CADBURY DAIRY MILK WISHPACK CAMPAIGN
This Cadbury Dairy Milk Wishpack Campaign (hereinafter referred to as "Campaign") is launched by Mondelez India Foods Private Limited having its registered office at Unit No 2001, 20th Floor, Tower-3 Wing-C, One International Center (Formerly, India bulls Finance Centre), Parel, Mumbai- 400 013. Please read these terms and conditions ("T&Cs") before participating in this Campaign. This Campaign for the consumers shall also be referred to as “Wishpack Consumer Promo”.
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 engaged with Jio Platforms Limited (“Jio”) to organize and run the Campaign (hereinafter referred to as “Campaign Partner”)
Mondelez India Foods Private Limited has engaged Premier Sales Promotions Private Limited (Big City) as their delivery partner to deliver the prizes (e.g. smartphones & cashback) for the Campaign (hereinafter referred to as “Delivery Partner”)
Campaign Partner and Delivery Partner shall collectively be referred to as “Execution Partners”.
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.
1. ELIGIBILITY:
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 fulfill the eligibility criterion to participate in the Campaign shall individually referred to as “Participant” and collectively “Participants”.
This Campaign is not available for the users residing in the state of Tamil Nadu. Such users are not eligible to participate in the Campaign in view of the provisions of the Tamil Nadu Prize Scheme (Prohibition) Act, 1979.
Our / Execution Partner’s employees, their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and our 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:
2.1. Consumer can participate in the Wishpack Consumer Promo by following the below instructions-
a. This Campaign will commence from 00:00 hours on 13th February 2021 and end at 23:59 hours on 15th April 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 participate in the Campaign, during the Campaign Period, you must purchase Cadbury Dairy Milk Rs.10 Wish Pack (“Promotion Product”). Participation in the Campaign is subject to availability of the Promotion Product in the market during the Campaign Period. We or Campaign Organizer shall not be held responsible for any circumstance leading to non-availability of the Promotion Product in the market..
c. If you are one of the Participants who has/have bought the Promotion Product and followed all other instructions as provided in these T&Cs, you may be eligible to win a “Prize” (hereinafter defined). A total of 5,71,740 Participants will be selected as “Winners” and awarded the Prize.
d. Each declared Winner(s) will be eligible to win the following Prizes: (1) Free Jio Data made available by Reliance Jio Infocomm Limited (in coupons either of 100MB, 500MB, 1GB, 2GB or 4GB) (“Jio Data Prize”); or (2) Free Smartphone; or (3) Free Cashback of Rs.50 (each a “Prize” and collectively “Prizes”). Each declared winner of Smartphone or Cashback will only be eligible to win one such Prize under this Campaign except for Jio Data Prizes, which they will continue to be eligible to win.
e. Please find below the steps for participating in the Contest:
1. You are required to purchase the Promotion Product and give a missed call to 1800-889-1000. You will receive an SMS link on your mobile phone. Click on the SMS link leading to the Cadbury Dairy Milk Wish Pack Banner (“Portal”) on the MyJio App / Website @ https://www.jio.com/Cadburywishpack (“Website”) made available by Campaign Partner. The number is a toll free number and the consumer will not incur any charges on the missed call.
2. The SMS link in the message will lead the consumer to the Website developed by Campaign Partner / Portal on MyJio app in consumer’s smartphone and/or Jio Phone. You will have to agree to the permissions required by the application to effectively participate in the Campaign. (Standard data charges for installing the app and usage of the app/ website will be applicable and will have to be borne by the consumer).
3. You will have to agree on the Terms and Conditions and provide declaration of your citizenship and age before entering the Portal / Website. For entering through Website, a Participant has to enter his / her mobile number to generate an OTP. Post successful OTP validation, a Participant can proceed in the Campaign. One session with successful OTP validation remains active for 2 hours of inactivity provided that Website browser is not closed/exited, post which the validation has to be done again. The mobile number used for OTP validation can be Jio / Non-Jio.
A Participant must enter the mobile number and validate OTP received each time he / she visits the Website. In order to generate OTP, a valid 10 digit mobile number registered in India must be entered. A Participant may request for an OTP maximum three times in every 15 minutes. If a Participant has requested for a new OTP, he must wait 40 seconds before he makes a new request.
