Nestlé NESVITA Cereal Milk Drink
“BEAUTIFUL 10!” WRITING CONTEST

Mechanics:

1. Promotion period is from 01 August 2009 until 30 November 2009.
2. The contest is open to Filipino citizens at least 18 years of age and residing in the Philippines at the time of joining and winning.
3. To join, contestants must answer the question: “How does NESVITA Cereal Milk Drink make you feel beautiful?” through an essay with photo/s of himself/herself with NESVITA Cereal Milk Drink.
4. For the essay and photo(s) to qualify as an entry, the following minimum requirements must be met:
1. Essay must not exceed 100 words written in English and Filipino;
2. Essay must always be accompanied by photo (s) of the contestant with NESVITA Cereal Milk Drink;
3. The photo (s) must not exceed 2MB in file size;
4. The image of the contestant must be clear in the photo to be submitted;
5. Except for NESVITA Cereal Milk Drink, no other product is displayed or featured;
6. Should the photo include images of person/s other than the contestant, the photo must not include pregnant women, child/children below 3 years of age or health professional/s;
7. No infant formula or breast milk substitutes, including bottle-fed complementary foods, as well as teats and other commodities which intend to replace or substitute, in whole or in part, breast milk and breastfeeding is shown; and
8. No sip cup or milk-feeding bottle is featured.
5. To submit his/her essay and photo/s as an entry, the contestant must first register by logging on to www.adultwellness.com.ph website, read the full mechanics of the contest and agree to the same, and provide the following personal information in the Registration Form:
• Complete name
• Complete home address and home contact number(s)
• Complete office address and office contact number(s), if applicable
• Mobile number(s)
• Date of birth
• Civil Status
• If married, name, age and date of birth of child/children
• Valid e-mail address
• Whether she has read or has not read the full mechanics of the contest
• Whether she agrees or does not agree to abide by the terms and conditions set forth in the contest mechanics.
Failure to agree to abide by the terms and conditions set forth in the mechanics shall disqualify the contestant from joining the contest.


6. Only essays and photos that meet the foregoing requirements will be accepted as official entries in the contest. Nestlé Philippines, Inc. (NPI) reserves the right to determine if an entry qualifies or not.  NPI’s decision in this regard shall be final.
7. Deadline of submission of entries is on 30 November 2009.
8. Upon qualification of an entry, an e-mail notification that the entry has been received and that the same has been qualified will be sent to the contestant.
9. Once qualified, the contestant can no longer change or edit his/her entry. One submitted essay with photo(s) is considered one entry. A contestant may submit more than one entry but he/she can only win once.
10. For disqualified entries, an e-mail notification will be sent informing them of such disqualification and the basis thereof. Despite the disqualification, the registrant may still submit a new entry or a modified one provided that he/she submits the same before the deadline for submission of entries.
11. Employees of NPI, Publicis Manila (“Agency”) and Pivotal (“Website developer”) their affiliates, subsidiaries, successors or assigns and their relatives up to the fourth civil degree of consanguinity or affinity and/or members of their households (i.e., those sharing their home addresses) are disqualified from joining this contest.
12. In compliance with the provisions of Executive Order No. 51, otherwise known as “The Milk Code”, pregnant women, mothers with child/children below three (3) years of age, or health professionals, are disqualified to join and win in this contest.

1. All qualified entries will be screened by a select panel of judges. From all qualified entries, judges will select ten (10) clear, creative, unique and most compelling essays and photos based on the following criteria:
1. Story - 50 percent
• Is the question "How does NESVITA Cereal Milk Drink make you feel beautiful inside and out?" addressed and integrated into the story?
2. Creativity of the photo – 30 percent
• Photo – Does the photo use original ideas, illustrations, and conveys its own style and personality? Is NESVITA Cereal Milk Drink integrated into the photo?
3. Final Product - 20 percent
• Overall Impression
• Enjoyment Factor
2. The judges’ decision is final.
3. Judging will be done on 07 December 2009.
4. The contestants who submitted top ten (10) entries as selected by the judges shall undergo verification and validation.
5. By verification, NPI will reach the winner via telephone (landline or mobile) or email to verify whether he/she joined the contest. If he/she replied in the affirmative, NPI shall inform him/her that the entry he/she submitted is among the entries that the judges selected as among the top ten (10). If he/she replies in the negative, NPI shall move on to the next contestant whose entry was selected and repeat the same process until such time that NPI secures a positive response.
6. Upon verification that contestant submitted the winning entry, NPI shall proceed with the validation and:
1. Inquire if he/she owns the email address indicated in the registration form;
2. Inquire if he/she is the same person who submitted the entry;
3. For female contestants, inquire if she was not pregnant at the time she submitted her winning entry;
4. For female contestants with child/children, inquire if her child/children are at least three years at the time of her joining;
5. Inquire if he/she is living in the Philippines; and
6. Inquire if she is not an employee or related to any employees of NPI or Agency up to the fourth civil degree of consanguinity or affinity and/or members of their households (i.e., those sharing their home addresses).

