Nestlé Nesquik and Carnation Summer 2017 Contest
Official Rules (the “Rules”)
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE CONTEST IS VALID IN CANADA ONLY (AND IS OPEN ONLY TO ELIGIBLE PERSONS, AS SPECIFIED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram LLC or Facebook or Twitter Inc. Information is being provided to the Sponsor (defined below), not to Instagram LLC or Facebook or Twitter Inc. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Instagram LLC or Facebook or Twitter Inc. Your participation in this Contest must at all times comply with all applicable Instagram, Facebook and Twitter terms of service. In the event of any violation of such terms of service, the Sponsor may, in its sole and absolute discretion, disqualify you from the Contest.
- The Nestlé Nesquik and Carnation Summer 2017 Contest (the “Contest”) commences at 12:00 AM EST on August 1, 2017, and ends at 11:59 PM EST on August 29, 2017, (the “Contest Period”). All entries must be received by 11:59:59 PM EST on August 29, 2017, (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
- The Contest is only open to legal residents of Canada who have reached the age of majority at the time of entry, excluding: (a) employees, directors, officers, representatives and agents of: (i) Nestlé Canada Inc. (the “Sponsor”); (ii) the independent contest management organization appointed by the Sponsor to administer the Contest (the “Contest Administrator”); (iii) any affiliates of the Sponsor or the Contest Administrator; (iv) any of the Sponsor’s advertising, promotion and fulfillment agencies involved in the development or execution of the Contest in any way; and (v) any persons or entities involved in judging the Contest; (vi) social media influencers (engaged by the advertising agency) and (b) all persons with whom those specified in (a) are domiciled or immediately related. The persons and entities specified in (a) and (b) are referred to collectively herein as the “Contest Entities”. For the purposes of these Rules, two people are “immediately related” if one is the husband, wife, spouse, common-law partner, son, stepson, son-in-law, daughter, stepdaughter, daughter-in-law, sister, stepsister, sister-in-law, brother, stepbrother, brother-in-law, mother, stepmother, mother-in-law, father, stepfather or father-in-law of the other. For clarity, groups, clubs, organizations, businesses and commercial and non-commercial entities cannot enter the Contest.
- An entrant must meet the eligibility requirements set out in these Rules from the time of entry until the time he/she is confirmed a winner (if he/she becomes a winner).
How To Enter
- NO PURCHASE NECESSARY. Purchase is not required to enter the Contest and will not improve your chances of winning. This Contest takes place on the social media applications Twitter Inc., Facebook, and Instagram LLC., (“Twitter”, “Facebook”, and “Instagram”) and requires you to have a valid user account with any of them to enter. If you do not have an account, registration is free for all: (visit www.twitter.com, www.facebook.com, and www.instagram.com) or download any application onto your smartphone or tablet device and follow the onscreen instructions to register. Many public libraries, retail businesses and others offer free computer and internet access and a number of internet service providers and other companies offer free email addresses. Social media accounts are also free and can be accessed at locations with free computer and internet access. Once you have your own personal Twitter and/or Facebook and/or Instagram account, take the following steps during the applicable Contest Period to receive one (1) entry into the first phase of the Contest (“Phase One”) of the Contest, subject to these Rules, and, if selected, a chance to win one of the Contest prizes (the “Prizes”):
(a) Using any internet browser, read the blog post of a participating influencer as posted on August 1st, 2017, and that references the #StirThingsUp hashtag. Participating influencer blogs can be found at these 9 website links, or a subpage therein:
(b) Visit any one influencer’s Twitter, Facebook, or Instagram, by clicking on the appropriate link on that influencer’s website. Copy their Twitter, Facebook, or Instagram account name or handle so that you can tag them in your post.
(c) Reply to one of the influencer’s social post that includes the hashtag #StirThingsUp with your own recipe idea using Nestlé Nesquik and/or Carnation. Note that you need to be logged in on Twitter, Facebook, or Instagram in order to reply. Alternately, you can create a new post with your recipe idea, and tag the influencer in your post with their account name. Must use the hashtag #StirThingsUp in a reply or new post.
