Terms & Conditions

Bournvita Biscuits “No More Excuses” Campaign

Scope of Campaign

This is a limited period contest sponsored and launched by Mondelez India Foods Private Ltd (hereinafter referred to as “Mondelez” or “Company”) for the Bournvita Biscuits (Hereinafter referred to as “Contest”).

Either parent of children in the age group of 6 to 14 years can only participate in the contest.

The participants will have to enter the most creative & funny excuse they have heard from their child during their efforts to make the child eat in the morning. Participants can register to participate either by giving a MISSED CALL to +91 8925 006 006 or send the entry as an SMS to the same number. The winner parent will get to feature his/her child (In the age group of 6 to 14 years) in an advertisement of BournVita Biscuits, that will be available in Social Media Platforms. Only one child will be featured in the advertisement.

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.

Eligibility:

You need to fulfil the following eligibility criteria to participate in the contest:

i. You should be an individual legal resident of Republic of India.

ii. 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:

1. Participants can register to participate in the Contest by either sending an SMS or giving a MISSED CALL to +91 8925 006 006 .

2. The Participants will have to enter the most creative & funny excuse they have heard from their child during their efforts to make the child eat in the morning.

3. The entry from the participants will have to be in English or Hindi only.

4. This Contest will commence from 19th April 2019 at 9 am (IST) and end on 17th May 2019 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.

5. 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.

6. The Participants can make an entry any time during the Contest Period. However the winner selection will be initiated, on or after 30th April 2019 (hereinafter referred as “Contest Timings”).

7. Time of participation will be defined as the time at which the entry is received through the Missed Call or ‘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.

8. There will be only one winner & the winner will be shortlisted from amongst the eligible Participants based on the most appropriate answers given by any participants 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 are allowed to make multiple entries during the contest period.9. Winner will be confirmed subject to him/her satisfying the verification process and upon submission of all relevant documents to Contest Organiser.

10. 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.

11. All costs, expenses and incidental costs/taxes/levies 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.

12. Participants having a valid PAN CARD and Government approved photo id proof (passport, voter card etc.) as on 1st January 2019 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.

13. 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.

14. Mondelez’s decision shall be final and binding on the Participants in all matters related to the Contest.

Prizes :

The winner will get to feature one child in an advertisement of BournVita Biscuits, that will be available in Social Media Platforms. Participants will be chosen for the prize during the entire Contest Period based on the most appropriate answers given by any participants in accordance with the Terms & Conditions.

15. Registration for the Contest:

To Participate in the Contest, Participants can register via SMS as per the process provided below:

i. Campaign number 8925 006 006 will be published on various social media platform

to make the consumer aware about it

ii. Participants are required to send their interesting excuses through an SMS to

8925 006 006 from any GSM or CDMA mobile phone of any mobile service

provider within India or give a MISSED CALL to 8925 006 006

iii. When Participant gives a MISSED CALL to 8925 006 006 within the Contest Period, he/she will receive a call back & will get an opportunity to record their entry. Also he/she will get an acknowledgement SMS response and such entries will be considered for winner selection subject to other Terms & Conditions of the Contest.

iv. 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 Contest.

v. 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.

1 6. The Organizers shall not be responsible for (including but not limited to):

i. For any SPAM, generated messages

ii. For the Operator Code, not being displayed on the user’s mobile phones;

iii. For any SMS message delivery failures;

iv. 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;

v. 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;

vi. Other conditions beyond its reasonable control.

17. Winner Selection

i. From the entire campaign duration, 10 best entries will be shortlisted for the final selection and out of that ONE will be selection as the final winner of this promotion

ii.The Winner will be selected by a panel constituted by Mondelez from the list of eligible entries as per the Terms & Conditions. The decision of Mondelez is final & binding.

iii. All costs, expenses related to travelling and lodging etc. and incidental costs/taxes/levies, shall be exclusively borne by the winner and no claim of any nature whatsoever will be entertained in this regard by Mondelez and Organiser.

iv. Prize will be given subject to the winner satisfying the verification process of Contest.

v. 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, then the Prize will be forfeited. Prize must be availed as mentioned in the terms and conditions and cannot be varied.

vi. Mondelez and/or Contest organizers shall not be liable for cancellation / amendment of the Contest, any loss or damage on account of Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever.

18.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 Enter" section above.

19.Contacting Winner

i. Once the winner Participant is shortlisted, the Organizers shall contact the shortlisted on the mobile number provided by the Participant at the time of registration.

ii. 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.

20. Verification documents:

In case of all the criteria being fulfilled, following documents and collateral will be required to be sent:

• Copy of PAN Card / Valid Driving License or ADHAR or PASSPORT or Voter ID Card

  • Photographs & ID Proofs of the Participant & Child

21. Winner 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 : bournvitabiscuits@gmail.com

ii. 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 winner will be further decided from the shortlisted document verified participants.

iii. The Confirmed Winner will be called up and informed about the further procedure after the above formalities are successfully completed.

iv. No opportunity to win 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.

v. 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.

vi. No justification/explanation for non-receipt of the Participation Package or any missing documents shall be accepted or entertained.

vii. 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.

22. Winner Announcement

i. Name of the Confirmed Winner 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 bournvitabiscuits@gmail.com.

23. Publicity

i. 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.

ii. The Winner 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.

iii. 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.

24. Intellectual Property

i. 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.

ii. 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.

25. General Conditions

i. 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.

ii. The decision of Mondelez or Contest Organiser, as regard the selection of Winner and providing an opportunity to win a Prize shall be final, subject only to Mondelez’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained.

iii. 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.

iv. 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.

v. Nothing contained herein amounts to a commitment or representation by Mondelez to conduct further Contest.

vi. 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.

vii. 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.

viii. 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 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, 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.

ix. 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.

x. 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.

xi. 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.

xii. 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.

26. Release and Limitations of Liability

i. 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 Prize.

ii. 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 Prize 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.

iii. 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.

iv. 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.

v. 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 Prize.

27. Dispute

i. 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.

ii. 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.

28. Force Majeure

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 Winner as a result of a Force Majeure Event.

29. Sponsor:

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 overall operation of the Contest.