TERMS & CONDITIONS OF THE PROMOTION
1. This Promotion is organized and promoted by Nestlé Middle East, P.O.Box 17327, Jebel Ali Free Zone, Dubai, UAE (the "Promoter"). All participants to this Promotion (“Participants”) shall be subject to these Terms and Conditions.
2. This Promotion starts from Tuesday, 19th April 2011 12:00 AM (GMT +4) and will end on Wednesday, 1st June 2011, 11.59 pm (GMT +4).
3. Subject to the proviso below, this Promotion is open to individuals aged eighteen (18) years and above who are resident in any of the below specific countries:
(a) United Arab Emirates
(h) Kingdom of Saudi Arabia
Provided that participation in this Promotion by the residents of the above-mentioned countries and the content of these Terms and Conditions are subject to restrictions as may be contained in the export laws and regulations of the USA and other relevant countries.
4. Employees of the Promoter, its subsidiaries, divisions, affiliates, authorized dealers/distributors, agents and their immediate family members are not eligible to enter the Promotion. Promoter reserves the right to disqualify any such person from receipt of any prize and/or require the return of any prizes awarded. In such an event, and subject to any legal requirement, the Promoter reserves the right to select a new winner for the prize and/or dispose of the prize in any manner it deems fit, in its sole discretion.
5. Participants may be required to provide proof of identity and residence in the form reasonably requested by the Promoter.
Entrance to the Promotion
6. Participants can enter the Promotion through the URL http://www.nestle-family.com/14days/english/get-in-shape-and-win.aspx
7. No purchase is required to enter the Promotion.
8. Participants have to enter their details in the following fields: Mandatory (Name, Country, Gender, Age Range, Mobile No., Email) ; Optional (Weight( in kgs), Is there anything you would like to ask our dietician about? Please specify here.)
9. Participants need to answer the Seven (7) Questions.
11. Participants will be given the opportunity to write a “Testimonial” (Must Accept Assignment of Rights), whereby they fill in details based on the following statement: “We would love to hear from you about your experience trying out the 14 Day Fitness Program. Also feel free to check out the testimonials by others! Watch yourself zip back into slimmer, fitter and more beautiful you.” There is a field provided whereby the Participant may enter their “Testimonial”. The Testimonial will be published on the “Testimonial Gallery”.
12. The Promoter will hold a Raffle Draw on Sunday, 15th May 2011. Winners will be selected at random based on the Raffle Draw. Winners will be drawn at random and will be selected only from the list of Participants.
13. There will be a second Raffle Draw on Wednesday, 1st June 2011. Mechanism of selecting the winners for the second Raffle Draw remains the same as above.
14. Prizes include (iPads, Polar Heart Rate Monitors, and Mountain Bikes).
15. The selected Winners will be contacted by the Promoter by email.
16. Promoter’s decision is final regarding the winner selection and no correspondence will be entered into in this regard.
17. Each winner will be solely responsible and will bear all costs for any meals, transport, insurance, duties, taxes, licenses, permits, approvals and/or other additional or incidental costs or expenses which may be incurred as a result of and/or related to the winner's acceptance of their prize, including but not limited to any registration fees incurred for the use of their prize.
18. Prizes awarded in this Promotion may not be exchanged for cash or any other items. Promoter reserves the right to substitute any prize for another prize of similar value. All prizes are non transferable. Substitution of prizes by the winners is prohibited. In the event any winner chooses not to accept his/her prize, the relevant prize will be deemed forfeited, and Promoter may, subject to applicable laws, select another winner from all of the remaining entries at its discretion. Promoter's decision regarding the award of all prizes, and/or in every situation including any not covered in these Terms and Conditions, shall be final and binding on all Participants, and no queries, challenges or appeals may be made or entertained. Where required by Promoter, winners and any person sharing the prize with the winner shall be required to complete official release forms prior to the receipt of the relevant prize(s), failing which Promoter reserves the right to forfeit the prize and dispose of the same as it deems fit or is required by law.
19. The Promoter collects personal information (including but not limited to Email address) in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including, but not limited to, prize suppliers and as required, to regulatory authorities. Entry and participation in this Promotion is conditional upon Participants’ providing this information. The Promoter may, for an indefinite period unless otherwise required by law, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the Participant. Participants should direct any request to access, update or correct information to the Promoter. Participant hereby consents to the use of their personal information in the manner set out in these Terms and Conditions and waives their rights to initiate any claim against the Promoter for privacy invasion, improper disclosure of personal information or any other related claims.
20. By entering this Promotion, Participants warrant that they have read and agree to abide by these Terms and Conditions.
21. If for any reason this Promotion is not capable of being carried on as planned, due to without limitation infection by any computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, act of God, war (whether or not declared), political coup or insurrection, rebellion, labor dispute, fire, epidemic, storm, flood, typhoon, explosion, legal enactment, government directive, order or regulation, any law or regulation having force of law or any other reason or cause beyond the control of the Promoter, which corrupts or affects the administration security, fairness or integrity or proper conduct of this Promotion, the Promoter, to the fullest extent permitted by law, reserves the right in its sole discretion to cancel, terminate, modify or suspend this Promotion and to disqualify any Participant who tampers with the Promotion and/or the entry process. To the fullest extent permitted by law, the Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer software and/or equipment, failure of any e-mail account or any combination thereof.
