PROGAM DETAILS, CONCEPT AND PARTICIPATION
i) These terms and conditions apply to the " Nestle Maggi Har 2-minute mein Khushiyan " (hereinafter referred to as "Program") sponsored by Nestle India Limited (hereinafter referred to as "Nestle") wherein consumers can participate, voluntarily, by their own free choice by buying any MAGGI Noodles promotional pack (as defined later) and thereafter by sending the Lot Number (Lot No.) which has “WIN” as the last 3 letters, appearing on the purchased pack, via an SMS (to 58558) or by logging on to www.maggi.in/maggipromo. These terms and conditions are specific to Tamil Nadu (hereinafter referred to as TN).
(ii) The Program is subject to all applicable central and state laws and regulations.
(iii) The prizes will be as per the matrix below and the winners will be shortlisted on a random, scientific basis. Nestle, at its discretion, will decide the type of daily prizes to be given to winners. Under any circumstances, there cannot be any exchange between the prizes. There are two main types of prizes based on the frequency of draws for them:
- Daily Prizes
- Monthly Prizes
(iv) Prize Matrix
Category Of Prize
Kitchen Hand Blender
Non Stick Pan
Non Stick Wok
Chip n Dip set
Salad Bowl set
Kitchen Container Sets
AGREEMENT TO TERMS AND CONDITIONS:
(i) By participating in this program through any of the means available (SMS, & Online participation), participants fully and unconditionally agree to accept and abide by these Terms and Conditions available and given on www.maggi.in/maggipromo. ("Program Website") as well as the decisions of Nestle, which are 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.
(ii) Nestle reserves the right to exclude any person from the program at any time on the grounds of him being the subject of criminal investigation or due to misconduct or criminal record or conviction of any crime.
(iii) Nestle reserves the right to terminate, modify or extend the Program, at any time at its absolute discretion, without assigning any reason whatsoever. All decisions of Nestle in respect of the Program and the prizes therein shall be final and binding.
(i) This program will be open to all the citizens of India with the exception of Nestle employees and their families, Nestle agents, distributors, retailers, other channel partners and the employees and their families of the partner agency Premier Sales Promotion Pvt. Ltd., (hereinafter referred to as "Agency/ Partner Agency"), which is executing the program on behalf of Nestle.
(ii) Participation by people below 18 years of age shall be allowed subject to their parents' or guardians' consent and subject to the parents' or guardians' providing the necessary documentation on behalf of the minor. In such a case, the parent (s) or legal guardian of the minor may redeem the prize at their own cost by submitting/ executing the documents as required.
(iii) In order to be eligible for the prize, the participant must have a valid photo ID Proof, Address Proof and the wrapper of the original MAGGI Noodles pack that was used to take part in the program (with the Lot Number (Lot No.) clearly visible.
(iv) Nestle or its partner agency for the program, will not be responsible for any NDNC (National Do Not Call) Registry regulation that comes into play. All participants who participate hereby agree and give express assent to Nestle or its partner agency for the program that even if they are registered under NDNC, DND (Do Not Disturb), Nestle or its partner agency for the program, will have the valid authority to call such shortlisted participants, by virtue of them having voluntarily participated in the program.
(v) People participating or seeking to participate in the Program shall individually be referred to as "Participant" and collectively as "Participants".
PROGRAM PERIOD AND PROMOTIONAL PACKS:
(i) The program will commence on 15th December, 2013 i.e. the selection of winners will start from 15th December, 2013 and end on 15th March, 2014 (“Program Period”). 720 winners shall be selected on a daily basis during the Program Period. However codes on packs purchased before the Program Period and entered by the Participants will also be considered for selection of winners on the first day of the Program Period i.e. 15th December, 2013.
(ii) This program shall run across all the following packs of MAGGI 2-Minute Noodles (“promotional packs”):
- MAGGI 2-Minute Noodles Masala 35g
- MAGGI 2-Minute Noodles Masala 70g
- MAGGI 2-Minute Noodles Masala 140g
- MAGGI 2-Minute Noodles Masala 280g
- MAGGI 2-Minute Noodles Masala 420g
- MAGGI 2-Minute Noodles Masala 560g
- MAGGI 2-Minute Noodles Masala 840g
- MAGGI 2-Minute Noodles Vegetable Atta 80g
- MAGGI 2-Minute Noodles Vegetable Atta 320g
- MAGGI 2-Minute Noodles Magical Masala 72g
- MAGGI 2-Minute Noodles Hungrooo 105g
- MAGGI 2-Minute Noodles Hungrooo 420g
- MAGGI 2-Minute Noodles Chicken 76g
- MAGGI 2-Minute Noodles Chicken 152g
- MAGGI 2-Minute Noodles Chicken 304g
(iii) The Participants can make an entry at any time during the Program Period i.e. choose the day when he/she wishes to participate during the Program Period, irrespective of the date of purchase of pack.
