I-phone T&C

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TERMS AND CONDITIONS

This Mondelez I-phone Lucky draw contest (hereinafter referred to as "Campaign") is an


initiative of 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 (“Mondelez”).
Please read these terms and conditions including the ones set out in Annexures hereto
(together "T&Cs") before participating in this Campaign. In case of conflict, the provisions of
the Annexures shall prevail.

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.

For the purposes of these T&Cs, wherever the context so requires "You" or "Your" shall mean
any natural person who is a participant in the Campaign and "We" or "Our" or “Mondelez”
shall mean Mondelez India Foods Private Limited.

This is a limited period Campaign and relates to the following SKUs/packs of Mondelez :

SKU MRP

5 star 10 10

5 star 20 20

5 star oreo 20 20

Fuse 20 20

Fuse 40 40

5 star oreo 40 45

5 star 3d 40

I. ELIGIBILITY:

1. You need to fulfill the following eligibility criteria to participate in the Campaign:

a) You need to be a natural person;


b) You should be an individual legal resident and citizen of the Republic of India;
c) You should be of age 18 years or above at the time of entry into the Campaign;
d) You shall be legally competent to enter into a binding contract under the
applicable laws of India.
e) You should be holding a valid PAN card and, Aadhar Card.

All who fulfil the eligibility criteria to participate in the Campaign shall individually
be considered and referred to as “Participant” and collectively “Participants” for
the purpose of these T&Cs.

2. Our and/or Campaign Partner employees, their immediate family members (spouses,
domestic partners, parents, grandparents, siblings, children and grandchildren), and
our/their affiliates, advisors, advertising/ Campaign agencies are not eligible to
participate or avail any benefits under the Campaign.

3. The Campaign is subject to all applicable central, state and local laws and regulations
in India. The Campaign may at any time at the sole discretion of Mondelēz be
terminated/ cancelled/amended/suspended for any reasons without providing any
prior notice to the Participants. No claims/questions shall be entertained in this
regard.

4. Mondelez reserves the right to exclude or disqualify any person from the Campaign
on grounds of: (a) misconduct or criminal record or acted or have the intention to act
in a dishonest or fraudulent manner or in bad faith; (b) tampering with the entry
process or the operation of the Campaign; (c) acting in violation of these T&Cs; (d)
acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse,
threaten or harass any other person; (e) entries being offensive, distasteful,
unacceptable or against the ethos and principles of Mondelēz or which may be
considered disparaging; or (f)for any other reasons, as it may deem fit and proper.

5. Mondelez and/or its affiliated agency reserve the right to request supplementary
documentation from the participants to facilitate the processing of their cashback
claim. In the event that the participants fail to furnish adequate proof of purchase, the
participant's claim shall be deemed forfeited, with no further correspondence
warranted.

II. DETAILS OF THE CAMPAIGN AND HOW TO ENTER:

For details of the Campaign and how to enter, refer to Annexure I.

III. ADDITIONAL TERMS:

1. We may, at our sole discretion, change the T&Cs or cancel the Campaign at any
time; or modify, terminate, or suspend the Campaign for any reason whatsoever
including 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.
2. By entering the Campaign, the Participant hereby releases Mondelez and/or their
Campaign Partner from and agrees to indemnify Mondelēz and/ or their Campaign
Partner and any of their respective
officers/employees/directors/representatives/agents from and against all liability, cost,
loss or expense arising out of acceptance of the Prize(s) or participation in the
Campaign including (but not limited to) personal injury and damage to property or
any violation of intellectual property rights of a third party or any law and whether
direct, indirect, consequential, foreseeable, due to some negligent act or omission,
or otherwise.

3. Mondelēz accepts no liability, whether jointly or severally, for any errors or omissions,
whether on behalf of itself or third parties in relation to the Prize(s).

4. We will not be responsible for: (a) any SPAM generated messages; (b) any
SMS/whatsapp/other messaging service 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, loss, 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) if the Participants do not have mobile phones or other gadgets or
means that support the Campaign link/technical requirements; (h) if the
Participant has registered himself/herself 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/contests; (i) other conditions beyond Our reasonable control or any
Force Majeure Event. The Participant putting a missed call under the terms of this
Campaign is deemed to be express consent on the part of Participant to exempt
Mondelez and Campaign Partner from DND restriction imposed by the relevant
Participant.

