This Cadbury 5Star Valentine's Day Pack Activation (hereinafter referred to as "Campaign") is an initiative of Mondelez India Foods Private Limited having its registered office at Unit No 2001, 20th Floor, Tower-3 Wing-C, One International Center Parel, Mumbai- 400 013. Please read these terms and conditions ("T&Cs") before participating in this Campaign.
Participation in this Campaign is voluntary. You agree that, if you chose to participate in this Campaign, you will be bound by these T&Cs and you acknowledge that you satisfy all Campaign eligibility requirements as provided herein below.
Mondelez India Foods Private Limited has partnered with ADM group, Brand First LLP and Premier Sales Promotions Pvt Ltd. to operate and to deliver the Prizes for the Campaign (together hereinafter referred to as "Execution Partner").
For the purposes of these T&Cs, wherever the context so requires "You" or "Your" shall mean any natural person who is a participant in the Campaign and "We" or "Our" or "Mondelez" shall mean Mondelez India Foods Private Limited.
This Campaign is valid only on purchase of Rs.20 5 Star Escape Valentine's Day – Limited edition packs available in the market.
You need to fulfil the following eligibility criteria to participate in the Campaign:
i) You need to be a natural person;
ii) You should be an individual legal resident of the Republic of India;
iii) You should be of an age 18 years or above at the time of entry into the Campaign;
iv) You shall be legally competent to enter into binding contract under the applicable laws of India
All who fulfil the eligibility criteria to participate in the Campaign shall individually be considered and referred to as “Participant” and collectively “Participants” for the purpose of these T&Cs.
Our /Execution Partners employees, their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and our/their affiliates, advisors, advertising/ Campaign agencies are not eligible to participate or avail any benefits under the Campaign.
2. DETAILS OF THE CAMPAIGN AND HOW TO ENTER
1- Consumer can participate in the Cadbury 5Star Escape Valentine’s Day Consumer Promo by following the below instructions-
a- This Campaign will commence from 00:01 a.m. 1st February 2021 and end at 11:59 p.m. on 28th February 2021 ("Campaign Period"). Any entries before or after the Campaign Period will not be considered. We reserve our right to cancel/modify/extend the Campaign Period or the T&Cs applicable to this Campaign without giving any prior notice to You. No claims/questions shall be entertained in this regard.
b- In order to be eligible for the Campaign, during the Campaign Period, you must purchase Cadbury 5Star Rs.20 Escape Valentine’s Day – Limited edition packs. Participation in the Campaign is subject to availability of the product in the market during the Campaign Period. We or Campaign Partner shall not be held responsible for any circumstance leading to non-availability of the product in the market.
c- You must follow the following instructions to take part in the Campaign:
i- To Participate in the Campaign, the Participant at his/her sole discretion will have to buy the limited-edition Cadbury 5Star MRP Rs.20 Escape Valentine’s Day pack. The pack comes in three artworks with the following call outs on the front of the pack – Escape cheesy gifts, Escape Couple Selfies and Escape buying flowers. The pack is available PAN India
ii- To enter the Campaign, the Participant shall scan the QR code printed on the pack which will lead him/her to the https://donothingonvalentinesday.com site. The Participant shall enter the product batch code to enter the Campaign
iii- Post the entry of the product batch code, the Participants will win rewards which can either be in the form of i) an experience or ii) delivery of physical merchandize rewards (together hereinafter referred to as “Prizes”).
iv- If you are one of the Participants who has/ve bought the product and followed all other instructions as provided in these T&Cs, you will get through a computerized selection which will be carried out amongst other participants who have also fulfilled these T&Cs. All successful participants will be eligible to win Prizes which will be selected from the computerized selection.
v- If the Participant receives the physical merchandize Prize, the Participant shall give the following details Name, Phone Number and Email id This data will be shared with our Execution partner which will be used to contact them to deliver the goods to them. In such case Participant will also have to share their ID proof and Address proof which includes any relevant government id like Pan Card, Aadhar Card, Passport or student ID card which will establish that they are above 18 years of age and an Indian resident and citizen.
