NESTLÉ MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
TERMS AND CONDITIONS OF USE - PLEASE READ CAREFULLY
Thank you for visiting a Nestlé's USA (“Nestlé ”) website. Nestlé maintains this website (the "Site") for your personal entertainment, information, education and communication. Your access to and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and Nestlé regarding this Site are superseded and of no force or effect.
This Site belongs to Nestlé. Nestlé or other third parties who have licensed Nestlé’s use own the copyright to the contents of this Site. You may download only material displayed and identified on the Site as specifically available for downloading. Such material is for noncommercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Nestlé’s written permission.
SUBMISSIONS TO THE SITE
Any non-personal information, communications or material you submit to Nestlé at this Site, by e-mail, download, or otherwise (“Submission”), is non-confidential, and Nestlé is free to use and reproduce such Submission freely, and for any purpose. Specifically, Nestlé is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to the person submitting. If Nestlé accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, Nestlé does not waive any rights it may have to similar or related ideas previously known to Nestlé or developed by its employees, or obtained from sources other than you.
You further acknowledge and warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use, and that Nestlé's use will not violate any third party's rights.
Nestlé is under no obligation to use any Submission.
Although Nestlé may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site (“Postings”), Nestlé is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Nestlé will fully cooperate with any law enforcement authorities or court order requesting or directing Nestlé to disclose the identity of anyone posting any such information or materials. Nestlé may remove Postings at any time, and for any reason.
COPYRIGHT COMPLAINTS (DMCA POLICY)
Nestlé respects the intellectual property of others, and we ask our users to do the same. Nestlé may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Nestlé by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material; Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notice to:
Attn: Legal Department/DMCA Notices
800 N. Brand Blvd.
Glendale, CA 91203
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Nestlé or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Nestlé will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. Nestlé has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.
In general, Nestlé does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of Nestlé's trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests Nestlé has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with Nestlé to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without Nestlé's written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any Nestlé names, trademarks, slogans, or any other words or codes identifying Nestlé Site in any "metatag". Nestlé will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Nestlé and its products. Nestlé reserves the right to cancel permission to link at any time, for any reason.
FITNESS, NUTRITION, & HEALTH INFORMATION
Information presented on Nestle web sites is intended to impart general fitness, nutrition and health information. Nestlé is not engaged in rendering medical advice or services. The information presented on this site is not intended for diagnostic or treatment purposes. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
Please note a few Nestlé web sites are clearly directed to medical professionals and the information contained on these web sites is not intended for general audiences.
The Nestlé products, materials, offers, and information appearing on this Site are intended for U.S. visitors/customers. This Site is controlled by Nestlé USA from its offices in Glendale, California, United States. Nestlé makes no representation that materials on this Site are appropriate or available for use in other locations.
LIMITATION OF LIABILITY
Your use of and browsing on this Site are at your own risk. Neither Nestlé nor any other party involved in creating, producing or delivering this Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. Nestlé assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site.
Additionally, software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Coupon Redemption Policy
This Coupon Redemption Policy (the “Policy”) includes the following Nestlé affiliated companies: Nestlé USA, Inc., Nestlé Prepared Foods Company, Nestlé Purina PetCare Company, Nestlé Waters North America, Inc., Nestlé HealthCare Nutrition, Inc., Gerber Products Company, Nestlé Dreyer’s Ice Cream Company, Tribe Mediterranean Foods, Inc., and Galderma Laboratories, Inc. (collectively referred to as “Nestlé”).
Scope of Policy. This Policy governs the redemption terms relating to the coupons made available by Nestlé for the purchase of Nestlé products (the “Coupon(s)”). Such Coupons are redeemable at participating retail merchants selling Nestlé products (each a “Retailer”). BY SUBMITTING ANY COUPON FOR REDEMPTION, A RETAILER AND ITS COUPON CLEARINGHOUSE (EACH A “CLEARINGHOUSE”), IF ANY, AGREE TO BE BOUND BY THIS POLICY. SUBMISSION OF COUPONS FOR REDEMPTION SIGNIFIES COMPLIANCE WITH THE TERMS AND CONDITIONS PRINTED ON SUCH COUPONS AND THE TERMS AND CONDITIONS SET FORTH BELOW, WHICH ARE INCORPORATED INTO ALL COUPONS BY REFERENCE. EACH SUBMISSION OF COUPONS TO NESTLÉ’S PROCESSING AGENT CREATES A BINDING ENFORCEABLE AGREEMENT TO HONOR THE TERMS AND CONDITIONS OF THIS POLICY AND THE TERMS AND CONDITIONS OF THE COUPON. IT IS THE RETAILER’S RESPONSIBILITY TO ENSURE ITS EMPLOYEES AND AGENTS ARE AWARE OF AND IN COMPLIANCE WITH THIS POLICY.
