, derogatory, racist, sexist, illegal, risky or vulgar scenes;
(f)it does not contain any personal information, including, without limitation, personal names, email addresses, street addresses, other contact information or licence plate numbers;
(g)it does not contain any commercial messages or URLs or links to other websites;
(h)it does not, and will not, in any way, give rise to any claims of infringement or defamation, give rise to any claims for any payment whatsoever or breach the rights of any third parties, including, without limitation, any rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property;
(i)the Contest Post and the associated entrant and entry information does not, and will not, in any way, harm, defame or impair the public image and goodwill of the Sponsor or of the Nespresso brand; and
(j)it does not and will not, in any way, violate any applicable Instagram, Facebook or Twitter rules or terms or any applicable laws or regulations.
13.BY POSTING A CONTEST POST, EACH ENTRANT AGREES THAT THE CONTEST POST (INCLUDING THE PHOTO INCLUDED THEREIN) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR AND THE RELEASEES (DEFINED BELOW) SHALL BEAR NO LEGAL LIABILITY, EXPRESS OR IMPLIED, IN RELATION TO ANY CONTEST POSTS (INCLUDING ANY PHOTOS INCLUDED THEREIN), INCLUDING, WITHOUT LIMITATION, IN RELATION TO ANY USE MADE OF ANY SUCH CONTEST POSTS (INCLUDING ANY PHOTOS INCLUDED THEREIN) BY THE RELEASEES.
14.Any Contest Posts that the Sponsor deems, at any time, in its sole and absolute discretion, to be in violation of these Rules will not constitute eligible entries in the Contest.
Use of Contest Posts
15.By entering the Contest and posting a Contest Post, each entrant:
(a)grants to the Sponsor and its agents and designees, in perpetuity, a non-exclusive, worldwide, irrevocable, royalty-free licence to publish, display, reproduce, modify, edit or otherwise use the Contest Post (including the Photo included therein), in whole or in part, in its original form or as edited or modified in any way at the direction of Sponsor, anywhere in the world and in any and all forms of media whatsoever, in connection with this Contest or for any other advertising, promotional, commercial or other lawful purposes whatsoever in the sole and absolute discretion of the Sponsor, including, without limitation, in association with the entrant’s first name;
(b)waives any and all moral rights the entrant may have in and to the Contest Post (including the Photo included therein) in favour of the Sponsor and its agents and designees, including, without limitation, any person authorized by the Sponsor to publish, display, reproduce, modify, edit or otherwise use the Contest Post (including the Photo included therein); and
(c)agrees to release, defend and indemnify the Releasees and Instagram, LLC, Facebook, Inc. and Twitter Inc. from any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, arising out of or relating in any way to the Contest Post (including the Photo included therein) or the use of the t Contest Post (including the Photo included therein) in any way by the Releasees or Instagram, LLC, Facebook, Inc. or Twitter Inc., including, without limitation, any and all liability, claims, losses, actions and damages based upon rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property;
all without any limitation of any kind, without any right of approval and without any obligation upon the Sponsor to make any payment of any other compensation or consideration of any kind to the entrant.
Prize and Odds of Winning
16.There is a total of one (1) Grand Prize available to be won at the outset of this Contest. The Grand Prize consists of a five (5) night trip for the Grand Prize winner and one (1) guest (collectively, the “Prize Participants”) to the destination of the Grand Prize winner’s choice (the “Prize Destination”), which must be selected from a list of destinations provided by the Sponsor in its sole and absolute discretion. (The list of destinations is currently New York, Miami, London, Rome, Paris and Barcelona, but Sponsor reserves the right to modify that list at any time for any reason, in its sole and absolute discretion.) Specifically, the Grand Prize includes and is expressly limited to the following components:
(a)roundtrip business class airfare for each of the Prize Participants to the Prize Destination, from the major international airport closest to the Grand Prize winner’s Canadian residence at the time of entering the Contest (the “Departure Point”) (the Prize Participants for the Grand Prize must travel on the same itinerary, transportation for the Prize Participants to/from such airport is at their own cost and the airline and other airfare details are to be selected by the Sponsor in its sole and absolute discretion);
(b)five (5) nights’ accommodation for the Prize Participants in a hotel in the Prize Destination (one (1) suite room, double occupancy), the room, hotel and other accommodation details to be selected by the Sponsor in its sole and absolute discretion (a valid major credit card or a cash deposit may be required to be presented upon check-in to the hotel);
(c)one (1) complimentary dinner for the Prize Participants at a five-star restaurant in the Prize Destination (to a maximum of $1,000.00 CAD – restaurant and other dinner details to be selected by the Sponsor in its sole and absolute discretion); and
(d)one thousand Canadian dollars ($1,000.00 CAD) in spending money.