Each declared winner(s) will be eligible to win the following Prizes: i) Experiential rewards (for all) or ii) Physical Merchandize rewards (Limited quantity) (together hereinafter referred to as ‘Prizes’). The classification is done basis the nature of the rewards (either physical or online) and appropriately information on winner details will be further collected to deliver the Prizes. The details of the prizes are as set below:
i) Experiential Rewards: These are special unlocked games which will only be released for all Participant participating in the Campaign
a) Free Cadbury 5Star Online Game which will help you keep occupied and escape Valentine’s day – Unlimited. The Game will only get unlocked for the participants. This game is available during the campaign period starting 1st Feb 2021 to 28th Feb 2021.
ii) Physical Merchandize Rewards: The Participant may win any one of the below mentioned Prizes
a) UPTO 1000 Participants may win Zomato Gift Voucher worth Rs.1000. The Participant shall comply with the terms & conditions of Zomato OR,
c) UPTO 1500 Participants, may win Free Teddy Bears OR,
d) UPTO 500 Participants may win Free T Shirts- 500 units OR,
e) UPTO 1000 Participants may win Free Date Bag
All users participating in the Campaign will be able to win one of these rewards only during the Campaign period.
The Prizes are funded by Mondelez under this Campaign, one for each participant who complies with our T&Cs. Each participant would be eligible to win only if he/ she has participated in the Campaign in the manner provided under the “Details of the Campaign and How to Enter” section given in these T&Cs.
The Prize is provided on an “as-is basis". Mondelez and their associates, affiliates, directors, officers, agents, representatives shall not be responsible or liable for failure by the winner to redeem the Prize won or to take part in the Campaign itself including due to restrictions placed by any government authorities restricting movement or travel. You understand and acknowledge that this Campaign is being offered on a reasonable effort basis and the ability of the Participant to avail the benefit is subject to Government permissions and restrictions that may be imposed upon people movement or upon the operation of retail shops and other commercial establishments. Mondelez and its Execution Partner shall not be held liable on this account if any Participant is unable to avail the benefit due to such restrictions.
The Prize (Teddy-bears, dates and t-shirts) are being provided on as is” basis without warranties of any kind, either express or implied, including without limitation warranties of quality or implied warranties of merchantability or fitness for a particular purpose. you acknowledge, by participation in this campaign, that you hereby release Mondelez and its execution partner from any and all claims pertaining to any replacements, quality issues or any other claims connection with the prize and that Mondelez shall not be liable for any damages of any kind related to the same,
4- OTHER TERMS AND CONDITIONS FOR ZOMOTA VOUCHER AND ZEE VOUCHER
i- This offer entitles the end user Rs. 1000 off on the Food Partner App (Zomato) in India only. The Value will be mentioned on voucher
ii- This offer is available only on an online payment option and not available on COD.
iii- The discount is valid on a sub total amount (i.e. only on the Food Value Amount), which excludes delivery (+packaging), restaurant charges and GST charges.
iv- Offer valid for all days of the week.
v- Any Order that customers place on the App is subject to product availability, Delivery capacity and acceptance by Partner and participating restaurant.
vi- Discount is offered on minimum purchase and maximum of 1 transaction only on one promo Code. The balance cost (after discount) of the order will be charged to the credit/ debit card of the end user.
vii- A maximum of 1 code can be used per transaction.
viii- If the value of the Order is less than the value of the voucher, the balance is non-refundable and cannot be carried forward or used in any other transaction.
ix- This offer is only for Home Delivery.
x- In no event shall the maximum liability exceed the value of the voucher i.e. Rs. 1000
xi- This voucher has no monetary value, is non-transferable and cannot be used in conjunction with any other promotional offers.
xii- The Terms and Conditions of the offer can be changed during the promotional period by Mondelez India Foods Private Limited or by PREMIER SALES PROMOTIONS PVT LTD or by the offer partner
xiii- These Terms & Conditions are subject to Indian Law and the exclusive jurisdiction of the Courts in Bangalore.
xiv- Voucher Offer is valid from 10/02/2020 to 09/05/2020.
xv- Promoter: Mondelez India Foods Private Limited
xvi- All terms & conditions of Zomato apply.
xvii- This Voucher is not exchangeable for “cash” or for sale.
xviii- This Voucher is non-transferable and cannot be used in conjunction with any other Campaign offers.
xix- The usage of this Voucher is incumbent upon the terms & conditions to be followed by the voucher holder/purchaser. Such conditions need to be followed by the voucher holder/purchaser.