4. The Participant will have to enter the alpha numeric code (“Unique Code”) printed inside the Promotion Product wrapper to get a chance to win a Prize. On clicking ‘Proceed’ after entering the Unique Code, a Participant will have to click on a chocolate piece animation visible on next screen to reveal and claim the Prize. If any user exits this screen without clicking on any chocolate piece, he/she will lose the chance win any Prize and the code will be counted as already redeemed.
5. Participants who are not Jio subscribers may also participate in the Campaign and the winners who are non Jio subscribers will have a chance to transfer the free Jio Data Prizes as gift to their friends or family (who are Jio subscribers). For the avoidance of doubt, please note that Participants will have chance to win other non - Jio Data Prizes which are part of this Campaign like smartphones and cashbacks. Please note that smartphones and cashbacks cannot be transferred. The option to ‘Gift to a friend’ for Jio Data Prizes will be visible once the Prize is revealed after clicking on a chocolate piece as per point 4 above. If the Participant without clicking on ‘Gift to a friend’ option exits the app / gets a call / locks the phone, etc. or 30 minutes is elapsed whichever is earlier; the Jio Data Prize will automatically be considered as retained for himself/herself by the Participant. ‘Gift to a friend’ option is not available on Jio Phone.
6. Once the Prize is revealed, a Participant may either participate in the Campaign again with a new Unique Code or click on ‘Make a Wish’ option. Post clicking ‘Make a Wish’ option, a Participant has to upload a video (of maximum 30 seconds and 40 MB size) of themselves, thanking someone who has contributed in their life, as per rules shown on the screen and in accordance with these T&Cs. A Participant may delete or retry uploading the video, if he / she wishes to or otherwise if the video exceeds the permissible time / size constraints. Mondelez shall evaluate the videos uploaded by the Participants on any criteria including but not limited to (i) adherence to ‘Make a Wish’ theme; (ii) video quality and clarity (iii) aesthetic value and select the best videos (“Eligible Videos”). Participants are advised to avoid uploading any malicious / irrelevant content.
7. Mondelez may at its sole discretion, also publish the feedbacks received from the Participants as ‘Testimonials’ in the Campaign post obtaining their due consent for the same.
8. A Participant may also enter the Campaign directly through JioEngage on MyJio. Participant shall be required to download MyJio app on their smartphone devices and successfully login on the MyJio App using their registered mobile number. Participants will then be required to launch MyJio on his/her smartphone device. Jio Phone users have to directly launch MyJio on their devices. Participant shall be further required to click on the banner of the Campaign on the homepage of the MyJio (“Banner”) or on the homepage of JioEngage. Clicking on the Banner the Participant shall be directed to the Campaign on JioEngage. You shall be required to give consent on these T&Cs to proceed.
2.2. Entries through MyJio Application and / or Website:
i. Jio shall furnish to Mondelez, data provided by the Participants, relevant only to the entry submitted by the Participant including Mobile Number used for participating in the Campaign. A Participant hereby expressly consents to the sharing of such data by Jio to Mondelez.
ii. Mondelez and Jio and/or its affiliates accepts no liability and shall not be responsible and/or liable in any manner whatsoever in case an ineligible user who has failed to abide by these T&Cs and/or is in breach of the these T&Cs participates in the Campaign. Mondelez and/or the Campaign Partner, reserves the right to disqualify the Participant immediately if it comes to their knowledge that the Participant has supplied untruthful, inaccurate or misleading details and/or information, of any nature, have failed to abide by these T&Cs and/or are in breach of the T&Cs hereof. Any consequences arising out of such participation by ineligible user shall be the responsibility of such user only and Mondelez and/or Campaign Partner shall not be held liable for the same in any manner whatsoever.
iii. Mondelez and Jio and/or its affiliates 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, internet / facility provider, device compatibility etc., or due to capacity constraints.
iv. All attempts will be made by Jio to protect the data submitted to it by a Participant from loss and corruption, but in the event such data loss happens, Jio may have to continue with whatever data is available, or in any other manner as it may deem reasonable. Mondelez and Jio should not be held responsible for any loss of data or the action taken on account of the same. Mondelez and Jio and/or its affiliates will not be held responsible to make good any such loss or dissatisfaction on account of such loss.
v. Jio 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 Jio 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. Mondelez and Jio 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 Jio and/or its affiliates and associates and/or JioEngage and agrees to hold harmless Mondelez and Jio and/or its affiliates and associates and/or JioEngage for the application, network, process, technical or any other failures. By participating in the Campaign through JioEngage under MyJio app, the participant hereby accepts and agrees MyJio’s privacy policy available at www.jio.com.
