NESTLÉ FACE OF HOPE PLEDGE CAMPAIGN
This “Face of Hope” Campaign (hereinafter referred to as "Campaign") is launched by Nestlé India Limited having its registered office at 100 / 101, World Trade Centre, Barakhamba Lane, New Delhi - 110 001 (“Nestlé India”). Please read these terms and conditions ("T&Cs") before participating in this Campaign.
Participation in this Campaign is voluntary. Participant agrees that, if participant chose to participate in this Campaign, they will be bound by these T&Cs and they acknowledge that they satisfy all Campaign eligibility requirements as provided herein below.
Nestlé India has engaged with Jio Platforms Limited to organize and run the Campaign which shall be hosted on JioEngage platform on MyJio application (hereinafter referred to as “JioEngage”). Jio Platforms Limited and/or its affiliates shall also facilitate distribution of Prizes to the winners of the Campaign as per terms and conditions stated herein (hereinafter referred to as “JPL” or “Campaign Partner”).
Consumers participating or seeking to participate in the Campaign shall individually be referred to as "Participant" and collectively as "Participants”.
Participation in this Campaign is purely voluntary and optional. This Campaign is not valid in conjunction with any other Campaign. Products are also available without this Campaign. By participating in this Campaign, each Participant is deemed to have accepted these terms and conditions
This Campaign is being conducted by the Campaign Partner and sponsored by Nestlé India during the Campaign Period defined hereinafter
Participation is voluntarily. A Participant who has agreed to take the Pledge and accepted the T&Cs as mentioned on Campaign pack , between 02 September 2021 and 01 October 2021 (hereinafter referred to as the “Campaign Period”), will be eligible to participate in the Campaign and will get a chance to win 1GB Data made available by Reliance Jio Infocomm Limited (RJIL). Any participation before or after the Campaign period described above, will be summarily rejected.
1.1. Participant needs to fulfil the following eligibility criteria to participate in the Campaign :
i. Participant needs to be a natural person and citizen of India (except the employees and family members of the Campaign Partner and Nestlé India, their associate companies, their joint venture partners, its co-packers, their distributors, their agents, their advertising and Campaign agencies and their auditors.);
ii. Participant should be an individual legal resident of the Republic of India;
iii. Participant should be of an age 18 years or above at the time of entry into the Campaign;
iv. Participant shall be legally competent to enter into binding contract under the applicable laws of India Participant”.
2. DETAILS OF THE CAMPAIGN:
a. Participant must follow the following steps to participate in the Campaign:
i. Participants are required to download/install the MyJio application on their phone from Android Play Store/ Apple Store, as applicable and data charges and expenses of the same will be borne by the user. Active subscribers of Reliance Jio Infocomm Limited (RJIL) telecom services (users) will be automatically logged into MyJio application. Non-Jio or users who do not have an active subscription of RJIL telecom services will have to complete the registration through an OTP process. OTP is generated as soon as you submit your mobile number. In case it is not received, please check the number you have entered and click the ‘Re-send’ button.
ii. Participant(s) is/are required to click on the banner of the advertisement/notification available on MyJio and JioTV which will lead the Participant to Campaign loading page of MyJio application.
iii. Participant will then see a visual of the Campaign. You need to click on the ‘Pledge’ button and need to agree to the T&C’s to proceed in the Campaign. No person (i.e., either the Participant, or any person on behalf of the Participant) shall initiate litigation against the Company or its partners in any manner without first providing the Company a complaint and an opportunity to address the complaint. In case of any feedback or concern regarding protection of your personal information, or any privacy-related feedback or concerns you may contact: Mrs. Radha Nair, Reliance Corporate IT Park, TC-22, Thane Belapur Road, Ghansoli, Navi Mumbai 400701. Email id: email@example.com
iv. All attempts will be made by JioEngage to protect the data submitted to it by a Participant from loss and corruption, but in the event such data loss happens, JioEngage may have to continue with whatever data is available, or in any other manner as it may deem reasonable. NestléNestlé India and JioEngage should not be held responsible for any loss of data or the action taken on account of the same. NestléNestlé India and Campaign Partner and/or its affiliates will not be held responsible to make good any such loss or dissatisfaction on account of such loss.
v. JioEngage 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, Nestlé India and Campaign Partner and/or its affiliates 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. Nestlé India and Campaign 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.
vi. Participant acknowledges that all possible issues may not have been identified by Campaign Partner and/or its affiliates and associates and/or JioEngage and agrees to hold harmless NestléNestlé India and Campaign Partner and/or its affiliates and associates and/or JioEngage for the application, network, process, technical or any other failures.