Once a Participant has secured a Zomato Voucher as per the terms and conditions of this Campaign, in addition to the terms mentioned herein, all terms and conditions of the Zomato including any minimum purchase requirements to avail delivery of services and or fulfilling the Voucher be the sole responsibility of the Zomato. In the event of any Participant grievance regarding the Voucher or anything purchased under the Voucher, the Zomato and or the relevant service provider in connection with the item purchased under the Voucher will be solely responsible. Mondelez shall not be liable on this account under any circumstances.
i) ZEE5 E-Gift Cards gets you a premium subscription service from ‘ZEE5’. Users get access to unlimited premium content on ZEE5 for the specified period of the subscription on E-Gift Card.
ii) The subscription can be used by new or existing ZEE5 users. Those not registered on the service will need to register themselves first.
iii) To avail the E-Gift Card option, go to www.Zee5.com/ZEE5 application and select the specific plan the E-Gift Card is for. Customers can enter the E-Gift Card details in the E-Gift Card section in the payments options.
iv) Zee5 E-Gift Card is valid till 6 months from the date of issue
v) This service is only available on Web, android app and iOS.
vi) For further details, please check https://www.zee5.com/myaccount/subscription.
vii) The E-Gift Card can be used only once by a user and will be valid for one year from the date of purchase.
viii) Every E-Gift Card will be applicable for a specific subscription pack. One E-Gift Card applicable for a subscription pack cannot be used for any other subscription pack.
ix) The partner & ZEE5 reserves the right to terminate, modify or extend the timelines and features of the E-Gift Card, at any time at its absolute discretion, without assigning any reason
x) E-Gift Card offers are subject to promotional availability. This E-Gift Card has monetary value only for ZEE5 services or product.It is not transferable, is not for sale or re-sale nor redeemable for cash.
xi) ZEE5 accepts no responsibility, financial or otherwise for the misuse of the E-Gift Card.
xii) For any support or assistance regarding ZEE5 subscription, please contact ZEE5 customer care at firstname.lastname@example.org. The query will be addressed within 48 hours.
xiii) Availing the E-Gift Card is voluntary, and subscribers need to accept and agree to be bound by the terms and conditions available at https://www.zee5.com/termsofuse and these Terms & Conditions, including any amendments and modifications here to, which shall be deemed to be binding on them.
xiv) No returns and no refunds on E-Gift Cards once delivered.
5. ADDITIONAL TERMS:
i- We may, at our sole discretion, change the T&Cs or cancel the Campaign at any time; or modify, terminate, or suspend the Campaign should viruses, worms, bugs, unauthorized human intervention or other causes beyond our control that corrupt or impair the administration, security, fairness or proper play of the Campaign or submission of entries.
ii- We will not be responsible for: (a) any SPAM generated messages; (b) any SMS message delivery failures; (c) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by You or by any of the equipment or programming associated with or utilized in the Campaign, or by any technical or human error that may occur in the processing of entries; (d) any printing or typographical errors in any materials associated with the Campaign; (e) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website; (f) injury or damage to Your or any other computer or mobile resulting from downloading any materials in connection with the Campaign; (g) other conditions beyond Our reasonable control. If you are registered with Do Not Disturb (DND) service, you will not receive an SMS confirmation from us and Mondelez shall not be responsible for any loss on account of the same.
iii- Any attempt to deliberately damage the Execution Partner's Campaign website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Campaign may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Execution Partner reserves the right to seek damages to the fullest extent permitted by law. If Execution Partner loss or incurs any costs in connection with any breach of these T&Cs or any other legal obligation by an entrant, the entrant agrees to indemnify Execution Partner for those losses, damages, and costs.
iv- We, in our sole discretion reserves our right to exclude You from Campaign and/or not to attribute the Prize, and/or to cancel all or part of the Campaign, without any liability on our part, if We believe You have (a) breached any of these T&Cs; (b) acted or have the intention of act in a dishonest or fraudulent manner, or in bad faith; (c) tampered with the entry process or the operation of the Campaign; (d) acted in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
v- In the event of death of Prize Winner, no nominees or heirs or any other person shall be eligible to the Prize and no claim from the nominee or his/her legal heirs of the Winner or any other person shall be entertained for receiving the Prize.
vi- Mondelez and/or Execution Partner is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset or computer related to, or resulting from, participation in this Campaign or the downloading of any materials related to this Campaign.
vii- If this Campaign is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Mondelez, including but not limited to technical difficulties, unauthorized intervention or fraud, the Mondelez may in addition to its other rights reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to invalidate any Participate; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Campaign, as appropriate.