5. Any attempt to deliberately damage any Mondelez website or the Campaign


Partner's Campaign website or the information on the website, to cause malicious
damage or interference with the normal functioning of the website, or to
otherwise undermine the legitimate operation of this Campaign may be a violation
of criminal and civil laws and should such an attempt be made, whether successful
or not, We reserve the right to seek damages to the fullest extent permitted by
law. If We incur any costs in connection with any breach of these T&Cs or any other
legal obligation by the Participant, the Participant agrees to indemnify Us or our
Campaign Partner/s for those losses, damages, and costs.
6. We, in our sole discretion reserve our right to exclude You from the Campaign
and/or not to attribute the Prize(s), 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 acting 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.

7. Mondelez and/or Campaign Partner is not responsible for any problems or


technical malfunction of any telephone or network or lines, servers or providers,
computer equipment, software, technical problems or traffic congestion on a
mobile network, or any combination thereof, or any other technical failures
including any damage to entrant’s or any other person’s mobile handset or
computer related to, or resulting from, participation in this Campaign or the
downloading of any materials related to this Campaign.

8. If this Campaign 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 the
Mondelez, including but not limited to technical difficulties, unauthorized
intervention or fraud, the Mondelez may in addition to its other rights reserves
the right, in its sole discretion, to the fullest extent permitted by law (a) to
invalidate any Participate; or (b) subject to any written directions from a regulatory
authority, to modify, suspend, terminate or cancel the Campaign, as appropriate.

9. If for any reason this Campaign 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 Mondelez
and/or Campaign Partner which corrupt or affect the administration, security,
fairness, integrity or proper conduct of this Campaign, Mondelez reserves the right
in its sole discretion to cancel, terminate, modify or suspend the Campaign, subject
to any written directions made under applicable State or Territory legislation.

10. Mondelez and/or Campaign Partner and/or their respective affiliates, and their
officers, directors, employees accepts no liability and shall not be responsible
and/or liable in any manner whatsoever in case the Participant is unable to submit
his/her entry for any reasons whatsoever including due to failure on the part of
the telecom operator, facility provider, internet issues, device compatibility,
capacity constraints. Etc.
11. All attempts will be made by the Campaign Partner to protect the data submitted
to it by a Participant from loss and corruption, but in the event such data loss
happens, Campaign Partner may have to continue with whatever data is available,
or in any other manner as it may deem reasonable. Mondelez and the Campaign
Partner should not be held responsible for any loss of data or the action taken on
account of the same. Mondelez and/or Campaign Partner and/or their respective
affiliates and their officers, business partners, directors, employees will not be
held responsible to make good any such loss or dissatisfaction on account of such
loss.

12. Campaign Partner will take reasonable efforts to ensure that there is no security
breach at its end in the course of conduct of submission of entry for the Campaign
and/or that there is no data / entry loss and/or any other loss at its end. However,
in the event of a security breach and/or data/ entry loss and/or any other loss for
any reasons whatsoever, Mondelez and/or Campaign Partner and/or its affiliates,
their respective officers, directors, employees will not be responsible or liable in
any manner whatsoever for any loss on account of any such instances as may be
sustained by the Participant. Mondelez and/or Campaign Partner and/or its
affiliates, their respective officers, directors, employees shall have the right at all
times to exclude or disregard any entries submitted during any period where a
security breach or data/entry loss or any other loss occurs.

IV. MISCELLANEOUS:

1. This Campaign is being made purely on a “best effort” basis and participation in
this Campaign is at your sole discretion and on a voluntary basis.

2. If there are any Government restrictions imposed on movement of people, operation of


outlets, transportation or any other aspect which may impact the operation of the
Campaign as usually planned, Mondelez and the Campaign Partner cannot be held liable
due to such restrictions including for inability to provide the Prize(s) or changing the
Prize(s) due to such restrictions. Any delay or inability to operate the Campaign in that
regard will be treated as a Force Majeure Event (defined below). In the event of any
directions of the Government applicable for consumers/Participants/Prize(s) Winners,
You shall ensure due compliance to the same, and Mondelez and/or the Campaign Partner
cannot be held liable for any non-compliance in that regard.