3. PRIZES AND WINNERS:
Nestlé India may at its sole discretion can add, delete or modify, without any prior intimation (i) Type and count of prizes available; (ii) Eligibility criteria for qualifying and winning prizes; (iii) Count of Winners (hereinafter defined); (iv) Special Terms and Conditions (hereinafter defined) for redemption of prizes; or (v) Any other aspect related to prizes and winner selection. Subject to aforementioned, below is the prize available on offer during the Campaign Period:
‘Additional 1 GB Data Voucher’ on successfully taking the pledge during 02 September to 01 October, 2021
i. “Additional 1GB Data Voucher(s)” shall mean additional data pack of Reliance Jio Infocomm Limited RJIL with denominations as 1GB (“Data Voucher”).
ii. During the Campaign Period from 02 September 2021 to 01 October 2021 Participant(s) who have successfully taken the pledge and accepted T&C’s shall be eligible to get Data Voucher(s) of RJIL (“Eligible Data Participants”).
iii. Upto 15,00,000 Eligible Data Participant(s) winners will be determined as “Data Prize Winner(s)” on first come first serve basis and awarded Data Voucher. Nestlé reserves the right to determine any number of Eligible Data Participant(s) as “Data Prize Winner(s)” at its sole discretion without any prior intimation
iv. Each Participant can win Data Voucher for successfully taking the pledge only once during the Campaign Period from 02 September 2021 to 01 October 2021.
v. Data Voucher won will get reflected in “Central My Winnings” tab under ‘Offer Store’ section of the JioEngage application. However, such Data Voucher will be credited to the account to Data Prize Winner only if such Data Prize Winner is an active subscriber of telecommunication services of RJIL on the day of credit and has used such registered mobile number of RJIL to participate in the Campaign.
vi. Special Terms and Conditions applicable for Data Voucher are given in Annexure I.
Please note, while non Jio users can participate in the Campaign, they will not be eligible to win any Prizes
4. ADDITIONAL TERMS:
4.1. Nestlé may, at its sole discretion, change the T&Cs or cancel the campaign any time; or modify, terminate, or suspend the Campaign including for reasons such as 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.
4.2. Nestlé and Campaign Partner 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 Participant 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 Campaign or Nestlé India 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.
4.3. At any time, the Campaign Partner and/or Nestlé India reserves the right to update and/or amend all or any of these terms without further notice.
4.4. Nestlé India and/or Campaign Partner reserves the right to cancel, change or substitute Campaign at any time without any prior notice.
4.5. The Participant/s undertake and irrevocably and unconditionally permit Nestlé India and/or the Campaign Partner to cover the Campaign through various media including newspapers, radio television news channels, internet, point of sale materials, etc., and shall not raise any objection, protest or demur to such coverage or in this regard.
4.6. The winners must, at the request of Nestlé India and/or the Campaign Partner participate in all Campaign related activities (such as publicity and photography) surrounding the winning of the Prizes, free of charge, and they consent to the Campaign Partner using their name and image for material in relation to the Campaign.
4.7. All rights, title and interest, including but not limited to the Intellectual Property Rights, in the Campaign material(s) and in any and all responses received shall vest with Nestlé India and or its partners respectively. Nestlé India or any person or entity permitted by Nestlé India in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future Campaign , marketing, publicity and any other purpose, without any permission and or payment to the Participant.
4.8. All material 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 Nestlé India upon submission and become the property of Nestlé India exclusively. Nestlé India may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Nestlé India. All Intellectual Property related to the Campaign, JioEngage and/or MyJio, owned and developed exclusively by the Campaign Partner shall at all times continue to belong to the Campaign Partner.
4.9. By participating in the Campaign , Participant(s) confirms to waive the applicability of rules and regulations of the National Do Not Call Registry (hereinafter referred to as “DND”) and agree and give their consent to be contacted by Nestlé India and/or the Campaign Partner for the purposes of this Campaign
4.10. Campaign Partner/ Nestlé India accept no responsibility for any tax implications that may arise from the Campaign. Participants will have to bear incidental costs, if any, that may arise for redemption of the prize
4.11. The Campaign is being conducted under the supervision of independent auditors.
4.12. Nestlé India and/or Campaign Partner shall not be responsible for any loss, injury or any other liability arising out of the Campaign or due to participation by any person in the Campaign.
4.13. Nestlé India and/or Campaign Partner shall not be responsible for downtime on the services, caused due to technicalities (like failure of hardware equipment, configuration issue, network congestion), or due to decisions/changes in regulations that are carried out by TRAI, RBI, DoT or any other regulatory body.
4.14. Participant agrees that use of this Campaign is at his/her sole risk. Nestlé India and/or the Campaign Partner, their affiliates, and their officers, directors, employees, and agents disclaim all warranties, express or implied, including without limitation any warranty of merchantability, availability, and fitness for a particular purpose or non-infringement.