viii- If for any reason this Campaign is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Campaign, Mondelez reserves the right in its sole discretion to cancel, terminate, modify or suspend the Campaign, subject to any written directions made under applicable State or Territory legislation.
ix- Mondelez and/or Execution Partner and/or their respective affiliates, and their officers, directors, employees accepts no liability and shall not be responsible and/or liable in any manner whatsoever in case the Participant is unable to submit his/her entry due to failure on the part of the telecom operator, facility provider, internet issues, device compatibility etc., or due to capacity constraints.
x- All attempts will be made by the Execution Partner to protect the data submitted to it by a Participant from loss and corruption, but in the event such data loss happens, Execution Partner may have to continue with whatever data is available, or in any other manner as it may deem reasonable. Mondelez and the Execution Partner should not be held responsible for any loss of data or the action taken on account of the same. Mondelez and/or Execution Partner and/or their respective affiliates and their officers, business partners, directors, employees will not be held responsible to make good any such loss or dissatisfaction on account of such loss.
xi- Execution Partner will take reasonable efforts to ensure that there is no security breach at its end in the course of conduct of submission of entry for the Campaign and/or that there is no data / entry loss and/or any other loss at its end. However, in the event of a security breach and/or data/ entry loss and/or any other loss for any reasons whatsoever, Mondelez and/or Execution Partner and/or its affiliates, their respective officers, directors, employees will not be responsible or liable in any manner whatsoever for any loss on account of any such instances as may be sustained by the Participant. Mondelez and/or Execution Partner and/or its affiliates, their respective officers, directors, employees shall have the right at all times to exclude or disregard any entries submitted during any period where a security breach or data/entry loss or any other loss occurs.
a- Participation in this Campaign is at your sole discretion and on a voluntary basis. We do not advice you to travel and visit any stores for any non-essential activity. We encourage you to comply with safety and hygiene guidelines as directed by government including usage of masks and maintenance of social distance norms for all visits to stores to buy our product.
b- You agree that all decisions related to the Campaign us are final and binding on You. Failure by Partner to enforce any of these T&Cs in any instance shall not be deemed to be a waiver of the T&Cs and shall not give rise to any claim by any person.
c- We will not be liable for any costs incurred by You in connection with Your participation in the Campaign. Announcements and information about the Campaign shall be posted on https://donothingonvalentinesday.com
d- For any disputes, complaints, queries pertaining to this Campaign, please reach out to the us on 1800 22 7080 not later that 7 working days from the completion of the Campaign. Failure to do so is tantamount to the expiry of any claims in connection with the Campaign submitted by a person. For any queries related to the product quality and product packaging the Participant has to retain the package and call 1800 22 7080/ email at email@example.com.
e- If you are dissatisfied with the Campaign or the Campaign rules and/or any content or any requirements of the Campaign form, the materials available related thereto, or with these T&Cs, his/her sole and exclusive remedy is to not participate in the Campaign.
f- If a person chooses to access this Campaign from outside India, he/she shall do so on his/her own initiative and shall be responsible for compliance with applicable local laws of the country.
g- Mondelēz or Execution Partner accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, loss of SMS, loss of internet connectivity, unique codes, documents, demand drafts, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. Mondelēz or Execution Partner shall not be liable for any consequences of user error including (without limitation) costs incurred.
7- INTELLECTUAL PROPERTY RIGHTS:
All right, title and interest, including but not limited to the intellectual property rights, in the promotional material(s) and all Campaign related material shall vest solely and exclusively with Mondelez at all times. Mondelez or any person or entity permitted by Mondelez in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.
If any material is submitted in connection with the Campaign (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to Mondelez upon submission and become the property of Mondelez exclusively. Mondelez may use the material in any medium in any reasonable manner it deems fit. Intellectual Property in any such material remains the sole property of Mondelez.
