Terms & Conditions
"Breakfast in Paris” Campaign"
(For All India Except for State of Tamil Nadu)
Scope of Campaign:
This is a limited period sales contest sponsored and launched by Mondelez India Foods Private Ltd (hereinafter referred to as “Mondelez” or “Company”) for the Bournvita Biscuits of Rs.10/-, Rs.24/- & Rs.59/- only (Hereinafter referred to as “Contest”). Please read the terms and conditions (T&Cs) before participating in the contest. You agree that by participating in the contest, you will be bound by these T&Cs and you acknowledge you satisfy all contest eligibility requirements as provided herein below.
For the purpose of these T&Cs, wherever the context so requires, “You” or “Your” shall mean any natural person who is participant in the contest and “We” or “Our” shall mean Mondelez.
You need to fulfil the following eligibility criteria to participate in the contest:
This Contest is not available in the state of Tamil Nadu in view of the provisions of the Tamil Nadu Prize Scheme (Prohibition) Act, 1979.
You should be an individual legal resident of Republic of India.
You should be of an age 18 years or above at the date of participation
Our / the Brand’s employees, their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and our affiliates, advisors, advertising/contest agencies are not eligible to enter the Contest.
DETAILS OF THE CONTEST AND HOW TO ENTER:
- Participants can register to participate in the Contest by sending an SMS to 87 4305 4305.
This Contest will commence from 15th July 2018 at 12 am (IST) and end on 31st August
2018 at 11:59.59 pm (IST) ("Contest Period"). However, Mondelez/Contest Organizers
reserves right to cancel/reduce/amend/extend/ modify the Contest Period without giving
any notice/intimation to the Participants. No claims/questions shall be entertained in this
regard. Entries received before the Contest Period with Batch Number pertaining to the
promo pack, will be considered eligible for Contest.
Participation in the Contest is subject to availability of Bournvita Biscuits in the market
during the Contest Period. Mondelez or Organizer shall not held responsible for any
circumstance leading to non-availability of the product in the market. The offer will not be
applicable on any stock (with or without promo/ contest details mentioned on it) which is
sold in the market after the last date of the contest period i.e. 31 st August 2018.
If You are one of the participants who has/ve bought the Product and followed all other instructions, you will be entitled to a random draw of lots which will be carried out amongst other participants who have also fulfilled these Terms. A total of upto 51 Contest winners will be selected from the random draw of lots and will be eligible for the Contest prize.
- Mondelēz/ its Organizers will not be responsible for any NDND (National Do Not disturb) Registry regulation that will come into play. All Participants who participate will agree as per the Terms and Conditions that even if they are registered under NDNC, DND (Do Not Disturb), Mondelez/ its Organizers will have all the authority to make promotional calls for the Contest to such participants by virtue of them having voluntarily participated in the Contest. Participants expressly agree and give their consent to be contacted by organizers for this Contest purposes even if they are registered under NDNC.
- In order to be eligible for the Contest, Participant must purchase at least one unit of Bournvita Biscuits of Rs. 10/- , Rs. 24/- and Rs. 59/- before or during the Contest Period, and the order for such product should not have been cancelled by either Participant or the seller.
- The Participants can make an entry any time during the Contest Period. However Daily and Weekly winner generation will be executed, on or after 15th July, 2018 (hereinafter referred as “Contest Timings”).
- Time of participation will be defined as the time at which the entry is received through the ‘SMS’ mode of participation as per the Agency Server. Entries coming after the completion of the Contest Period will not be considered for winner selection and no communication in this regard would be entertained.
- The winners will be shortlisted from amongst the eligible Participant through computerized random selection procedure in accordance with the Terms & Conditions. Under any circumstances, there can’t be any exchange for the Prizes. No cash or any other product shall be given as replacement of Prize.
- The participants, participating from multiple mobile numbers will not be eligible for multiple daily prizes. The PAN CARD, AADHAR CARD. PASSPORT or VOTER ID CARD of the eligible participant will be the sole criteria to win a daily prize
- Once an eligible participant wins a daily prize, he/she will not be eligible to win another daily prize during the entire campaign period.
- Winner will be confirmed subject to him/her satisfying the verification process and upon submission of all relevant documents to Contest Organiser.
- The winner shall be responsible to comply with the registration process, related formalities and production of any /all such documents/information as may be required by the Company and the Contest Organiser or authorities in connection with the prize.
