Terms & Conditions

Nestlé® Baby & me

OFFICIAL TERMS AND CONDITIONS (the “Terms”)

Last Updated: December, 2021

This Program is intended for participation in Canada only and shall be governed by, interpreted and enforced according to the laws of Canada. By joining the Program and continuing as a Member, you acknowledge that Nestlé Canada Inc. (the “Sponsor”) assumes no contractual or legal responsibility to you.

1. PROGRAM: The Program is designed to provide information, advice, support and may, from time to time, provide special offers, giveaways and/or coupons, (each, an “Offer”) for eligible new and expecting parents (a “Member”). One of the Offers provided may be a welcome package, including information and coupons from the Sponsor and any applicable partners of the Sponsor (the “Welcome Package”). The Program may, from time to time, be restricted, suspended, cancelled, amended or otherwise altered without notice (except as may be required by applicable law) and in the sole discretion of the Sponsor. The membership does not entitle a Member to any vested rights and Member may not rely upon the continued availability of any Offer, including the Welcome Package, premium or other benefit. The Sponsor specifically reserves the right to amend, alter, withdraw or terminate any benefit or these Terms either with or without notice.

2. ELIGIBILITY: To be eligible to participate in the Program, a person must be a resident of Canada, have reached the age of majority in his/her province of residence, have a valid Canadian physical mailing address according to Canada Post at the time of mailing and be a new or expectant parent or primary guardian of a baby (a “Baby”). Limit of one (1) registration per household per Baby, regardless of the email address, telephone number, mailing address or other information provided in the registration form. Once a Member has reached this limit, any additional registrations will be void. Further, if any Member attempts to obtain more than one (1) registration, the Sponsor may, in its sole and absolute discretion, disqualify the entrant from the Program. Persons in any of the following categories are NOT eligible to participate in the Program: (a) any person who is already an active Member of the Program; (b) any person domiciled with any of the above and (c) any person who does not meet the eligibility criteria outlined above. No partnerships, corporations, trusts, associations or other entity of any kind may hold membership in the Program. Membership is solely for the benefit of the Member, therefore membership will be maintained in the name of the member and is not transferable in whole or in part. The Sponsor reserves the right to terminate any benefit of the Program or Member if the Member does not meet the eligibility requirements.

3. HOW TO PARTICIPATE: Registering for the Program is free. In order to participate in the Program, you can register online at www.nestlebaby.ca or www.bebenestle.ca (the “Website”). As part of the registration process, you must provide a valid mailing address in Canada and the date of birth or expected due date of your Baby. You can also register by contacting us at the Call Centre (https://contact.nestle.ca). From time to time, you may also be able to register through other online vehicles and partners of the Sponsor, including through Thyme Maternity locations across Canada or online at ThymeMaternity.com. You may register for the Program only once. The Sponsor reserves the right to change, modify, or amend the registration process for the Program.

4. THE OFFERS: Upon registration, you may begin to receive Offers by email and mail and you may be eligible to receive a Welcome Package by mail. The Offers will not be impacted by the number of Babies that each Member has or is expecting. Any Offers that are not redeemed by the applicable expiration date will not be replaced. If applicable, one (1) Welcome Package per Member will be delivered close to the expected due date of your Baby or after your Baby’s birth date provided you registered to the Program while your Baby was less than four (4) months old. Only one (1) Welcome Package per Member, regardless of the number of Babies. If applicable, the Welcome Package will be delivered to the mailing address provided at the time of registration, unless otherwise updated on the Website or with the Call Centre. The contents of the Welcome Package may vary depending on each individual member and will be tailored to each Member’s specific needs. The Sponsor reserves the right to amend, alter, withdraw or terminate Offers (in whole or in part), including the contents of the Welcome Package either with or without notice.

5. PARTNERS: From time to time, the Sponsor may work with other parties (an “Other Party) to provide Offers (an “Other Party Offer”). Any questions relating to Other Party Offers should be directed to the applicable Other Party. The Sponsor is not liable for any aspect of the Other Party Offers, including but not limited to any allegations that the Other Party Offers do not comply in all respects with all applicable federal, provincial and local laws, regulations, by-laws or ordinances, or that any of the Other Party Offers are defective, injurious or harmful, including any and all product liability claims.