A) Coupons are only valid in the fifty states comprising the United States of America, the District of Columbia, U.S. territories and possessions, and U.S. military installations worldwide, including any A.P.O. and F.P.O.
B) Coupons are void where prohibited, taxed, or otherwise restricted.
C) The cash redemption value of each Coupon is 1/20 of 1 cent.
D) Coupons are non-assignable and are void if transferred, bought, sold, traded, exchanged for cash, other coupons, or certificates, or auctioned, from their original recipient to any other person, firm, or group prior to store redemption, or if photo-copied, reproduced, or altered in any way.
E) Coupons are to be used toward the purchase of products for individual consumer use only and should not be accepted by any Retailer for product that will be resold.
2. Online Purchase Coupon Codes.
A) An online purchase coupon code (each a “Code”) must be entered at checkout to receive discount.
B) Codes are not valid in conjunction with any other Nestlé coupon or offer and are void where taxed, prohibited and restricted. No adjustments to prior purchases shall be made.
C) Codes are not valid for cash.
D) Codes are only valid on orders placed on the Web site indicated on the coupon, with a shipping and billing address found in the continental U.S.
E) Codes may not be published elsewhere without written permission from Nestlé.
3. Coupon Redemption at Retailer.
A) Coupons are redeemable only by a consumer purchasing the brand(s), size(s), quantity(ies) and variety(ies) of product(s) indicated on the Coupon (or the other required purchase criteria indicated on the Coupon), with the face value of the Coupon deducted from the Retailer’s then current selling price or, in the case of a free goods Coupon, the lesser of the Retailer’s then current selling price and the maximum allowable amount specified on the Coupon.
B) Multiple Nestlé coupons (two or more, in any form including using a paper and digital coupon together) may not be applied against the purchase of a single item, and a maximum of four identical Coupons may be redeemed for four identical items in a single transaction.
C) No Coupon may be redeemed after the expiration date set forth on such Coupon.
D) The consumer must pay any sales tax applicable to the product(s) being purchased.
4. Processing Coupons for Payment and Denials Related Thereto.
A) Properly redeemed and identified Coupons must be submitted: (1) directly by the Retailer that redeemed the Coupons, or (2) through a Clearinghouse authorized and approved by Nestlé’s processing agent. Submission by unauthorized intermediary agents will not be accepted. Electronic clearing or any other exceptions to Nestlé’s standard process requires prior written agreement from Nestlé. Nestlé encourages Retailers participating in digital Coupon promotions to use industry standard formats for reading, writing, and transmitting data, and to implement industry standards for digital Coupon promotions to promote efficiency and strong controls. All Coupon redemption information should be forwarded by the participating Retailer to its Clearinghouse prior to sending on to Nestlé’s processing agent.
B) Nestlé’s processing agent may request completion of a questionnaire to facilitate the payment process. Providing false or misleading information in a questionnaire submitted to Nestlé, its processing agent or a Clearinghouse may result in the termination of redemption privileges. Any Retailer who fails to complete and submit a questionnaire to the Nestlé processing agent after two requests may be denied payment for any and all coupons submitted. Nestlé reserves the right to forward Coupons to law enforcement agencies for review and investigation as Nestlé may deem appropriate. Each shipment of Coupons will be considered as a whole and Nestlé reserves the right to refuse payment for an entire shipment if any portion of the shipment is found to be improperly redeemed.
C) For each properly redeemed Coupon, Nestlé will reimburse the following items:
(i) Face value of savings Coupons or, in the case of a free goods Coupon, the lesser of the Retailer’s then current selling price and the maximum allowable amount specified on the Coupon. If the Retailer does not write a price in the retail price box, a predetermined default value based on a representative market value determined by Nestlé will be used. Reimbursement shall not exceed the amount of Retailer’s then current selling price.
(ii) Plus eight cents ($0.08) for handling each Coupon properly redeemed.
(iii) Plus reasonable, actual direct ground postage from Retailer to Nestlé’s processing agent or from Clearinghouse to Nestlé’s processing agent. All other postage and handling costs/fees (including insurance) are the responsibility of the Retailer as part of the initial $0.08 handling fee per Coupon.
D) Except as set forth above, Nestlé will not pay any other administrative, handling, transportation or other coupon processing fees that Retailer or its Clearinghouse may incur or request.
E) Invoices for paper Coupons received by Nestlé more than six (6) months after the expiration date on the Coupon will not be honored. Invoices for digital Coupons must be presented to Nestlé’s processing agent within 30 days after the expiration of the Coupons
F) Nestlé reserves the right, in its sole discretion, to withdraw and/or refuse payments for any Coupon offer (paper or digital) and to modify or terminate any Code and/or consumer’s participation at any time due to fraud or errors including but not limited to counterfeiting, unauthorized distribution, significant data errors or system security breaches.
