Terms & Conditions
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA, AND PUERTO RICO, 18 AND OLDER (OR 19 AND OLDER FOR RESIDENTS OF AL AND NE). VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
The Nespresso #MySmallStepsSweepstakes (the "Sweepstakes") is open only to legal residents of the 50 United States, District of Columbia, and Puerto Rico, who are eighteen (18) years or older at the time of entry (or 19 or older for residents of AL and NE) and have a valid Instagram account. No purchase necessary to enter the Sweepstakes. Employees of Nespresso USA, Inc, Brandmovers, Inc. and/or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Sweepstakes (collectively with Sponsor, the "Sweepstakes Entities") and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: Nespresso USA, Inc., 111 West 33rd Street, New York, NY 10120.
Administrator: Brandmovers, Inc., 590 Means St, Ste 250, Atlanta, GA 30318.
The Sweepstakes begins at 12:00:00 AM Eastern Time ("ET") on September 10, 2019 and ends at 11:59:59 PM ET on October 28, 2019 (the "Sweepstakes Period"). The Administrator’s clock is the official timekeeper for this Sweepstakes. The Sweepstakes Period consists of seven (7) separate weekly entry pools, which will occur as follows (each, a “Weekly Entry Pools”)
|Weekly Entry Pools & Prize Chart|
|Starts at 12:00:00 AM ET on:||Ends at 11:59:59 PM ET on:||“Random Drawing” on or about:AM ET on:||# of Grand Prize winners||# of First Prize winners||# of Second Prize winners|
* There are a total of 8 Grand Prize winners, 20 First Prize winners and 100 Second Prize winners in the Sweepstakes. Non-winning entries from any one Weekly Entry Pool will NOT carry forward into subsequent Weekly Entry Pools and will not be included in subsequent Weekly Entry Pool drawings.
How to Enter
There are two (2) ways to enter during the Sweepstakes Period: (A) Instagram: To enter using Instagram, take a photo showing us your small step to sustainable living (for example, recycling your Nespresso capsules, using less water, recycling, using reusable bags, etc.) (“Photo”) and post your Photo to Instagram using the hashtag #MySmallStepsSweepstakes, to automatically receive one (1) entry into that week’s Weekly Entry Pool. All Photos must be posted by 11:59:59 PM EST on the End date listed in the Weekly Entry Pools & Prize Chart above to be entered into the applicable Weekly Entry Pool, or by 11:59:59 PM ET on October 28, 2019 for the final Weekly Entry Pool. An Instagram entry that does not contain a Photo or the hashtag #MySmallStepsSweepstakes will not be considered a valid entry and will not be included in the applicable Weekly Entry Pool; or (B) Online: To enter online without submitting a Photo, visit MySmallSteps.Brandmovers.co (“Website”), find, complete and submit the online entry form to receive one (1) entry into that week’s Weekly Entry Pool. All entries must be received by 11:59:59 PM EST on the End date listed in the Weekly Entry Pools & Prize Chart above to be entered into the applicable Weekly Entry Pool, or by 11:59:59 PM ET on October 28, 2019 for the final Weekly Entry Pool. Limit one (1) entry per person per method of entry per Weekly Entry Pool, for a total of fourteen (14) entries per person during the entire Sweepstakes Period. An entry that is sent after the Sweepstakes Period will be disqualified.
PLEASE NOTE FOR INSTAGRAM ENTRIES: Entrants that enter via Instagram must adjust their Instagram account settings to allow for receipt of messages from Sponsor and/or Administrator. For this purpose, entrants must set their Instagram account settings to ‘Public', and take any further necessary steps to ensure receipt of any communication from Sponsor and/or Administrator. It is entrant’s sole responsibility to take any steps necessary to adjust their Instagram account settings to permit entrant to receive messages from Sponsor and/or Administrator. Any Entrant's failure or inability to receive any message(s) from Sponsor and/or Administrator for any reason shall be deemed a failure by such entrant to comply with these rules, and any such entrant shall be disqualified from the applicable Weekly Entry Pool. Similarly, Sponsor shall not be liable for any lost, misdirected, or otherwise unreceived or illegible messages from entrants. By entering this Sweepstakes, each entrant agrees that the Sponsor and/or Administrator may contact the entrant by direct Message via entrant’s Instagram or email accounts provided upon registration, to administer and fulfill this Sweepstakes. Entries may hereafter be referred to as an “Entry” or “Entries”.