Once you’ve posted during the Contest Period and in accordance with the above steps (each an “Entry” or “Entry Post”), and subject to these Rules, you will have successfully gained one (1) entry into Phase One of the Contest. By posting according to the directions above, and participating in this Contest, you confirm that you have read and agreed to these Rules.
- Any Entry that does not follow the above format, or that otherwise fails to meet the requirements of these Rules, as determined by the Sponsor in its sole and absolute discretion, will not constitute an eligible entry in this Contest. By following the directions above, and participating in this Contest, you confirm that you have read and agreed to these Rules.
- Limit of one (1) Entry per person, regardless of other information provided. Once an entrant has reached this limit, any additional entries submitted by an entrant in excess of this limit will be disqualified and will not constitute eligible entries in the Contest. Further, if any entrant attempts to obtain more than the specified number of entries, the Sponsor may, in its sole and absolute discretion, disqualify the entrant from the Contest and disqualify all of that entrant’s entries.
- To be eligible, Entries must be received during the Contest Period. All Entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility from any entrant, which proof shall be in the form required by the Sponsor. Failure to provide proof of identity and/or eligibility to the satisfaction of the Sponsor in a timely manner may result in disqualification.
Entry Post Restrictions
- By participating in this Contest and posting an Entry Post (which may include a text/video/photo), each entrant agrees to be bound by these Rules and further represents and warrants, in respect of each such Entry Post, that all components of an Entry Post:
(a) is original to him/her and has never been previously exhibited publically outside of this Contest and he/she has all necessary rights in the Entry Post and all of its components to enter it in the Contest;
(b) do not contain any reference to or likeness of any third parties unless consent has been obtained from all such individuals (if any third parties are under the age of majority in their province or territory of residence, consent must be obtained from such individual’s parent or legal guardian);
(c) do not contain obscene, indecent, threatening, harassing, abusive or otherwise inappropriate elements, including, without limitation, through the depiction of violent, humiliating, derogatory, racist, sexist, illegal, risky or vulgar scenes;
(d) do not contain any personal information, including, without limitation, personal names, email addresses, street addresses, other contact information or licence plate numbers;
(e) do not, and will not, in any way, harm, defame or impair the public image and goodwill of the Sponsor;
(f) do not promote over-consumption and are consistent with the Sponsor’s messaging and brand;
(g) do not in any way violate any applicable laws and/or regulations;
(h) do not contain any images or references to any third party products that may compete with Sponsor’s products;
(i) do not contain any reference to any third party copyright, trademarks, names or logos; and
(j) do not, and will not, in any way, give rise to any claims of infringement or defamation, give rise to any claims for any payment whatsoever or breach the rights of any third parties, including, without limitation, any rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property
- BY PARTICIPATING IN THIS CONTEST, EACH ENTRANT AGREES THAT THE ENTRY POST COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE SPONSOR, INSTAGRAM LLC, FACEBOOK, TWITTER INC AND THE RELEASEES (DEFINED BELOW) SHALL BEAR NO LEGAL LIABILITY, EXPRESS OR IMPLIED, IN RELATION TO ANY ENTRIES, INCLUDING, WITHOUT LIMITATION, IN RELATION TO ANY USE MADE OF ANY SUCH ENTRIES BY THE RELEASEES, INSTAGRAM LLC, FACEBOOK, or TWITTER INC.
- All Entry Posts will be reviewed for content eligibility and compliance with these Rules before being entered into the Contest. Entry Posts that do not comply with these Rules, as determined by the Sponsor, in its sole discretion, may be disqualified and/or removed. The Sponsor makes the final determination as to what Entries are eligible to take part in this Contest. An Entry Post is not deemed to be eligible solely by virtue of having been posted on social media or other media by the Sponsor. The Sponsor at all times retains its right to determine an Entry Post’s eligibility.
