Legal Items

Chicago Vending Machine

THE NEST VENDING MACHINE GIVEAWAY TERMS & CONDITIONS

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT INCREASE YOUR ODDS OF RECEIVING A NEST LEARNING THERMOSTAT. All applicable federal, state and local laws and regulations apply. By participating in The Nest Vending Machine Giveaway (the “Offer”), you agree to abide by these Terms & Conditions and agree to release Nest Labs, Inc. (the “Sponsor”), Twitter Inc., and their respective affiliated companies, and all other businesses involved in this Offer, as well as the employees, officers and directors and agents of each, from all claims and liability relating to your participation in the Offer. OFFER IS AVAILABLE BETWEEN 3:00 PM CENTRAL TIME (“CT”) AND 6:00 PM CT ON MONDAY, JUNE 27, 2016 AND BETWEEN 3:00 PM CT AND 6:00 PM CT ON TUESDAY, JUNE 28, 2016 (THE “OFFER PERIOD”) OR WHILE SUPPLIES LAST. QUANTITIES ARE LIMITED. ONLY THE FIRST 250 PARTICIPANTS EACH DAY WILL QUALIFY. MESSAGE & DATA RATES APPLY.

Eligibility: Offer is open to legal residents of the state of Illinois, who are at least age 18 or older. Void outside the state of Illinois and wherever else prohibited by law. Employees, officers, members, managers, and directors of the Sponsor, Twitter, Inc., and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouse, parent, child, sibling, grandparent, and “step” child, wherever they may live), are not eligible to participate. Information collected from participants is subject to Sponsor’s privacy policy, available at https://nest.com/privacy/.

How to participate: Participants must have a mobile device to participate. Message and data rates may apply. Participant’s wireless service provider may charge participant for data usage, and participant shall be responsible for any and all costs associated with participating in the Offer. Please consult your wireless service provider regarding their pricing plans.

  1. During the Offer Period, locate a participating Nest Vending Machine in Chicago, Illinois on June 27, 2016 or June 28, 2016 between the hours of 3pm and 6pm CST;

  2. Approach the Nest Vending Machine tablet display and click to agree to the Offer Terms & Conditions and Release;

  3. Follow the instructions to login to your public Twitter account using your personal mobile device and post a tweet that includes the unique hashtag(s) displayed on the Nest Vending Machine tablet display (the “Offer Post”), that says “I just got a free @Nest Learning Thermostat in Chicago. Save on yours at nest.com/Chicago. #doesntgetcooler (#uniquemachinegeneratedhashtag).”

If the participant succeeds in correctly tweeting the required unique hashtag(s), he/she will receive a Nest Learning Thermostat. Each Nest Thermostat has an approximate retail value (“ARV”) of $249. Total ARV of all giveaways: $124,500.

Participant’s Twitter settings must be public. Tweets from private Twitter accounts will not be eligible. The decisions of the Sponsor are final and binding on all matters relating to determine eligibility under the Offering, including eligibility of Offer Posts. By submitting an Offer Post, Entrants agree to Twitter’s Terms of Service, available at https://twitter.com/tos?lang=en. This Offer is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc. Multiple Participants are not permitted to share the same Twitter account.

Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed tweets/Offer Posts. No photocopied or mechanically reproduced, altered or incomplete submissions will be accepted.

The decisions of the Sponsor are final and binding on all matters relating to the Offer. All participants are subject to all notices posted. There is a limit of one (1) Offer Post per person and one (1) Nest Learning Thermostat under this Offer per person. Nest Learning Thermostat is not redeemable for cash and is not transferrable. Quantities are limited. Odds of receiving Nest Learning Thermostat will vary and depend on number and timing of participants.

Comments and content submitted via Twitter or other public sites in connection with this Offer (collectively, “Content Submissions”) may not contain, depict or show any content that: (i) is sexually explicit or suggestive, offensive, lewd, profane, obscene, or contains nudity or racist innuendo; (ii) promotes any activities that may appear unsafe or dangerous, or any political agenda or message; (iii) defames, misrepresents or contains disparaging remarks about Sponsor or other companies; (iv) contains trademarks, logos, or trade dress or copyrighted materials owned by others, without permission; (v) contains any personal identification for any person other than participant, or otherwise infringes on the privacy of any person other than an participant; (vi) communicates messages or images inconsistent with the positive image and good will of Sponsor’s brand; and/or (vii) violates any law. Any Content Submissions that contain, depict or show such content; that exceed any required file size or length limits imposed by the Sponsor or Twitter; and/or that violate these Content Submission requirements and/or these Terms & Conditions will be disqualified. The Sponsor reserves the right in its sole and unfettered discretion to disqualify any Content Submission that it believes is inappropriate or not suitable for publication, that does not comply with these Terms & Conditions, or that is not consistent with the spirit or theme of the Offer. If the Content Submission contains or refers to an identifiable person other than the participant who submitted the Content Submission, by submitting the Content Submission, the participant represents and warrants that he/she has obtained the consent of such person to the use of the Content Submission as outlined herein and such person may be required to provide written consent to the Sponsor to allow for its use of the Content Submission.

By participating, participants release the Sponsor, its affiliated companies, Twitter, Inc., and all other businesses involved in this Offer, as well as the employees, officers, directors and agents of each, from all claims and liability relating to their participation in the Offer, and the acceptance and use/misuse of the Nest Learning Thermostat. Participant assumes all liability for any injury or damage caused or claimed to be caused by participation in this Offer or acceptance/use/misuse of the Nest Learning Thermostat.

Sponsor is not responsible for any typographical or other error in the printing of the Offer. Offer Posts, materials, and data relating to this Offer that have been tampered with or altered, or mass Offer Posts or Offer Posts generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for lost, late, misdirected, damaged or illegible Offer Posts. The Sponsor is not responsible for errors, omissions, interruptions, deletions, defects, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of participation materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or any injury or damage to participant’s or any other person’s mobile device related to or resulting from participating in the Offer. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Terms & Conditions, including the suspicion of fraud or attempted fraud. Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Offer.

By participating, participants grant the Sponsor permission to use his/her name, hometown, photograph, image or likeness for future advertising and publicity purposes in any and all media without additional compensation, notification or permission.

By participating, participants grant to Sponsor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense his/her Content Submission, or any portion thereof (including without limitation names and likenesses of participants as shown and conveyed in the Content Submission), in connection with the Offer and for other advertising, marketing, and promotional purposes, and to incorporate Content Submission, in whole or in part, into other works in any manner, form, media or technology now known or later developed. Sponsor will have no obligation to publish or use or retain any Content Submission participants submit or to return any such Content Submission to participants. Participants agree that it is his/her sole responsibility to obtain all permissions and releases necessary for the grant of the rights contained in this paragraph. Participants agree to take, at Sponsor’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this paragraph. Participants will not be entitled to compensation for any use by Sponsor, or its agents, licensees or assignees, of his/her Content Submission.

Sponsor: Nest Labs, Inc., 3400 Hillview Avenue, Palo Alto, CA 94304.