vii. Participant also authorizes Jio to collect his/her personal information including name, address, mobile number and other biographical information. Personal information of the Participant will be collected, processed, shared and stored in accordance with MyJio’s privacy policy available at www.jio.com.
viii. Jio and/or its affiliates accepts no liability whatsoever regarding; (i) suspension of the Campaign by Mondelez; (ii) criteria for determination of the winner(s) and (iii) any other redressal of grievances, suggestions and/or concerns from the Participants except Jio Data Prizes. Any and all such grievances, suggestions and/or concerns with regards to the conduct, or any other activity in relation to the Campaign, can be directed towards Mondelez at 1800227080 not later than 7 days from the completion of the Campaign. All grievances pertaining to the Jio Data Prizes provided by Reliance Jio Infocomm Limited (“RJIL”) can be directed towards Jio at 18008899999 not later than 7 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. It shall not be open for the Participant to require audit or verification of the information, data or any other criteria, process or system adopted by Jio.
3. PRIZES:
There are total of 5,71,740 Prizes that will be sponsored by Mondelez under this Wishpack Consumer Promo, for participants who are declared a winner by us and 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 this T&Cs. Subject to these T&Cs, the winner’s Prize will be delivered to the winners by Campaign Partner and the Delivery Partners. Mondelēz, Campaign Partner and the Delivery Partner reserves the right on how the prizes will be distributed and the quantity of prizes. # PRIZE DESCRIPTION PRIZE CAP TOTAL PRIZES 1 Smartphone (Samsung Galaxy A10s) 1 per day 60 2 Rs.50 Cashback (In Paytm wallet / Amazon wallet etc./ UPI / Bank Transfer) 1 per hour 1,440 3 Jio 4 GB Data 6 per hour 8,640 4 Jio 2 GB Data 45 per hour 64,800 5 Jio 1 GB Data 45 per hour 64,800 6 Jio 500 MB Data 120 per minute 1,72,800 7 Jio 100 MB Data 180 per minute 2,59,200 TOTAL 5,71,740
Participants shall be eligible to win the following Prizes:
Each Participant who successfully completes the journey as per ‘Details of the Campaign & How to Enter’ section by clicking on chocolate piece animation (“Eligible Participant”) as per clause 2(e)(4), will be eligible to win a Prize randomly selected from amongst the available Prizes as per table above, in sequential manner. Maximum Prizes which can be disbursed are subject to Prize Cap, mentioned above. The Prizes and Prize Cap shall be common across MyJio (Smartphone and Jio Phone) and Website.
Assured Prizes on 7 Days: On 7 days (“Assured Days”) during the campaign duration, all Eligible Participants who have complied with these T&Cs will win an assured prize of either Mobile Smartphone, Rs.50 Cashback or Jio Data (100MB, 500MB, 1 GB, 2GB or 4GB) i.e. Eligible Participants, other than those who would be awarded Prizes mentioned in table above on such Assured Days, will be awarded Jio 500 MB Data on first come first serve basis subject to availability. In total, 1,34,520 additional units of such Jio 500 MB Data shall be made available for distribution on Assured Days. The dates for this limited offer will be 26-28th Feb 2021 & 26th-29th March 2021. Eligible entries are ones that satisfy the eligibility criteria outlined above and follow the steps outlined in the "Details of the Campaign and the How to Enter" section given in this T&Cs.
Any Prizes remaining unexhausted on a particular day during the Campaign Period may be carried forwarded by Mondelez at its sole discretion and can be utilized for distribution to Eligible Participants on subsequent days of the Campaign Period.
At the end of the Campaign Period, Mondelez may at its sole discretion, decide to award smartphone prize to the Participants who have uploaded the Eligible Videos (‘Eligible Participant for Best Video’) and give them a chance to gift the smartphone prize so won, to the person whom they have dedicated the video. Mondelez may determine any number of such Eligible Participants for Best Video, to award the smartphone prize, as it may deem fit.
Criteria defined in these T&Cs for determination of Winners and distribution of Prizes shall be final and binding on all participants and no correspondence or any other claims whatsoever, with regards to determination of Winners and distribution of Prizes by Mondelez and/or Execution Partner shall be entertained.
All 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, Delivery Partner, Mondelez, 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.
The validity of the Jio Data Prizes is as per the usual validity defined by Reliance Jio Infocomm Limited and Mondelez will not play any role of getting the same extended or amended as per request from the consumer.
