Competition Terms and Conditions
CAILLER Social Media National Valentine’s Day Contest Official Rules
NO PURCHASE NECESSARY.
PURCHASE WILL NOT IMPROVE CHANCES OF WINNING
- Eligibility: Open and offered only to legal residents of the 50 United States and District of Columbia who are 18 years of age or older (or 19 for residents of AL or NE). Employees of Nestlé USA Inc., (“Sponsor”), Possible Worldwide Ltd. (“Administrator”) and their respective subsidiaries and affiliated companies, advertising, promotion or production agencies (collectively, “Contest Entities”), and their immediate family members or individuals residing in their same household, are not eligible to participate or enter. Void where prohibited.
- Contest Period: The Contest begins on 16 January 2017 at 12:00:01 AM ET and ends 26 January 2017 at 11:59:59 PM ET (the " Contest Period"). The Website (defined below) clock is the official timekeeper for this Contest.
- Agreement to Official Rules: Participation in this Contest 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 this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.
- How to Enter: To enter, during the Contest Period, using your smart phone or other device, take a picture of you and your partner sharing a special moment together. Then, upload your photograph to Instagram using the hashtag #LoveCailler. Users need an account on Instagram. Accounts on Instagram is free, and can be established on its Websites. Entries will be accepted through 11:59:59 PM ET on 26 January 2017. Entries must include the hashtag #LoveCailler or will be forfeited. Photo must comply with the requirements and restrictions stated herein or entry will be disqualified. Sponsor is not responsible for problems sending/uploading your photo to Instagram, or technical or atmospheric conditions that disrupt the completion of the Instagram entry, or any other problems which might or might not result from this Contest.
This Contest is not sponsored, endorsed, administered by or associated with Instagram®. By entering, you are providing the information to Sponsor, and not to Instagram®.
- PLEASE NOTE: Entrants must adjust their Instagram account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set their Instagram account settings to ‘Public', follow the Sponsor’s official account (Instagram: @Caillerchocolate), and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant's burden to take any steps necessary to adjust their Instagram account settings so that messages can be sent by Sponsor. An Entrant's non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust Instagram account settings, shall be entrant's, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant's entry for any reason, including the failure on behalf of entrant to adjust their Instagram account settings accordingly. By entering this Contest, each entrant agrees that the Sponsor has the right to contact the entrant by direct Message via entrant’s Instagram, or email accounts provided upon registrations to administer and fulfill this Contest.
- Photo Entry Requirements
- Entrants agree to and understand that the Photo will be made available to the public, including without limitation, posting on the Internet. Whether or not the Photo is published on the Internet, Sponsor makes no representation or warranty regarding the confidentiality of any Photo.
- Each Photo must be an original creation on which the Entrant warrant to have the rights necessary to comply with the below. The Photo must be under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Photo and each Photo must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees, represents and warrants that, nothing in the Photo infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which may be required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured from anyone appearing in the Photo or any person or entity with any rights in or to the Photo. Entrant agrees to indemnify and hold harmless each of the Contest Entities, Instagram, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively, the "Released Parties"), 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 herein. Modifying, enhancing or altering a third party's preexisting work does not qualify as original creation and consequently does not qualify as Entry.
- By uploading the Photo the Entrant grants Sponsor, for no additional compensation other than entry into the Contest, a non-exclusive, royalty-free, worldwide, perpetual license to publish, make available to the public, reproduce, edit, modify, exploit, make derivative works from or otherwise use the Photo Entry through any and all media available at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or un-related to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate. In addition, Entrant warrants that any so called "moral rights" in the Photo have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Photo 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 the Released Parties 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.
- Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo.
Entrant must have permission from all individuals mentioned in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor.
- Photo Entry Content Restrictions: Photo Entries must not contain material that:
- Contains or depicts someone smoking or intoxicated;
- Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, 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, indecent, profane, obscene, hateful, tortuous, 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, or local laws and regulations.
- Does not comply with the terms or conditions or guidelines posted by Instagram.
- Failure of any Photo to comply with the above "Photo Requirements" and "Photo Content Restrictions," as determined by Sponsor, in its 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 Contest 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. All Entries shall become the exclusive property of Sponsor and will not be returned. Photos must be suitable for presentation in a public forum, in the sole determination of Sponsor.
- Selection: There will be ten (10) winners (the “Winners”) in this Promotion. By 30 January 2017 Winners will be selected by the Contest Entities at their sole and absolute discretion from among all eligible Entries received during the Contest Period. Winners will be notified by Sponsor (or Sponsor’s administrator on behalf of Sponsor) by Direct Message shortly after being selected.. Failure to respond to Direct Message within 5 days will be deemed forfeiture of the Prize and an alternate winner may be selected at Sponsor’s sole discretion, time permitting. Sponsor is not responsible for direct messages/emails that are undeliverable to potential Prize winner’s email address associated with his/her Instagram account.
- Prizes & Approximate Retail Values (“ARV”): Total ARV of all prizes is three hundred and fourty nine dollars ($349.00).Each Winner complying with these Official Rules will receive a CAILLER Chocolate Signature Selection Large Box Assortment (25 Pieces) decorated with a personalized drawing inspired from the Photo you submitted. No prize transfer or cash substitutes allowed except at Sponsor’s sole discretion due to prize unavailability or for any reason and only then for prize of equal or greater value. Winner is responsible for all applicable federal, state and local taxes. Prize consists of only those items specifically listed as part of the prize. Sponsor may provide the winners with an IRS Form 1099 reflecting the actual final retail value of the Prize, or such other governmental tax forms that may be necessary, as determined in the sole discretion of Sponsor.
- 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 Contest; (b) release and hold harmless the Contest Entities and Instagram 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 a participant's entry, participation in the Contest, and acceptance or use or misuse of prize; and (c) indemnify, defend and hold harmless the Contest Entities and Instagram, including their parents and affiliates, from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant's participation in the Contest and/or entrant's acceptance, use or misuse of prize.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, as determined by Sponsor in its sole discretion. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect entries received as of the event giving rise to the termination. Inclusion in such judging 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 Contest 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 Contest 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. In the event of a dispute as to the identity of a winner based on an email address or Instagram account, the winning entry will be declared made by the authorized account holder of the email address or Instagram Account used to submit the entry.
- Limitations of Liability: The Contest Entities as set forth above, and their respective parents and affiliates, 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 Contest 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 Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold judging 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.
- Disputes/Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, other than those concerning the administration of the Contest or the determination of winner or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in Los Angeles County under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired California state or federal court judge with experience in entertainment matters who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Contest Entities shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Los Angeles County. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County.; (iii) any and all claims, judgments and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- Winners: For the Winner’s names visit our Instagram account from 14 February 2017 or send a stamped, self-addressed envelope to:
- Sponsor: NESTLÉ USA, 800 N BRAND BLVD, GLENDALE, CA, 91203-1245
- Administrator: Possible Worldwide Ltd, The Johnson Building, 77 Hatton Garden, London EC1N 8JS