Terms and Conditions for KITKAT Dessert Delight- Amazon Prime Promo
(Consumer Benefit Program)
By submitting an entry to the Program “KITKAT Dessert Delight Amazon Prime Promo” it is deemed that you have acknowledged, read and understood these terms and conditions for participating in the program “KITKAT Dessert Delight Amazon Prime Promo” 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. Program Details, Concept and Participation:
(i) These terms and conditions apply to KITKAT Dessert Delight Amazon Prime promo Consumer Benefit Program (hereinafter referred to as "Program") for voluntary participation of consumers, sponsored and launched by Nestlé India Limited (Nestlé India), having its registered office at 100 / 101, World Trade Centre, Barakhamba Lane, New Delhi – 110 001 and conducted by Big City, having its office at 4th Floor Mitra Towers, 10/4 Kasturba Road, Bangalore 560001 (hereinafter referred to as “Agency”) wherein consumers can participate by sending an SMS of the 10 digit alphanumeric Lot No. (herein referred to as the “Code”)printed on the back panel of the KITKAT Dessert Delight 50g packs (hereinafter referred to as the “Program Pack”).
(ii) The Program is valid only in India from 20/10/2020 to 28/11/2020 (herein after referred as "Program Period"). The Program is valid throughout India (except the State of Tamil Nadu). The Program is open to Citizens of India only.
(iii) During the Program Period Amazon Prime subscription of 1-year worth Rs. 999/- shall be awarded to winners who will be selected for every 5 minutes in a day. A total of 144 such winners will be drawn every day, one for every 5 minutes of the 12-hour Program period between 9 AM and 9 PM.
(iv) Participants can win each prize only once using a particular mobile number. For the sake of clarity, it is reiterated that Participants will be eligible to win a maximum of one Amazon Prime (1 year subscription) voucher using a single mobile number throughout the Campaign Period.
(v) Subject to clause 1 (iv), the Participants residing in a particular address will be eligible to win only each prize once. That is each address can maximum win one Amazon Prime (1 year subscription) voucher. These restrictions are kept to ensure that maximum number of consumers have a chance to win the Prizes and benefit from this Campaign during the Campaign Period
(vi) The Program period starts from 20th October 2020 and shall be valid till 28th November 2020. If the customer has bought a pack before 20th October 2020, then customer will not be eligible for participation in the Program until the start of Program Period (20th October 2020). All participation prior to the Program Period and after the end date of the Program Period will be considered as ineligible and will be summarily rejected.
(vii) The Program is subject to all applicable central, state and local laws and regulations.
(viii) Consumers participating or seeking to participate in the Program shall individually be referred to as "Participant" and collectively as "Participants".
(ix) Regular call and message rates will apply as per the consumer telecom operator in their respective circle.
(x) The Amazon Prime voucher can only be used only for new Amazon Prime subscription and cannot be used to extend validity of existing Amazon Prime subscription
(xi) Winner will have to log in to their Amazon Prime account/create a new account in order to be able to claim the Amazon Prime subscription
(xii) Nestlé India / its Agency reserves right to cancel / amend / extend the Program Period without giving any notice/intimation. No claims/questions shall be entertained in this regard.
2. 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.kkdd.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 corrupts or affects 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
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
(i) This Program will be open to all the residents of India with the exception of State of Tamil Nadu and the phone numbers belonging to the state of Tamil Nadu telecom circle, employees, their immediate family members, agents, distributors, retailers and any other channel partner of Nestlé India and the Agency.
(ii) Nestlé India or the Agency will not be responsible for any NDNC (National Do Not Call) 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), Nestlé India or the Agency will have all the authority to call such shortlisted winners by virtue of them having voluntarily participated in the Program.
4. Program Timings:
(i) The Participants who send the valid and correct SMS between 9AM to 9PM (here in after referred as "Program Timings") during the Program Period are eligible to participate in the Program.
(ii) Time of participation will be defined as the time at which the entry is received through the SMS mode of participation at Agency’s computer system.
(iii) Entries coming outside the Program Period & Program Timings will not be considered for winner selection.
(iv) The Program is applicable on specific packs of KITKAT Dessert Delight 50g only (Program Pack)
144 Winners will be chosen from amongst all Participants in a day (9 AM to 9 PM) every day, during the Program Period. They will be eligible for a FREE Amazon Prime subscription of 1-year worth Rs. 999/-. Participants will be chosen through a computerized, scientific random selection by the Agency appointed by Nestlé India.
6. How to Participate:
To participate in the Program, Participants are required to send an SMS:
(i) As a first step, Participants are required to send an SMS with 10-digit valid Lot No. Code printed on the back panel of the Promo Pack from any GSM or CDMA mobile phone.
e.g. DESSERT<SPACE>LOT NO. to 9902391200.
(ii) After sending the SMS, Participant will get a confirmation through an SMS about their participation.
(iii) 1 Code can be redeemed only once. Maximum of 1 redemption for a single mobile number and Amazon Prime Account. A Code shall only be valid for one-time participation.
(iv) Selection of Winner shall be subject to fulfillment of all terms and conditions of the Program
7. Winner Selection:
Prize every 5 minute
(i) A draw through random scientific selection will be conducted every day for the previous day’s entries for selection on the winners
(ii) A total of 144 winners will be selected and 1 winner will be selected every 5 minutes between 9AM to 9PM (i.e. 144 Winners for 720 Minutes) through a scientific random method from the overall pool of entries received the previous day. In case there is no entry received for any minute, winner for that minute will be selected from the overall pool of entries received the previous day
(iii) Prizes will be given subject to the winner satisfying the verification process of NESTLÉ INDIA LTD. or the Partner Agency.