3. You agree that all decisions related to the Campaign made by Us are final and
binding on You. Failure by Mondelez and/or Campaign Partner to enforce any of
these T&Cs in any instance shall not be deemed to be a waiver of the T&Cs and
shall not give rise to any claim by any person.
4. We will not be liable for any costs incurred by You in connection with Your
participation in the Campaign. Announcements and information about the
Campaign shall be posted on the same page where these T&Cs are posted.

5. For any disputes, complaints, or queries pertaining to this Campaign or Mondelez


Products (defined below), please reach out to us on 1800 22 7080 or
[email protected] no later than 7 working days from the completion of the
Campaign. Failure to do so will be tantamount to the expiry of any claims in connection
with the Campaign submitted by a person. For any complaints and grievances relating to
Products or services or Prize(s) provided by any of our Campaign Partners, Mondelez will
not have any liability or responsibility regarding the same.

6. If You are dissatisfied with the Campaign or any aspect of the Campaign including the
Campaign rules, any content, any requirements of the Campaign form, the materials
available related thereto, these T&Cs, etc., Your sole and exclusive remedy is to not
participate in the Campaign.

7. If a person chooses to access this Campaign 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.

8. Mondelēz or Campaign Partner 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. Mondelēz
and/or Campaign Partner shall not be liable for any consequences of user error
including (without limitation) costs incurred.

V. INTELLECTUAL PROPERTY RIGHTS:

1. All right, title and interest, including but not limited to the intellectual property
rights, in the promotional material(s) and all Campaign related material including
those submitted by Participants shall always vest solely and exclusively with
Mondelez. Mondelez or any person or entity permitted by Mondelez in this regard
shall be entitled to use the responses/material or any information in connection
with the entry, received in any medium whatsoever, for all its future promotions,
marketing, publicity and/or any other purpose, without any permission and or
payment to the Participant.

2. If any material is 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 are taken of the Participants, the
same are assigned to Mondelez upon submission and become the property of
Mondelez exclusively. Mondelez may use the material in any medium in any
manner it deems fit. Intellectual Property in any such material remains the sole
property of Mondelez.

VI. PERSONAL INFORMATION AND PRIVACY POLICY:

1. When You participate in the Campaign, we collect, receive, possess, use, store,
handle, transfer, process and otherwise deal with personal information which is
provided by You. This information may vary but will typically include information
like first and last name, mailing address, complete date of birth, e-mail address,
contact number, identity verification documents and details therein, etc. While
doing so We collect, receive, possess, use, store, handle, process and deal with
personal information from You that We consider necessary for the purposes of the
Campaign. By participating in the Campaign and/ or by providing Your information,
You consent to the collection, receiving, possession, use, storage, dealing,
processing, sharing and handling of the information including personal
information You disclose to Us.

2. Please also visit the Privacy Notice of Mondelēz at the Campaign Home Page where
these T&Cs are posted, to understand and acknowledge what we do with your
information including your personal data. Please note that your acceptance of
these terms and conditions and Your participation in the Campaign and/ or
providing the information is deemed to signify your agreement to the Privacy
Notice as well and the necessary consent to what could be done with the
information including personal data You provide as described in the Privacy
Notice.

3. Participants hereby authorize Us and/or Campaign Partner to use the personal


data shared in connection with the Campaign.

4. By participating in this Campaign, You also hereby give your consent to Mondelez
and/or any other third party nominated to carry out profiling of your anonymized
data made available through Campaign Partner. Campaign Partner will take the
necessary measures to secure and keep safe, either directly or through third
parties, any such information that You may have shared.

5. It is important to remember that whatever You transmit or disclose can be


collected and used by others or unlawfully intercepted by third parties. No data
transmission can be guaranteed to be 100% secure. While we strive to use
commercially reasonable means to protect Your information, We cannot warrant
the security of any information You transmit to Us.

