please verify that you are over the age of 18
Por favor verifica que eres mayor de 18 años.
Upload your image and fill out the following information. Please note that photos are subject to the Official Rules found below. Make sure your image has a high resolution so your super hero pose is crystal clear on your custom Nesquik canister!
Preferred Submission Format:
Image Displayed in Gallery
Official Rules for the #LikeASuperHero Giveaway (the “Giveaway Rules”)
Please note the official rules have been updated
1. The Giveaway
The #LikeASuperHero Nesquik Avengers giveaway (“Giveaway”) is managed by NESTLÉ USA, Inc., 800 N Brand Blvd, Glendale, CA 91203 (“ Nestlé ”). The Giveaway commences on April 15, 2015 at 11:00am (EST) and ends on June 15, 2015 at 2:00 pm (EST) (the “Giveaway Period”) or while supplies last. These Giveaway Rules are a binding contract between the Participants and Nestlé . By participating in the Giveaway, the Participants agree to be bound by these Giveaway Rules.
2. Who Can Participate
The Giveaway is open to adult residents (18 years and older) or the parent/legal guardian of any person under 18 years of age of the 50 United States & Washington DC.
Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
3. How to Participate
. To submit, Participants must upload their image of individuals (either themselves or those that provided Participant with permission to photo and submit as part of the Submission) in a “superhero” pose to the website located at: http://offerpop.com/commerce/gallery/10031 (the “Website”).
Follow all instructions for uploading and submitting your photo, follow the Giveaway Rules provided herein and provide correct personal details in the registration form (collectively, a “Submission”). Participants may not disclose the personal information of a third party, including but not limited to images of a non-consenting third party, as part of a Submission.
Participants who, in Nestlé’s sole discretion, meet the Submission guidelines and the Giveaway Rules herein will be delivered, via US mail, within a reasonable time of submission (but in any event not earlier than three (3) weeks after the date of submission), a personalized custom canister of Nesquik® with the Submission printed onto the canister. Nestlé disclaims all responsibility for errors in delivery or damage to the custom Nesquik® canister during delivery. The canister does not contain product.
By submitting a Submission, each Participant agrees to comply with these Giveaway Rules.
Participants’ details will be used for the sole purposes of the administration of this Giveaway.
No mechanically reproduced or computer-generated Submissions are permitted.
Each participant may only submit a single Submission during the Giveaway Period.
Nestlé is not responsible for lost, late or misdirected Submissions, or Submissions containing incorrect or incomplete information. Nestlé is not responsible for any errors of any kind, including but not limited to typographical errors, problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winner’s notice on account of technical problems or traffic congestion on the Internet, problems with Twitter, Instagram, the Website, or any injury or damage to Participant’s or any other person’s computer or other mobile device resulting from downloading, uploading, or submitting any materials in connection with the Giveaway.
5. Submissions Guidelines
Submissions must comply with the following requirements to participate in the Giveaway:
6. Participant Responsibilities
Participant shall be solely responsible for its Submission and the consequences of submitting and publishing the Submission in the Giveaway. Participant affirms, represents, and warrants as follows:
i. Participant is either the person depicted in the Submission or is the parent or legal guardian of all person(s) under 18 years of age depicted in the Submission and has the requisite legal authority to grant to Nestlé all rights granted here under on behalf of itself and all other person(s) depicted in the Submission;
ii. The Submission is an image authored by the Participant or with Participant’s consent;
iii. The publication and use of the Submission as provided in these Giveaway Rules does not and will not violate or infringe upon the rights of any third party, including without limitation copyrights, trademarks or rights of publicity or privacy;
iv. Nestlé and its licensees, assigns and promotional partners will not be required to pay any sums or incur any obligations to any person or entity as a result of their use, exhibition, publication or exploitation of the Submission or any portion thereof consistent with Section 8 below; and
v. Participant owns or has all necessary licenses, rights, consents, and permissions to publish the Submission and grants Nestlé the rights to use the Submission as set forth in these Giveaway Rules. Without limiting the preceding sentence, each Participant represents that they have obtained all of the rights, licenses and permissions from each person that appeared in the Submission or helped create the Submission or whose intellectual property is included in the Submission.