If the contestant answers affirmatively to all the above-mentioned inquiries, he/she shall be declared a winner and receive notification of such winning via registered mail.        

If the contestant answers negatively to any of the foregoing inquiries, he/she shall be informed that while his/her entry had been among the entries that the judges selected as among the top ten (10) entries, he/she failed to qualify as a contestant.  This information, together with the reason for his/her disqualification, shall be reduced into writing and sent to the disqualified winner via registered mail. The decision of NPI on this regard is final.  

In the case of the winning but disqualified contestant, Agency shall verify and validate the next contestant whose entry was selected as among the top ten (10) entries.

7. The process of verification and validation shall be repeated until the Agency has verified and validated the Top Ten (10) winning entries. The verification and validation period will run from 8 December 2009 until 15 December 2009.
8. The duly verified and validated winning contestants shall be declared as the winners. They each shall win ten thousand pesos (PhP 10,000.00) and have a chance to be featured in the print advertisement and packaging material for NESVITA Cereal Milk Drink. Winners will be notified via email and registered mail. The declaration of the winners by NPI shall be final.
9. The names of the duly verified and validated winners as well as their corresponding winning entries shall be posted in www.adultwellness.com.ph website from 16 December until 30 January 2010.

30 November 2009, 11:59 PM. All entries received after this deadline will no longer be pre-screened for acceptability.

1. All winners must be able present the registered mail and at least two (2) valid identification documents (IDs) to NPI before they can claim their prize.
2. The winners will be awarded their cash prizes at an awarding ceremony on 16 December 2009 at NPI offices located at #31 Plaza Drive, Rockwell Center, Makati City.  Winners from outside of Metro Manila will be brought to NPI through the assistance of NPI.
3. For Metro Manila residents who are unable to claim their prize on 16 December 2009, they have within sixty (60) days from the announcement of the winners in the www.adultwellness.com website, or from 16 December 2009 until 30 January 2010 (“claim period”) to claim their prize from the Agency personally during business hours at its offices at 5/F Herco Center, 114 Benavidez Street, Legaspi Village, Makati City. The claimant must look for Irene Asuncion during business hours.  On the other hand, for winners outside of Metro Manila, the cash prize may be sent via courier service, provided, that a printed copy of the registered mail together with a clear photocopy of two valid identification documents (IDs) shall be faxed and sent via registered mail to NPI at fax numbers 8980089 and to NPI at #31 Plaza Drive, Rockwell Center, Makati City, attention to: Marivic Kinol within the claim period.
4. In case the registered mail cannot be presented by the winner, he/she may execute an affidavit of loss. He/she should submit this (personally, if Metro Manila based; fax a clear photocopy and send via registered mail if not Metro Manila based) together with any of the following documents:
1. Affidavit of at least two (2) disinterested persons attesting to his/her identity;
2. Certification of the barangay captain that the winner is a resident of that place;
3. Other identification papers like Office/School ID, SSS or GSIS number, Driver's license, passport etc.;

In this case, the prize can be released only to the winner after the lapse of the claim period.

5. Should the winning contestant fail to claim his/her cash prize after the lapse of the claim period, the same shall be forfeited in favor of NPI, upon approval by the BFAD.
6. All prizes are non-transferable.

