Terms & Conditions
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these Terms and Conditions and acknowledge that any other agreements between you and Nestlé regarding this Site are superseded and of no force or effect.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.
WellBeing Terms and Conditions
A. Overview of the WELLBEING REWARDS from LEAN CUISINE Program
WELLBEING REWARDS from LEAN CUISINE (the "Program") is a loyalty program sponsored by Nestlé Prepared Foods Company through which eligible individuals (“Participants” or, individually, the “Participant”) can collect points (“Points”) by pursuing a healthier lifestyle and then redeem such Points for exclusive rewards. Participants can visit LeanCuisine.com/WellBeing (the “Web site”) and register for the Program. Then, Participants can chose to pursue a myriad of activities and be awarded points immediately upon completion of the activity. Participants may use their Points to purchase items through the rewards catalog ("Rewards Catalog").
Sponsored by: Nestlé Prepared Foods Company, a Pennsylvania corporation, with principal offices in Solon, OH 44139 (“Sponsor”).
Administered by: CrowdTwist, Inc., New York, NY 10010 (“Administrator”).
B. Participation in the Program
- Internet access is required to participate in the Program. The Program is void where prohibited by law. Open to legal residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age or older except employees and the families of Nestlé Prepared Foods Company, CrowdTwist, Inc., their affiliates, subsidiaries, promotion and advertising agencies (the “Ineligible Individuals”). At no time are Ineligible Individuals eligible to participate in sweepstakes, instant win or other games that may be incorporated from time to time into the Program.
- Nestlé Prepared Foods Company, their affiliated companies, representatives, agents or employees are not responsible for, and shall be indemnified by the prize winner against, any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of the prize. Subject to all federal, state and local laws. The Program is sponsored by Nestlé Prepared Foods Company, Solon, OH 44139 (“Sponsor” or “Nestlé”) and administered by CrowdTwist, Inc. ("CrowdTwist" or “Administrator”).
- The following individuals are NOT eligible to participate in the Program: (a) employees of CrowdTwist; (b) employees of Nestlé Prepared Foods Company; (c) employees of Sponsor’s affiliates, subsidiaries, advertising and promotion agencies (d) employees of any other person or entity involved in the development, administration or execution of the Program; and (e) the immediate family members (parent, child, sibling and/or spouse of each) and/or those living in the same household as persons set forth in items (a) through (d) above.
- Participation in the Program constitutes each Participant's full and unconditional agreement to these Rules, and representation that Participant meets the eligibility requirements set out in these Rules. Those who do not comply with these Rules are prohibited from participating in the Program.
- In order to participate, you must register at the Web site and expressly accept these Rules. You will receive a confirmation e-mail. Neither Sponsor nor Administrator are responsible for updates to Participants’ e-mail addresses or other profile data (please note that communications will be sent to the addresses contained in Participants' profiles, and it is each users’ responsibility to update as needed. (See Section F(5) below for further details).
C. Modification and Termination of the Program
- By participating in the Program, you hereby agree that Sponsor may modify any of the Rules governing the Program at any time (including, without limitation, these Rules), with or without notice, even though these changes may affect a Participant's ability to use accumulated Points.
- The Program began on September 9, 2015 at 12:00 a.m. Eastern Time (“ET”) and is ongoing (“Program Period”). Sponsor, however, may terminate the Program at any time, with or without notice, even though termination may affect Participants’ ability to use accumulated Points.
- With notice, a Participant's continued participation in the Program constitutes his or her acceptance of any changes to these Rules.
D. Collecting Points
- Registration. To enroll, a Participant must click on the "Register" link and follow the on-screen instructions to create a Program account ("Account") or log in using an existing LeanCuisine.com account. An individual must have a unique valid e-mail address to create an Account. Limit one (1) Account per person and per e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant.
Once Participants login with their existing LeanCuisine.com account or register for a new account, they will be enrolled in the Program. The number of Points collected by such Participant will be recorded and tracked in the Participant’s Account.
In order to obtain certain aspects of the Program, Participants may also elect to provide access information related to their accounts at social networking sites (such as, for example, Twitter, Facebook, and Instagram); and in order to obtain certain services applicable to the Rewards Program, Participants may be required to provide mobile telephone account information. Participants will maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Sponsor may refuse to accept any individual’s application to register as a Participant, in its sole discretion.
- Participant Accounts. Sponsor will attempt to credit Participant Accounts with Points on a timely basis. However, each Participant will have the responsibility of ensuring that his/her Points are properly credited. Any claim for Points not credited accurately must be received by Sponsor within six (6) days of the date of claimed accrual of such Points. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Points summaries or Accounts. Sponsor reserves the right to invalidate Points from an Account if it determines that such points were improperly credited to such Account or obtained fraudulently. Sponsor reserves the right to require proof of accrual of Points and Sponsor reserves the right to delay the processing or redemption of any Points without notice to Participants, in order to assure compliance with these Rules. Participants are responsible for maintaining the confidentiality of their Accounts and passwords and for restricting access to their computers and activity on their account, and Participants agree to accept responsibility for all activities that occur under their Accounts or passwords. Without limiting any other remedies, Sponsor may suspend or terminate a Participant’s Account if Sponsor suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Rules, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Rules or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date and any other benefits earned in connection therewith, in Sponsor's sole discretion.
