NESTLÉ NIDO® 10 SIGNS OF GOOD NUTRITION PHOTO CONTEST - OFFICIAL RULES

CONTEST IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 OR OLDER WHO ARE THE PARENTS/LEGAL GUARDIANS OF AT LEAST 1 CHILD 1 YEAR OLD OR OLDER AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF ONE OF THE 50 STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA WHO IS A PARENT/LEGAL GUARDIAN OF AT LEAST 1 CHILD 1 YEAR OLD OR OLDER.

TO ENTER: Log on to www.nestlenido.com/photo-contest between 12:01 a.m. ET on 7/29/11 through 11:59 p.m. ET on 9/26/11 ("Contest Period") and follow the on-screen instructions to register and submit an original photo of your child (or one of your children) 1 year old or older that was taken within the last six (6) months and demonstrates one of the following NIDO "Ten (10) Signs of Good Nutrition" ("Sign"):

1. Adequate height and weight
2. Strong bones
3. Healthy skin
4. Good vision
5. Muscle Development
6. Healthy Teeth
7. Shiny Hair
8. Strong and healthy fingernails
9. Good night's sleep
10. Being alert and active

Together, both the photo and completed entry form will be considered an "Entry". All (online) Entrants must have a valid e-mail address. In case of dispute as to the identity of an online winner, the Entry will be declared made by the registered user (meeting eligibility criteria) of the e-mail account and, if a prize is won, it will be awarded to that registered user. For the avoidance of doubt, a parent may submit ten (10) Entries, one (1) per Sign, for each of his/her children. For example, if a parent has three (3) children, he/she can submit a maximum of thirty (30) entries. Each Entry must be unique, meet the requirements in these Rules and be submitted separately or they may be disqualified. Contest ends and Entries must be received by 11:59 p.m. ET on 9/26/11.

You may also enter by submitting a photo and legibly printing your name, address (no P.O. Boxes), e-mail address (if any), daytime and evening telephone numbers, your child’s first name and last initial, your date of birth and one of the Ten (10) Signs of Good Nutrition listed above that the photo best represents on a 3" x 5" card and mail to: NESTLÉ NIDO® 10 Signs of Good Nutrition Contest, P.O. Box 637, Basking Ridge, NJ 07920. Receipt of mail-in entries will not be acknowledged. One (1) mail-in entry per outer mailing envelope. All mail-in entries must be postmarked by September 26, 2011 and received by October 3, 2011. Facsimiles or mechanical reproductions of mail-in entries will not be accepted. Any attempt to defraud or misrepresent the age, name, or address by an entrant may be prosecuted to the fullest extent permitted by law. Sponsor assumes no responsibility for lost, late, damaged, misdirected, illegible, incomplete, incorrect or postage-due mail-in entries, all of which are void. If submitting entry via mail, it is entrant’s sole responsibility to package photo so that it is not damaged in transit.

Proof of submitting Entries will not be proof of receipt by Sponsor. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his/her email address or phone number prior to the selection of Winners. Photos become the property of the Sponsor and will not be returned.

Limit: Ten (10) Entries per child during the Contest Period and only one (1) Entry per Sign per child during the Contest Period.

Each Entry must meet all of the following requirements or it will be disqualified:

• Participant must be the parent or legal guardian of the child featured in the photo.
• Photo may not contain, as determined by the Sponsor, in its sole discretion, any content that:
  • Includes any individual other than the Participant's child
  • Includes more than one child
  • Includes any child that is not appropriately dressed
  • Includes stock photography
  • Is not the submitter's original photo or is not the sole property of the submitter
  • Has previously been submitted in another contest
  • Appears to duplicate or copy any other submission (i.e., do NOT enter the same photo twice.)
  • Contains any personal identification such as license plate numbers, personal names, e-mail addresses or street addresses of entrant, his/her child or any third party.
  • Violates any third party rights, including but not limited to, copyright, trademark, and rights of privacy/publicity. This means that the Photo should not contain, among other things: (i) copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media); (ii) any identifiable names or markings of any third-party (e.g., logos or trademarks on clothing); or (iii) materials embodying the names, likeness, or other indicia identifying any person, including, without limitation, celebrities and/or other public figures, living or dead (with the sole exception of the participant's child)
  • Is inappropriate, offensive or obscene, as determined by Sponsor in its sole discretion
  • Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate, as determined by Sponsor in its sole discretion; and/or
  • Violates any law
• Photos including unsuitable content or that are in violation of third-party rights (including, but not limited to, copyrights) will be immediately disqualified.
• If submitted online, Photos can be in JPEG, GIF or PNG (.JPG, .GIF, .PNG) formats and although there are no size restrictions, the final Photo will be confined to a 2"x2" square (800x800 pixels); if submitted by mail, photo must not exceed (5") x (7").
• Photos may be submitted in color or black & white
• By submitting a Photo you agree Nestlé has the unrestricted right to use your Photo, along with your and/or your child's first name, last initial, city, and state, commercially or non-commercially, including the right to publish and display Photo for advertising and publicity, all without notice or compensation, nor will Nestlé have any liability in conjunction with such publishing/display of Photo. You also agree that, should Nestlé decide to publish/display that Photo you submitted, such publication/display is for entertainment purposes only and in no way affects or impacts the judging and winner selection process for the Contest.
• All Entries become the property of Nestlé, and may be used without notice or compensation. Entries submitted online are governed by the Terms and Conditions of website.

SELECTION OF THE FINALISTS/DETERMINATION OF PRIZE WINNERS:

PRIZES/APPROXIMATE RETAIL VALUES ("ARV"):

One (1) Grand Prize: A $2,500 Gift Card, a one (1) year supply of NIDO® FORTIFICADA (to be awarded via 15 coupons each redeemable for (1) 3.52 lb. can of NIDO product) (ARV: $225.75), and a photo album (ARV: $5.00). Total Grand Prize ARV: $2,730.75.

Five (5) First Prizes: A $250 Gift Card, a one (1) year supply of NIDO® FORTIFICADA (to be awarded via 15 coupons each redeemable for (1) 3.52 lb. can of NIDO product) (ARV: $225.75), and a photo album (ARV: $5.00). Total First Prize ARV: $480.75. Total ARV of all First Prizes: $2,403.75

Twenty (20) Second Prizes: a one (1) year supply of NIDO® FORTIFICADA (to be awarded via 15 coupons each redeemable for (1) 3.52 lb. can of NIDO product) (ARV: $225.75), and a photo album (ARV: $5.00). Total Second Prize ARV: $230.75. Total ARV of all Second Prizes: $4,615.00

Total ARV of all Prizes: $9,749.50

GENERAL PRIZE CONDITIONS: All expenses not specifically stated herein are the sole responsibility of winners. Gift card prize element is subject to terms and conditions of use, as indicated thereon and issuer is to be determined by Sponsor in its sole discretion. In the event the full amount of the gift card is not used, winner will not receive any credit/change for any unused amount (except if otherwise required by applicable law). No cash substitutions for prize will be permitted (except, with respect to gift card, where such cash substitution is required by law) and prize is nonrefundable and nontransferable, except at sole discretion of Sponsor. Sponsor reserves the right to substitute any prize/prize component for one of equal or greater value. Coupon component of prize is subject to terms/conditions indicated thereon, including, but not limited to, expiration date. All potential prize winners are subject to verification of eligibility and compliance with these Official Rules. Federal, state and local taxes (if any) are the sole responsibility of the winners. Grand Prize winner will be issued a 1099 Tax Form for the total value of the Grand Prize. Limit one prize per /family/household/address. All prizes are awarded as is. Sponsor makes no representations or warranties with regard to any prize component (excluding only Sponsor's product).

