Welcome to Nespresso Canada
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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.
The terms of this Policy are without prejudice to any contractual terms you may enter into with us, which shall prevail over the terms of this Policy.
1. Pledge on Privacy
Nespresso does not collect and process Data except when voluntarily provided by you. We ensure compliance by our staff with strict standards of security and confidentiality and in processing your Data we pledge to fully comply with internationally recognized standards of privacy protection.
2. Intended Use of Data
Nespresso collects and processes Data only for specific and limited purposes which we inform you about when you wish to use certain services. For example, we may collect and use Data to provide you with our products or services, to bill you for products or services you request, to verify your credit, to market products and services we believe might be of interest to you, to process your job application, to receive news releases, or to communicate with you. In addition, we may use your Data to evaluate the effectiveness of and improve our services to our visitors and customers, for our own internal statistics to evaluate customer interests as well as purchasing and other trends among customers and to better determine product development and marketing strategies. By submitting your Data, you expressly consent to such use. Nespresso keeps your Data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements.
Most of our services do not require any form of registration, thereby allowing you to visit our websites, boutiques and bars without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields (some are required, some are optional) as well as to chose a user name and password. In these situations, if you chose to withhold any Data requested by us, it may not be possible for you to gain access to certain parts of our websites and for us to respond to your queries.
3. Non Disclosure of Information
Nespresso shall never sell, rent, share or otherwise distribute or make available your Data to third parties outside of the Nespresso group of companies, except when required to do so for legal or regulatory purposes. However, Data may occasionally be transferred to third parties, who act for or on behalf of Nespresso, for further processing in accordance with the purposes for which your Data were originally collected. When disclosure of Data to third parties is likely or necessary for whatever reason, Nespresso shall ensure that such third parties provide the same level of protection as Nespresso, and shall contractually require them to process Data transferred only for the purposes authorised by you and on a confidential and secure basis.
4. Right of Access
You have the right to access and update your Data or to require their deletion. We endeavour to ensure that your Data are up to date, accurate and complete. If you wish to access, correct or delete your Data held by us, please contact Nespresso.
5. Security / Confidentiality
We undertake to take all reasonable steps in order not to allow your Data to be seen by third parties other than those who act for or on behalf of Nespresso and have agreed to treat your Data confidential and secure. Access to Data is restricted to those of our employees on a need to know basis and who have been trained to observe strict standards of confidentiality in handling your Data.
To ensure the security and confidentiality of Data that Nespresso collects online, we use data networks protected, inter alia, by industry standard firewalls and password protection. Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a complete secure environment, and that therefore the confidentiality of the Data provided by you or material transmitted via our websites or by e-mail cannot be guaranteed by Nespresso. Thus, we can not be responsible or liable for the security of your Data whilst in transit via the Internet to us.
6. Data Transfer Abroad
Nespresso is an international group and has databases in different jurisdictions. Nespresso may transfer your Data to one of its databases or to companies within the Nespresso group or to its partners, who have agreed to keep your Data confidential and secure, outside of your country of residence. If the level of privacy protection in a country does not comply with internationally recognized standards, we will ensure that Data transfers to our databases in that country are equally protected and that a transfer of Data to third parties in such countries does not occur. By submitting your Data, you expressly agree to its possible transfer to other companies within the Nespresso group and/or its partners and to this end to its trans-border transmission.
7. Career Opportunities
If you are interested in applying for either a position published or any future job opportunity within Nespresso, you may provide us with your Curriculum Vitae (“CV”). We will then match your qualifications and experience to the position you applied for, or any other current job opportunity. If your profile corresponds to our requirements, we contact you.
You agree that we may keep your CV in our databases for a reasonable period, after which it will be deleted. By applying, you are consenting to have your CV and Data used to process your job application, to have such CV and Data communicated to other companies within the Nespresso group and to our partners, who have agreed to keep such CV and Data confidential and secure, and to this end being transmitted across national borders. Nespresso undertakes to use your CV and Data only in relation to your career opportunities.