(iv) Time of participation will be defined as the time at which the entry is received through SMS or/online participation.
(v) The manner of selecting the winning entry is described under the Clause of "Winner Selection".
HOW TO PARTICIPATE:
To participate in the Program, the consumers must purchase the MAGGI Noodle promotional pack with the program promo on it and look for the alphanumeric Lot Number (Lot No.) printed on the pack. Next, they may choose either of the following routes to participate in the Program:
The SMS Route:
(i) As a first step, the Participants are required to SMS MAGGI followed by the alphanumeric Lot Number (Lot No.), printed on the MAGGI Noodles promotional pack to 58558 from any GSM or CDMA mobile phone during the Program Period.
(ii) After the participants SMS MAGGI followed by the alphanumeric Lot Number (Lot No.), printed outside the MAGGI Noodles wrapper to the 5 digit short code, 58558 from any GSM or CDMA mobile phone during the Contest Period they will get a Multiple Choice Question to answer via an SMS response.
(iii) The participants will be required to send MAGGI followed by their answer (A, B or C) via SMS to 58558. On sending the correct answer the Participant can participate in the contest.
(iv) If the participant does not send the SMS as per the format described or as per the instructions on the MAGGI Noodles promotional pack, he/she will receive a SMS response stating the reasons for invalidity of the entry. If the participant does not send the correct answer, he/she shall receive a SMS response stating the invalidity of the answer.
(vi) If an SMS is received after completion of the Program Period, the participant will receive a message explaining to him that the program period is over and therefore no entries can be entertained, after the program period. This will apply only for 7 days after the last date of the Program Period after which even if a Participant sends the SMS as per the instructions on the pack, the participant shall not receive any response.
(vii) If the participant sends a valid SMS and answers the question asked correctly within the Program Period, he/she will receive a valid response via SMS and such entries will be considered for winner selection on a country wide basis. Details on how this will happen are described under "Winner Selection".
(viii) The participant shall have to pay premium charges of to their respective telecom service providers for sending the SMS to 58558.
(ix) A single Lot No. shall be considered as valid entry from a single mobile number. That Lot No. cannot be used by that mobile number for another entry for that day. However, multiple Lot Nos. can be registered from one mobile number per day.
(x) If the participant sends SMS in incorrect format prefixed with MAGGI, participant will be asked to resend the correct alphanumeric Lot Number (Lot No.)
Nestle and the Partner 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 reasons and
- 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
The Online Route:
(i) The participant can also log on to http://www.maggi.in/maggipromo and follow instructions on the website to participate in the Program.
(ii) The participant will be required to enter the alphanumeric Lot Number (Lot No.) given on the MAGGI Noodles promotional pack, as per instructions on the website and their mobile number in the format mentioned therein.
(iii) There will be no charges for entries made online other than the charge to respective Internet Service Providers for the internet usage.
(iv) If the participant logs on to the website after completion of the Program Period, the Participant will be shown a message informing them that the Program is over and that their entry will not be entertained for winner selection; this response message will be shown only for 7 days after the completion of the Program Period.
(v) If the participant enters an invalid alphanumeric Lot Number (Lot No.), the participant will be asked to re-enter the correct alphanumeric Lot Number (Lot No.). The entry will not be entertained till it is entered in the prescribed format on the Program Website.
(i) A draw through a random, scientific basis shall be conducted each day from amongst all valid entries received via SMS and online between 00:00 hrs. and 23:59 hrs. of the previous day during the Program Period to select the daily winners. The distribution of the prizes for the daily winners shall be as follows:
- 1 (one) selected winner shall win 1 (one) tablet; and
- 1 (one) selected winner shall win 1 (one) digital camera; and
- 5 (five) selected winners shall win 1 (one) smartphone each; and
- 5 (five) selected winners shall win 1 (one) blender each; and
- 5 (five) selected winners shall win 1 (one) toaster each; and
- 35 (thirty five) selected winners shall win 1 (one) non-stick pan each; and
- 35 (thirty five) selected winners shall win 1 (one) non-stick wok each; and
- 105 (one hundred and five) selected winners shall win 1 (one) salad bowl set each; and
- 425 (four hundred and twenty five) selected winners shall win 1 (one) kitchen container set each.
(ii) A draw for the monthly prizes will be conducted on 1st January, 2014, 1st February, 2014 and 15th March, 2014 from the valid entries received during each month (except for those entries which have already been declared as winners of daily prizes) via SMS and through online participation previous to that date through a random, scientific basis. However the draw to be conducted on 1st January, 2014 shall also include the valid entries received during the period 15th November, 2013 till 14th December, 2013. The distribution of the prizes for the monthly winners shall be as follows:
- 1 (one) selected winner shall win 1 (one) car; and
- 2 (two) selected winners shall win 1 (one) vacation voucher each; and
- 5 (five) selected winners shall win 1 (one) washing machine each; and
- 5 (five) selected winners shall win 1 (one) microwave oven each; and
- 30 (thirty) selected winners shall win 1 (one) voucher of education program each.