G) Nestlé reserves the right to deny reimbursement, retain, mark, and declare void any coupons and/or Codes presented for redemption that are:
(i) In mint/mass/gang/ or similar cut or torn condition;
(ii) In sequential number patterns, or contain evidence of tape, or are in excessive or larger than normal quantities in single or multiple transactions that would indicate the Coupons were used to purchase products for resale and not for individual consumer use;
(iii) Altered or appear to be reproductions;
(iv) Submitted in a uniform mix (multiple submissions of a single Coupon or the same quantity of several different Coupons);
(v) Not supported by sufficient Retailer stock to cover the number and types of Coupons submitted for redemption;
(vi) Not supported by itemized invoices showing sufficient purchases of products of the Retailer within the normal redemption cycle to cover the Coupons presented for payment. Nestlé may request supporting data, typically transaction log data, to verify actual consumer transactions for the period involved;
(vii) Submitted by a Retailer whose address or business operations cannot be verified;
(viii) Redeemed in a different area from their original distribution area (out of area Coupons);
(ix) Published elsewhere without written permission from Nestlé;
(x) Accepted from the consumer after the stated expiration date;
(xi) Deemed to have any other indications of misredemption;
(xii) Not in accordance with this Policy.
H) For digital Coupons and/or Codes, Nestlé will deny reimbursement for Coupons/Codes which exhibit signs of misredemption, including, but not limited to: accuracy or quality issues in data files, excessive or unusual patterns or redemption, use of multiple Coupons (digital and/or paper) for the purchase of a single item or use of more than four identical Coupons for the purchase of more than four of the same item, and excessive “make good” Coupons or point of sale overrides.
I) Coupon reimbursement, penalties and deduction fees may not be deducted from Nestlé invoices. If such deductions are made, the Retailer’s credit with Nestlé may be suspended or shipments may be suspended until the amount is repaid including any penalties and/or deduction fees.
J) Properly redeemed Coupons should be sent to:
Inmar Dept #00020
1 Fawcett Drive
Del Rio, Texas 78840
K) The Nestlé processing agent’s count of Coupons received will be final and shall govern the payment of Coupons under this Policy.
5. Nestlé Audit of Retailer Records.
Nestlé reserves the right to audit the coupon sorting or billing service of any Retailer, Clearinghouse, or agent involved in the handling or submission of Coupons. Nestlé reserves the right to deal directly with all Retailers on all matters pertaining to any Coupon submission.
6. Retailer Appeals.
In the event a Retailer payment is denied, the Retailer may appeal within six (6) months of the date of the notification of the denial. Appeals should be forwarded in writing to the corresponding address below. Lack of action within six months of any variance constitutes your agreement with the denial or adjustment, as applicable. Appeals received after six (6) months will not be considered. Appeals should be sent to:
Inmar Dept #00020
1 Fawcett Drive
Del Rio, Texas 78840
7. Limitation of Liability.
Nestlé’s sole obligation hereunder is limited to reimbursing Retailer the amount described in Section 4(C) for all Coupons redeemed by Retailer if valid and redeemed in accordance with the terms hereof. In no event shall Nestlé’s liability hereunder exceed the amount described in Section 4(C) for all valid Coupons submitted by Retailer in accordance with the terms hereof.
A) Any use of Coupons by a Retailer not consistent with these terms shall be regarded as a material breach and may constitute fraud, and Nestlé, at its sole option, may void all Coupons such Retailer submits for redemption. Submission of Coupons not legitimately redeemed could result in prosecution under U.S. mail and/or computer fraud statutes.
B) This Policy will be governed and construed in accordance with the federal laws of the United States and the state laws of the State of Missouri. Any action or proceeding brought by any party hereto which is related to this Policy or any Coupon(s) shall be brought in a federal or state court having proper subject matter jurisdiction and governing St. Louis County, Missouri.
C) Any legal action hereunder must be brought within one (1) year of the particular submission date giving rise to the cause of action. Any audit claim instituted by the Retailer must be brought within one (1) year of the time period for which the audit is sought. All post audit claims must include complete documentation to substantiate claims. Post audits performed by third parties must be reviewed thoroughly and verified by the Retailer prior to submission.
D) Nestlé’s failure to enforce any terms or conditions of this Policy shall not constitute a waiver of them by Nestlé. No custom or practice of the parties at variance with the terms of this Policy will constitute a waiver of such party’s right to demand exact compliance with the terms hereof.
E) This Policy may only be altered or modified by Nestlé; moreover, Nestlé reserves the right, in its sole discretion, and without prior notice to any party, to modify, revise or eliminate any of the provisions of this Policy.
F) Should any provision(s) of this Policy be declared invalid for any reason, such decision shall not affect the validity of any other provisions, which other provisions shall remain in force and effect as if this Policy had been agreed to with the invalid provision(s) eliminated.
If you have any questions or need further clarification, please call the Inmar Retailer Hotline at (800) 285-7602