8. Anonymous Data / “Cookie” Technology
Most of the information we collect from our websites is anonymous information. When you visit our websites, we do not collect any personal Data from you unless specifically, voluntarily and knowingly provided by you. Anonymous information is processed by Nespresso to help improve the content of our websites, to customise our websites for our visitors and to learn more about them and how they use our websites. In doing so, Nespresso may use tracking technology (“cookies”) to gather anonymous information, such as browser type, operating systems and the date and time of access. “Cookies” by themselves cannot be used to discover the identity of the user. A “cookie” is a small piece of information which is sent to your browser and stored on your computer hard drive.
Nespresso does not conduct “spamming”. Spamming is defined as sending unsolicited e-mails, usually of commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. On the contrary, where we believe that one of our products is of importance to you, we inform you by e-mail whilst giving you the choice of opting out of such service.
10. Data and Children
To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Data. Nespresso will not knowingly collect, use, or disclose Data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian).
Our websites are general audience sites that are not designed nor intended to collect Data from children under the age of 18. We ask that parents supervise their children while online.
11. Links to other websites
As a service to our visitors, our websites may provide hyperlinks to other websites that are not operated or controlled by Nespresso. Therefore, Nespresso can not be responsible or liable for the content of such websites or the privacy practises of such other parties. Please note that these privacy practises may differ from our Policy. We encourage you to review and understand their privacy practises before providing them with personal information.
12. Contact Nespresso
Should you have any queries or complaints about our compliance with this Policy, or if you wish to make any recommendations or comments to improve the quality of our Policy, please contact Nespresso at the following addresses: click here. We can assure you that we do our best efforts to constantly improve the protection and security of the Data you provide to us.
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
VertuoLine™ Machine Giveaway Official Rules
February 26th, 2014
“Nespresso VertuoLine™ Machine Giveaway” Contest
This Contest is intended for viewing and participation in Canada only and shall be construed and evaluated according to the laws of Canada. Please do not enter if you are not at least the age of majority, a legal resident of, and located in, Canada at time of entry.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. By participating in the Contest, Entrants agree to be bound by these Official Rules and the decisions of the Contest Sponsor and Contest Administrator, which shall be final, binding and conclusive on all matters.
Nespresso “VertuoLine™ Machine Giveaway” Contest (“Contest”) begins on Wednesday, February 26, 2014 and ends on Friday, February 28, 2014 at 5:00:00 p.m. ET (the “Contest Period”).
CONTEST SPONSOR /CONTEST ADMINISTRATOR
This Contest is sponsored by Nespresso Canada (“Nespresso” or the “Contest Sponsor”), a division of Nestlé Canada Inc., with a business address at 2060 rue de la Montagne, suite 304 - H3G 1G2, Montréal, Canada. This Contest is administrated by Weber Shandwick Canada (the “Contest Administrator”).
To enter, you must be a legal resident of Canada and be at least the age of majority in your province/territory of residence at the time of Entry (“Entrant”). Persons in any of the following categories are NOT eligible: (a) employees, representatives and agents of Contest Sponsor, Contest Administrator, their parent companies, affiliates, subsidiaries or agencies; (b) individuals engaged in the development, production or distribution of materials for the Contest or engaged in the administration or execution of this Contest (the entities in (a) and (b) are the “Contest Entities”); and (c) any immediate family member of, or any person domiciled with any of such individuals. For these Official Rules, “immediate family” means mother, father, sister, brother, spouse (including common law), regardless of where they reside.