(iii) Prizes will be given subject to the winner satisfying the verification process of Nestle.
(iv) Prizes cannot be transferred, exchanged or redeemed for cash. 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. Any unused prize is not-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken in exchange for cash.
(v) The images of the prizes 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.
(vi) Nestle or its Agencies shall not be liable for any loss or damage of the prize due to Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever for such losses.
(vii) All taxes, levies and charges on the prize will be borne by Nestle.
(viii) Any participant of the program who wins any prize (Daily or Monthly Prize) during the Program Period shall not be eligible to win further prizes.
TERMS AND CONDITIONS FOR THE MONTHLY PRIZES:
There are some specific terms and conditions which are mentioned herein below for some of the monthly prizes as distributed during the Program Period:
- Specific Terms and Conditions for Vacation Vouchers
- This is a gift voucher with MakeMyTrip.com worth Rs. 50000.
- The voucher is valid for 6 months from the date of issue.
- The voucher can be redeemed by booking vacations, hotels, flights offline (via call/mail) with MakeMyTrip.com at the then prevailing rates for above services/products as declared on the website.
- Winners will be required to plan their own vacations working with MakeMyTrip.com and Nestle India will not be a responsible for the same.
- The terms and conditions placed by MakeMyTrip.com apply.
- Specific Terms and Conditions for Car
- The prize comes with a manufacturer’s warranty.
- Model and make of the prize may differ from that illustrated.
- Choice of colour is subject to availability.
- The insurance, maintenance, accessories, road taxes (if applicable) and running/operating costs of the prize will be the responsibility of the winner from the time of collection or delivery of the prize.
- Specific Terms and Conditions for Educational Programs
- The winner will be allowed to choose any one program from a range of standardized programs offered by meritnation.com.
- The prize includes only the fees for the basic education program; any additional costs shall not be borne by Nestle India.
- The terms and conditions placed by meritnation.com apply.
(i) Once the participants are shortlisted, the Partner Agency appointed by Nestle shall call each on the number from which the SMS entry has been made or indicated whilst making an online entry.
(ii) In the event the shortlisted participant's number is busy, unreachable, or he/she does not attend the call, 2 more attempts will be made to reach the participant during a 24 (twenty four) hour period commencing from the time the first call was made. If even on the third attempt, the participant does not attend the call, or is unreachable, the participant's participation in the Program comes to an end and the participant's entry stands cancelled and participant becomes ineligible to receive any prize.
(iii) In the event the shortlisted participant attends the call on either the second or third attempt, the procedure outlined in step (v) shall apply.
(iv) If any shortlisted participant remains unreachable on the third attempt or is not interested in continuing with the Program or is otherwise ineligible to participate, the Agency shall conduct up to 2 more selections, on a random, scientific basis, to shortlist another winner and the same process will apply.
(v) In case of a positive response from the shortlisted winners, each shortlisted winner will be required to send the following documents and collateral:
- The MAGGI Noodles pack wrapper with the alphanumeric Lot Number (Lot No.) that was entered by the consumer in the entry via any of the two modes of participation.
- Self-attested copy of Photo Identity proof (e.g. Driver's license, Election Card (Voter ID), passport and any other document issued by the Government of India)
- Self-attested copy of Permanent Account Number (PAN) card.
- Address proof (electricity bill, mobile bill, passport or any other document that is admissible as an Address Proof as per any document issued by the Government of India)
- Letter of undertaking that the consumer is not related or connected to Nestle, in any manner.
- Any other document as may be required.
This will be referred to as Participation Package for the winners.
(vi) The completed Participation Package needs to be sent by registered post with Acknowledgement Due to the address mentioned below or by courier so as to reach within 15 days of the call made by Agency to the selected winner:
MAGGI NOODLES PROGRAM
Big City Promotions
4th Floor, Mitra Towers,
10/4 Kasturba Road,
Bangalore - 560001
(vii) If the Agency does not receive the Participation Package from any shortlisted Participant within 7 days, the Agency shall call the Participant on the given mobile number, reminding Participant to ensure that the Participation Package reaches the Agency within the next 7 days. If the shortlisted participant is unable to send the same in the stipulated time, his/her selection shall stand forfeited.
(viii) The cost and expenses of postage shall be borne by the participant himself. Nestle or the agency shall not be responsible for any accident or mishap or loss of the package by the participant in transit. The responsibility of ensuring that the package, reaches the address as directed by Nestle or its Agency lies solely with the participants.
(ix) No justification/explanation for non-receipt of the Participation Package or any missing documents shall be accepted.