In cases where the abovementioned models for Smartphone are not available due to supply or delivery issue from vendor, Mondelez reserves the right to change the model and brand of the goods to price point similar to the ones mentioned above. The prices will be within a variance of 5-10% of the MRP cost mentioned above.
Participants should note that:
(i) All claims towards warranty and product or service complaints need to be taken up with the manufacturer/service provider providing the service for a Prize directly.
(ii) The prizes are personal to the winners and cannot be sold under any circumstances. The Prize cannot be transferred, exchanged or redeemed for cash. In the event that the winner does not take the prize in the time and manner stipulated, then the prize will be forfeited and cash will not be awarded in lieu of the prize.
(iii) Any unused prize is not-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken in exchange for cash.
(iv) A Participant can participate in the Campaign as many times as he / she may wish with multiple Unique Codes and win all the Prizes (smartphone, cashback and Jio data Prize) during the Campaign Period, however each Participant can win only one Smartphone and one Cashback during the Campaign Period.
(v) Mondelez is only responsible for running the Campaign along with its Delivery Partner and Campaign Partner however, Mondelez shall not be liable for the quality, efficiency, grade, or service of any of the Prizes.
4. ODDS OF WINNING:
Odds of winning depend on the number of eligible entries received. Eligible entries are ones that satisfy the eligibility criteria outlined above and follow the steps outlined in the "Details of the Campaign and the How to Enter" section given in this T&Cs.
Unique code entered by the consumer should match with the code printed inside the wrapper. In cases where the correct unique code printed inside the wrapper is not accepted by the Jio portal/ Website, the consumer can reach to the consumer support contact details mentioned in the pack and share the picture of the wrapper and screen shot of the entry to get a chance to participate in the contest.
5. PRIZE DRAWING/WINNER SELECTION:
(1) The winners for the Campaign will be selected during the Campaign Period by Campaign Partner, acting on behalf of and at the sole discretion of Mondelez, as mentioned in Prize section above.
(2) Participants who have won Prizes will instantly get notified in the Campaign page and their Prizes will get reflected in “My Winnings” tab under “Prizes” section of the Campaign on Website/ MyJio App.
(3) In case of Prizes being Jio Data (which are not gifted under clause 2(e)(5)), it will be credited to the account of Winner only if such Winner is an active subscriber of telecommunication services of RJIL and has used such registered mobile number of RJIL to participate in the Campaign. In case of Prizes being Jio Data (which are gifted under clause 2(e)(5)), it will be credited to the account of gift recipient only if such gift recipient is an active subscriber of telecommunication services of RJIL. Special terms and conditions applicable for Jio Data Prizes are given in Annexure 1.
(4) In case of Prizes being cashback, a Participant has to claim it from Big City website. Link for claiming the same shall be visible in ‘Winnings’ section of the Campaign on Website/ MyJio App.
(5) Each Participant shall be required to submit their mobile number, name and email address (“Personal Details”) in order to view the ’Winnings’ section or ‘Testimonials’ section on Campaign home page. For avoidance of doubt, mobile number shall mean the mobile number registered under the MyJio account of the Participant. The mobile number used to participate in the Campaign shall be prefilled, however the Participant may choose to edit the same before clicking on ‘Submit’ tab. Participants acknowledge and agree that the Personal Details shared by them on JioEngage may be further shared to Mondelez for the purposes of this Campaign. Usage of any data collected by Mondelez in such a manner will be processed and/or used in compliance with Mondelez's Privacy Policy made available by Mondelez.
(6) In case of Prizes being smartphone, Eligible Participants who have won the Prize, shall be contacted by Delivery Partner within 5 days from the day of winning the Prize:
i) Such Eligible Participants will be required to respond to confirm eligibility, acceptance of the Prize and to provide verification documents within 48 hours of initial contact. In the event that the Eligible Participant does not respond to communications within 48 hours of initial contact, the Organizer reserves the right to disqualify that Winner and to re-allocate that Prize to a different Eligible Participant. Eligible Participants will be required to share the verification documents such as Copy of Valid Driving License or AADHAR or PASSPORT or Voter ID Card or PAN Card as proof for identification and verification purpose only. A PAN card copy is mandatory for prizes worth INR 10,000 or more.
ii) Such Eligible Participants hereby also give their consent and approval to Campaign Partner to share their contact details including personal information like mobile number captured during the participation in the Campaign, with Mondelez and / or Delivery Partner for contacting the Eligible Participants for verification as per this clause (5). Eligible Participant also acknowledges and agrees that such mobile number and details obtained during verification will be further shared with the Delivery Partner for delivering the Prizes.