22. The Promoter will be entitled at its sole discretion and subject to any applicable law, to terminate or modify the Promotion or to modify these Terms and Conditions at any time prior to the closing date, by posting the revised Terms on the website at “enter url here”
23. The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any death or personal injury suffered or sustained as consequence of participation in the Promotion, except for any liability which cannot be excluded by law.
24. Participant, to the fullest extent permitted by law, hereby releases Promoter, and all persons or corporations associated directly or indirectly with the Promotion from all claims, demands and proceedings arising out of their participation in the Promotion. To the fullest extent permitted by law Participant indemnifies Promoter and all persons or corporations associated directly or indirectly with the Promotion against all liability, loss or damage arising out of their participation in the Promotion, including any breach of these Terms and Conditions by them, the content of or infringement of a third parties intellectual property rights in their submitted review. This release and indemnity extends to and includes Promoter, its parent company and its related bodies corporate, and its respective directors, officers, agents, contractors, employees, promoters and sponsors associated with or which is involved directly or indirectly with the Promotion. This release and indemnity continues forever and binds Participants’ heirs, executors, personal representatives and assigns.
25. By participating in this Promotion, Participants accept that any dispute in relation to their participation in the Promotion or the running of the event will be subject to the laws and regulations of the Emirate of Dubai and the United Arab Emirates. The parties shall at first attempt to settle through amicable negotiations any dispute which arises under these Terms and Conditions. If the dispute remains unresolved within thirty (30) days of either party having resorted to such negotiations, then either party may submit the dispute to the non-exclusive jurisdiction of the courts of Dubai for determination in accordance with the law.
26. Any questions, comments or complains regarding this Promotion must be directed to Nestle.Online@AE.Nestle.com.
Thank you for visiting our website. We hope you enjoy learning more about Nestlé and our products.
Nestlé respects your right to privacy in the on-line world when you use our websites and communicate electronically with us. We put in place all necessary measures to keep secure any personal information you give us.
It is fundamentally important that you are informed that Nestlé is the data controller of your personal information.
If you have any requests concerning your personal information or any queries with regard to these practices please contact Nestlé Middle East FZE at www.nestle-family.com.
Data Collection and Intended Use
We only collect personal information that you want to provide to us or that is needed to provide (and improve) our service to you. We collect direct personal information such as name, address and e-mail address as well as indirect information such as cookies, connection and system information.
You may want to give us your e-mail address, name, telephone number, etc. so that we can provide you with information on our products or just keep you updated about exciting Nestlé developments that you are interested in.
You can be confident that Nestlé takes all necessary measures to keep any personal information you send to us private and secured.
Your personal information will be used for the purposes for which you provided it to Nestlé. It will be used to administer, support and obtain feedback on the level of our services and to prevent breaches of security, the law or our contract terms. Nestlé will never share your personal information with any Third Party business organisation that intends to use it for direct marketing or unsolicited follow-up communications unless you give us specific permission for such use.
We will use your personally identifiable data only for business purposes within the Nestlé Group that may include its communication to our affiliates and subsidiaries. Nestlé may share your personal information with Third Parties but only in the strictly limited circumstances set out below:
- We may supply your personal information to Third Parties (such as our internet service providers) who help us administer the website(s) and who may be located outside the country from where you accessed this website including for example the United States. These Third Parties only have access to personal information for the purposes of maintenance and technical assistance of our website (s). Third Parties must at all times provide the same level of security for your personal information as Nestlé and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Nestlé.
- We may also supply personal information to government bodies and law enforcement agencies if: we are required to do so by the requirements of any applicable law or, if in our good faith judgment, such action is reasonably necessary to comply with legal process, to respond to any legal claims or actions, to protect the rights of the Nestlé Group or its customers and the public.
- We may, in a few limited circumstances, supply your personal information to potential acquirers of any relevant Nestlé business but provided that (i) we have contractually ensured that this information is kept private and secure; and (ii) that when supplying this personal information Nestlé complies with the applicable local laws.
From time to time, we may ask our website visitors to answer survey questions. Surveys generally will relate to the content of the website, our products or categories of products. We may ask for age or age ranges, gender, and/or other non-personally identifiable information. For the purposes of these surveys, we may add information obtained from cookies to your survey answers but no personally identifiable data will be requested. The personal information collected is not tied to any personally identifiable information that may already have given us. Personal information gathered from polls and surveys are for Nestlé internal use only but any aggregated information (not capable of personally identifying anyone) may be shared with others.
The server that makes this website available may be located outside the country from which you accessed this website including for example the United States. This provider is bound by a contract that ensures a high standard of privacy protection and requires (amongst other provisions) that it acts only on Nestlé instructions and implements technical measures necessary on an ongoing basis to keep your personal information secure.