- No Cash Value or Transferability. Points do not constitute property, do not entitle a member a vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale of Points is strictly prohibited. Any Points remaining in a Participant’s Account at the end of the Program Period will be forfeited without compensation. There shall be no carry over or transfer of Points to other Sponsor programs, or extensions of the Program beyond the Program Period, unless otherwise determined by Sponsor in its sole and absolute discretion.
- Account Inactivity and Code Expiration: If a Participant has failed to login to the WellBeing Rewards Program for a period of twelve (12) months, all of the Participant's accumulated Points will be forfeited without compensation, and Participant’s account shall be closed. Participant will have a three (3) month grace period after Points are forfeited and account closed to reinstate Points and account.
E. Acquiring Items from the Rewards Catalog
- A Participant may visit the Program Web site to view and acquire items from the Rewards Catalog.
- A Participant may begin using points to redeem items from the Rewards Catalog beginning September 9, 2015.
- To view the Rewards Catalog, log in to the Program, click on the "Get Rewards" button to view available rewards. Once Participant has located an item he or she would like to redeem, he or she can click on the item and follow the instructions to complete redemption. Participant will receive confirmation that the item has been redeemed and the associated Points will be deducted from his/her account.
- Sponsor reserves the right to modify the list of items available, as well as their corresponding Point values, at any time for any reason.
- The total number of Points a Participant can use to redeem an item is the number of Points he or she has available in his/her account.
- All redemptions for items from the Rewards Catalog are final and the Points will be deducted immediately from Participant's Account.
- Sponsor reserves the right to substitute an item advertised with an item of equal or greater value if due to unavailability or for any other reason.
- Delivery time of any item will be up to 12 weeks from time order is placed, unless the reward is delivered via e-mail, or a different delivery time is specified in the item description included in the Rewards Catalog. We do not ship to P.O Boxes.
F. Rewards, Fulfillment of Items Redeemed Through Rewards Catalog
- Participants will receive e-mails notifying them when they have redeemed an item through the Rewards Catalog.
- Please allow approximately 12 weeks after an item has been redeemed through the Rewards Catalog for shipment of the redeemed item, unless otherwise noted on the Web site. Certain items may have different shipment times, and if this is the case such times will be as specified on the item’s Catalog description.
- Except as otherwise provided herein, no refunds will be provided on any redeemed item. If for any reason a redeemed item is received damaged, becomes unavailable or cannot be fulfilled, Sponsor, in its sole discretion, reserves the right to replace the redeemed item with a similar item of equal or greater value.
- Gift cards, coupons and certain other types of Rewards may have additional terms and restrictions, of which Participants are responsible for making themselves aware. Additionally, gift cards and coupons should be treated by Participants like cash, and will not be replaced by Sponsor if they are lost or stolen. Participants are responsible for paying all costs and expenses not specifically stated, including but not limited to taxes, non-use fees or other expenses that might be reasonably incurred by the Participant in receiving or using the Reward.
- Rewards will be delivered to the email address or residence address, as appropriate, as provided by Participant on the shipping form during the reward redemption process. It is the responsibility of the Participant to be sure all such information is current. Sponsor is not responsible for Rewards sent to non-current addresses, and any such Rewards will not be replaced.
G. General Terms and Conditions
- Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Rules or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- Any attempt by any person to undermine the legitimate operation of the Program 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. Sponsor’s failure to enforce any of these Rules shall not constitute a waiver of that, or any other, provision.
- The Program is provided to individuals only. Corporations, associations, including school organizations, or other groups may not participate in the Program.
- All questions or disputes regarding eligibility for the Program, the availability of items or a Participant’s compliance with these Rules will be resolved by Sponsor in its sole discretion. By their participation, Participants agree that all decisions made by Sponsor or their designated agents regarding the Program, Rewards or Participants' participation in the Program are final.
- Neither Sponsor nor CrowdTwist is responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.
- Participants are responsible for the payment of all taxes which may result from participation in the Program.
- Participants are responsible for maintaining updated contact information in the Profile Information area of the Web site. Information contained in Profile Information will be used to contact Participants redeeming items in the Rewards Catalog.
- The Program is subject to all applicable laws and regulations.
- Sponsor not responsible for lost, late, stolen, misdirected or illegible mail or email.
H. Limitation of Liability
- CrowdTwist, Sponsor, and their respective parent companies, affiliates, subsidiaries, and promotional and advertising agencies are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any Web site or any combination thereof. In the event that online access is temporarily corrupted and suspended, notice of such will be provided at the Web site until such time that the Program, as originally intended, may be resumed, as determined by Sponsor in its sole discretion.
- By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless CrowdTwist, Sponsor and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CROWDTWIST, SPONSOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, FRANCHISEES, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPATION IN THE PROGRAM OR ANY PURCHASED OR REDEEMED ITEM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF CROWDTWIST IMPROPERLY DENIES A PARTICIPANT ANY REDEEMED ITEM, LIABILITY WILL BE LIMITED TO THE EQUIVALENT FAIR MARKET VALUE OF ITEM. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
- CrowdTwist, Sponsor and their respective officers, directors, employees, shareholders, agents, franchisees, successors, assigns, and service providers, are not responsible for any products or services offered on the Web site. TO THE FULLEST EXTENT ALLOWABLE BY LAW, CROWDTWIST AND SPONSOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM. Those include any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Delaware. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participant’s rights and obligations, or the rights and obligations of CrowdTwist or Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Delaware.
- If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.