4.15. The Campaign Partner and /or Nestlé India shall not be liable to perform any of its/their respective obligations under the Campaign where it is unable to do so as a result of circumstances beyond its/their control in the nature of fire, explosions, natural calamities, state emergency, riots, or any other force majeure condition, etc., and shall not be liable to compensate the Participant in these circumstances. The Campaign Partner and/or Nestlé India shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Campaign due to any government restrictions.
4.16. Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of the Campaign Partner and Nestlé India.
4.17. If a Participant is 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 terms and conditions, his/her sole and exclusive remedy is to not participate in the Campaign.
4.18. The Campaign Partner and Nestlé India shall under no circumstances be liable, whether jointly or severally, for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of participation in the Campaign.
4.19. By entering the Campaign, the Participant hereby releases from and agrees to indemnify the Campaign Partner and Nestlé India from and against all liability, cost, loss or expense arising out of 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.
4.20. The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Campaign by conducting an illegal act. Participant also undertakes to indemnify Nestlé India /the Campaign Partner and/or their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by the Campaign Partner and/or Nestlé India on account of such act on the part of the Participant.
4.21. In consideration of the Campaign Partner and Nestlé India allowing the Participant/s to take part in the Campaign , to the maximum extent permitted by law, the Participant/s waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against the Campaign Partner and/or Nestlé India, their respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Campaign .
4.22. Nestlé India or its Campaign Partner shall not be liable to perform any of its/their respective obligations under the Campaign or in respect of the prize where it is unable to do so as a result of circumstances beyond its/their control in the nature of fire, explosions, natural calamities, state emergency, riots, explosion, strike, casualty or accident, epidemic including but not limited to virus infestation like COVID -19, cyclone, flood, drought or any other Force Majeure condition, etc., and shall not be liable to compensate the Participant in these circumstances
4.23. The terms and condition of this Campaign shall be governed by Indian Laws. The Courts at Mumbai shall have the exclusive jurisdiction in respect of all the subject matter with relation to the Campaign.
4.24. Any costs associated with entering the Campaign , including but not limited to accessing the Campaign website, SMS charges to enter into the Campaign , Call Charges, or Data Charges are the responsibility of each Participant. The Participant may be charged by their respective telecom operator as per their nominated tariff plan.
4.25. If Participant entry is incomplete or if Participant uses robotic, automatic, Campaign method or similar entry methods, your entry will be void. The authorized subscriber of the MyJio account used to enter the Campaign at the actual time of entry will be deemed to be the Participant and must comply with these T&Cs in the event of a dispute as to entries submitted by multiple users having the same MyJio account. The authorized account subscriber is the natural person who has successfully signed in to their MyJio application account. No benefits greater than those described in the "Prize and Winners" section given in this T&Cs will be awarded.
4.26. The Prizes will be provided on an “as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and the Campaign Partner, Nestlé, their associates, affiliates, directors, officers, agents, representatives shall not be responsible or liable for including but not limited to the prizes, product and service liabilities and any claim in this regard.
4.27. The prize cannot be transferred, exchanged or redeemed for cash. In the event that the Winner does not avail the prize in the time and manner stipulated which is detailed in the Participant’s MyJio Account, then the prize will be forfeited. Prize must be availed as mentioned in the terms and conditions and cannot be varied.
5.1. Participation in this Campaign is at your sole discretion and on a voluntary basis.
5.2. You agree that all decisions taken by Nestlé or Campaign related to the Campaign is final and binding on You. Failure by Campaign 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.
5.3. We will not be liable for any costs incurred by You in connection with Your participation in the Campaign.
5.4. Announcements and information about the Campaign shall be posted on JioEngage tab under MyJio – Please refer to the T&Cs section and My Winnings for any details.
5.5. 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.
5.6. 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.
5.7. Prizes are provided on an "as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and Nestlé and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or be liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any Prize or for any kind of consequential damages/ loss, in any manner whatsoever.
5.8. Nestlé or Campaign 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. Nestlé or Campaign shall not be liable for any consequences of user error including (without limitation) costs incurred.
5.9. In the event of death of 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.
5.10. All applicable taxes resulting from acceptance of Prize(s) shall be the responsibility of Winners.
6. INTELLECTUAL PROPERTY RIGHTS:
6.1. 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 Nestle at all times. Nestle or any person or entity permitted by Nestle 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.