iii) Such Eligible Participants will be confirmed as winners subject to him/her satisfying the verification process and upon submission of all relevant documents to Campaign Partner and / or Delivery Partner. Verification Documents shall be submitted either as soft copy documents through email (feedback@bigcity.in) or via registered post addressed to Delivery Partner (Cadbury Dairy Milk Wish, Premier Sales Promotions Pvt Ltd, 4th Floor, Mitra Towers 10/4 Kasturba Road, Bangalore, PIN Code – 560001). The cost and expenses of postage and data charges call charges incurred during sending of all the verification documents or calls related to the collecting the prizes shall be borne by the Participant only. Mondelez or the Campaign Partner and /or Delivery Partner shall not be responsible for any accident or mishap or loss of the verification documents verification documents reaches the address as directed by Mondelez or its Campaign Partner and /or Delivery Partner lies solely with the Participants.
(7) Under no circumstances, will there be any transfer or exchange for the Prizes. No cash or any other product shall be given as replacement of Prize. In the event that the winner does not take the Prizes in the time and manner communicated by Campaign Partner or Delivery Partner, then the Prizes will be forfeited. Any unused Prizes are not-transferable, non-refundable and non-redeemable for other goods or services and shall not be exchanged for cash. If due to unforeseen circumstances, the Prize is not available, We reserve our right to substitute another prize, at our sole discretion, of equal or higher value. The sale or commercialization of the Prize and/or any element thereof is strictly prohibited.
(8) If any of the Prizes involve further formalities to be complied with, such as obtaining a registration with other bodies/third parties, submission of additional documents and information (depending upon the nature of the Prize), availing of or receiving the Prize shall be conditional strictly upon completing all the necessary formalities and procedures with such authorities/government bodies/ third parties etc., as the case may be. Mondelez or Campaign Partner or Delivery Partner shall not be held liable for any such procedures or processes and the participant would have to individually satisfy all relevant and applicable conditions. Apart from awarding the Prize to the winner participant Mondelez or the Campaign Partner or Delivery Partner shall not be held liable or responsible in any manner whatsoever towards the enjoyment of the Prize or receiving or taking delivery or availing the relevant Prize.
6. WINNER ANNOUNCEMENT/CONTACTING WINNERS:
Once confirmed, the winners will be notified during the Campaign Period as per Clause 5(2) above in ‘My Winnings’ section and the names of Smartphone and Cashback winners shall also be published by Mondelez on www.jio.com/CDMwishpack within 60 business days of completion of the Campaign.
7. DELIVERY OF PRIZES:
(i) In case of Prizes being smartphone, it will be delivered within 45 business days after the details have been confirmed by the Eligible Participant who has won the Prize, as per Clause 5 above.
(ii) Delivery Partner will ensure to supply the Prizes in good condition. However, Campaign Partner, Mondelez and Delivery Partner shall not be liable/responsible for any defect in the Prize. The guarantee and warranty of the Prize shall be transferred, as received from the manufacturer / distributor/service provider relating to the particular Prize.
(iii) Any complaints regarding the non-delivery of the Prize should be made within 7 days of intimation of the date of dispatch (intimated through E-mail/SMS) of the Prize by Delivery Partner. The winner will get an intimation via Email/SMS on the dispatch within 10 business days of the booking. After 7 days of intimation of dispatch, Delivery Partner will not entertain requests pertaining to non-delivery of Product. Winner can also go and pick up the Product from the local depot of the courier company.
(iv) As a practice, courier companies will attempt the delivery of the Prize twice to the winner if at the first instance the courier company couldn’t reach the winner for various of reasons such as (not limiting to) not at home, phone switched off, change of delivery address, wrong address etc. If the prize is returned in such cases, Campaign Partner will not be liable to dispatch the product again.
(v) Product once delivered cannot be replaced under any circumstances.
(vi) The decision of Campaign Partner, as regards the selection of winners and distribution of the prizes shall be final, subject to Mondelēz’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
8. ADDITIONAL TERMS:
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.
We and Execution 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 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) any technical or operational issue in the MyJio restricting or preventing your participation in the Campaign or availment of your Prize; (h) other conditions beyond Our reasonable control.