- The customers shall be responsible for taking delivery of the prizes from the designated locations to be communicated on prize voucher, at their cost, risk and expense and Mondelez India Foods Private Ltd and the Company and Contest Organiser shall not hold any responsibility in this regard.
- All costs, expenses and incidental costs/taxes/levies, including registration of fee, road tax, insurance of the vehicle shall be exclusively borne by the customer and no claim of any nature whatsoever will be entertained in this regard by the Company and the Contest Organiser.
- Participants having a valid PAN CARD and Government approved photo id proof (passport, voter card etc.) as on 15th July, 2018 will be eligible to participate in the Contest. The Contest is subject to all applicable central, state and local laws and regulations in India. The Contest may be terminated/ cancelled for any change in central, state and local laws and regulations in India without providing any notice period to the Participants.
- Mondelez reserves the right to exclude or disqualify any person from the Contest on grounds of: (a) misconduct or criminal record (b) tampering with the entry process or the operation of the Contest; (c) acting in violation of these T&Cs; or (d) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
- Mondelez’s decision shall be final and binding on the Participants in all matters related to the Contest.
Prizes- Participants will be chosen for the Daily and Weekly prizes of the Contest Period through a computerized random selection process.
Daily Prize - TVS Scooty Pep Plus (Redeemable Voucher worth of ex-showroom price of the basic variant of the vehicle). Additional expenditures like Registration charges, insurance charges etc. need to be borne by the winner
Mega Weekly Prizes -
A Trip to Paris for two people (3 nights and 4 days) would include the below:
- Economy class return air ticket from Mumbai and Delhi
- Hotel Accommodation for entire duration of stay in 3 Star or equivalent hotel
- Return Airport Transfers (Airport to Hotel)
- Assistance by Travel agency in obtaining Tourist Visa for Valid Passport Holders
- Breakfast for each day of stay in Hotel
For the purpose of this Scheme, Daily Prize and Weekly Prize shall mean the following:
Daily Prize -
means the prize declared by the Organizer for a particular day of the Contest Period irrespective of the day of announcement
Mega Weekly Prize -
means the prize declared by the Organizer for a particular week of the Contest Period irrespective of the day or week of announcement.
Participants shall take note of the following terms with respect to the Scheme-
- Daily and Weekly prize winner may not be selected/shortlisted/declared/published on a daily or weekly basis.
- Organizer or Mondelez reserves the right to not declare the Daily or Weekly prize winner for a particular day or week and to cumulatively declare the Daily or Weekly prize winner of that day or week on any other day or week.
- Total number of Daily and Weekly Prize winners shall be the total number of days or weeks during the Contest Period for which the valid entry is received. It shall however not mean that each day or week shall correspond to one Daily or Weekly prize winner.
Registration for the Contest:
To Participate in the Contest, Participants can register via SMS as per the process provided below:
- Upon purchasing the pack of the Bournvita Biscuits of Rs.10/-, Rs.24/- & Rs.59/-,
the Consumer will find a Code Number printed on the pack.
- Participants are required to send an SMS “Code No” to 87 4305 4305 from any
GSM or CDMA mobile phone of any mobile service provider within India.
e.g. SMS – X70221 to 87 4305 4305
- When Participant sends a SMS in valid format within the Contest Period, he/she
will receive an acknowledgement SMS response and such entries will be
considered for winner selection subject to other Terms & Conditions of the
- Standard charges for sending SMS will apply as charged by the Service Provider.
Mondelez will not be responsible for charges/ tariffs as may be charged by
telecom service providers.
The Organizers shall not be responsible for (including but not limited to):
- For any SPAM, generated messages
- For the Operator Code, not being displayed on the user’s mobile phones;
- For any SMS message delivery failures;
- Any lost, late or misdirected computer transmission or network, electronic
failures or any kind of any failure to receive entries owing to transmission failures
or due to any technical reason;
- If the participant has registered himself to the DND of the telecom provider/ the
participant has registered with National Do Not Call Registry/ Participant has
specifically requested for not receiving messages for the specific Contest;
- Other conditions beyond its reasonable control.
- A draw through computerized random selection process will be conducted for selecting winners.
- The first daily prize will be declared on or after 15th July 2018 and all the valid participants on that day and previous days will be considered together for the daily winner selection for 15th July 2018
- Daily and Weekly prize does not mean that these prizes shall be announced on daily and weekly basis. Mondelez or Organizer reserves its right to announce daily and weekly prize winner at any day or week during the Contest Period. Following are few illustrations for easy reference of participants:
Illustration 1: Organizer may announce 10 daily prizes cumulatively on or after 25th July 2018 if daily winners are announced for a period from 15th July 2018 to 24th July 2018.