6.2. All material 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 Nestle India upon submission and become the property of Nestle India and Campaign exclusively. Nestle India may use the material in any medium in any reasonable manner it deems fit in connection with the Campaign. All intellectual property, including without limitation, any copyrights, trademarks, designs and know how (“Intellectual Property”) relating to Nestle India products shall belong to Nestle India. All Intellectual Property related to the Campaign, JioEngage and/or MyJio and those owned exclusively by the Campaign shall at all times continue to belong to the Campaign
7. PERSONAL INFORMATION:
7.1. You agree that for the purpose of operating this Campaign, Campaign Partner may collect personal and/or sensitive personal information (“Personal Data”) from You. Such Personal Data can be shared with and used by Nestlé and/or the Campaign Partner for the purpose of operating this Campaign. Providing Personal Information is voluntary; however, failure to provide such data shall result in your inability to participate in the Campaign. Participants eligible for a Prize give their consent to the collection and processing of such Personal Information. Please note that your acceptance of these terms and conditions is deemed to signify your agreement to collection, use, transfer, storage, handling or otherwise processing your Personal Data in accordance with terms hereof.
7.2. We reserve the right to refuse to issue Prizes to the winners unless they provide their Personal Data including location access to MyJio App necessary to release the Prize and to perform other activities to run the Campaign.
7.3. Participants authorize Campaign Partner to use the Personal Data sent to them in connection with the Campaign.
7.4. By accepting these terms and conditions you also hereby give your consent to Nestlé or any other third party nominated by Nestlé to carry out profiling of your anonymized data made available through JioEngage and/or MyJio and for this reason transfer of your Personal Data to such third parties. Nestlé and/or Campaign 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. In case of any grievance relating to storage of your Personal Data you may report the same by using any of the modes of raising complaints as provided on JioEngage and/or MyJio.
7.5. 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.
7.6. 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 Campaign 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 defence of any legal claim.
8. FORCE MAJEURE:
This Campaign is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of Nestle India or Program Partner ("Force Majeure Event"). We or Program Partner shall not be liable for any delay or adverse effect caused to the Participant
9. PUBLICITY RELEASE:
By participating in the Campaign, you give Nestlé 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, taken or made in relation to the Campaign and any promotions, events, or Campaigns to follow. You agree that and Nestlé or its affiliates have the right to publish your saved item details for any communication, promotions, events, or Campaigns that follow. You agree that Nestlé 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, a 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 Nestlé 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 Nestlé 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. Notwithstanding the foregoing, the Participants shall not upload any content which may be (i) obscene; or (ii) obnoxious; or (iii) vulgar; or (iv) offensive to any group, sect or denomination of persons; or (iv) which may, in any manner, be construed as harmful or inciteful, in any manner whatsoever. Participants uploading any such content shall be disqualified from the Campaign immediately and shall not be eligible to receive any Prizes, if won.
10. 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 Nestlé or Campaign Partner and any of its / their affiliates, employees or agents representing or related to Nestlé or Campaign Partner and its / their services/products for any matters in relation to this Campaign, including the Prizes. This release is for any and all liability for personal injuries (including death), 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 Nestléor Campaign Partner and/ or its affiliates responsible for payment of the same and/ or any dispute arising in relation thereof.
Nestlé is the Sponsor for the Prizes. The Program shall be operated by the Program Partner which includes maintenance of the platform, receiving entries, declaring winners and ensuring delivery of Prizes
Special Terms and Conditions for Data Voucher
1. Additional Data Voucher shall mean Jio data vouchers of 1 GB or any other denomination as may be determined by the Company from time to time.
2. Additional Data Voucher will get reflected in “My Winnings” tab under ‘Engage’ tab of “My Jio” within 72 hours of the completion of eligible activity and will be credited to the registered mobile number of RJIL used to participate in the Campaign within 7 days from the date it gets reflected in “My Winnings” tab.
3. The Offer shall be open for all eligible customers on and from 02 September 2021
4. Additional Data Voucher is credited only if such registered mobile number has an active Base Plan / MRP Plan with a validity period. “Base Plan” / “MRP Plan” shall mean the current subscription plan of RJIL used by the Participant in the process of participating in this Campaign.
5. Where any applicable Additional Data Voucher is credited during a Recharge Cycle period (“Recharge Cycle Period” shall mean the validity period of a Base Plan, starting from the date of activation of RJIL SIM, and subsequent periods of active date base plan), the benefits attached to such Voucher shall be limited to that Recharge Cycle period and any such benefits that remain unutilized at end of that Recharge Cycle period, will expire and be forfeited.
6. Additional Data Voucher(s) or the Contest Prize is not transferable, nor can it be exchanged nor can it be varied and no cash payment in lieu of the same will be made. Company and/or Nestle for the respective campaigns, if any; shall not be held liable for the failure of a Participant to utilize their Additional Data Voucher.