(x) Upon receipt of the Participation Package, Nestle or its Partner Agency shall scrutinize all contents. If all the contents and the documents submitted are in order and valid and the alphanumeric Lot Number (Lot No.) entered by the consumer whilst participating matches with that on the MAGGI Noodles Pack submitted, the consumer will then be treated as a Confirmed Winner.
(xi) In case the contents of the participation package is deemed to be not in accordance with the participation package specified, the Agency shall call the participant and specify the deviation and again request the participant to provide the completed participation package with 7 p days of the call. This is a one-time process and shall be undertaken by the Agency only for the benefit of the participant. This process shall not be repeated on similar failure on the part of the selected participant to provide the completed participation package even after the second call is made by the Agency.
(xii) The prize will be dispatched to the Confirmed Winners after the above formalities are successfully completed.
(xiii) No prize will be awarded if the information given by the participant at the time of providing the completed participation package is deemed as not “factually correct” by the independent auditor basis the information earlier shared by the participant at the time of first contact.
(xiv) The prizes to shortlisted Winner shall be sent through courier once the completed Participation Package is received and authenticated by the independent auditor appointed by Nestle for this Program.
(xv) 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.
(xvi) In case a participant is not contacted, it shall automatically mean that the person’s name has not come through the selection process and he/she is not a winner for that particular day/month during the Program Period for which he/she submitted his/her entry.
(i) Prizes will be dispatched to Confirmed Winners via Courier.
(ii) The courier, whilst carrying the prize for a winner, will carry a No-Claims letter for the Confirmed Winner and an acknowledgement receipt (POD).
(iii) The courier shall ask the Confirmed Winner to sign the No Claims Letter and the acknowledgement receipt (POD) and a self-attested valid ID proof issued by the Government of India as a proof of receipt of the prize. In case any of the above is not provided to the courier, the prize will not be handed over to the winner.
(iv) The Confirmed Winner himself / herself has to be present at the address and in case of his / her unavailability; the prize will not be handed over to any family member or any other person than the winner.
(v) If the Confirmed Winner is not available at the given address, the courier will make 2 more attempts to deliver the prize. If still unsuccessful, the courier shall make no further attempts to deliver the prize. The Confirmed Winner shall be responsible to pick-up the prize from either the courier or Agency office, based on where the prize is deposited at the time of collection. The Confirmed Winner agrees to bear all costs and expenses in relation to collection of prize from the courier or Nestlé’s Agency's office (as designated by Nestle or its Agency).
(vi) The courier shall collect the signed No Claims Letter, the signed POD and a self-attested Photo ID from the winner.
(vii) If the Confirmed Winner fails to pick up the prize from the courier or Agency office within a week of informing him / her, the prize will not be given to the Confirmed Winner and the prize will stand forfeited.
(i) By accepting the daily prize or the monthly prize, the Confirmed Winner undertake and irrevocably and unconditionally permit Nestle 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 Confirmed Winner hereby grant to Nestle, the right to use their photograph, sound-bites, write-ups, video in any media found suitable by Nestle i.e. Radio, Print, Digital, Electronic or Point-of-sale media.
(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 Nestle at all times.
(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 Nestle upon submission and become the property of Nestle exclusively. Nestle may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Nestle.
(iii) All MAGGI Noodles packs and other documents submitted by the shortlisted participants will become the property of Nestle and will not be returned.
The rights and obligations of the Participants and/or Nestle and/or Partners of this Program, shall be governed and construed in accordance with the laws of India and the courts of competent jurisdiction at New Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Program.
WARRANTIES/PRODUCT RELATED QUERIES:
(i) The prizes will be governed by the normal terms of warranties and guarantees of the manufacturer of the prizes and Nestle or its Agency shall not be liable or responsible for the same.
(ii) Any queries/ doubts/information related to the functioning of the prize (Tablets) shall be directed to the manufacturer/distributer of the prizes who will be solely liable and responsible for any/all queries related to it.
(i) Packs of Maggi Noodles without this promotional offer may be simultaneously available in the market.
(ii) Mere Participation in this Program does not entitle a participant to a prize unless all other terms and conditions are fully complied with. Any fraudulent conduct on the part of the participant shall disentitle the participant to receive the prize under this Program.
(iii) Nestle 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 in this regard and in general with respect to this Program and the terms and conditions thereto shall be final, binding.
(iv) The decision of Nestle 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 and the participant shall not have the authority to bind Nestle in any manner whatsoever
(v) Nestle or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents and / or photocopies or incomplete or mutilated Maggi packs, etc.
(vi) Nestle 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. Nestle shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.
(vii) 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 or its Agency.
(viii) If a participant is dissatisfied with the Program and/or the terms and conditions of the Program, his/her sole and exclusive remedy is to not to participate in the Program.