Use of Entry Posts
- By entering the Contest and submitting an Entry Post (which may include text/video/photo), each entrant:
- grants to the Sponsor and its agents and designees, in perpetuity, a non-exclusive, worldwide, irrevocable, royalty-free license to publish, display, reproduce, modify, edit or otherwise use the Entry Post, in whole or in part, in its original form or as edited or modified in any way at the direction of Sponsor, anywhere in the world and in any and all forms of media whatsoever, in connection with this Contest or for any other advertising, promotional, commercial or other lawful purposes whatsoever in the sole and absolute discretion of the Sponsor, including, without limitation, in association with the entrant’s first name;
- waives any and all moral rights the entrant may have in and to the Entry Post in favour of the Sponsor and its agents and designees, including, without limitation, any person authorized by the Sponsor to publish, display, reproduce, modify, edit or otherwise use the Entry Post; and
- agrees to release, defend and indemnify the Releasees, Instagram LLC, Facebook and Twitter Inc. from any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, arising out of or relating in any way to the Entry Post or the use of the Entry Post in any way by the Releasees, Instagram LLC, Facebook and Twitter Inc, including, without limitation, any and all liability, claims, losses, actions and damages based upon rights of privacy, personality, confidentiality, trademark, copyright or other intellectual property
all without any limitation of any kind, without any right of approval and without any obligation upon the Sponsor to make any payment of any other compensation or consideration of any kind to the entrant.
Prizes and Odds of Winning
- There is a total of two (2) grand Prizes (each, a “Grand Prize” or “Prize”) available to be won at the outset of this Contest. Each Grand Prize consists of one (1) Apple iPad Mini, 16GB or greater, version 2 or newer, with one (1) counter stand case. Each Grand Prize to be awarded has an approximate retail value $470 CAD.
- Each Grand Prize will be awarded by registered postal mail in the name of the Grand Prize winner.
- The odds of winning a Grand Prize depend on the total number of eligible entries received by the Contest Closing Time.
- All amounts and costs related to the Prize, including but not limited to all income, sales, use and other taxes (and the reporting thereof) imposed as a result of the award of the Prize, which are not expressly covered by the Sponsor are the responsibility of the individual winner. It is the individual winner’s responsibility to understand and abide by any federal, provincial, territorial, local or foreign tax laws that may apply to receipt of the Prize.
- A person eligible to win the Prize must accept the Prize as awarded and may not transfer such Prize or substitute or exchange for, or apply the Prize’s value towards, cash or a higher cost or alternative prize. The Prize is non-refundable, cannot be replaced if lost or stolen and are provided on an “as is” basis, without any representation or warranty of any kind. The Sponsor reserves the right, in its sole and absolute discretion, to make substitutions of equivalent or greater kind or value in the event of the unavailability of all or part of the Prize or for any other reason whatsoever.
- Limit of one (1) Prize per person.
How Prizes are Awarded
- Phase One: Commences immediately after the Contest Period, and involves selection of 27 Selectees by 17:00 PM EST on August 31, 2017. Each of nine (9) participating influencers will select three (3) Entry Posts, based on the following criteria: a) inspiring, b) most unique use of Nestlé Nesquik or Carnation product within a recipe, c) most appetite appeal at the sole discretion of the participating influencer. All entries must be submitted by Contest Closing Time: 11:59:59 PM EST on August 29, 2017, and will be chosen by influencers by 17:00 PM EST on August 31, 2017, to be entered into the random Grand Prize Draw (see Phase Two). All twenty seven (27) selected entries will be identified to the Contest Administrator as Selectees for a chance to win a Grand Prize.
- Limit of one (1) Prize per person.
- The second phase (“Phase Two”): On September 7, 2017, at approximately 2:00 PM EST, a random draw (a “Grand Prize Draw”) will be held to award the Prizes, subject to these Rules (including the verification and skill-testing question requirements). Grand Prize Draw to take place in Toronto, Ontario, from all “Selectees” determined in Phase One. Two (2) potential winners will be randomly selected in the Grand Prize Draw for the Prizes available to be won. The Grand Prize Draw will be conducted by the Contest Administrator. If, for any reason whatsoever, by the time of the Grand Prize Draw, no eligible entries have been received, the Prizes will not be awarded.
