YOUR SUCCESS, YOUR WAY CONTEST
Official Rules

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

BY SUBMITTING AN ENTRY IN THIS CONTEST, THE ENTRANT HEREBY ACKNOWLEDGES AND AGREES THAT THE ENTRY MAY APPEAR ON SPONSOR’S WEBSITE AND SOCIAL MEDIA PAGES.

BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.

  1. Eligibility: The Nestlé Your Success, Your Way Contest (the "Contest") is open only to legal residents of the 50 United States and District of Columbia 18 years or older (or 19 years or older for residents of AL & NE). Void where prohibited by law. No purchase necessary to enter the Contest. Employees of Nestlé USA, Inc., 1812 N. Moore St, Arlington, VA 22209 (the "Sponsor"), Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318 ("Administrator”), (collectively with Sponsor and Administrator, the "Released Parties”), and any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step- parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  2. Contest Periods: The Contest consists of the following two (2) time periods and deadlines:
    1. The entry period begins on April 30, 2024 at 12:00:00 AM Central Time (“ET”) and ends June 15, 2024 at 11:59:59 PM ET (the “Contest Entry Period”).
    2. The judging period will begin on June 17, 2024 (“Judging Period”) and end on June 19, 2024 at 11:59:59 PM ET.

    • How to Enter. To enter the Contest, eligible entrants can visit https://www.yoursuccesscontest.com (“Website”) during the Contest Entry Period (defined in Official Rule #2(a) above). Once on the Website, find, complete and submit the online entry form, including providing an essay about the goal you are set on achieving (up to 2000 words) (“Essay”). The entry form and Essay will collectively be referred to as a “Submission.” All Submissions must be received by 11:59:59 PM ET on June 15, 2024, to be eligible for the Contest. Sponsor is not responsible for any technical issue relating to the entry form, including any issues with uploading the entry form or Essay. Limit one (1) Submission per person during the entire Contest Entry Period.
  3. Requirements: Essay Entrants agree to and understand that the Essay, or portions thereof, may be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not Essay is published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Essay entries.
    1. The Essay must not have been submitted previously in any Contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
    2. The Essay must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Essay must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Essay infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Released Parties and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party's preexisting work does not qualify as entrant's original creation.
    3. By uploading the Essay, the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Essay and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Essay through any media available at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or un- related to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, entrant warrants that any so called "moral rights" in the Essay have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Photo and Story or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Essay or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Released Parties, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant's heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Photo entry and any portion thereof, or the likeness of any natural person therein.

