COFFEE MATE® Rich & Creamy Guarantee Offer

Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU PARTICIPATE IN THIS PROGRAM.

BY PARTICIPATING IN COFFEE MATE® Rich & Creamy Guarantee Offer (THE "REFUND PROGRAM") YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS ("TERMS") STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE REFUND PROGRAM. NESTLÉ RESERVES THE RIGHT TO MODIFY OR TERMINATE THE REFUND PROGRAM AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE RECEIPT OF ANY REFUND CHEQUES. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS AND ANY MODIFICATIONS HEREOF.

Throughout this site, the terms "we", "us", "our" "Nestlé" and "Nestlé Group" refer to Nestlé Canada Inc. and any of its affiliated companies as appropriate to the context. “You” refers to any person accessing and/or using this website.

1. PROGRAM START: The program begins approximately March 14^th, 2022 at 12:00:00 AM ET (the "Program Start").

2. ELIGIBILITY: This Refund Program is only open to individuals who are legal residents of Canada, who are at least eighteen (18) years of age as of the date of participation, have the capacity to enter into a binding contract, and submit an eligible Refund Request within the Program Period. The Refund Program is void elsewhere and where prohibited by law. Corporations or other entities or organizations of any kind are not eligible for the Refund Program.

3. PRIVACY: Please review our Privacy Policy at https://www.madewithnestle.ca/privacy-policy which governs the Refund Program to understand our practices in connection with the use and protection of your personal information.

4. HOW TO PARTICIPATE: Eligible individuals may participate in the Refund Program by submitting a Refund Request to (https://www.madewithnestle.ca/help/coffeemate-refund-form)

To be considered eligible to receive a Refund Cheque, the Refund Request must be postmarked within three (3) months of the date of purchase and consist of the following:

One (1) original receipt of purchase from any eligible COFFEE MATE ® Liquid products (946ml and 1.89L formats) up to a maximum of CAD $8.49 with a visible date of purchase on or after March 14^th, 2022 at 12:00:00 AM ET.
The UPC from the eligible COFFEE MATE ® Liquid products (946ml and 1.89L formats) identified in the submitted original receipt.
A fully completed
COFFEE MATE® Rich & Creamy Guarantee Refund Form (Refund Form can be found at (https://www.madewithnestle.ca/en/rich-creamy-guarantee)

Limit one (1) Refund per person or household. No PO boxes allowed. Please allow 4-6 weeks for delivery of Refund Cheque. Participation in the Refund Program is subject to the Terms, as well as policies and procedures that Nestlé may adopt or modify from time to time. Any failure to abide by the Terms or any policies or procedures implemented by Nestlé, any conduct detrimental to Nestlé, or any misrepresentation or fraudulent activities in connection with this Refund Program, or failure to act in a manner consistent with federal, provincial or local laws, regulations or ordinances, may result, in addition to any rights or remedies available to Nestlé in law or equity, in the termination of participation in the Refund Program, including forfeiture of any Refund accrued to date and any other benefits earned in connection therewith, in Nestlé's sole discretion.

5. PARTICIPATING PRODUCTS: Products eligible for the COFFEE MATE® Rich & Creamy Guarantee consist of:

COFFEE MATE® LIQUID AFTER EIGHT 946ml

COFFEE-MATE® LIQUID Hazelnut 1.89L

COFFEE-MATE® LIQUID French Vanilla 1.89L

COFFEE-MATE® LIQUID Less Sugar French Vanilla 946ml

COFFEE-MATE® LIQUID Caramel Macchiato 946ml

COFFEE-MATE® LIQUID Double Double 946ml

COFFEE-MATE® LIQUID Fat Free French Vanilla 946ml

COFFEE-MATE® LIQUID Hazelnut 946ml

COFFEE-MATE® LIQUID French Vanilla 946ml

COFFEE-MATE® Carmel Vanilla 946ml

COFFEE-MATE® LIQUID COFFEE CRISP 946ml

COFFEE-MATE® LIQUID TURTLES 946ml

COFFEE-MATE® LIQUID Double Double 1.89L

Nestlé may, at its sole discretion and without notice, add additional COFFEE-MATE® products to the above list of Participating Products, or remove any of the above products from the list of Participating Products.