Users acknowledge and agree that Mondelez and/or Campaign Partner, on a best effort basis, will identify the location of the users participating through MyJio App on smartphone. However, Mondelez and/or Campaign Partner do not guarantee 100% accuracy for such identification of the user’s location. Mondelez and/or Campaign Partner shall not be responsible for any inability of the Participants to participate in the Campaign or non-distribution of Prizes to the eligible Participants attributable to the tracking (i.e.; if location is identified to be in the state of Tamil Nadu). The Participants are at all times required to provide true declaration regarding the state they reside in.
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.
If Your entry is incomplete or if You use robotic, automatic, programmed or similar entry methods, your entry will be void. The authorized subscriber of the MyJio account / mobile number 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 / mobile number. The authorized account subscriber is the natural person who is assigned a mobile number by a telecom service provider or has successfully signed in to their MyJio application account. No benefits greater than those described in the "Description of the Campaign and How to Enter" section given in this T&Cs will be awarded.
If for any reason any aspect of this Campaign is not capable of running as planned, including by reason of infection by computer virus, network failure, malware incident, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of Us which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, We may in Our sole discretion cancel, terminate, modify or suspend the Campaign, or invalidate any affected entries.
The Participant undertakes to ensure that the photos and/or videos including, statements, comments, remarks made by the Participants in the videos submitted by him/her are not obscene, vulgar, defaming, derogatory or objectionable, denigrating women or children, hurting religious sentiments and/or sentiments of any community, depicting violence and/or against the public policy of India and/or in violation of any of the applicable laws and/or shall not infringe the rights of a third person and shall not infringe copyright, right of privacy or any other rights whatsoever of any person nor violate any applicable Indian or international laws, statutes. Further, the Participant shall be solely responsible to obtain all necessary permissions, licenses, approvals, etc. as may be required prior to submitting the video and any third party claims/objections received if any shall be solely resolved by the Participant at Participant’s sole costs and consequences without involving Mondelez or the Campaign Partner in any manner whatsoever.
Mondelez and/or the Campaign Partner reserves the right to disqualify the Participant immediately if the Participant has supplied untruthful, inaccurate or misleading details and/or information, of any nature, have failed to abide by these T&Cs and/or are in breach of the T&Cs hereof.
9. MISCELLANEOUS:
(a) You agree that all decisions related to the Campaign are final and binding on You. Failure by Campaign Partner and Delivery 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.
(b) We will not be liable for any costs incurred by You in connection with Your participation in the Campaign.
(c) Announcements and information about the Campaign shall be posted on www.jio.com/CDMwishpack.
(d) For any disputes, complaints, queries pertaining to this Campaign, please reach out to us on suggestion@mdlzindia.com. Also for queries related to the product quality and product packaging the consumer has to retain the package and call 1800 22 7080 / email at suggestion@mdlzindia.com. For any queries coming from the official winners regarding the prize (smartphone and cashback) please reach out to Delivery Partner on 0804 0554 868. For any dispute complaints, queries relating to Jio Data Prizes, the same shall be addressed to the Campaign Partner on 1800 889 9999 not later than 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.
(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. Prizes are applicable only for participants who are physically located in India. No Prizes will be distributed or delivered to any person/participant located outside of India.
(g) Mondelēz or Campaign Partner or Delivery Partner (Big City) 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 Campaign Partner or Delivery Partner shall not be liable for any consequences of user error including (without limitation) costs incurred.
(h) Gift Tax, if applicable on Mobile Smartphone worth more than Rs.10,000/- will be borne by Mondelez India Foods Private Limited.
(i) Mondelēz or Campaign Partner or Delivery will not be liable if you are not able to participate in Campaign or We are not able to deliver the Prizes due to lockdown restrictions imposed by government authorities or for any other force majeure event.
10. 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. All rights, title and interests, including but not limited to the intellectual property rights, in JioEngage and MyJio shall vest solely and exclusively with the Campaign Partner 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.
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 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.
11. PERSONAL INFORMATION:
Participants participating in the Campaign may be contacted by Us or Execution Partner for collection of further details for the purpose of operating this Campaign. The Participant shall be solely responsible for any errors in such information provided. You agree that for the purpose of operating this Campaign, We and Execution Partner may need to collect personal and/or sensitive personal information (“Personal Data”) from You. Such Personal Data will be used by Us and Execution 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. In addition to the above, please visit our Privacy Notice at www.jio.com/CDMwishpack to understand why we collect your Personal Data and what we do with it. 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 we might do with your Personal Data as described in the Privacy Notice. In addition to the privacy terms under this clause, Participants who choose to participate via the MyJio App, will be subject to the MyJio App privacy terms by virtue of using that platform.
