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TERMS AND CONDITIONS
By submitting an entry to the Program NESTLE MUNCH presents “MUNCH Maha Fest” Program name (hereafter referred to as “Program”), it is deemed that you have acknowledged, read and understood these terms and conditions for participating in the Program which includes information on how to enter, how the winners of the Program will be determined, the prizes, and how personal data, upon participation, if required, will be collected, retained and used.
1. Before participating in the Program, please read the terms and conditions given herein. By participating in the Program, each Participant is deemed to have accepted the complete terms and conditions of this Program.
2. In case of any conflict, these Terms and conditions will be considered final and binding in all matters related to the program.
3. Eligibility:
4. Entries are required to be submitted only according to the procedure described below. Entry submitted through any other mode/platform shall not be entertained. The decision of Nestlé India shall be final, binding and non-negotiable.
5. Entries must inter alia comply with the following guidelines and Terms & Conditions:
6. All IPR rights (for the products described above) including trademark, copyright and designs used are the property of their respective owners.
7. The Program is subject to all applicable central, state and local laws and regulations.
Consumers participating or seeking to participate in the Program shall individually be referred to as "Participant" and collectively as "Participants". All Entries submitted must comply with the described Terms & Conditions
8. No charges are payable to Nestlé India or the organizers to participate in or win the Campaign
9. By participating in this Program, Participants fully and unconditionally agree to and accept these Terms and Conditions available on www.mahafest.bigcityexperience.com ("Program Website"). The decisions of Nestle India Ltd will be final and binding in all matters related to the Program. Successfully entering the Program and winning a prize is subject to all requirements set forth herein.
10. Nestle India Ltd reserves the right to exclude any person from the Program on grounds of misconduct or criminal record or for any other reasons, as it may deem fit and proper. No communication in the regards will be entertained.
11. Nestle India Ltd. reserves the right to terminate, modify or extend the Program and/or deletion or addition of any of the terms and conditions of the Promo, at any time at its absolute discretion, without advance notice and / or assigning any reason thereof. All decisions of Nestle India Ltd in respect of the Program and the prizes therein will be final, binding and conclusive.
ENTRY TO THE PROGRAM AND THE CONDITIONS THEREIN:-
1. The Program will commence from 09.00:01 AM on 10th October 2022 and end at 20:59:59 PM on 08th November 2022
2. Time of participation will be defined as the time at which the entry is received through the SMS mode of participation at Nestle India Ltd computer.
3. Entries coming outside the Program Period defined above will not be considered and will be summarily rejected
4. The program shall run on MUNCH Pack (18g) worth Rs 10.00 (incl. of all taxes). Packs other than program packs may be available, however, this program is strictly available for the program packs described above only.
5. To participate in the program, consumer should send his/her SMS Participation as below:
6. Consumer can participate maximum 3 times during the program period from one mobile number
7. Once the Winners are selected, the Partner Agency appointed by Nestle India Ltd. shall process the prize for the winner on their registered mobile number. The winners shall receive a communication on their winning mobile number within 48 business hours with reward code and a weblink. The winners will be required to visit the weblink and update their details to claim their reward.
8. For Merchandise winners: the winners will be required to upload a copy of Address proof (Electricity bill or Mobile Bill or Driving License or Voters ID) & Identity Proof (PAN Card and Aadhar Card/ ID Card).
9. For Gifts above Rs. 10,000, copy of PAN Card and Aadhar card is mandatory.
10. This will be referred to as Participation Package for the winner.
11. Upon receipt of the Participation Package (documents), Nestle India Ltd. or its Partner Agency shall scrutinize all documents. If all the documents submitted are in order and valid then the shortlisted participant will be treated as a Confirmed Winner.
12. No prize will be awarded if the information presented by the Participant(s) at the time of entering the Program is not factually correct.
13. Nestle India Ltd and the Partner Agency shall not be responsible for (including but not limited to):
For any SPAM generated messages
SMS Charges will be applicable as per your telecom partner
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 campaign
Other conditions beyond its reasonable control
14. 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 prize.