6. Your personal information may be retained and may continue to be used until: (i)
the relevant purposes for the use of Your information described in this clause are
no longer applicable; and (ii) We and/or Campaign Partner are no longer required
by applicable law, regulations, contractual obligations or legitimate business
purposes to retain Your personal information and the retention of Your personal
information is not required for the establishment, exercise or defense of any legal
claim.

VII. FORCE MAJEURE:

This Campaign is subject to force majeure circumstances including without limitation,


floods, natural disasters, war, act of terror, political unrests, technical snags, lockdowns or
related restrictions, act of God or any circumstance beyond the reasonable control of
Mondelēz and/or Campaign Partner ("Force Majeure Event"). We and/or Campaign
Partner shall not be liable for any delay or adverse effect caused to the Participants in the
Campaign including the Prize Winners/Prize(s) as a result of a Force Majeure Event.

VIII. GOVERNING LAW AND JURISDICTION:

1. 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.

2. 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 Partner, shall be
governed and construed in accordance with the laws of the Republic of India.

IX. PUBLICITY:

By participating in the Campaign, You give Mondelēz and/ or its affiliates permission
to use your name, likeness, images, videos, voice, appearance and the like as such may
be embodied in any pictures, photos, video recordings, audiotapes, digital images, and
the like (“Publicity Material”), provided or taken or made in relation to the Campaign
and any promotions, events, or Campaigns to follow. You agree that Mondelez and/or
its affiliates have the right to publish Your saved item details/Publicity Material for any
communication, promotions, events or Campaigns of Mondelez and/or its affiliates
that follow. You agree that Mondelez and/ or its affiliates have complete ownership
of Your Publicity Material, including the copyright therein, 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
for the use of the Publicity Material, 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.

X. LIABILITY RELEASE:
1. By participating in the Campaign, you will be legally bound hereby, to release from
liability, and hold harmless, Mondelez, Campaign Partner and any of its / their
respective affiliates, employees, directors, representatives and agents for any matters
and for any and all liability in relation to this Campaign, including in relation to the
quality of the cashbacks or merchandize, personal injuries (including death) or harm,
property loss or damage, misuse of the benefits/ cashbacks 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.

2. By participating in this Campaign, you agree to indemnify Us, Campaign Partner and any of
its/ their respective officers/employees from and against all liability, cost, loss or expense
arising out of acceptance of the Prize(s) 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.

3. You shall be liable for all the taxation that might arise out of the winnings/Prize(s) from this
Campaign and shall not hold Mondelez and/or Campaign Partner and/ or its/their
respective affiliates responsible for payment of the same and/ or any dispute arising
in relation thereof.
ANNEXURE I

DETAILS OF THE CAMPAIGN AND HOW TO ENTER

• Campaign Period: This Campaign will commence from 00:01 a.m. 1st November 2024 and end
at 11:59 p.m. on 31st Jan 2024 ("Campaign Period"). Any entries before or after the Campaign
Period will not be considered. We reserve our right to cancel/modify/extend the Campaign
Period or the T&Cs applicable to this Campaign without giving any prior notice to You. No
claims/questions shall be entertained in this regard.

• This promotional campaign is exclusively available for participants located in India except for
the state of Tamil Nadu.

• To Participate in the Campaign, the Participant is required to, at his/her sole discretion,
purchase the limited edition packs which have the call out with respect to the Campaign
(“Product”). Participation in the Campaign is subject to availability of the Product in the
market or specified stores, as applicable and indicated in these T&Cs, during the Campaign
Period. We or Campaign Partner shall not be held responsible for any circumstance leading to
non-availability of the Product in the market.

HOW TO PARTICIPATE:

• Users will need to navigate from the GPay app to the Cadbury WhatsApp bot by selecting the
“Earn More Rewards” option within the GPay app.
• On WhatsApp, users should complete the required questions and engagement steps as
prompted.
• All users who engage with the Cadbury WhatsApp bot and provide the necessary information
will be entered into a lucky draw for a chance to win.

Prize Details :
• The winner will be randomly selected via a draw and the prize will be given by 31st march
2024.

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