Participants shall have the right to access and correct/edit their Personal Data. We reserve the right to refuse to issue Prizes to the winners unless they provide their Personal Data necessary to release the Prize and to perform other activities to run the Campaign. In order to comply with applicable law, the names of the winners of Smartphone and Cashback Prize under this Campaign shall be posted on www.jio.com/CDMwishpack.
Participants authorize Us and campaign organizers to use the Personal Data sent to the Campaign in connection with the Campaign.
By accepting these terms and conditions you also hereby give your consent to Mondelez or any other third party nominated on its behalf to collect, record, organize, structure, store, adapt, alter, retrieve, use, align or combine, index, disclose by transmission, share with nominated third parties or carry out the necessary profiling in relation to your Personal Data that provide as part of this Program. Such data will be collected for the purpose of running the Campaign and for any additional activity as mentioned in the Privacy Notice. Mondelez 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 Mondelez’s website or by writing to the Mondelez address provided above.
12. 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 Mondelēz or Execution Partner ("Force Majeure Event"). We or Campaign Partner and Delivery 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.
13. 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.
14. 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, 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.
15. 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 Campaign Partner or Delivery Partner and any of its / their affiliates, employees or agents representing or related to Mondelez or Campaign Partner or Delivery 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 Mondelez or Campaign Partner or Delivery Partner and/ or its affiliates responsible for payment of the same and/ or any dispute arising in relation thereof.
16. SPONSOR:
Mondelez is the Sponsor for the prizes and has defined the logic and eligibility criteria for the award of Prizes to the Participants. The Campaign shall be operated by the Campaign Partner this includes maintenance of the platform, receiving entries, drawing winners as per the logic shared by Mondelez and ensuring delivery of Jio Data Prizes. The delivery of the Smartphone and Cashback will be managed by the Delivery Partner.
ANNEXURE 1
Special terms and conditions for Prizes
Special terms and conditions for BigCity Cashback
1) This BigCity Cashback (“Offer”) entitles the end user to Rs. 50 cashback on their Online Wallet or Bank Account Or UPI. The end user will be responsible for their choice of the cashback transfer method.
2) By redeeming the Offer, a participant agrees to be bound by the terms and conditions below (“Conditions”).
3) The Offer will expire on 15th May 2021. Last date to register for redeeming the Offer, on www.cadburywish.bigcityexperience.com is 30th April 2021 (“Offer Period”).
4) These Conditions apply to every person ("Participant”) redeeming the Offer given by Premier Sales Promotions Pvt Ltd. No claim shall lie for any redemption requests made after the expiry of the Offer Period.
5) Each participant can win a maximum of 1 (‘One’) BigCity Cashback Prize during the Campaign period.
6) If you are not a wallet partner registered customer, you will be required to register on the wallet partner website or Mobile App to receive your wallet cashback.
7) The customer will be responsible for entering details such as UPI ID, Account No, Online Wallet Mob Nos, etc. Premier Sales Promotions Pvt Ltd. will not be responsible for any incorrect entries or details on the promotion website. No change in details will be entertained once you have submitted the booking.
8) All Participants agree that wallet partner offering discount vouchers may at any time stipulate additional terms and conditions for redemption of the discount vouchers and such terms and conditions shall be binding on the Participants and shall apply to every redemption of recharge/discount voucher by the Participants.
9) The Wallet Partner holds the right to refuse transactions deemed fraudulent as per their policies. In the event of any fraud detection, the wallet partner reserves the right to modify/change, discontinue, terminate, and withdraw the Offer at any time during the Offer Period.
10) The Participant acknowledges that relevant state and central taxes may be deducted by the merchant while redeeming the Offer and therefore, the amount reflected in the Offer may not be the same as the final redemption value received by the Participant.
11) In no event shall Premier Sales Promotions Pvt Ltd or its partner agency be held liable for any issues relating to the redemption of the voucher including redemption request not being honoured by the wallet partner.
12) In no event shall the maximum liability exceed the value of the voucher i.e. Rs. 50.
13) Any disputes or differences in connection with the Offer shall be governed by laws of India and shall be subject to the exclusive jurisdiction of the Courts at Bengaluru.
14) The wallet partner reserves the right to restrict cashback for any account with suspicious behaviour or invalid details/credentials. The wallet partner has the right to ask for documents to prove the customer/user identity.
15) This Offer is subject to promotional availability.