HOW TO ENTER
NO PURCHASE NECESSARY. To enter, visit the Nespresso Facebook page website (https://www.facebook.com/nespresso) during the Contest Period. Individuals will be asked to share a “wall post” on the Nespresso Facebook page wall with another Facebook friend in addition to leaving a comment on the same “wall post”. The “wall post” comment must include a hyperlinked profile mention (or “tag”) of the Facebook friend with whom the “wall post” was shared. Any individual who shares and comments on the “wall post” as set out above during the Contest Period (an “Entry”) will be eligible to win the Grand Prize. All Entries must be received by 5:00:00 p.m. ET on Friday, February 28, 2014 (the "Contest Close Date"). All eligible Entries received during the Contest Period will be entered into the random draw. To be eligible, your Entries must be received within the Contest Period.
LIMITS ON ENTRIES
Maximum one (1) Entry per person during the Contest Period. Any person who is found to have submitted more Entries than the stated limit, including through the use of multiple/different identities, registrations, logins or Facebook accounts or any other method, may be disqualified at the sole and absolute discretion of the Contest Sponsor. In the case of such a disqualification, any and all entries received by such person during the Contest Period will be judged void and disqualified.
No Entries may be received before or after the Contest Period (as defined above). The sole determinant of time for the purposes of this Contest, including receipt of a valid Entry, will be the Contest computer system used by the Contest Sponsor and Contest Administrator (the “Contest Computers”). Proof of mailing or submitting an answer to a wall post (screenshots or captures, etc.), or attempted transmission of an Entry, or attempted submission of any communication does not constitute proof of delivery or receipt by the Contest Computers or the Contest Sponsor or Contest Administrator. All Entries become the property of Contest Sponsor and in no case shall be returned to sender.
Entries received by any other means not outlined in this section will not be accepted as valid Entries to the Contest. Entries that are late, lost, illegible, mechanically reproduced, contain false information, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular, that have been submitted or generated using robotic, programmed, script, or any other automated means, or illicit means, or do not conform with or satisfy any or all of the conditions set out in the Official Rules, as determined by Contest Sponsor in its sole and absolute discretion, may be judged void and disqualified.
RULES REGARDING CONTENT OF ENTRIES
Comments on the Facebook “wall post” must be original to Entrant, not copied, and created for the purposes of this Contest. All submissions must be appropriate for the Contest and all ages, in good taste, and in keeping with Contest Sponsor’s image, as determined by Contest Sponsor in its sole and absolute discretion, or may be judged void and disqualified. For example, comments on the “wall post” must not be indecent, obscene, profane, hateful, discriminatory, tortious, defamatory, slanderous, libelous or infringing of any third party rights.
Contest Sponsor reserves the right to reject any Entry, to modify, edit, or remove any Entry from the Nespresso Facebook page website or to request an Entrant to modify his/her Entry if, in the sole opinion of Contest Sponsor acting in its sole and absolute discretion, the Entry does not abide by these Official Rules or is otherwise inappropriate, or could potentially expose Sponsor to law suits, embarrassment, adverse publicity or otherwise reflect unfavorably on Sponsor.
GRANTING OF RIGHTS IN ENTRIES
By submitting an Entry, each Entrant: (1) irrevocably grants to Contest Sponsor a non-exclusive license to publish, display, produce, reproduce, perform, convert, adapt, publicly present, communicate to the public, assign, sub-license, edit, dispose of, modify or otherwise use such Entry and the concepts embodied therein, in whole or in part, in any way, in commerce, and in any and all media, in connection with the Contest, including, without limitation, for advertising or promoting the Contest, or for any other reason, without limitation, review, notice, approval or compensation; (2) waives all moral rights in and to the Entry in favour of Contest Sponsor; (3) warrants that the Entry does not contravene or infringe on anyone else’s copyright or other intellectual property, does not contain any false, inaccurate or misleading material, does not violate any law or regulation, is not libelous, threatening or harassing, does not instigate others to commit illegal activities, and does not contain any viruses, worms, or other computer programming intended to or that could interfere with the ability of others to enjoy the Nespresso Facebook page website.
One (1) prize is available to be won during the Contest Period (the “Grand Prize”). The Grand Prize consists of: two (2) CAD $299 Nespresso VertuoLine™ machines. Approximate retail value of the Grand Prize: CAD $598.