17.Acceptance of the Grand Prize is subject to these Rules, including, without limitation, the following terms and conditions:
(a)Each of the Prize Participants must sign a consent and release document, in the form provided by the Sponsor, in respect of his/her participation in the Grand Prize. If the Grand Prize winner’s guest is a minor, his/her parent or legal guardian must sign the consent and release document on behalf of the minor. The Grand Prize winner’s guest must be over the age of majority in the Province in which that guest resides or, if under the age of majority in that Province, must be accompanied by his/her parent or legal guardian (in which case the Sponsor and Releasees are not responsible for any costs or expenses of the parent or legal guardian) or have his/her parent or legal guardian’s permission to travel with the Grand Prize winner.
(b)The Prize Participants must work with the Sponsor, or a third party travel agent of the Sponsor’s choice, to schedule the Grand Prize trip. The Grand Prize trip must be booked by December 31, 205 and must be completed by December 31, 2016. In the event that the Grand Prize winner is unable to meet these deadlines, he or she will have forfeited the Grand Prize and the Grand Prize winner will not be provided with a substitute or cash equivalent. No Grand Prize trip will be rescheduled or substituted once reserved.
(c)The Sponsor is not responsible for paying any other expenses or charges not included in the above description of the Grand Prize, including, without limitation, any travel to and from the Departure Point, ground transportation, meals, airport taxes, telephone, fax or cable charges, personal services and expenses such as laundry, valet and room service, gratuities, optional tours, insurance and other incidental costs or expenses of the Prize Participants related to their participation in or use of the Grand Prize.
(d)The Prize Participants will be responsible for obtaining all the necessary medical approvals (including, without limitation, inoculations), administrative documents (including, without limitation, passports and visas) and any permits/authorizations required for, and for complying with all laws and regulations relating to, the Grand Prize trip. The Sponsor shall not be held liable in the event that any Prize Participants are unable to benefit from the Grand Prize, or any part thereof, because of having failed to complete or comply with such requirements.
(e)The Sponsor shall not be held responsible if a force majeure or other factor beyond its reasonable control prevents the Grand Prize or any part of the Grand Prize from being fulfilled. In any such event, the Grand Prize winner will not be provided with a substitute or cash equivalent for the Grand Prize, or any such part of the Grand Prize.
(f)The Sponsor makes no express or implied warranties or conditions of any kind with respect to the safety, appearance or performance of the Grand Prize. The Prize Participants assume full responsibility for any and all damages, losses or injuries of any kind that may arise while participating in and making use of the Grand Prize, including, without limitation, all related travel.
(g)The Sponsor is not a travel agency or a transportation company, and it cannot guarantee the Prize Participants against any damage, loss, harm or inconvenience which might be suffered by them in the context of the Grand Prize trip. The Prize Participants are responsible for having all necessary insurance coverage for all such damages, losses, harm and inconvenience as well as full insurance coverage for health, accident, repatriation and personal liability. Proof of insurance may be requested to obtain the Grand Prize.
18.The approximate retail value of the Grand Prize is fifteen thousand Canadian dollars ($15,000 CAD). The approximate odds of winning the Grand Prize depend on the total number of eligible entries received by the Contest Closing Time. The approximate retail value of the Grand Prize corresponds to the estimated price including tax at the date on which these Rules were drawn up. It is provided as a guide only and may vary depending on the date of booking, departure city, date of travel and changes in exchange rates. The Grand Prize winner will not be entitled to the difference, if any, between the actual and approximate retail value.
19.All amounts and costs related to the Prize, including but not limited to all income, sales, use and other taxes (and the reporting thereof) imposed as a result of the award of a Prize, which are not expressly covered by the Sponsor are the responsibility of the individual winner. It is the individual winner’s responsibility to understand and abide by any federal, provincial, territorial, local or foreign tax laws that may apply to receipt of a Prize.
20.A person eligible to win a Prize must accept the Prize as awarded and may not transfer such Prize or substitute or exchange for, or apply the Prize’s value towards, cash or a higher cost or alternative prize. The Prize is non-refundable, cannot be replaced if lost or stolen and is provided on an “as is” basis, without any representation or warranty of any kind. The Sponsor reserves the right, in its sole and absolute discretion, to make substitutions of equivalent or greater kind or value in the event of the unavailability of all or part of a Prize or for any other reason whatsoever.