- Within five (5) days of the date on which his/her entry is drawn as a potential winner, the potential winner of each Prize will be notified by the applicable participating influencer through the Twitter, Facebook or Instagram account according to their Entry Post, requesting a response from the potential winner via direct message. Direct message conversation will be recorded by the participating influencer and a screen capture of the conversation will be submitted to the Contest Administrator. If a potential winner cannot be reached by the Sponsor via the eligible social media service used by the entrant to enter the Contest within 5 days of the original contact, the potential winner fails to correctly answer the skill-testing questions, or if, for any other reason, the Prize cannot be awarded, then, at the Sponsor’s sole and absolute discretion, that potential winner may be disqualified without liability to the Sponsor. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Through the winner notification process, the potential winner must confirm his/her eligibility and indicate his/her willingness to accept the applicable Prize.
- The Sponsor and/or its representatives may respond to Entry Posts or otherwise engage with Contest participants during the Contest Period, but such interactions will have no impact on the process through which Prizes are awarded in accordance with these Rules.
Declaration and Release and Skill-Testing Question
- Before being confirmed as the winner of the Prize, the potential winner must complete and return, within five (5) days of date of receipt, a Declaration and Release Form (the “Declaration and Release”), which (among other things):
(a) confirms compliance with these Rules;
(b) acknowledges acceptance of the Prize as awarded;
(c) releases the Contest Entities and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the potential winner’s participation therein and the awarding and use/misuse of the Prize or any portion thereof; and
(d) confirms the potential winner’s consent to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast and the internet.
- Further, prior to being confirmed as a winner of the Prize, the potential winner must also correctly answer a mathematical skill-testing question contained in the Declaration and Release, without assistance of any kind, whether mechanical, electronic or otherwise.
- If the potential winner fails to return the properly executed Declaration and Release within the specified time period, or where applicable, his/her guest’s properly executed consent and release documents, the Sponsor may, in its sole and absolute discretion, disqualify the potential winner, thereby forfeiting any and all rights the potential winner may have to the Prize. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules.
- If a selected potential winner does not meet the eligibility requirements, does not correctly answer the mathematical skill-testing question, does not complete and return the Declaration and Release, is unable or unwilling to accept the Prize as offered or elects to decline the Prize, he/she will be disqualified and an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Any disqualified winner will not receive any alternate prize, substitution or compensation.
- Upon satisfaction of all requirements of these Rules, including, without limitation, receipt of the completed Declaration and Release, the winner will be contacted to make further Prize delivery arrangements.
Additional Rules and Restrictions
- By participating in this Contest, entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor and the Contest Administrator, which shall be final and binding on all entrants in all matters relating to this Contest subject to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable. In the event an entrant wins the Prize and is later found to be in violation of these Rules, he/she will be required to forfeit the Prize or to reimburse Sponsor for the stated value of the Prize if such violation is discovered after winner has used the Prize. False, fraudulent or deceptive entries or acts shall render entrants ineligible for the Prize.
- Proof of sending (regardless of method) is not proof of receipt by the Sponsor or Contest Administrator. Incomplete, altered, mutilated or garbled entries will be disqualified. The Releasees are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, the effects of hackers, the failure of any electronic equipment, computer transmissions and/or network connections or any other reason beyond Sponsor’s reasonable control; all of which will be disqualified. The Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including, without limitation: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entrants are restricted to use of ordinary and typical computer equipment and internet access use in respect of the Contest.
- The Releasees are not responsible for the cancellation or postponement of any component of this Contest or any associated programs and materials. The Releasees are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest. The Releasees are not responsible for typographical or other errors in the offer or administration of this Contest, including, without limitation, errors which may occur in connection with the printing or advertising of this Contest, these Rules, administration or execution of the Contest, the conducting of the prize drawing, the cancellation of any element of the Prize, the processing of entries or in the selection or announcement of the Prize or Prize winner.
- Each entrant must submit an Entry and participate in the Contest on his/her own behalf. Any Entry submitted on behalf of another individual, on behalf of a group or organization, or using another person’s email address, name or other personal information will be disqualified and ineligible to claim any Prize.
