CONTEST IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 OR OLDER, AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.

TO ENTER: Log on to www.nestlefamily.com/holiday between 5:00 p.m. ET on 12/2/09 through 6:00 p.m. ET on 1/4/10 (“Contest Period”) and follow the on-screen instructions to register and submit original photos and written caption (50 words or less) that demonstrate fall/winter holiday-time family moments relevant to one of the following five (5) theme categories (each a “Theme” and collectively “Themes”):

Together, both the photo and caption will be considered an “Entry”. All Entrants must have a valid e-mail address. In case of dispute as to the identity of a winner who enters, 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. Limit: One (1) Entry per Theme, per person, per e-mail address during the Contest Period. 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 6:00 p.m. ET on 1/4/10.

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

• Each Entry must be original, unpublished, the sole property of submitter and not previously submitted in any other contest.
• Entry must not include stock photography.
• Entry must not incorporate/display any non Nestle third-party brands or trademarks.
• Entry must not violate any third-party rights, including copyright and right of publicity.
• At the judges' discretion, Entries including unsuitable content or that are in violation of third-party rights (including, but not limited to, copyrights) will be immediately disqualified.
• All Entries must be submitted in English.
• Photos must be in JPEG (.jpg) format and may not exceed a file size larger than 3 MB.
• Photos may be submitted in color or black & white
• By submitting an Entry you agree Nestlé has the unrestricted right to use your Entry, commercially or non-commercially, including the right to publish and display photos/captions for advertising and publicity, all without additional review or compensation.
• All Entries become the property of Nestlé, and may be used without compensation. Please read our Terms and Conditions.
• You must have written permission from any identifiable person who appears in the photo portion of your Entry to use his/her likeness. If any person in your photo is younger than 18, you must have written permission from minor's parent or legal guardian or, if you are the parent or legal guardian, you must consent to his/her appearance in the photo portion of the Entry. Proof of written permission must be made to Sponsor immediately upon request, using Sponsor’s form.

JUDGING: Judges will select nine (9) Finalists for each of the five (5) Themes (up to 45 Finalists total) from all eligible entries received on or about 1/13/10. Entries will be judged based on the following criteria:

In the event there are not enough eligible Entries received to select 9 Finalists from each Theme, the judges will select as many Finalists available based on the judging criteria above. In the event not enough qualified Entries are received for any theme, Sponsor need not award more prizes than qualified entries received. In the event of a tie the Entry with the highest score in “Relevance to Theme” will be declared a Finalist. Finalists will be notified via email on or about 1/17/10. Finalist Prize: Forty Five (45) winners will receive a $50 gift card. Use of gift cards are subject to applicable policies, terms and conditions imposed by the issuer and federal and state laws. Restrictions may apply, see gift card for details. See prize section below for further details.

CONSUMER VOTING: Finalists Entries will be featured on www.nestlefamily.com/holiday between 12:01 p.m. ET on 1/18/10 and 11:59 a.m. ET on 1/25/10 (the “Voting Period”) during which time consumers may vote for their favorite Finalists Entry, based on the judging criteria above. Limit one (1) vote per Theme, per person, per email address, per day. A“Day” will be considered as the twenty-four (24) hour period beginning 12:01 p.m. ET and ending 11:59 a.m. ET during the Voting Period.

The Entry in each Theme that receives the most votes by 11:59 a.m. ET on 1/25/10 will be also deemed the Grand Prize Winner for that Theme, subject to verification and meeting eligibility requirements. Potential Grand Prize Winners will be notified via email on or about 1/26/10. Voting through the use of automated processes or scripts will result in discarding all such votes from such person and the system. In the event of a tie, judges will determine the Grand Prize Winner based on the original judging criteria.

GRAND PRIZE: FIVE (5) GRAND PRIZE Winners (1 per Theme) will receive a $500.00 Visa gift card. Use of gift cards are subject to applicable policies, terms and conditions imposed by the issuer and federal and state laws.

General prize information: Odds of winning depend upon the number of eligible entries received. No cash substitutions for any prize will be permitted and prizes are nonrefundable and nontransferable, except at sole discretion of Sponsor. In the event not enough qualified Entries are received, Sponsor need not award more prizes than the qualified Entries received. Sponsor reserves the right to substitute any prize of equal or greater value. Federal, state and local taxes are the sole responsibility of winners. Sponsor will report value of prizes as required by law. Unclaimed prizes will not be awarded. Total ARV for all prizes is $4,750.00

WINNERS: Grand Prize winners may be required to sign a Winner’s Agreement and Release and return it by date specified in notification letter or prize will be forfeited in its entirety and another winner may be determined based upon the Entry with the next highest number of votes in that Theme category. Further, Grand Prize winners may be required to provide Sponsor with a signed release form from any other party featured in or who otherwise contributed to the photo entry. Failure to comply may result in disqualification of the prizewinner and forfeiting of any prize won, at the sole discretion of Sponsor. Sponsor may request that Winner provide a statement about their experience as a winner in the contest.

ELIGIBILITY: Contest open to legal residents of the 50 US & DC, 18 years of age or older, except employees and the families of Nestlé USA Inc., their affiliates, subsidiaries and agencies. Nestlé USA Inc., and its affiliated companies, representatives, agents or employees are not responsible for, and shall be indemnified by the prizewinner against, any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession or loss of the prize. Void where prohibited or restricted by law. Subject to all federal, state and local laws.

GENERAL: By entering the Contest, Entrants accept and agree to these rules and the decision of the judges, which shall be final. By submitting an Entry, Entrants agree to allow use of their name and Entry for advertising this or similar promotions (including Internet postings) without compensation unless prohibited. Entries will not be returned.

OTHER CONDITIONS: Sponsor assumes no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures of any kinds, delayed computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right in its sole discretion to cancel or suspend this Contest in its entirety or in part should virus, bug, tampering, unauthorized intervention, fraud, technical failures or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. Sponsor is not responsible for incorrect or inaccurate Entry information, whether caused by Internet users or by any of the equipment or programming associated with or used in the Contest, or by technical or human errors, which may occur in the processing of the Entries in the Contest. Sponsor reserves the right to withdraw the transmission of this Contest at any time and award Prizes from among eligible Entries received prior to the date of the withdrawal. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of Contest or Web site or to be acting in violation of the Official Rules.

WINNERS LIST: For a list of the winners go to nestlefamily.com on or about 3/2/10. Sponsored by NESTLÉ USA, 800 North Brand Blvd. Glendale, CA 91203.

NESTLÉ® is a registered trademark of Société des Produits Nestlé S.A., Vevey, Switzerland.