8- PERSONAL INFORMATION:
i- Participants who have won any physical Prizes under the Campaign will be contacted by the Execution Partner for collection of further details to ensure delivery of the Prize and such Prize shall only be provided if the necessary information as requested for by the Campaign Partner or Execution Partner has been provided. The Participant shall be solely responsible for any errors in such information provided.
ii- You agree that for the purpose of operating this Campaign or processing any Prize, Execution Partner may need to collect personal and/or sensitive personal information (“Personal Information”) from the winning participant to ensure delivery of the relevant Prize. Such Personal Information shall only be used by the Execution Partner for the purpose of operating this Campaign exclusively and for no other purpose. Providing Personal Information is voluntary; however, failure to provide such data shall result the impossibility to participate in the Campaign. Participants eligible for a Prize give their consent to the collection and processing of such Personal Information.
iii- In addition to the above, please visit the Privacy Notice on https://donothingonvalentinesday.com to understand why your Personal Data is collected. Please note that your acceptance of these terms and conditions is deemed to signify your agreement to the Privacy Notice as well and the necessary consent to what could be done with your Personal Data as described in the Privacy Notice.
iv- We reserve the right to refuse to issue Prizes to the winners unless they provide their Personal Information necessary to release the Prize and to perform other activities applicable under the law. In order to comply with applicable law, the names of the winners of any Prize under this Campaign shall be posted on https://donothingonvalentinesday.com
v- Participants authorize us and Execution Partner use the personal data sent to the Campaign in connection with the Campaign.
vi- By accepting these terms and conditions you also hereby give your consent to Mondelez or any other third party nominated to carry out profiling of your anonymized data made available through Execution Partner. Execution Partner will take the necessary measures to secure and keep safe, either directly or through third parties, any such information that You may have shared.
vii- It is important to remember that whatever You transmit or disclose can be collected and used by others or unlawfully intercepted by third-parties. No data transmission can be guaranteed to be 100% secure. While we strive to use commercially reasonable means to protect Your information, We cannot warrant the security of any information You transmit to us.
viii- Your personal information may be retained and may continue to be used until: (i) the relevant purposes for the use of Your information described in this clause are no longer applicable; and (ii) We and/or Execution Partners are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain Your personal information and the retention of Your personal information is not required for the establishment, exercise or defense of any legal claim.
9- FORCE MAJEURE:
This Campaign is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, lockdowns or related restrictions, act of God or any circumstance beyond the reasonable control of Mondelēz or Execution Partner ("Force Majeure Event"). We or Execution Partner shall not be liable for any delay or adverse effect caused to the Participants in the Campaign including the winners as a result of a Force Majeure Event.
10- GOVERNING LAW AND JURISDICTION:
The courts of competent jurisdiction at Mumbai shall have sole and exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Campaign. Participation in the Campaign is unauthorized in any jurisdiction that does not give effect to all provisions of these T&Cs, including (without limitation) this clause.
Further all issues and questions concerning the construction, validity, interpretation and enforceability of these T&Cs, or the rights and obligations of the Participants and/or Mondelez and/or Campaign Organizer, shall be governed and construed in accordance with the laws of the Republic of India.
11- PUBLICITY RELEASE:
By participating in the Campaign, you give Mondelēz and/ or its affiliates permission to use your name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, if taken or made in relation to the Campaign and any promotions, events, or Campaigns to follow. You agree that and Mondelez or its affiliates have the right to publish your saved item details for any communication, promotions, events, or Campaigns that follow. You agree that Mondelez and/ or its affiliates have complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the internet. You acknowledge that you will not receive any compensation, etc. for the use of such pictures, etc., and hereby release Mondelez and/ or its affiliates and its agents and assigns from any and all claims which arise out of or are in any way connected with such use. You give your consent to Mondelez and/or its affiliates, agents and assigns to use your name and likeness to promote the Campaign and any promotions, events, or Campaigns to follow.
12- LIABILITY RELEASE:
This Campaign is being made purely on a "best effort" basis and participating in this Campaign is voluntary. By participating in the Campaign, you will be legally bound hereby, to release from liability, and hold harmless Mondelez or Execution Partner and any of its / their affiliates, employees or agents representing or related to Mondelez or Execution Partner and its / their services/products for any matters in relation to this Campaign, including the Prizes or quality of Prizes This release is for any and all liability for any issues in relation to the quality of the Prizes or merchandize (teddy bears, t-shirts and dates), personal injuries (including death) or harm, property loss or damage, and misuse of the benefits/ Prizes, offered under this Campaign, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Campaign, even if caused or contributed to by our negligence.
By participating in this Campaign, you agree to indemnify and/ or any of its respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the Prize or participation in the Campaign including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise. You shall be liable for all the personal taxation that might arise out of the winnings from this Campaign and shall not hold Mondelez or Execution Partner and/ or its affiliates responsible for payment of the same and/ or any dispute arising in relation thereof.