- Any attempt by any entrant to obtain more than the specified number of entries by using (or attempting to use) multiple names, identities, social media accounts, email addresses, registrations or logins, or by any other means whatsoever, will entitle the Sponsor, in its sole and absolute discretion, to void that entrant’s entries and disqualify that entrant from the Contest. Entries by any means which subvert the entry process will be void. Any entry that is determined by the Sponsor, in its sole and absolute discretion, to have failed to have been fully completed and submitted during the Contest Period will be rejected. Use (or attempted use) of any automated, macro, script, robotic or other systems or programs to enter or otherwise participate in, subvert or disrupt the Contest, and any other attempt to manipulate, tamper with or defraud any element of this Contest, is prohibited and is grounds for disqualification by the Sponsor in its sole and absolute discretion.
- In the event of a dispute as to any entry, the authorized account holder of the social media account used to submit the entry will be deemed to be the entrant and he/she must be eligible according to these Rules. The “authorized account holder” is the natural person assigned a social media account by a social media channel, online service provider or other organization responsible for assigning accounts. All entries received become the property of the Sponsor and will not be returned or acknowledged.
- The sole determinant of the time of receipt of an entry for the purposes of determining the eligibility of that entry shall be the Sponsor or Contest Administrator's computer or server.
- By participating in the Contest, except to the extent prohibited by applicable legislation, each entrant:
(a) consents to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast and the internet;
(b) releases and agrees to defend and indemnify the Releasees, Instagram LLC, Facebook and Twitter Inc. from and against any and all liability, claims, losses, actions or damages of any kind, whether actual, incidental or consequential, for injury (including but not limited to death), damages, losses or expenses arising out of or relating to an entrant’s participation in this Contest, or the acceptance, possession or use/misuse of any Prize or participation in prize-related activities (including but not limited to activity related thereto);
(c) agrees not to make any claim against any of the Releasees, Instagram LLC, Facebook or Twitter Inc. or against any third party that may result in a claim against any of the Releasees, Instagram LLC, Facebook or Twitter Inc. in respect of any matter in any way relating to or arising in connection with the Contest; and
(d) acknowledges and agrees that the Releasees make no warranty, guaranty or representation of any kind concerning any Prize and disclaim any implied warranty.
- The Releasees shall not be liable to the Prize winner or any other person for failure to supply any Prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labour dispute or strike, labour or material shortage, transportation interruption of any kind, or any other cause beyond the reasonable control of the Releasees.
- Sponsor reserves the right, subject only to the jurisdiction of the Régie des alcools, des courses et des jeux, where applicable where applicable, to cancel, modify, suspend or terminate the Contest, to change any Contest draw dates and to modify these Rules at any time without notice, for any reason, including, without limitation, if, in the opinion of the Sponsor, in its sole and absolute discretion:
(a) fraud, misconduct or technical failures destroy or threaten the integrity of any portion of the Contest;
(b) a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest; or
(c) there is any accident or printing, administrative or other error of any kind related to the Contest.
In the event of an early termination of the Contest, Sponsor reserves the right to determine the Prize winner in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
- Subject only to the jurisdiction of the Régie des alcools, des courses et des jeux where applicable, The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
- The Sponsor may, in its sole and absolute discretion, and without notice, terminate the right of any entrant to participate in the Contest.
- In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the websites or applications, the French version of these Rules and/or point of sale, television, print or online advertising, the terms and conditions of these English Rules shall prevail, govern and control.
- Except where prohibited by law, by completing the act of entering the Contest, each entrant agrees that the Contest, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, shall be governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein (excluding any conflict of laws, rule or principle that might refer such interpretation to the laws of another jurisdiction). Each entrant irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter related to this Contest.
- If any provision of these Rules is determined to be invalid or unenforceable, the remaining provisions of these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
- Except where prohibited by law, by participating in this Contest, each entrant agrees that (a) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be entitled to receive lawyers’ fees or other legal costs; and (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
- For Quebec residents, any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
- A copy of these Rules is available at https://www.madewithnestle.ca/stir-regs If you have any questions regarding the Contest, or if you would like a list of the Contest winners once they are named, please contact the Sponsor through its contact information located here: https://contact.nestle.ca/en/.