This Sweepstakes is not sponsored, endorsed, affiliated with, administered by or associated with Instagram. By entering, entrants are providing all required information to Sponsor, and not to Instagram.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the Instagram or email account is registered. The entrant may be required to provide evidence that the entrant is the authorized account holder of the winning entry and complete an affidavit and/or any applicable releases. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, mutilated, stolen or misdirected entries, which will be disqualified. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. Use of any automated system to participate is prohibited and may result in disqualification. In the event of a dispute regarding who submitted an Entry, such Entry will be deemed submitted by the authorized account holder of the Instagram profile.
Instagram Photo Requirements:
- • Each Photo must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Photo. Modifying, enhancing or altering a third party's preexisting work does not qualify as entrant's original creation.
- • Photos must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in a Photo entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Photo entrant absent a suitable license, clearance or permission agreement (proof of which is required upon Photo), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Released Parties and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph.
- • Entrants agree to and understand that Photos will be made available to the public, including without limitation, posting on the Internet, social media pages, and may appear in Sponsor’s advertising and marketing materials in any medium. Whether or not Photos are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Photo.
- • By uploading a Photo, each entrant agrees, to grant to Sponsor an unlimited, worldwide, perpetual license in and to the Photo, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Photo at its sole discretion through any media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any location, whether physical or online with no compensation to entrant.
- • In addition, entrant warrants that any so called "moral rights" in the Photo to have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Photo entry or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Photo or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Released Parties, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant's heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Photo entry and any portion thereof, or the likeness of any natural person therein.
- • The Photo must not contain material that contains or depicts someone smoking, intoxicated, or using illegal substances, or any paraphernalia related to any of the above; violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights; contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, profane, obscene, hateful, tortious, slanderous or libelous; references persons or organizations without their written permission; disparages any persons or organizations; includes threats to any person, place, business, or group; is unlawful, in violation of or contrary to all applicable federal, state, local or provincial laws and regulations.
Failure of any Photo to comply with the above "Instagram Photo Requirements," as determined by Sponsor or Administrator, in their sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Photo entries must be suitable for presentation in a public forum, in sole determination of Sponsor and/or Administrator.
Privacy Policies and Data Collections
There will be a total of eight (8) Grand Prize winners, twenty (20) First Prize winners, and one hundred (100) Second Prize winners in this Sweepstakes (each may be referred to herein individually as a “Winner” and collectively as the “Winners”). The Winners will be randomly selected by Administrator from among all eligible entries received during each Weekly Entry Pool on or about the Random Drawing date set forth in the Weekly Entry Pools & Prize Chart above. The Winners will be contacted by Sponsor or Administrator either via direct message on Instagram or via email, depending on the method the Winner used to enter the Sweepstakes (the “Winner Notification”). The Winner Notification message will be sent on or about the day the entrant is selected as the potential Winner. Sponsor's decisions as to the administration and operation of the Sweepstakes and the selection of potential Winners are final and binding in all matters related to the Sweepstakes. Odds of winning depend on the number of eligible entries received in each Weekly Entry Pool. Limit one (1) Grand Prize or First Prize Winner per person/household during the entire Sweepstakes Period. Limit one (1) Second Prize Winner per person/household during the entire Sweepstakes Period
Failure of a potential Winner to respond to the Winner Notification message within forty-eight (48) hours of notification for any reason may result in disqualification and an alternate Winner may be selected, time permitting, at Sponsor’s sole discretion. Sponsor is not responsible for any technical issues or a potential Winner’s failure to receive or respond to any Winner Notification message due to any technical or other issue or non-issue.
Verification of Prize Winners
Except where prohibited, a potential Winner may be required to sign and return a Declaration of Compliance, Liability and Publicity Release ("Declaration") which must be received by Administrator, within seven (7) days of the date notice or attempted notice is sent, in order to claim a prize. If a potential Winner of any prize cannot be contacted, fails to sign and return the Declaration or provide any other requested information within the required time period (if applicable), or the prize is returned as undeliverable, such potential Winner forfeits his/her prize. Within a reasonable time after Sponsor’s receipt of the Winner’s Declaration or other required message response, which must contain prize Winner’s street address located within the 50 U.S. states, D.C, or Puerto Rico. Sponsor will mail the applicable prize to the Winner. Sponsor is not responsible for lost, late, delayed, mutilated, damaged, wrong address, or stolen prize sent to the address as provided by each prize Winner.