6. RETURNS: The Sponsor is not responsible for Offers not received due to incomplete or inaccurate mailing addresses as entered on a Member’s profile or for resending Offers to Members who have moved and failed to update their mailing address on their profile online at the Website or with the Call Centre. Members must advise the Sponsor immediately of any changes to his/her status (including but not limited to change in residency status or contact information). Advising a third party of changes to status, regardless of whether the Member registered with a third party for participation in the Program, is not sufficient. If an Offer is sent to an undeliverable address or otherwise returned to the Sponsor, the Sponsor reserves the right to remove the Member from the Program.

7. TAXES: Members shall be responsible for any taxes, levies or other charges imposed by or with the authority of any government or governmental authority in respect to any Offers claimed.

CONDITIONS OF PARTICIPATION:

8. By participating in the Program, Members (i) acknowledge, understand and agree with these Terms including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor, made in its sole discretion, which shall be final and binding in all matters relating to the Program. Members who have not complied with these Terms are subject to disqualification from the Program.

9. Any Offers obtained through unauthorized or illegitimate sources/channels (including any Offers obtained by additional family members of the Baby or in excess of the limitation of one Member per household per Baby) will be void at the discretion of the Sponsor.

10. Offers as redeemed are considered to belong to the individual Member and cannot be sold, traded, exchanged or otherwise transferred. Any sale or exchange of an Offer in violation of these Terms will, at the discretion of the Sponsor, result in the loss of membership or the cancellation of the affected Offer.

11. As a condition of registering for and participating in the Program, Members agree: (a) to release Sponsor, its affiliates and respective officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Program and/or receiving any Offer, (b) that under no circumstances will Members be permitted to obtain awards for, and Member hereby waives all rights to claim punitive, incidental, consequential, or any other damages; (c) all causes of action arising out of or connected with the Program, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding legal fees and court costs.

12. Membership in the Program is individual and non-transferable.

PROGRAM OPERATION:

13. The Sponsor shall be under no obligation to continue the Program or to provide any notice of its termination.

14. The Sponsor reserves the right in its sole discretion to cancel, modify or suspend the Program and available Offers, including the Welcome Package, at any time without reason or penalty, including, without limitation, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper conduct or operation of the Program.

15. The Sponsor assumes no liability to a Member whatsoever, including without limitation, liability by reason of the termination of or amendment to Offers in whole or in part. Sponsor is not responsible for any problems that may arise, including but not limited to; (a) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Program or any Offer; or (b) damage to a user's system occasioned by participation in the Program or downloading any information necessary to participate in the Program. Sponsor does not warrant that access to the Program or the Website will be uninterrupted.

16. The Sponsor does not advise or condone that any individual or Member use any Offer obtained through any illegitimate or unauthorized means. Due to safety concerns, the Sponsor cannot guarantee the freshness, nutrition or safety of products obtained in this manner. Members should only use those Offers provided to them by the Sponsor.

DISCLOSURES:

17. Any attempt by a Member or other individual, to undermine the legitimate operation of the Program, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Any Member engaging in any of the foregoing activities may be disqualified and will forfeit all entitlement to any Offers.

18. In the event of any discrepancies between the English language version and the non-English language version of these Terms, the English version shall prevail.

19. The invalidity or unenforceability of any provision of these Terms 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 Terms 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. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Terms in any manner whatsoever.

20. Personal information collected from Members will be used by the Sponsor solely for the purpose of administering the Program. Sponsor will not sell, share or otherwise disclose personal information of Members with third parties or agents, other than to third parties or agents engaged by Sponsor to fulfill the above purposes or as permitted or required by the applicable laws. All Member information will be subject to the Sponsor’s privacy policy as amended from time to time in accordance with its terms (see https://www.madewithnestle.ca/privacy-policy).

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