TERMS AND CONDITIONS
PERK OUTER TRADE CAMPAIGN
This Perk Outer Trade 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, Parel, Mumbai- 400 013. Please read these terms and conditions ("T&Cs") before participating in this Campaign.
Participation in this Campaign is voluntary. You agree that, if you chose to participate in this Campaign, you will be bound by these T&Cs and you acknowledge that you satisfy all Campaign eligibility requirements as provided herein below.
Mondelez India Foods Private Limited has engaged Premier Sales Promotions Private Limited (Big City) to organize and run the Campaign (hereinafter referred to as “Campaign Organiser”)
For the purposes of these T&Cs, wherever the context so requires "You" or "Your" shall mean any retailer who is a participant in the Campaign and "We" or "Our" or “Mondelez” shall mean Mondelez India Foods Private Limited.
You need to fulfil the following eligibility criteria to participate in the Campaign:
(i) You need to be a natural person acting for purpose outside Your business or profession;
(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 fulfils the eligibility criterial to participate in the Campaign shall individually referred to as “Participant” and collectively “Participants”.
This Campaign is not available in the state of Tamil Nadu in view of the provisions of the Tamil Nadu Prize Scheme (Prohibition) Act, 1979.
Our / Campaign Organiser’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.
This Campaign for the retailers shall also be referred to as “Perk Outer Trade Promo”.
Only ‘retailers and/or wholesalers’ are eligible to participate in this campaign; end consumers are not.
2.1. Retailer can participate in the Perk Outer Trade Promo by following the following instructions-
To participate: SMS in the below format to 9902391200
SMS Format: PERK <Space> UNIQUE CODE
There are total of up to 12302 Prizes that will be funded by Mondelez under this Perk Outer Trade Retailer Promo, a maximum of one Prize for each participant who is 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 letter agreement. Subject to these T&Cs, the winner’s Prize will be delivered to the winners by Campaign Organiser. Participants shall be eligible to win the following Prizes-
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 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.
Participants should note that:
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.
(1) The Winners for the Campaign will be selected in the following :
(2) Selected Participants who have won shall be contacted by the Campaign Organisers through SMS / Call as the case may be.
(3) Selected Participants (for Cashback Prize of Rs. 20000) will be required to respond to confirm eligibility, acceptance of the Prize and to provide verification documents within 2 days of initial contact. In the event that the selected Participant does not respond to communications within 2 days of initial contact, the Organizer reserves the right to disqualify that winner and to re-allocate that Prize. Selected Participants will be required to share the verification documents as provided below-
(4) Selected Participants will be confirmed as winners subject to him/her satisfying the verification process and upon submission of all relevant documents to Campaign Organiser. Verification Documents shall be submitted by the selected Participants by email at email@example.com. The cost and expenses of postage of all the verification documents shall be borne by the Participant only. Mondelez or the Campaign Organiser 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 Organiser lies solely with the Participants.
(5) 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 Organiser, 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 commercialisation of the Prize and/or any element thereof is strictly prohibited.
(6) Only one person shall be eligible to win one (1) Prize throughout the Campaign Period. Once an eligible participant wins a Prize, he/she will not be eligible to win another Prize during the entire Campaign Period.
(7) All applicable taxes resulting from acceptance of Prize(s) shall be the responsibility of winner.
(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) for example, registration and insurance requirement for vehicles, 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 Organiser 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 Organiser 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.
Once confirmed, the winners' will be announced by Campaign Organiser through https://perkcontest.bigcityexperience.com within 60 days of completion of the Campaign.
(i) Prize will be delivered within 45 business days after the details have been confirmed by the winner.
(ii) Campaign Organiser will ensure to supply the Prizes in good condition. However, Campaign Organiser & Mondelez 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.
(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 Big City. 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, Campaign Organiser 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 Product 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 Organiser will not be liable to dispatch the product again.
(v) Product once delivered cannot be replaced under any circumstances.
(vi) The decision of Campaign Organiser, as regards the selection of winners and distribution of the prizes shall be final, subject only to Mondel?z 's approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
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 will not be responsible for: (a) any SPAM generated messages; (b) any SMS message delivery failures; (c) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by You or by any of the equipment or programming associated with or utilized in the Campaign, or by any technical or human error that may occur in the processing of entries; (d) any printing or typographical errors in any materials associated with the Campaign; (e) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website; (f) injury or damage to Your or any other computer or mobile resulting from downloading any materials in connection with the Campaign; (g) other conditions beyond Our reasonable control.
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 e-mail account used to enter the Campaign at the actual time of entry will be deemed to be the participant and must comply with these T&Cs in the event of a dispute as to entries submitted by multiple users having the same e-mail account. The authorized account subscriber is the natural person who is assigned an e-mail address by an internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domains associated with the submitted e-mail addresses. 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.
Gift Tax, if applicable for prize worth more than Rs.10,000/- will be borne by Mondelez India Foods Private Limited.
All right, title and interest, including but not limited to the intellectual property rights, in the promotional material(s) and all Campaign related material shall vest solely and exclusively with Mondelez at all times. Mondelez or any person or entity permitted by Mondelez in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.
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.
Participants who have won any Prizes under the Campaign may be contacted by the Campaign Organizer for collection of further details to ensure delivery of the Prize and such Prize shall only be provided if the necessary information as requested for by the Campaign Organizer has been provided. The participant shall be solely responsible for any errors in such information provided. You agree that for the purpose of processing any Prize, the Campaign Organizer may need to collect personal and/or sensitive personal information (“Personal Information”) from the winning participant to ensure delivery of the relevant Prize. Such Personal Information shall only be used by the Campaign Organizer for the purpose of operating this Campaign exclusively and for no other purpose. Providing Personal Information is voluntary; however, failure to provide such data shall result the impossibility to participate in the Campaign. Participants eligible for a Prize give their consent to the collection and processing of such Personal Information.
Participants shall have the right to access and correct/edit their Personal Information. We reserve the right to refuse to issue Prizes to the winners unless they provide their Personal Information necessary to release the Prize and to perform other activities applicable under the law. In order to comply with applicable law, the names (if applicable) of the winners of any Prize under this Campaign shall be posted on http://www.cadburydairymilkpromo.bigcityexperience.com
Participants authorize us and Campaign Organiser to use the personal data sent to the Campaign in connection with the Campaign.
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 Mondel?z or Campaign Organiser (" Force Majeure Event"). We or Campaign Organiser 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.
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.
By participating in the Campaign, you give Mondel?z 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.
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 Organiser and any of its / their affiliates, employees or agents representing or related to Mondelez or Campaign Organiser 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 Organiser and/ or its affiliates responsible for payment of the same and/ or any dispute arising in relation thereof.
We are the Sponsor for the Prizes and out liability as sponsor shall be limited to funding of the Prizes set out in these T&Cs. The Campaign shall be operated and conducted by the Campaign Organiser and shall administer all the necessary formalities and procedures to give effect to this Campaign.
TERMS AND CONDITIONS – CASHBACK