      Failure of any Essay to comply with the above "Essay Requirements," as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Essay entries shall become the exclusive property of Sponsor and will not be returned. Essay entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
  4. Submission content Restrictions:
    1. The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights.
    2. The Submission must not disparage the Released Entities or any other person or party.
    3. The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous.
    4. The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
    5. The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States.
  5. Judging Criteria/Winner Selection: During the Judging Period, all eligible Submissions received during the Contest Entry Period will be judged by Administrator using the following judging criteria and percentages: (a) appropriateness and adherence to the theme (50%); (b) personality reflected in the Essay (20%); (c) clarity of the writing (20%); and (d) creativity (10%) (collectively, the “Judging Criteria”). The top three (3) highest scoring Submissions using the preceding Judging Criteria will be deemed the Grand Prize winners, and the next fifty (50) highest scoring Submissions will be deemed First Prize winners. In the event of a tie, the Submission with the highest score in the appropriateness and adherence to the theme criteria will be deemed the winning Submission from among all tying Submissions. Sponsor reserves the right to select fewer than fifty (50) First Prize winners in the event that there are not a sufficient amount of entries received during the Contest Entry Period. Each potential winner will receive a winner notification email, sent to the email address provided in the entry form, and must respond to the winner notification email within 48 hours of receipt. In the event the potential winner fails to respond to the winner notification within 48 hours, that person forfeits the right to their prize (at Sponsor’s sole discretion) and an alternate winner may be selected, at Sponsor’s sole discretion. Sponsor is not responsible for any winner notification that is not received by potential winner for any reason, including but not limited to emails that go into a Junk or SPAM folder or go unread or undeliverable.
  6. Prizes and Approximate Retail Values (“ARVs”) – Three (3) Grand Prize – A $5,000.00 cash prize. ARV: $5,000.00 each. Fifty (50) First Prizes – A $100.00 Visa Gift Card. ARV: $100.00 each. Gift cards are subject to the terms, conditions and restrictions printed on the card. The total ARV of all Prizes is $20,000.00. Prizes are non-transferrable, and not substitutable and not redeemable for cash. Sponsor may substitute a prize, or portion thereof, for one of equal or greater value at Sponsor’s sole discretion for any reason. Winners are solely responsible for all local, state and federal taxes associated with the Prizes. The Prize Winners may be required to sign an Affidavit of Eligibility, and/or liability and/or publicity release (“Prize Release”) prior to issuance of a prize, including a W9 tax form. A 1099 form may be submitted to all appropriate taxing authorities. The winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules.
  7. Claiming the Prize: In order to collect the Prizes, the potential Prize winners will be required to verify their email and mailing address to Sponsor (no PO Boxes),and provide the Prize Releases and W9 (if applicable) to Sponson, within ten (10) business days of being notified they are a winner. Upon receipt of the Prize Release and W9 (if applicable), Sponsor or Administrator will mail the Prize to winner, or make arrangements with the winner to receive their prize. In the event the potential winner fails to verify their address or any required documents within the timeframe provided by Sponsor, they will forfeit their right to the Prize. Sponsor is not responsible for lost, late, delayed, damaged, stolen, returned, technical glitches or mutilated mailing or emailing of any prize. All unclaimed or returned prizes remain the of Sponsor.
  8. Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's participation in this Contest, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Contest and/or entrant's acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state) without any additional compensation.
  9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made pandemic or epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest 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. Only the type and quantity of prize described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  10. Limitations of Liability: The Released Parties as set forth above are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the participation process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of phone calls; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any Prize.
  11. Privacy Policies and Data Collections: Information provided by you for this Contest on the entry form, including is subject to Administrator’s Privacy Policy: http://www.brandmovers.com/legal/privacy; or Sponsor’s privacy policy: https://www.nestleusa.com/privacy as applicable. By entering this Contest, each entrant (or their parent/legal guardian if entrant is a minor in the state of their residence) agrees that the Sponsor and/or Administrator has the right to contact the entrant by phone, direct message, or email accounts provided on the Entry Form to administer and fulfill this Contest.
  12. Disputes/Governing Law: Entrants agree that: (i) any and all disputes, claims and causes otherwise precluded by any other provision of these Official Rules, that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Arlington County, VA; (iii) any and all claims, judgments, and awards shall be limited to actual out-of- pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.
  13. Contest Winners: For the Contest Winners’ names (available after June 20, 2024), send a hand-printed, self-addressed, stamped envelope to: Winners List, Nestle The Your Success, Your Way Contest Winners, Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.
  14. Official Rules: For a copy of these Official Rules see the Website during the Contest Period or send a hand- printed, self-addressed, stamped envelope to: Official Rules – Nestle The Your Success, Your Way Contest Rules, Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.
  15. Sponsor: Nestlé USA, Inc., 1812 N. Moore St, Arlington, VA 22209
    Administrator: Brandmovers, Inc., 1519 Carroll Drive, Atlanta, GA 30318.

ABBREVIATED RULES

  • NO PURCHASE NECESSARY. The Nestle The Your Success, Your Way Contest is open to legal residents of the 50 US and DC, 18 and older (19 and older if resident of AL & NE). Enter between 4/30/24 at 12:00:00 AM ET and 6/15/24 at 11:59:59 PM ET. Subject to official rules at https://www.yoursuccesscontest.com. Void where prohibited, restricted, or taxed by law. Sponsor: Nestlé USA, Inc., 1812 N. Moore St, Arlington, VA 22209.

SOCIAL ABBREVIATED RULES

  • NO PURCHASE NEC. Open in 50 U.S. & D.C., 18+ (or 19+ for AL & NE). Begins at 12:00:00 AM ET on 4/30/2024 and ends at 11:59:59 PM ET on 6/15/2024. See rules at https://www.yoursuccesscontest.com