FOR PURPOSES OF CLARITY, EACH PARTICIPANT MUST BE OVER 18 YEARS OF AGE OR THE PARENT/LEGAL GUARDIAN OF ANY PERSON UNDER 18 YEARS OF AGE DEPICTED IN ITS SUBMISSION.
7. Submission Review
Nestlé will review all Submissions received. If any Submission fails to conform to these Giveaway Rules, or Nestlé otherwise determines that the Submission is inappropriate, would reflect poorly on Nestlé or the Giveaway or could adversely affect the reputation or goodwill of Nestlé, Nestlé may, in its sole discretion, remove and make ineligible for the Giveaway such Submission at any time. Nestlé also reserves the right, at Nestlé’s option, to edit any Submission, including blurring out third parties or objects, or to require Participant to blur or edit the Submission in order to make it eligible for the Giveaway.
8. Intellectual Property Rights
When Participants upload their Submissions, Nestlé may, if it wishes, use the Submissions on the gallery section of the Giveaway website or Nestlé NESQUIK’S social channels. Nestlé is under no obligation to use Participant Submissions, however.
The Participant acknowledges that Nestlé has no obligation to publish the Submission and reserves the right to remove a Submission from publication for any reason or no reason.
9. Usage Rights
If Nestlé uses a Participant Submission on the gallery section of the Giveaway Website or Nestlé NESQUIK’S Social Channels, Nestlé may use Participant’s first name and last initial alongside the Submission online and offline.
10. Data Protection
11. Reservation of Rights by Nestlé
Nestlé reserves the right to cancel, terminate or modify the Giveaway for any reason or no reason. Participants are not entitled to any claims due to cancellation, termination or modification of the Giveaway.
In the event of any Participant attempting to deliberately damage the website or tamper or undermine the legitimate operation of the Giveaway, Nestlé reserves the right to seek remedies and damages from any such Participant to the extent permitted by law.
By participating in the Giveaway, Participants agree to release, defend, indemnify and hold harmless Nestlé, its parents, subsidiaries, affiliates, officers, directors, employees from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising out of or in connection with the (i) the Submission; (ii) breach of any of Participant’s warranties made hereunder; or (iii) the Giveaway, including without limitation participation in any Giveaway-related activity, and/or possession, acceptance, use or misuse of the canister and for any claims based on publicity rights, copyright infringement, defamation or invasion of privacy.
ii. Invalidity of Provisions
Should any clause within these Giveaway Rules be declared totally or partially null, ineffective or unlawful, such nullity, ineffectiveness or unlawfulness will only affect the specific clause in question, or relevant part thereof. Any other provision in these Giveaway rules shall remain as it is, and the specific provision or part thereof will be considered non-existent, unless it is an essential part of these Giveaway Rules and would affect them as a whole.
iii. Jurisdiction and Dispute Resolution
All issues and questions concerning the construction, validity, interpretation and enforceability of these Giveaway Rules, Participants’ rights and obligations, or the rights and obligations of Nestlé in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Delaware, USA, without giving effect to any choice of law or conflict of law rules (whether of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware or the United States. In case of any dispute in connection with the Giveaway Rules and this Giveaway, the parties shall make a good faith attempt to resolve their dispute through direct negotiation and to settle the dispute.
Nestlé USA, Inc., 800 N. Brand Blvd., Glendale, CA 91203.
This Giveaway is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. By participating, you hereby release and hold harmless Twitter and Instagram from any and all liability associated with this promotion.
Thank you for submitting your heroic Avengers pose! You can expect to receive a custom Nesquik canister in 3-4 weeks. While you wait, check out our gallery at http://bit.ly/1NguWoh. And when your canister arrives, be sure to share it with your friends using #LikeASuperHero. If you have any questions or concerns, please visit Nesquik.com/contact-us.