How the Prize is Awarded
21.A random draw (a “Grand Prize Draw”) to award the Grand Prize, subject to these Rules (including the verification and skill-testing question requirements), will be held on July 20, 2015, at approximately 2:00 PM EST in Montreal, QC from all eligible Contest entries received during the Contest Period. One (1) potential winner will be randomly selected in the Grand Prize Draw. The Grand Prize Draw will be conducted by the Contest Administrator.
22.Within two (2) days of the date on which his/her entry is selected as a potential winner, the potential winner of the Prize will be notified through the social media account he/she used as part of his/her entry, requesting a response from the potential winner via email. If the potential winner fails to respond to such notification within seventy-two (72) hours, then, at the Sponsor’s sole and absolute discretion, that potential winner may be disqualified without liability to the Sponsor. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. After initial contact is made via the applicable social media account, a potential winner must provide contact details including an email address, phone number and physical home address. The potential winner will then receive official notification via email or certified or overnight mail delivery. Through the winner notification process, the potential winner must confirm his/her eligibility and indicate his/her willingness to accept the Prize. No communications will be entered into other than with the potential winners.
Declaration and Release and Skill-Testing Question
23.Before being confirmed as a winner of a Prize, each potential winner must complete and return, within ten (10) days of date of receipt, a Declaration and Release Form (the “Declaration and Release”), which (among other things):
(a)confirms compliance with these Rules;
(b)acknowledges acceptance of the Prize as awarded;
(c)releases the Contest Entities and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the potential winner’s participation therein and the awarding and use/misuse of the Prize or any portion thereof; and
(d)confirms the potential winner’s consent to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast or the internet.
24.Within the time period specified by the Sponsor, the potential winner of the Grand Prize must also return a consent and release document, in the form provided by the Sponsor, for his/her guest that is signed by the guest, in respect of that guest’s participation in the Grand Prize. If a guest is a minor, his/her parent or legal guardian must sign the consent and release document on behalf of the minor.
25.Further, prior to being confirmed as a winner of a Prize, each potential winner must also correctly answer a mathematical skill-testing question contained in the Declaration and Release, without assistance of any kind, whether mechanical, electronic or otherwise.
26.If a potential winner of the Grand Prize fails to return the properly executed Declaration and Release within the specified time period, or his/her guest’s properly executed consent and release documents within the specified time period, the Sponsor may, in its sole and absolute discretion, disqualify the potential winner, thereby forfeiting any and all rights the potential winner may have to the Prize. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules.
27.If a selected potential winner does not meet the eligibility requirements, does not correctly answer the mathematical skill-testing question, does not complete and return the Declaration and Release, is unable or unwilling to accept the Prize as offered or elects to decline the Prize, he/she will be disqualified and an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Any disqualified winner will not receive any alternate prize, substitution or compensation.
28.Upon satisfaction of all requirements of these Rules, including, without limitation, receipt of the completed Declaration and Release, winners will be contacted to make further Prize delivery arrangements.
Additional Rules and Restrictions
30.By participating in this Contest, entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor and the Contest Administrator, which shall be final and binding on all entrants in all matters relating to this Contest, subject to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable. In the event an entrant wins a Prize and is later found to be in violation of these Rules, he/she will be required to forfeit the Prize or to reimburse Sponsor for the stated value of the Prize if such violation is discovered after winner has used the Prize. False, fraudulent or deceptive entries or acts shall render entrants ineligible for the Prize.
31.Proof of sending (regardless of method) is not proof of receipt by the Sponsor or Contest Administrator. Incomplete, altered, mutilated or garbled entries will be disqualified. The Releasees are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, the effects of hackers, the failure of any electronic equipment, computer transmissions and/or network connections or any other reason beyond Sponsor’s reasonable control; all of which will be disqualified. The Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including, without limitation: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entrants are restricted to use of ordinary and typical computer equipment and internet access use in respect of the Contest.
32.The Releasees are not responsible for the cancellation or postponement of any component of this Contest or any associated programs and materials. The Releasees are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest. The Releasees are not responsible for typographical or other errors in the offer or administration of this Contest, including, without limitation, errors which may occur in connection with the printing or advertising of this Contest, these Rules, administration or execution of the Contest, the conducting of the prize drawing, the cancellation of any element of a Prize, the processing of entries or in the selection or announcement of a Prize or Prize winner.
33.Each entrant must submit an entry and participate in the Contest on his/her own behalf. Any entry submitted on behalf of another individual, on behalf of a group or organization, or using another person’s email address, name or other personal information will be disqualified and ineligible to claim any Prize.