15. The Program Period is subject to change and may be extended at the absolute discretion of the organizer, i.e., Nestle India Ltd
16. By participating in the Program, each participant agrees to hold harmless Nestlé India and its affiliates, directors, officers, employees and agents, as well as all others associated with the development and execution of this Program, from and against any and all liability with respect to or in any way arising from this Program, the awarding and use, misuse or possession of the prize, including liability for personal injury, except where prohibited or limited by law.
17. Nestlé India reserves the right to change the terms and conditions of this Program and to alter or terminate the Program at any time without prior notice.
18. Nestlé India shall not be liable for any failure to comply with its obligations mentioned herein, caused by any pandemic, epidemic, weather conditions, fire, flood, hurricane, strike, war, riots, political unrest, civil commotion, terrorist attacks, or any other event amounting to Force Majeure and beyond their control
19. The Program is not available where prohibited by any law. All relevant national and local laws apply. All disputes to be settled within the jurisdiction of the Courts in Delhi only.
20. By participating in the Program, each participant specifically accepts as follows (a) that he/she has fully read and understood all the terms and conditions and be unconditionally bound by them b) that he/she satisfies the eligibility requirements under these rules c) that he/she unconditionally accepts the winner so selected d) that he/she shall honour all decisions of Nestle India with regard to the Program and its interpretation and not challenge them (e) to comply with all Central, State, Local Laws and Regulations.
PRIZES AND WINNER MANAGEMENT: -
1. Participants stand a chance to win either Rs 50 Paytm Cashback or a Grand Prize. 720 winners will be selected every day during the Program Period.
2. Winners will be selected for The Program period will run for 30 days (10/10/2022- 08/11/2022), inclusive of both dates). Therefore, there will be total of 21,600 such prizes which will be declared during the Program period.
3. Images on the promotion pack and website are for representative purpose only. The images might differ from actual product.
4. A participant, subject to valid entry, can win a maximum of 1 Reward during the program period, from a mobile number and address.
5. From the Valid Entries received during the entire program period described above, the Organizer will select 21,600 entries (in the entire promotion period) will be selected through randomizer, who will stand a chance to win Rs 50 Paytm Gift Voucher or Rs. 500 Myntra Voucher or Speakers or Laptop throughout the Promotion Period (“Winners”).
6. Winners will be selected instantly during the promotion period.
7. Winner list be available on www.mahafest.bigcityexperience.com
8. Prizes will be given subject to the winner satisfying the verification process of Nestle India Ltd
9. The Prize cannot be transferred, exchanged or redeemed for cash.
For any given day, in case there is a winner shortfall the pending numbers will be rolled over to the next day draw.
10. The last day to claim the reward on the Promo Website is 17th November 2022. In case the winner fails to claim the reward, the entry will stand forfeited after the said date.
11. In the event that the winner does not take the prize in the time and manner stipulated, then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize. Prizes must be taken as offered and cannot be varied/changed/exchanged. None of the prizes described are not-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken in exchange for cash.
12. Any unused Prizes are not-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken in exchange for cash.
13. Nestle India Ltd. shall provide the prize on an "as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and Nestle India Ltd. 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 prize or for any kind of consequential damages/ loss, in any manner whatsoever. If any Participant has any grievance with respect to the prize, he/she may directly contact the manufacturer.
14. The image of the prize depicted on the press ads/posters/TVC's/pack shots etc. are for illustrative purposes only and the actual prize may vary from the depiction made.
15. Nestle India Ltd. or its Agencies shall not be liable for any loss or damage of the prize due to Act of God, Governmental action, Force Majeure circumstances and / or any other reasons which are beyond the reasonable control of Nestle India Ltd/ its Agency, and under no circumstances, Nestle India Ltd/it’s agency shall not be liable to pay any compensation whatsoever for such losses.
16. Any participant of the Program who wins the prize during the Program Period shall not be eligible to win any further prizes.
17. The winner generation for Prizes will be done on the basis of Valid LOT NO. + Unique mobile number + Address Proof / Identity Proof.
PUBLICITY: -
The Participant/s undertake and irrevocably and unconditionally permit Nestle India Ltd. to cover the Program 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 Nestle India Ltd., participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to Nestle India Ltd. using their name and image in promotional material.
INTELLECTUAL PROPERTY: -
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 Nestle India Ltd. at all times. Nestle India Ltd. or any person or entity permitted by Nestle India Ltd. 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.