1. By entering in the contest and submitting his/her entry/ies, the registrant/contestant confirms, agrees to and acknowledges that:
1. NPI is permitted to receive his/her registration data and that all personal information supplied by him/her will be used by NPI in accordance with its privacy policy;
2. He/she has the right to submit the entry/entries as such and holds NPI, its agencies and duly authorized representatives free and harmless from any claim by third parties for violation of privacy, violation of intellectual property rights and/or damage to reputation and other instances similar to the foregoing;
3. The entry he/she submitted, whether qualified or not, shall become the property of NPI in perpetuity and without limitation as to place, purpose, use and time.
4. He/she hereby assigns, and transfers unto NPI the entire worldwide intellectual property rights, title to and interest in his/her entry, including all copyright and economical rights over the same;
5. He/she hereby waives his/her moral rights over the entry as well as to all the future adaptations and modifications of the entry in favor of NPI;
6. NPI shall have the right to register the copyright to the entry anywhere in the world without further compensation to him/her and that he/she agrees to do all the things and execute all documents necessary to effectuate such copyright registration and/or enforcement;
7. As copyright owner, NPI shall have the right, without further compensation to him/her to: (a) to reproduce, distribute, adapt, modify, make available and/or communicate to the public, exhibit, or broadcast the entry he/she entered, including any adaptation and/or performance, by any process, means or media, including TV, radio, satellite, cable and the Internet, without restriction of any kind as to quantity or purpose, whether commercial or otherwise, or to any country or territory in the world, without restriction as to time and place; (b) to authorize any of the above activities; and (c) to exploit any of the above commercially, by reproducing it through any media or support currently known or to come, or selling or exhibiting it;
8. From the date of submission of the entry and until 16 December 2010, (the “Lockout Period”), he/she shall not enter into a similar contest using the essay or photo/s he/she used in his/her entry and which would require him/her to endorse or allow his/her name, picture or likeness, signature, footage, voice recording and the like, to be used as advertisement materials, in any manner, for any Competitive Product. For purposes of this Promo, Competitive Products shall refer to all milks (liquid and powdered, including chocolate and flavored milk drinks) and other beverages, whether powdered or liquid other than those produced, manufactured, sold, and distributed by NPI. Should the restriction be violated, the winner shall forfeit his/her prize immediately. NPI may likewise avail of other remedies provided under existing laws including but not limited to the filing of an action for damages and/or injunction. After the Lockout Period, he/she shall notify NPI, in writing, of any offer to engage his/her services for purposes of endorsing Competitive Products prior to the acceptance of such offer to allow NPI an opportunity to match said offer, waive its rights to engage his/her services, or discontinue the use of his/her entry;
9. NPI shall not be liable for any unauthorized use, reproduction and adaptations by third parties of any entry under this contest which are not caused by NPI. NPI shall likewise not be liable for any unauthorized posting, use, reproduction and adaptation of any entry to this contest in MMS messages, internet sites such as but not limited to “You Tube” and other similar media; and,
10. He/she shall hold NPI free and harmless from any and all claims, suits and actions for damages or liabilities that may be brought by other persons, natural or juridical, in connection with his/her participation in the contest or acceptance or use of any prize to the extent permitted by law.
2. NPI and Agency shall supervise, monitor and control all the activities on the www.adultwellness.com website. However, NPI assumes no responsibility for any incorrect, inaccurate or incomplete information on the website caused by any third party, i.e., website users, hackers, among others, or caused by any of the equipment or programming associated with or utilized in the contest. Further, NPI assumes no responsibility for technical, hardware or software failure of any kind, for lost network connections, garbled computer transmissions, and other problems or technical malfunctions in the conduct of this contest. Finally, NPI assumes no responsibility for any error, omission, corruption, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to or alteration of the entries in this contest.
3. NPI, its parents, affiliates, subsidiaries and related companies, its advertising or promotion agencies, or its officers, directors, employees, shareholders, representatives or agents shall not be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, special or punitive damages arising out of any contestant’s access to and use of the website. Without limiting the generality of the foregoing, everything on the website is provided “as is”, without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for purpose or use or non-infringement.
4. The occurrence of force majeure or any event beyond the control of NPI that will make it impossible for NPI to continue with the conduct of the contest, i.e. programs are not capable of running as planned, including infection by computer virus, bugs, tampering; unauthorized intervention; technical failures; technical malfunction of any telephone network or lines, computer on-line systems, servers, computer equipment and software; failure of any e-mail account to transmit message to NPI on account of technical problems, human error or traffic congestion on the internet or any website; injury or damage to the participant’s or any other person's computer due to or resulting from participating in the contest or downloading any materials from the www.adultwellness.com website; or any other causes which corrupt or affect administration, security, fairness, and integrity of selecting the winners in this contest, shall entitle NPI to cancel, discontinue or suspend this contest upon approval of BFAD.

Per DOH-BFAD Permit No. 1129 s. 2009