The Processing of personal information (such as user-ID, password, credit card number, etc.) may be mandatory for the purposes of consultation, modification or deletion of your personal data and/or of the on-line services offered by this website.
In order to make the registration process easier, we use a one-time registration tool across many Nestlé websites. With this tool, when you register with our website, this information can be automatically made available to you for registration at other Nestlé website(s). Your personal information remains protected and we will always ask for your express consent or Opt-In to receive data from Nestlé website(s) before you are added to any mailing list.
Data Security, Accessing, Deleting or Correcting Data
Your personal information is password protected. You can consult, revise, correct or delete your personal information by using your user-ID and password. Also, you may have your personal information deleted, corrected or revised by sending an e-mail to email@example.com
Tracking Technology ('Cookies')
Nestlé does make use of tracking technology ('Cookies') to gather such personal information as browser type and operating system, referring page, path through site, domain of ISP etc.for the purpose of understanding how visitors use this website. Cookies also help us tailor this website to your personal needs.
Nestlé keeps all the information collected from cookies in a non personally-identifiable format.
This type of information obtained through cookies will not be disclosed outside the Nestlé Group or designated Third Parties. It will not be used for unsolicited communications.
Cookies located on your computer do not contain your name but an IP address. After the user’s session is cancelled, the information contained in the cookies is no longer available to Nestlé.
Please ensure that your computer setting reflects wherever you are happy to accept cookies or not. You can set your browser to warn you before the accepting cookies, or you can simply set it to refuse them, although you may not have access to all the features of this website if you do so. See your browser “help” button for how you can do this. You do not need to have cookies on to use or navigate through many parts of this and other Nestlé websites. Remember that if you use different computers in different locations you will need to ensure that each browser is adjusted to suit your cookie preferences.
Third Party Websites
Nestlé links to other website to offer you an opportunity to review connected and interesting information related to Nestlé. These Third Party websites are outside our control and are not covered by this Privacy Notice. If you access other websites using the links provided, the operators of these websites may collect your personal information. Please ensure that you are satisfied with the Privacy Policies of these Third Party websites before you submit any personal information. Nestlé tries, as far as we can, to ensure that all Third Party linked websites have equivalent measures for protection of your personal information, but we cannot be held responsible legally or otherwise for the activities, privacy policies or levels of privacy compliance of these Third Party websites.
Some of our websites may provide you with the opportunity to e-mail a web page address to another person. For this feature to work, we may need to collect your e-mail address and/or the e-mail addresses of those you send the web page to. E-mail addresses collected in this way are not used for any purpose other than to fulfill your request. These e-mail addresses are not stored and are deleted immediately after your request is fulfilled.
Spamming is where unsolicited e-mails are sent to you containing advertisements or marketing related materials without your consent.
Nestlé does NOT send SPAM e-mails
Nestlé may store the personal information which you send to us via this website in its databases. Your personal information will be kept by the Nestlé Group only for as long as is necessary, taking into consideration the purpose for which it was collected. This means that we may retain your personal information for a reasonable period after you stop using Nestlé services or stop using the website. After this period, your personal information will be deleted from all systems in the Nestlé group.
We believe that it is highly important to protect the privacy of children on-line and encourage parents or guardians to spend time on-line with their children to participate in and monitor their e-activities.
We do not intentionally collect personal information from children under the age of 16 except on some of our children's websites. On these websites, we will collect such personal information in accordance with all local laws and regulations applicable to the privacy rights of children. If parents or guardians provide consent for the child to submit personal information, we will ask children only for the personal information necessary to participate in the program for which the child is registering.
Children Specific Website
Special note to Children under the age of 16
If you are under the age of 16, we advise that you speak with your parent or guardian BEFORE giving your personal information to Nestlé websites. If you are not sure you understand something in this section, you should ask your parent or guardian for their help.
Special note to Parents of Children under the age of 16
We recommend that parents/guardians regularly check and monitor their children's use of e-mail and other on-line activities.
Please ensure that your child does not provide personally identifiable information on-line without asking your permission.
All visitors under the age of 16 will be asked to supply a parent or guardian's e-mail address. This is so that we can forward to parents or guardians a copy of every e-mail we are requested to send to children.
You can, at any point of time review your child's personal information and have it changed or deleted on-line. Alternatively, you can also ask us to delete any of your child's information by sending us a deletion request form by e-mail/postal mail/ fax to the address given in contact details set out in the "Data Security, Accessing, Deleting or Correcting Data" section.
Privacy Notice Updates
Nestlé reserves the right to make any changes and corrections to this Privacy Notice. Please refer to this page from time to time to review any subsequent amendments.
By browsing this website and communicating electronically with us, you acknowledge and agree to our processing of your indirect personal information (cookies, connection, system information) in the manner set out in this Privacy Notice.
You and the Nestlé Group agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of Dubai, UAE and to be submitted to the exclusive jurisdiction of the courts of Dubai, UAE.