Illustration 2: Organizer may announce 2 weekly prizes cumulatively on or after 29th July 2018 if weekly winners are announced for a period from 15th July 2018 to 28th July 2018.
- The daily prize winner shall be responsible to comply with the vehicle registration process, related formalities and production of any /all such documents/information as may be required by Mondelez and Contest Organiser or authorities in connection with the prize.
- The daily prize winners shall be responsible for taking delivery of the prizes from the designated locations, at their cost, risk and expense. Mondelez and Organiser shall not hold any responsibility in this regard.
- All costs, expenses and incidental costs/taxes/levies, including registration of fee, road tax, insurance of the vehicle shall be exclusively borne by the Daily Prize winners and no claim of any nature whatsoever will be entertained in this regard by Mondelez and Organiser. The customer shall deposit the tax, if any, needs to be deducted by Mondelez before handing over the gift.
- Winner selection is subjected to Organizers’ receiving valid entries. In case the entries are less than the total Daily and Weekly prizes to be given, the prizes would be declared in descending order of their value till the entries suffice.
- Prizes will be given subject to the winner satisfying the verification process of Contest.
- The Prizes cannot be transferred, exchanged or redeemed for cash. In the event that the winner does not take the Prizes in the time and manner stipulated in Prize voucher, then the Prizes will be forfeited. Prizes must be taken as mentioned in the terms and conditions and cannot be varied. Any unused Prizes are not-transferable, non-refundable and non-redeemable for other goods or services and shall not be exchanged for cash.
- The Prizes will be provided on an “as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and the Organizers, 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.
- Mondelez and/or Contest organizers are not responsible for efficiency and/ or defect of any product/service and/or the Prizes or for any kind of consequential damages/ loss, in any manner whatsoever, If any Participant has any grievance with respect to the Prizes, he/she may directly contact the manufacturer.
- The image of the Prizes depicted on the ads/posters/TVC’s/pack shots etc. are indicative only and the actual Prizes/ look of the Prizes may vary from the pictures.
- Mondelez and/or Contest organizers shall not be liable for cancellation / amendment of the Contest, any loss or damage of the Prizes on account of Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever.
- Participants who have already won any Daily Prize during the Contest Period shall not be eligible to win any further Prizes except for participation in Weekly Prizes.
- Participants who have already won any Weekly Prize during the Contest Period shall not be eligible to win any further Prizes except for participation in Daily Prizes.
- Valid entry criterion shall be a unique mobile number.
- Please retain the promo pack wrapper for validation.
Odds of Winning:
Odds of winning depend on the number of eligible entries received. Eligible entries are ones that satisfy the eligibility outlined above and follow the steps outlined in the "How to Participate" section above.
- Once the Participants are shortlisted daily and every week, the Organizers shall contact each winner on the mobile number provided by the Participant at the time of registration.
- 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 day. If even on the third attempt, the Participant does not attend the call, or is unreachable, the Participant’s participation in the Contest will come to an end and the Participant’s entry will not be considered for the Prizes.
- 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 Organizers will conduct up to two (2) more random selections to shortlist a Participant. If even after a third random selection, no winner is selected, no Prizes shall be declared in respect of that particular day or week and for the daily and weekly prizes for the Contest.
In case of all the criteria being fulfilled, following documents and collateral will be required to be sent:
- The original “Bournvita Biscuits Breakfast with Bestie” Contest Biscuit wrapper
with the Batch Number that was entered while participating in the contest
- Copy of PAN Card
- Copy of Valid Driving License or ADHAR or PASSPORT or Voter ID Card
Winners Document Submission
Verification documents will be referred to as Participation Package for the winner. The completed Participation Package needs to be sent by registered post with acknowledgement 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:
Bournvita Biscuits Contest
E-mail Id : firstname.lastname@example.org
Upon receipt of the Participation Package, Mondelez or Contest organiser shall scrutinize all contents. Once all the contents and the documents submitted are found or delivered to be in order and valid, then the shortlisted winner shall be treated as a Confirmed Winner.
The Confirmed Winners will be called up and informed about the further procedure after the above formalities are successfully completed.
No opportunity to win a Daily or Weekly prizes will be awarded if the information presented by the Participant(s) at the time of entering the Contest is not factually correct or documents submitted are insufficient.