GENERAL TERMS & CONDITIONS: -
1. 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 Program 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.
2. The decision of Nestle India Ltd. or its Agency, as regards the selection of winners and distribution of the prizes shall be final, subject only to Nestle India Ltd. 's approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
3. No queries, claims, dispute, complaints or grievances shall be entertained by Nestle India Ltd. and its agency after 30 days from the date of the closure of the Program. In case of any queries during the promotion previous and/or within 30 days of promotion end date, consumer may call on 8040554837 number or drop an email to mahafest@bigcity.in. Concierge line will be open from Monday to Friday (10:30AM to 5:30PM), excluding public holidays.
4. A participant can win a maximum of 1 prize during the Program period. If a participant has won any one of the prizes, then that participant will not be eligible to win any further prizes.
5. Wherever Gift Tax is applicable, the amount will be Borne by the Nestle India Ltd.
6. The prize cannot be exchanged and is not transferable and cannot be converted into cash.
7. The Agency shall provide the prize on an "as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and Nestle India Ltd. 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 prize or for any kind of consequential damages/ loss, in any manner whatsoever. If any Participant has any grievance with respect to the prize, he/she may directly contact the manufacturer.
8. Nestle India Ltd. reserves the right to change, defer, alter or cancel this Program 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 Nestle India Ltd. in this regard and in general with respect to this Program and the terms and conditions thereto shall be final, binding and conclusive.
9. Nothing contained herein amounts to a commitment or representation by Nestle India Ltd. to conduct further Programs.
10. The decision of Nestle India Ltd. 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 Nestle India Ltd. and the Participant shall not have the authority to bind Nestle India Ltd. in any manner whatsoever.
12. Nestle India Ltd. or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents etc.
Nestle India Ltd. or its Agency shall not be liable to perform any of its/their respective obligations under the Program or in respect of the prize where it is unable to do so as a result of circumstances beyond its/their control in the nature of fire, explosions, natural calamities, state emergency, riots, or any other Force Majeure condition, etc., and shall not be liable to compensate the Participant in these circumstances.
13. Nestle India Ltd. or it’s agency shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.
14. 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 Nestle India Ltd. or its Agency.
15. Nestle India Ltd. or its agency 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. Nestle India Ltd. or it’s agency shall not be liable for any consequences of user error including (without limitation) costs incurred.
16. If a Participant is dissatisfied with the Program or the Program rules and/or any content or any requirements of the Program form, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Program.
17. If a person chooses to access the Program 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.
18. The operational part of the scheme like delivery of gift shall be managed by the Premier Sales Promotions Pvt. Ltd; However, 18g Munch Pack will be distributed through Nestle India Ltd. Distributor/dealer.
19. The participation in the Program is purely voluntary and the same shall be construed as an acceptance of the terms and conditions stipulated herein.
20. All disputes arising out of or in connection to this scheme are subject to exclusive jurisdiction of the courts in Delhi only.
TERMS AND CONDITIONS FOR PAYTM: -
1. This offer entitles the end user Rs. 50 Paytm Cash on Paytm Website/APP.
2. By redeeming the program, a participant agrees to be bound by the terms and conditions below (“Conditions”).
3. These Conditions are applicable for the offer which will be valid till 10/01/2023 (hereinafter referred to as “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 program Period.
5. The code is valid once per user.
6. Maximum of 1 code per mobile number, per Paytm registered account can be used on Paytm Promo Website per user during the promotion period.
7. Paytm code sent to the winners of Rs. 50 Paytm Cashback is redeemable at Paytm App/ Website till 10/01/2023.
8. Voucher amount credited to your Paytm Wallet can be redeemed within 30 days from date of credit and is non-transferable.
9. Offer is Valid for transactions made at www.Paytm.com or on the Paytm App.
10. The participant will be responsible for entering details of the Paytm Account. The sponsor or organizer will not be responsible for any incorrect entries or details on the promotion website.
11. If you are not a Paytm registered customer, you will be required to register on Paytm website or Paytm Mobile App to receive your Paytm cash.
