Nespresso "Out With The Old" Giveaway

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, 18 OR OVER.

SWEEPSTAKES PERIOD: Nespresso #WhatElse Giveaway (the "Sweepstakes") begins January 15, 2013 at 12:00 a.m. Eastern Time ("ET") and ends February 3, 2013 at 11:59 p.m. ET (the "Sweepstakes Period"). The Sweepstakes consists of three (3) separate and individual sweepstakes, with the entry periods for each individual sweepstakes set forth in the chart below.

ELIGIBILITY: Open to legal residents of the 50 United States & District of Columbia., 18 or older as of date of entry. Employees of Nestlé USA (the "Sponsor"), Don Jagoda Associates, Inc., their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (collectively the "Sponsor and its Administrators"), and its affiliates and each of their respective employees, shareholders, directors, officers, members, assigns and agents and their immediate family members and/or those living in the same household of each are not eligible to participate or win.

HOW TO ENTER: To participate, during the Sweepstakes Period, become a follower of @NespressoUSA at http://twitter.com/NespressoUSA and respond to the Tweet by @Nespresso stating how you plan to upgrade your coffee experience in the New Year with the hashtag #WhatElse to receive one (1) Entry into that week's individual Sweepstakes Entry Period (the "Entry"). Entries will not carry forward into any subsequent individual Sweepstakes drawings. Entries must be in the form of "tweets", and must be 140 characters or less, including hashtag. Limit one (1) Entry per person per individual Sweepstakes Entry Period for a maximum of three (3) Entries per person throughout the entire Sweepstakes Period. Multiple entries received from any person for a particular individual Sweepstakes Entry Period will be void. For each individual Sweepstakes Entry Period, all Entries must be received by the end date specified below for each individual Sweepstakes Entry Period.

Entry Period Start Time End Time
1/15/13- 1/20/13 12:00 a.m. ET 11:59 p.m. ET
1/21/13- 1/27/13 12:00 a.m. ET 11:59 p.m. ET
1/28/13- 2/3/13 12:00 a.m. ET 11:59 p.m. ET

If you choose to tweet using your mobile phone, standard text messaging fees for text messages sent and received may apply. See your wireless provider for pricing plan details. May not be available on all carriers. Entries generated by script, macro or other automated means or practices and Entries by any means which subvert the entry process are void. A Twitter account is required to enter and can be opened for free at http://twitter.com. All Entries become the sole property of the Sponsor and will not be returned. By entering you agree to Sponsor's use of your Tweet, Twitter icon and Tweet handle for promotional purposes without further notice or compensation. Winners' names, likenesses, Tweets, Twitter icons and Tweet handles may be used for promotional purposes without additional notice or compensation unless prohibited by law. Any Entry deemed inappropriate, in Sponsor's sole discretion will be disqualified. Any Entry or portion thereof that is, in the Sponsor's sole discretion, obscene, profane, lewd, defamatory, references to sex, nudity, acts of violence or acts that may cause harm, contains any proper names, third party materials, or otherwise violates or infringes (or may infringe) any copyright, trademark, logo, mark that identifies a brand or other proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, sexual in nature, or is otherwise objectionable, will disqualify the entrant as determined in Sponsor's sole discretion. Entry must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion. All Entries must be in English. By submitting an Entry/tweet, you (your parent/legal guardian if you are a resident of a jurisdiction that deems you to be a minor) hereby grant the Sponsor, its affiliates, subsidiaries, assigns, licensees, and legal representatives the irrevocable, perpetual, worldwide right to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry/tweet (as such may be edited and modified by the Sponsor in its discretion) for editorial, commercial, promotional and all other purposes (including posting on any websites).

SWEEPSTAKES DRAWINGS: One (1) winner per Entry Period will be selected in separate random drawings from among all eligible Entries received for each corresponding Entry Period. Non-winning Entries from one drawing or Entry Period will not carry over to any subsequent drawings or Entry Periods. Odds of winning depend on the number of eligible Entries received for each Entry Period. The random drawings will be conducted by the Administrator, whose decisions are final on all matters relating to the Sweepstakes.

PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"): Prize (3 total, 1 per Entry Period): A Lattissima+ machine (ARV: $399.99 each). Color and style of the Lattissima+ machine shall be determined and awarded in the sole discretion of Sponsor. Winner is not able to choose their respective size or color preference or any other prize details. Limit one (1) prize per person and/or household and/or email address for the duration of the Sweepstakes Period. All prize details are at the sole discretion of the Sponsor. No substitution, transfer, or cash equivalent of prize is permitted, except by Sponsor, which reserves the right to substitute the prize with one of comparable or greater value, at its sole discretion. Prize is awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Any and all federal, state and local taxes on the prize, and any other costs, fees, and expenses associated with prize acceptance and use not explicitly stated herein as being awarded, are the sole responsibility of the winner. Total ARV for all prizes is $1,199.97.

WINNER NOTIFICATION: Potential winners will be notified via direct message ("DM") or @ reply to @NespressoUSA. The potential winner then must DM @NespressoUSA his/her full name, date of birth, complete mailing address and email address within 24 hours or prize will be forfeited and Sponsor will have no further obligation to such potential winner and an alternate potential will be selected. For purposes of these Official Rules, "receipt" of an Entry occurs when the @NespressoUSA timeline displays the Entry information resulting from entrant posting Twitter update.

GENERAL: By participating, each entrant (his/her parent/legal guardian in the event entrant is a resident of a jurisdiction that deems him/her to be a minor) agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless Sponsor and its Administrators, Weber Shandwick, Twitter and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, "Released Parties") from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant's participation in the Sweepstakes or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, photograph, image and/or likeness and tweet(s) for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.

In the event of a dispute regarding Entries and/or tweets received from multiple users having the same Twitter account, the authorized subscriber of the Twitter account at the time of Entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the Twitter account by Twitter. Released Parties not responsible for misdirected or undeliverable Twitter updates ("tweets") or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.

Released Parties are not responsible for late, lost, damaged, misdirected, incomplete, undeliverable, destroyed, garbled or stolen entries or tweets; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether typographical, human mechanical, electronic, computer, network, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the posting of questions, the processing of answers, Entries and/or tweets, the announcement of the prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Sponsor may disqualify anyone from participating in the Sweepstakes or winning a prize (and void all associated Entries/tweets) if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other entrant or Sponsor's representatives. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor reserves the right in its sole discretion to cancel or suspend any portion of the Sweepstakes for any reason, including should any cause corrupt the administration, security or proper play of the Sweepstakes and, in the event of termination, to determine the winners in random drawings from among all eligible tweets and/or Entries received per Entry Period up to such time of such action.

SPONSOR: The Sponsor of the Sweepstakes is Nespresso USA Inc., 101 Park Avenue 22nd Floor New York, NY 10178.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter. You understand that you are providing your information to Nestlé USA, Inc. and not to Twitter. The information you provide will only be used in the event you are selected as a Sweepstakes winner or if you have indicated that you would like to receive additional information from Nestlé USA, Inc.