- The cost and expenses of postage of all the required documents shall be borne by the participant only. Mondelez or the Organiser shall not be responsible for any accident or mishap or loss of the Participation Package of the participant in transit. The responsibility of ensuring that the Participation Package reaches the address as directed by Mondelez or its Organiser lies solely with the Participants.
- No justification/explanation for non-receipt of the Participation Package or any missing documents shall be accepted or entertained.
- 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 opportunity to win a brand new TVS Scooty Pep Plus.
- Names of such Confirmed Winners will also be published on www.bournvitabiscuits.com upon the aforesaid selection. Upon receipt of intimation about winning, the winner(s) shall mail the following self- attested documents to email@example.com.
- Prize shall be handed over to the Confirmed Winners within [insert number of days].
- The Participant/s undertake and irrevocably and unconditionally permit Mondelez to cover the Contest 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.
- The winners must, at the request of Mondelez, participate in all promotional activity (such as publicity and photography) free of charge, and they consent to Mondelez using their name and image in promotional material.
- Participants acknowledge that they will not receive any compensation, etc. for the use of their names and image, etc., and they hereby release Mondelez/ its Organizers from any and all claims which arise out of or are in any way connected with such use.
- All right, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all responses received 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.
- All material submitted in connection with the Contest (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.
By entering into the Contest, each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/or entering into the Contest, the Participant warrants that all information provided by Participant regarding Participant’s name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
- The decision of Mondelez or Contest Organiser, as regard the selection of winners and providing an opportunity to win a Daily and Weekly Prizes shall be final, subject only to Mondelez’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
All the disputes/complaints/queries, if any, shall be entertained only within three months of the Contest getting over. Any winner coming to Mondelez or the Organiser with any disputes/complaints/queries three months after the Contest is over shall not be considered for resolution.
- Mondelez reserves the right to change, defer, alter or cancel this Contest in part or full, or change any or all of the Terms and Conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Any decision of Mondelez in this regard and in general with respect to this Contest and the Terms and Conditions thereto shall be final, binding and non-Promotional.
- Nothing contained herein amounts to a commitment or representation by Mondelez to conduct further Contest.
- The decision of Mondelez shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between any Participant and Mondelez and the Participant shall not have the authority to bind Mondelez in any manner whatsoever.
- Mondelez or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents and / or original Bournvita Biscuits promo wrappers, etc.
- Mondelez or Contest organiser shall not be liable to perform any of its/their respective obligations under the Contest or in respect of the opportunity to win a Daily and Weekly Prizes 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. Mondelez shall not be accountable/liable for any disruptions / stoppages / interruptions or cancellation of the Contest due to any government restrictions.
- 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 Mondelez or its Organiser.
- Mondelez accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, loss of SMS, loss of internet connectivity, lot number, 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. Mondelez shall not be liable for any consequences of user error including (without limitation) costs incurred.
- If a Participant is dissatisfied with the Contest or the Contest rules and/or any content or any requirements of the Contest form, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Contest.
- If a person chooses to access the Contest Website 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.
Release and Limitations of Liability
- Mondelez and the Organiser 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 acceptance of opportunity to win a Daily and Weekly Prizes.
- This Contest is being made organised on a "best effort" basis and participating in this Contest is voluntary. By entering into the Contest, the Participant hereby releases from and agrees to indemnify Mondelez, and/ or any of its respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of winning a Daily and Weekly Prizes or participation in the Promo 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.
- Mondelez and the Organiser accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, Agency or third parties in relation to the opportunity to meet & greet.
- The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Contest by conducting an illegal act. Participant also undertakes to indemnify Mondelez and/or the Organiser and 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 Mondelez or the Organiser on account of such act on the part of the Participant.
- In consideration of Mondelez allowing the Participant/s to take part in the Contest, 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 Mondelez, its 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 Contest or related to the Contest or the opportunity to win a Daily and Weekly Prizes.
- The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Contest. Participation in the Contest is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including (without limitation) this clause.
- Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participants and/or Mondelez and/or Partners of this Promo, shall be governed and construed in accordance with the laws of the Republic of India.
This Contest 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 Mondelez or Contest organiser ("Force Majeure Event"). Mondelez shall be not liable for any delay or adverse effect caused to the participants in the Contest including the winners as a result of a Force Majeure Event.
Mondelez India Foods Private Limited is a Sponsor for the Contest prizes and its liability as sponsor shall be limited to funding of the prizes set out in these terms. Contest Organizer shall be solely liable for selection of winner and distribution of prizes and overall operation of the Contest.