16) This Offer is sponsored by Mondelez and facilitated by Premier Sales Promotions Pvt Ltd. Any dispute with regards to redemption of the Offer by a user, shall be addressed directly to the Mondelez and/or Premier Sales Promotions Pvt Ltd. Campaign Partner accepts no liability and shall not be responsible and/or liable in any manner whatsoever.
Special terms and condition for Smartphone
1) Smartphone prizes will be given subject to the winner satisfying the verification process of Mondelez mentioned hereinafter. One participant can win a maximum of 1 (‘One’) Smartphone prize during the Campaign period.
2) The smartphone prize cannot be transferred, exchanged or redeemed for cash. In the event that the winner does not take the smartphone prize in the time and manner stipulated, then the smartphone prize will be forfeited by the winner and cash will not be awarded in lieu of the prize. Smartphone prizes must be taken as offered and cannot be varied.
3) Any unused smartphone prize is not-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken in exchange for cash.
4) Mondelez shall provide the smartphone prize on an "as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and Mondelez and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any product/service and/or the smartphone prize or for any kind of consequential damages/ loss, in any manner whatsoever. If any Participant has any grievance with respect to the smartphone prize, he/she may directly contact the manufacturer.
5) The image of the smartphone prize depicted on the press ads/posters/TVC's/pack shots etc. are for illustrative purposes only and the actual smartphone prize may vary from the depiction made.
6) Mondelez or its Agencies shall not be liable for any loss or damage of the smartphone prize due to Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever for such losses.
7) Steps to be followed – For Smartphone Winner:
• Step 1: Once the Winners are selected, the Delivery Partner, shall process the gift for the winners.
• Step 2: In the event the shortlisted winner's number is busy, unreachable, or he/she does not attend the call, two (2) more attempts will be made to reach the Participant on that day and/or the next business day.
• Step 3: If even on the third attempt, the Participant does not attend the call, or is unreachable, the Participant's participation in the contest comes to an end and the Participant's entry stands cancelled and Participant becomes ineligible to receive the smartphone prize.
• Step 4: In the event the shortlisted winner attends the call on either the second or third attempt, the procedure outlined in step 5 shall apply.
• Step 5: If any shortlisted winner remains unreachable on the third attempt or is not interested in continuing in the Contest or is otherwise ineligible to participate, the Agency shall conduct up to two (2) more random selections to shortlist a Participant. If even after a third random selection, no winner is selected, no smartphone prize shall be declared in respect of the contest.
8) In case of a positive response from the shortlisted winner, each such shortlisted winner will be required to send the following documents and collateral:
a. Copy of Address proof ( Pan, Aadhar, Passport, Voters ID, Driving License)
b. Copy of Age Proof ( Pan, Aadhar, Passport, Voters ID, Driving License)
9) This will be referred to as Participation Package for the winner. The completed Participation Package needs to be sent via email or post within 48 hours of the call made by the agency OR by registered post with Acknowledgement Due to the address mentioned below or by courier so as to reach within 7 days of the call made by Agency to the selected winner:
Cadbury Dairy Milk Wish
BigCity Promotions Pvt Ltd
4th Floor, Mitra Towers
10/4 Kasturba Road
Bangalore – 560001
10) Upon receipt of the Participation Package Mondelez or its Partner Agency shall scrutinize all documents. If all the documents and the wrapper submitted are in order and valid then be treated as a Confirmed Winner.
11) No smartphone prize will be awarded if the information presented by the Participant(s) at the time of entering the contest is not factually correct.
12) In the event of death of the Confirmed Winner, no claim from the nominee or his/her legal heirs of the Confirmed Winner shall be entertained for receiving the smartphone prize.
13) This offer is sponsored by Mondelez and facilitated by Premier Sales Promotions Pvt Ltd. Any dispute with regards to redemption of the offer by a user, shall be addressed directly to the Mondelez and/or Premier Sales Promotions Pvt Ltd. Campaign Partner accepts no liability and shall not be responsible and/or liable in any manner whatsoever.
Special terms and conditions for Jio Data Prizes
1. Jio Data Prizes shall mean Additional Data Vouchers of (i) 100 MB, (i) 500 MB, (i) 1 GB, (i) 2 GB, or (v) 4 GB provided by Reliance Jio Infocomm Limited (RJIL).
2. Additional Data Voucher will get reflected in “My Winnings” tab under ‘Engage’ tab of “My Jio” 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 13th February, 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) 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. Mondelez and / or Campaign Partner shall not be held liable for the failure of a Participant to utilize their Additional Data Voucher.