34.Any attempt by any entrant to obtain more than the specified number of entries by using (or attempting to use) multiple names, identities, email addresses, registrations or logins, or by any other means whatsoever, will entitle the Sponsor, in its sole and absolute discretion, to void that entrant’s entries and disqualify that entrant from the Contest. Entries by any means which subvert the entry process will be void. Any entry that is determined by the Sponsor, in its sole and absolute discretion, to have failed to have been fully completed and submitted during the Contest Period will be rejected. Use (or attempted use) of any automated, macro, script, robotic or other systems or programs to enter or otherwise participate in, subvert or disrupt the Contest, and any other attempt to manipulate, tamper with or defraud any element of this Contest, is prohibited and is grounds for disqualification by the Sponsor in its sole and absolute discretion.
35.In the event of a dispute as to any entry, the authorized holder of the social media account used to submit the entry will be deemed to be the entrant and he/she must be eligible according to these Rules. The “authorized holder of the social media account” is the natural person assigned a social media account by a social media channel, online service provider or other organization responsible for assigning accounts. All entries received become the property of the Sponsor and will not be returned or acknowledged.
36.The sole determinant of the time of receipt of an entry for the purposes of determining the eligibility of that entry shall be the Sponsor or Contest Administrator's computer or server.
37.By participating in the Contest, except to the extent prohibited by applicable legislation, each entrant:
(a)releases and agrees to defend and indemnify the Releasees, Instagram, LLC, Facebook, Inc. and Twitter Inc. from and against any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to an entrant’s participation in this Contest, or the acceptance, possession or use/misuse of any Prize or participation in prize-related activities (including but not limited to activity related thereto);
(b)agrees not to make any claim against any of the Releasees, Instagram, LLC, Facebook, Inc. or Twitter Inc. or against any third party that may result in a claim against any of the Releasees Instagram, LLC, Facebook, Inc. or Twitter Inc. in respect of any matter in any way relating to or arising in connection with the Contest; and
(c)acknowledges and agrees that the Releasees make no warranty, guaranty or representation of any kind concerning any Prize and disclaim any implied warranty.
38.The Releasees shall not be liable to Prize winners or any other person for failure to supply any Prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labour dispute or strike, labour or material shortage, transportation interruption of any kind, or any other cause beyond the reasonable control of the Releasees.
39.Sponsor reserves the right, subject only to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable, to cancel, modify, suspend or terminate the Contest, to change any Contest draw dates and to modify these Rules at any time without notice, for any reason, including, without limitation, if, in the opinion of the Sponsor, in its sole and absolute discretion:
(a)fraud, misconduct or technical failures destroy or threaten the integrity of any portion of the Contest;
(b)a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest; or
(c)there is any accident or printing, administrative or other error of any kind related to the Contest.
In the event of an early termination of the Contest, Sponsor reserves the right to determine the Prize winners in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
40.Subject only to the jurisdiction of the Régie des alcools, des courses et des jeux where applicable, the Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
41.The Sponsor may, in its sole and absolute discretion, and without notice, terminate the right of any entrant to participate in the Contest.
42.In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Rules and/or point of sale, television, print or online advertising, the terms and conditions of these English Rules shall prevail, govern and control.
43.Except where prohibited by law, by completing the act of entering the Contest, each entrant agrees that the Contest, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, shall be governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein (excluding any conflict of laws, rule or principle that might refer such interpretation to the laws of another jurisdiction). Each entrant irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter related to this Contest.
44.If any provision of these Rules is determined to be invalid or unenforceable, the remaining provisions of these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
45.Except where prohibited by law, by participating in this Contest, each entrant agrees that (a) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be entitled to receive lawyers’ fees or other legal costs; and (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
46.For Quebec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
47.A copy of these Rules is available at the Nespresso booths and on www.facebook.com/nespresso.ca. If you have any questions regarding the Contest, or if you would like a list of the Contest winners once they are named, please contact the Sponsor through its contact information on www.nespresso.com/ca.
Nespresso Booth Locations and Dates
- Toronto Eaton Centre (220 Yonge Street, Toronto, ON) from April 30, 2015 through May 10, 2015.
- Sherway Gardens (25 The West Mall, Toronto, ON) from May 12, 2015 through May 24, 2015.
- Galeries d’Anjou (7999 Boulevard des Galeries d’Anjou, Montreal, QC) from May 26, 2015 through May 31, 2015.
- Place Ville Marie (1 Place Ville Marie, Montreal, QC) from June 2, 2015 through June 7, 2015.
- Laurier Quebec (2700 Boulevard Laurier, Quebec City, QC) from June 10, 2015 through June 21, 2015.