DISQUALIFICATION FOR PROGRAM ABUSE: Nestlé reserves the right to prohibit an entrant from participating in the Program or receiving any Refund, if, in the sole discretion of Nestlé, they determine that the entrant is attempting to undermine the legitimate operation of the Refund Program by cheating, hacking, deception, or other unfair participatory practices. Nestlé reserves the right to disqualify any participant failing to comply with these Terms & Conditions or cooperate in any investigation or inquiry concerning such compliance.

7. REFUND: An eligible individual will receive by mail one (1) Refund Cheque for the purchase amount on the submitted receipt of purchase, excluding tax, up to a maximum of CAD $8.49.

8. MODIFICATION TO, TERMINATION OR EXTENSION OF REFUND PROGRAM TERMS. (A) MODIFICATION TO TERMS: Participation in the Refund Program is offered at the discretion of Nestlé and it reserves in its sole discretion the right to modify the Terms, Refund values, benefits, conditions of participation, rules for issuing, redeeming, retaining, claiming or forfeiting Refund Cheques and their respective duration or timing, or any other aspect of the Refund Program, in whole or in part, at any time, with or without notice, even though such changes may affect the value of the Refund Cheques already distributed. Nestlé will give reasonable advance notice of any modification of the Terms hereof which may adversely impact your participation. Participants understand that the most recent version of the Terms will be located at the Refund Program website. A Participant's use of the Refund Program following the posting on the Refund Program website of conspicuous notice of any modification will indicate Participant's acceptance of any modification to the Terms hereof. Any Participant may object to the modification to the Refund Program and/or its Terms by no longer participating. (B) TERMINATION: Nestlé may, at its sole discretion, cancel or terminate the Refund Program at any time, without notice. (C) EXTENSION: Nestlé may, at its sole discretion, extend or re-start the Refund Program after the cancellation or termination of the Refund Program. In the event Nestlé does extend the Refund Program, Nestlé shall give conspicuous notice prior to the date that such extension becomes effective. Individuals who participate in the Refund Program after the extension agree to be bound by the Terms then in effect at the time of Refund Program extension.

9. LIMITATION ON LIABILITY: NESTLÉ GROUP WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE REFUND PROGRAM, (B) ANY FAILURE OR DELAY BY NESTLÉ GROUP IN CONNECTION WITH THE REFUND PROGRAM (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THIS REFUND PROGRAM); OR (C) THE PERFORMANCE OR NON PERFORMANCE OF THE REFUND PROGRAM BY NESTLÉ GROUP, EVEN IF NESTLÉ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. If, despite the limitation above, Nestlé Group is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in the limitation above, then its liability will in no event exceed, in total, the sum of CDN $100.00.

10. DISCLAIMER OF WARRANTIES: Nestlé makes no warranty of any kind regarding the Refund Program, which is provided on an “as is” and “as available” basis. Nestlé expressly disclaims any representation or warranty that it’s Refund Program will be error-free. Nestlé further disclaims any warranty as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Refund Program. Nestlé expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.

11. ACTS BEYOND NESTLÉ CONTROL: The failure of Nestlé to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, provincial or local governmental authorities or for any other reason beyond the reasonable control of Nestlé, shall not be deemed a breach of the Terms. If any such contingency shall last for more than sixty (60) days, Nestlé shall have the right to terminate the Program immediately by giving notice and shall have no further liability to any Participant.

12. GOVERNING LAW AND CONSENT TO JURISDICTION: The laws of the Province of Ontario, without regard to its conflict of laws principles, will govern these Terms, as well as your and Nestlé’s observance of them. If you take any legal action relating to your use of this Program or these Terms, you agree to file such action only in the Provincial or federal courts located in Toronto, Ontario.

13. NO WAIVER: Nestlé’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nestlé in writing.

14. CAPTIONS: The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.

15. COMPLETE AGREEMENT: These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between Nestlé and the Participants in the Refund Program, and replaces any prior understandings or agreements (whether oral or written) regarding the Refund Program. If a court finds any of these Terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in full force and effect.

16. SPONSOR: Nestlé Canada Inc., 25 Sheppard Avenue West, North York, Ontario M2N 6S8