12. All Participants agree that Paytm offering cashback vouchers may at any time stipulate additional terms and conditions for redemption of discount coupons and such terms and conditions shall be binding on the Participants and shall apply to every redemption of recharge/discount coupon by the Participants.
13. Paytm holds the right to refuse transactions deemed fraudulent as per Paytm policies.
14. In the event of any fraud detection Paytm reserve the right to modify/change, discontinue, terminate, withdraw the Offer at any time during the Offer Period.
15. The Participant acknowledges that relevant state and central taxes may be deducted by the merchant while redeeming the discount offer and therefore, the amount reflected in the coupon may not be the same as the final redemption value received by the Participant.
16. If the recharge is not done by Paytm within 48 hours of your completion of the transaction, then you may inform the same to Paytm by sending email to help@Paytm.com.
17. 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 coupon including redemption request not being honoured by Paytm.
18. 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.
19. Paytm reserve the right to restrict cashback for any account with suspicious behaviour or invalid details/credentials. Paytm has the right to ask for documents to prove the customer/user identity.
20. This offer is subject to promotional availability.
TERMS AND CONDITIONS FOR MYNTRA: -
PERSONAL DATA: -
By entering the Competition, you expressly agree to the Nestlé Data Policy set out at the end of these Terms. In case of any concerns pertaining to your data contact INDataPrivacy01@IN.Nestle.com and visit https://www.nestle.in/info/privacypolicy
Agreement to Terms and Conditions:
(i) By participating in this Program, Participants fully and unconditionally agree to and accept these Terms and Conditions available on www.mahafest.bigcityexperience.com (“Program Website") as well as the decisions of Nestlé India Ltd., which are final and binding in all matters related to the Program. Successfully entering the Program and winning a prize is subject to fulfillment of all terms and conditions mentioned herein.
(ii) Nestlé India reserves the right to exclude any person from the Program on grounds of misconduct or criminal record.
(iii) Nestlé India reserves the right to terminate, modify or extend the Program, at any time at its absolute discretion, without assigning any reason. All decisions of Nestlé India in respect of the Program and the prizes therein will be final and binding.
(iv) If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Nestlé India and/or its Agency, including but not limited to technical difficulties, unauthorized intervention or fraud, Nestlé India / Agency reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to invalidate any customer; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Program, as appropriate.
(v) If for any reason this Program is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond the reasonable control of Nestlé India or the Agency, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, Nestlé India Reserves the right in its sole discretion to cancel, terminate, modify or suspend the Program..
(vi) Rights to use data - By participating in this Program:
a. The participant expressly confirms and represents that he/she has read the Terms & Conditions of the Program on how to enter, and details on usage, collection, retention and sharing of personal data;
b. The participant agrees to be bound by the terms, in particular those relating to the collection, retention, use and sharing of personal data; and
c. The participant confirms that he/ she has gone through Nestlé India’s Privacy Policy – www.Nestlé.in/info/privacypolicy and that he/she has no objection in collection or processing of their data according to the manner carved out in the privacy policy.
d. The Participant’s personal data as collected by Nestlé India’s associates/partners or affiliates shall be passed to Nestlé India. The personal data shall be administered and treated under Nestlé India’s privacy and data collection guidelines. Such data collected and retained may be used by Nestlé India and or its related associates/partners/ affiliates for marketing, internal study, and data analysis purposes.
e. Nestlé India encourages participants to read the privacy notice of any such company before sharing personal data. If the Participant does not want his / her personal data to be collected by or shared with a company other than Nestlé India the Participant can always choose not to participate in such activity. If the Participant do opt-in to communications from such a company, remember that the Participant always have the right to opt-out and the Participant would need to contact that company directly to do so.
f. If Participants have any questions or comments regarding this Privacy Notice or Nestlé India’s personal data collection practices, please contact through an email Generic.INDataPrivacy01@IN.Nestlé.com
g. Nestlé India and the Agency 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 campaign
- Other conditions beyond its reasonable control
By participating in the Program, each participant agrees to hold harmless Nestlé India and its affiliates, directors, officers, employees and agents, as well as all others associated with the development and execution of this Program, from and against any and all liability with respect to or in any way arising from this Program, the awarding and use, misuse or possession of the prize, including liability for personal injury, except where prohibited or limited by law.
Announcement of Winners