WINNER NOTIFICATION: Those persons initially selected as potential winners will be notified via e-mail or mail on or after 10/31/2011. For the avoidance of doubt, only potential winners who submitted Entry by mail and did not supply an e-mail address will be notified via mail. Grand Prize winner will, and First Prize winners may, at Sponsor's sole discretion, be required to sign a Winner's Agreement and Release, which shall be returned by the date specified within such documentation, or prize will be forfeited in its entirety and another potential winner may be selected. By accepting a prize, each winner agrees to allow use of his/her and/or his/her child's first name, last initial, city, state, likeness and/or biographical information for promotional purposes without additional notice or compensation, in any and all media (including the Sponsor's Web site), except where prohibited. Prizes will be sent by mail. Please allow 10–12 weeks after the end of the Contest Period for delivery of prizes.

If a potential winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize notification is returned as undeliverable, potential winner will be disqualified and an alternate potential winner may be selected at Sponsor's sole discretion. By entering the Contest, entrants accept and agree to these rules and the decision of the judges (Nestlé's administrative agencies), which shall be final.

ELIGIBILITY: Contest is open to legal residents of the 50 United States and D.C., 18 years of age or older who are the parents/legal guardians of at least one child between the age of 1 year old or older, except employees and the families (parents, children, siblings, spouses) of Nestlé USA, Inc., and its respective shareholders, parents, directors, officers, affiliates, representatives, agents, promotion agencies, successors and each of their affiliates, subsidiaries and agencies. Nestlé USA, Inc., and their respective affiliated companies, representatives, agents, promotion agencies, or employees are not responsible for, and shall be indemnified by the prize winner against, any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession or loss of the prize(s), or his/her participation in this Contest. Void in Puerto Rico and where prohibited or restricted by law.

OTHER CONDITIONS: Sponsor and its agencies are not responsible for Entries or other documentation received after the deadline, incomplete information, incomplete transmission defaults or faulty network connections, telephone, computer server/system/software failure of any kind, human, error, and/or delayed, garbled or corrupted data. Any attempts by an individual to access the Contest or Web site via a bot script or other brute-force attack will result in that IP address becoming ineligible. Sponsor reserves the right to suspend/terminate (in whole or part) this Contest and notice will be posted on website if, in Sponsor's sole discretion, the Contest becomes infected, corrupted or the administration, security, fairness, integrity or proper play of the Contest is compromised. In such event, Sponsor/judges will select the winners by a means selected by Sponsor in its sole discretion to be fair, appropriate and consistent with the spirit of these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it (or the judges) find(s) to be tampering with the entry process or the operation of the Contest or Web site, to be acting in violation of the Official Rules or any laws, or to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, misappropriation, infringement or any other unfair playing practices/poor sportsmanship, or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Sponsor shall have no liability for and any Entry or winner notification will be automatically void if it is determined to be a mass entry or electronically reproduced, forged, altered or tampered with in any way, or if it contains programming, typographical or other errors, or if it is obtained outside authorized channels. Sponsor reserves the right to terminate/cancel the Contest as a result of any printing errors. By entering this Contest, you agree to be bound by these Rules and the decisions of the Sponsor/judges. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

DISPUTE RESOLUTION/CHOICE OF LAW: By participating, entrants agree that: (i) any claim, dispute or cause of action regarding the Contest or these Official Rules shall be brought individually (NOT AS PART OF A CLASS ACTION) in California State Court in Los Angeles County, California or in Federal Court in the U.S. District Court for the Central District of California; (ii) they consent to the personal and subject matter jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim/dispute/cause of action; (iii) their recovery will be limited to actual out-of-pocket costs involved in participating in the Contest (if any) and they expressly waive their right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys' fees for bringing such claim/dispute/cause of action; and (iv) the court shall apply the law of the State of California in adjudicating any such claim/dispute/cause of action, except for the choice of law/conflict of law rules of California (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than California).

WINNER'S LIST: For the First Name, Last Initial, City, State of the winners (i.e., parent entrant only), go to www.nestlenido.com/photo-contest after 12/31/11.

Unless otherwise noted, all trademarks are owned by Société des Produits Nestlé S.A., Vevey, Switzerland.