(iv) Participants have a chance to win 1 time only from a single mobile number and single Amazon Prime Account.
(v) The list of winners will be generated on the basis of Valid Code and mobile number
(vi) Nestlé India Ltd. and Partner Agency shall have a right to ask for the original packs in case of any query raised by the Participants during the Program Period, non – submission of which shall render the Participant as not eligible to participate in the Program.
8. Contacting Winners:
(i) Once the Winners are selected, the Partner Agency appointed by Nestlé India shall process the Amazon Prime Membership voucher to the registered mobile number within 48 working hours excluding public holidays and Saturday & Sundays. Winners will also get a confirmatory message of having won the Prize every 5 minute.
(ii) Nestlé India at its discretion may ask the Winners to furnish the any or all of the following documents:
a. Aadhar, Election ID Card, Passport, Driving License or similar government ID
b. Winners will be required to retain and furnish on demand the wrapper of the pack with the winning code.
c. Winners will be required to furnish a proof of ownership of participating mobile number (Mobile bill or a letter from their Network service provider clearly stating the mobile number, their name, address etc.)
d. Identification details (Name) on the identification document furnished should match the same on Mobile Bill / Letter furnished by network service provider
e. In case the winner is less than 18 years of age, the Amazon Prime Membership voucher of 1-year worth Rs. 999/- will be disbursed to legal guardian / Parent. An undertaking, as well as valid proof for establishing Parent / Legal Guardian Status will then be needed. Parent / Legal guardian will also be required to submit a valid PAN Card.
f. Eligibility will be scrutinized by an independent auditor, and Agency will contact the winner once documents furnished are scrutinized and found to be acceptable.
g. In case any one of the above documents are not available for any reason, the Nestlé India / Agency reserves the right to take a decision basis the availability of other documents. This decision will be final and binding.
(i) The Participant/s undertake and irrevocably and unconditionally permit Nestlé India 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.
(ii) The winners must, at the request of Nestlé India participate in all Program activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to Nestlé India using their name and image in Program material.
10. Intellectual Property:
(i) All right, title and interest, including but not limited to the Intellectual Property Rights, in the Program material(s) and in any and all responses received shall vest solely and exclusively with Nestlé India at all times. Nestlé India or any person or entity permitted by Nestlé India in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future Program, marketing, publicity and any other purpose, without any permission and or payment to the Participant.
(ii) All material submitted in connection with the Program (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 Nestlé India upon submission and become the property of Nestlé India exclusively. Nestlé India may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Nestlé India.
11. General Conditions
(i) 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.
(ii) The decision of Nestlé India or its Agency, as regards the selection of winners and distribution of the prizes shall be final, subject only to Nestlé India's approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
(iii) No queries, claims, dispute, complaints or grievances shall be entertained by Nestlé India and its Agency after 30 days from the date of the closure of the Program.
(iv) The prize cannot be exchanged and is not transferable and cannot be converted into cash.
(v) Nestlé India 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 Nestlé India in this regard and in general with respect to this Program and the terms and conditions thereto shall be final, binding and non-negotiable.
(vi) Nothing contained herein amounts to a commitment or representation by Nestlé India to conduct further Programs.
(vii) The decision of Nestlé India 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 Partner Agency between any Participant and Nestlé India and the Participant shall not have the authority to bind Nestlé India in any manner whatsoever
(viii) Nestlé India or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents etc.
(ix) Nestlé India 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.
(x)Nestlé India or its Agency shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.
(xi) 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 Nestlé India or its Agency.
(xii) Nestlé India 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. Nestlé India or it’s Agency shall not be liable for any consequences of user error including (without limitation) costs incurred.
(xiii) 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.
(xiv) 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.
(xv) The operational part of the Program like sending Amazon Prime vouchers shall be managed by Agency
(xvi) The participation in the Program is purely voluntary and the same shall be construed as an acceptance of the terms and conditions stipulated herein.
(xxiii)To participate in this Program Regular call and message rates apply
(xxiv)To participate in this Program, Standard fair usage policy and usage norms set by the respective telecom operator apply
(xxv)The Program is subject to the guidelines/directions issued by the Telecom Regulatory Authority of India, Department of Telecommunications, and any governmental or statutory authority as may be applicable from time to time.
(xxix) In case of queries, consumers can reach out to Partner Agency on 08040554863 from Monday to Saturday, 10:30 AM to 5:30 PM. Lines will be closed on public and bank holidays. Standard calling rates apply.
(xxxi) The Agency is not responsible for Non-Delivery or receipt of an SMS by their servers or on the end user’s device due to customer handset issues, network issues or due to any issues at cellular operator’s end. By participating in this program, the customer understands that all such queries are to be directed to their current service provider directly and not hold Agency or Nestlé India responsible for the same.
12. Release and Limitations of Liability:
(i) Nestlé India and its Agency 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 any prize.
(ii) By entering the Program the Participant hereby releases from and agrees to indemnify Nestlé India 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 Program 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) Nestlé India and its Agency 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 prizes.
(iv) The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Program by conducting an illegal act. Participant also undertakes to indemnify Nestlé India and/or its Agency 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 Nestlé India or its Agency on account of such act on the part of the Participant.
(v) In consideration of Nestlé India allowing the Participant/s to take part in the Program, 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 Nestlé India 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 Program or related to the Program or the prize of the Program.
(i) The courts of competent jurisdiction at DELHI shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Program. Participation in the Program 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 Nestlé India and/or its Agency of this Program, shall be governed and construed in accordance with the laws of the Republic of India.