The Grand Prize is not refundable, available for re-sale, transferable or redeemable for cash, cannot be replaced if lost or stolen, and must be accepted as awarded, with no substitutions, of any kind, except by Contest Sponsor, who reserves the right in its sole discretion to substitute a prize of comparable or greater value based on the approximate retail value of the Grand Prize stated in these Official Rules, including without limitation, a cash award. Prizes are provided “as is” without further warranty of any kind.
SELECTION OF WINNER:
On Saturday, March 1 2014 (the “Draw Date”), at or around 5:00:00 p.m. ET, one (1) eligible Entrant will be selected by random draw from among all eligible Entries received during the Contest Period to be the potential winner of the Grand Prize (the “Winner”).
The odds of winning the Grand Prize depend on the number of eligible Entries received during the Contest Period.
To be confirmed a Winner, the selected Entrant must:
· Respond to contact from the Contest Administrator within forty-eight (48) hours of being notified through Facebook comments on the “wall post”, Facebook messaging, or other reasonable attempts of contact the Winner to claim the Grand Prize. If the selected Entrant does not respond within such time period, the Contest Sponsor reserves the right, in its sole and absolute discretion, to disqualify the selected Entrant, in which case the selected Entrant will forfeit all rights to the Grand Prize. In the event of such a disqualification, the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible Entrant from among the remaining eligible Entries as the Winner (in which case the forgoing provisions of this section shall apply to such new selected Entrant).
· Correctly answer a mathematical skill-testing question without mechanical or other aid, and sign and return within ten (10) business days of notification the Contest Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Official Rules; (ii) acknowledges acceptance of the Grand Prize as awarded; (iii) releases the Contest Sponsor, the Contest Administrator, the Contest Entities and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the selected Entrant’s participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof; (iv) agrees to the publication, reproduction and/or other use of the Entrant’s 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 the Sponsor in any manner whatsoever, including print, broadcast or the internet
· Provide proof of identification upon request.
If the selected Entrant cannot be confirmed a Winner as above, his/her Grand Prize may, in the sole and absolute discretion of the Contest Sponsor, be forfeited and awarded to an alternate Entrant.
This Contest is void where prohibited by law and subject to all applicable Federal, Territorial, Provincial, and Municipal laws.
By participating, Entrants: (i) acknowledge they have read and understood, and agree to comply with these Official Rules including all eligibility requirements, and (ii) agree to be bound by the Official Rules and all decisions of Contest Sponsor and Contest Administrator, made in their sole and absolute discretion, which shall be final and binding, without right of appeal, with respect to all matters relating to this Contest and the awarding of the Grand Prize, subject to the jurisdiction of the Régie des alcools, des courses et des jeux where applicable. In the event of any dispute regarding the interpretation of these Official Rules, the decision or interpretation of Contest Sponsor shall prevail. Entrants who have not complied with these Official Rules are subject to disqualification.
Any attempt by an Entrant or other individual, to deliberately damage https://www.facebook.com/nespresso, http://www.nespresso.com/ca/en/home, or http://www.nespresso.com/ca/fr/home or undermine the legitimate operation of this Contest may be a violation of criminal and/or civil laws. Should such an attempt be made, Contest Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law.
Contest Sponsor reserves the right to disqualify any Entrant (and void all associated Entries) or entitlement to the Grand Prize, if, in its sole and absolute discretion, it determines or suspects that the Entrant might bring the Contest Sponsor, the Contest Administrator, the Contest Entities or the Contest into disrepute, has violated the Official Rules, tampered or attempted to tamper with the entry process (including the Nespresso Facebook page website), acted in an unsportsmanlike or disruptive manner, or attempted to undermine the legitimate operation of the Contest by any means, including, cheating, hacking, deception, or other fraudulent, deceptive or unfair practices.