Prizes and Approximate Retail Values (“ARV’s”)
Eight (8) Grand Prizes, each consisting of: a Velosophy Nespresso bike. ARV: $1,433.00 each. Twenty (20) First Prizes, each consisting of: one (1) Nespresso VertuoLine Coffee and Espresso Machine. ARV: $250.00 each. One hundred (100) Second Prizes, each consisting of: one (1) Nespresso Recycling Receptacle and (one) Nespresso Caran d’ Ache 849 Ballpoint Pen. ARV: $70.00 each. All prizes and prize components shall be selected and determined by Sponsor in its sole discretion. Each Winner is solely responsible for any sales tax associated with the applicable prize. ARV of ALL Prizes: $23,464.00 USD.
Prize Restrictions and Limitations
All Prizes: All prizes will be awarded provided they are validly claimed by November 30, 2019, after which no alternate potential Winners will be selected, nor unclaimed prizes awarded. No more than the stated number of prizes will be awarded. Prizes cannot be used in conjunction with any other promotion or offer. Prizes are subject to availability, non-transferable, non-negotiable, not redeemable for cash, non-refundable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any prize or prize component for one of equal or greater value for any reason. All taxes (including, without limitation, state and federal income taxes) and the reporting consequences thereof associated with the use and acceptance of any prize are solely the responsibility of each Winner. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Allow 6-8 weeks for delivery of prizes.
Entry Conditions and Release
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entry, creation of an Entry or Photo of an Entry, participation in the Sweepstakes, acceptance or use or misuse of prize and/or the broadcast, exploitation or use of Entry; and (c) indemnify, defend and hold harmless the Sweepstakes Entities from and against any and all claims, expenses, and liabilities (including, without limitation, reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Sweepstakes and/or entrant's acceptance, use or misuse of prize.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the Winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these 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 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. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitations of Liability
The Sweepstakes Entities as set forth above, including Facebook and Twitter, are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another Entry in the Sweepstakes, provided that if it is not possible to award another Entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Entrant further agrees and acknowledges that Sponsor reserves the right to forfeit or award any unclaimed or leftover prize at its sole discretion.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York or the appropriate New York State Court located in New York County, New York ; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Except where prohibited, participation in the Sweepstakes constitutes each Winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
For the Sweepstakes Winner’s names (available after November 15, 2019), send a hand-printed, self-addressed, stamped envelope to: Winners List, Nespresso #MySmallStepsSweepstakes Winners, Brandmovers, Inc., 590 Means Street, Suite 250, Atlanta, GA 30318. Residents of Vermont residents omit postage.
For a copy of these Official Rules, visit MySmallSteps.Brandmovers.co or the Nespresso page on Instagram
LONG PRINT VERSION:
NO PURCHASE NECESSARY TO ENTER OR WIN. The Nespresso #MySmallStepsSweepstakes is open to legal residents of the 50 US states, DC, & Puerto Rico, 18 and older (or 19 for residents of AL and NE). The “Sweepstakes Period” begins at 12:00:00 AM ET on 9/10/19 and ends at 11:59:59 PM ET on 10/28/19. There will 7 Weekly Entry Pools during the Sweepstakes Period. To enter during the Sweepstakes Period, post a photo of your small step to sustainability using the hashtag #MySmallStepsSweepstakes to Instagram or visit MySmallSteps.Brandmovers.co and complete and submit the online entry form. LIMIT: One (1) entry per person per method of entry per Weekly Entry Pool. A total of 8 Grand Prizes, 20 First Prizes, and 100 Second Prizes will be awarded. –TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: $23,464.00. Odds of winning depend on number of eligible entries received in each Weekly Entry Pool. Void where prohibited, restricted, or taxed by law. For complete rules, go to the Nespresso page on Instagram. Sponsor: Nespresso USA, Inc., 111 West 33rd Street, New York, NY 10120.
SHORT VERSION (POS/On-Pack/FL Compliant):
NO PURCHASE NECESSARY. The Nespresso #MySmallStepsSweepstakes is open to legal residents of the 50 US states and DC, & Puerto Rico, 18 and older (or 19+ for AL and NE). Void where prohibited. Begins at 12:00:00 AM ET on 9/10/19 and ends at 11:59:59 PM ET on 10/28/19. LIMIT: One (1) entry per person per account per method of entry per Weekly Entry Pool. There will 7 separate Weekly Entry Pools during the Sweepstakes Period. Approximate Retail Value of all prizes: $23,464.00. Go to the Nespresso Instagram page for how to enter, prizes, odds and official rules. Sponsor: Nespresso USA, Inc., 111 West 33rd Street, New York, NY 10120.