AUTHORIZED ACCOUNT HOLDER
If a dispute arises regarding who submitted an online Entry, the Entry will be deemed to be submitted by the authorized account holder of the email address associated with the Facebook account submitting the Entry. “Authorized accountholder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
CONSENT TO PUBLICITY/ RELEASE OF LIABILITY
As a condition of participating, each Entrant consents to the use of his/her name, city, comments, photographs, sobriquet, and/or other likenesses and all other indicia of personality, for publicity, general news, entertainment, advertising and informational purposes by the Contest Sponsor, the Contest Administrator, the Contest Entities and their parent, affiliated subsidiary and related companies, without further notice or compensation.
Each Entrant also agrees: (a) to release Facebook, the Contest Sponsor, the Contest Administrator, the Contest Entities, and each of their officers, directors, employees, shareholders, licensees, successors, assigns, and agents (“Releasees”), from any and all liability, loss or damage incurred with respect to participating, or attempting to participate, in the Contest or the awarding, receipt, possession, and/or use or misuse of any Grand Prize, including without limitation, any travel related thereto, the administration of the Contest, and the selection and confirmation of winners (and as further set out under “Limitation of Liability” below); (b) to release and hold harmless the Releasees from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade mark infringement or any other intellectual property related cause of action that relates in any way to the Entry; (c) that under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (e) all causes of action arising out of or connected with this Contest, or the Prize awarded, shall be resolved individually, without resort to any form of class action; and (f) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding lawyers’ fees and court costs.
LIMITATION OF LIABILITY
Releasees do not warrant that access to the Contest will be uninterrupted. Releasees are not responsible for any problems that may arise, including but not limited to:(a) Entries that are late, lost, illegible, mechanically reproduced, contain false information, damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular, that have been submitted using robotic, programmed, script or any other automated means, or illicit means, or do not conform with or satisfy any or all of the conditions set out in the Official Rules, as determined by Contest Sponsor in its sole and absolute discretion;(b) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites including the Nespresso Facebook page website, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; (c) postal delays, strikes or failures; (d) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; (e) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any Prize or in any prize notification documents; (f) any other errors of any kind, omissions, incorrect or inaccurate information relating to or in connection with the any Contest-related materials or the Contest, whether human, mechanical, clerical, electronic, or technical in nature; (g) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (h) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
CHANGES, ETC. TO RULES, CONTEST
Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, Contest Sponsor reserves the right in its sole and absolute discretion to cancel, modify or suspend this Contest or amend these Official Rules at any time, without prior individual notice, if any factor interferes with the proper administration of the Contest, as determined by the Contest Sponsor in its sole and absolute discretion. Factors may include, but are not limited to fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Contest. In the event of early termination, Contest Sponsor reserves the right to conduct random draws from all previously eligible Entries received by the date of cancellation.
In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest materials (including but not limited to http://www.nespresso.com/ca/en/home, or http://www.nespresso.com/ca/fr/home, point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in this English version of these Official Rules posted at http://www.nespresso.com/ca/en/pages/legal shall prevail, govern and control.
CHOICE OF LAW AND JURISDICTION
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Contest Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the province of Ontario and Canada without regard to conflicts of law principles. All Entrants consent to the jurisdiction and venue of the province of Ontario except as specifically provided herein. For residents of Quebec, 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 Grand Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
The invalidity or unenforceability of any provision of these Official Rules 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 Official Rules 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. In particular, Contest Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
OFFICIAL RULES REQUEST
The Official Rules will be available on the Nespresso Canada website (http://www.nespresso.com/ca/en/pages/legal). For a copy of the Official Rules, interested individuals should place their name and address on a self-addressed stamped business size envelope and mail it to: Nespresso VertuoLine™ Machine Giveaway, 2060 rue de la Montagne, suite 304 - H3G 1G2, Montréal, Canada. Official Rules requests will only be accepted between February 26, 2014 and March 1, 2014.
PRIVACY / USE OF PERSONAL INFORMATION