Terms & Conditions

1. ELIGIBILITY:

2. DETAILS OF THE CAMPAIGN AND HOW TO ENTER:

3. PRIZES

4. ADDITIONAL TERMS:

4.1. 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.

4.2. By entering the Campaign , You hereby release Mondelez from and agrees to indemnify Mondelez 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 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

4.3. Mondelez accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the Prizes.

4.4. 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 You do not have mobile phones or other gadgets or means that support the Campaign link/technical requirements; (h) if You have registered yourself to the DND of the telecom provider/ You have registered with National Do Not Call Registry/ You have specifically requested for not receiving messages for the specific Campaign /contests; (i) other conditions beyond Our reasonable control or any Force Majeure Event. You putting a missed call under the terms of this Campaign is deemed to be express consent on the Your part to exempt Mondelez from DND restriction imposed by You.

4.5. Any attempt to deliberately damage any Mondelez website or the 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 You/Your Kid(s), You agree to indemnify Us for those losses, damages, and costs.

4.6. We, in our sole discretion reserves our right to exclude You from the Campaign and/or not to attribute the Prize, and/or to cancel all or part of the Campaign , without any liability on our part, if We believe You have (a) breached any of these T&Cs; (b) acted or have the intention of 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.

4.7. Mondelez 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.

4.8. 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.

4.9. 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 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.

4.10. Mondelez and/or its affiliates, and their officers, directors, employees accepts no liability and shall not be responsible and/or liable in any manner whatsoever in case You are unable to submit Your 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.

4.11. Additional terms and conditions relating to Prizes and/or Campaign are specified under Annexure III.

5. MISCELLANEOUS

5.1. 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.

5.2. 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 cannot be held liable due to such restrictions including for inability to provide the Prizes or changing the Prizes 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 You/Prize Winners, You shall ensure due compliance with it and Mondelez cannot be held liable for any non-compliance by You in that regard.

5.3. You agree that all decisions related to the Campaign made by Us are final and binding on You. Failure by Mondelez 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.

5.4. 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.

5.5. For any disputes, complaints, queries pertaining to this Campaign (defined below), please reach out to the us on 1800 22 7080 or suggestions@mdlzindia.com no later that 7 working days from the completion of the Campaign . Failure to do so will tantamount to the expiry of any claims in connection with the Campaign submitted by a person.

5.6. 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 .

5.7. 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.

5.8. Mondelez 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. Mondelez shall not be liable for any consequences of user error including (without limitation) costs incurred

6. INTELLECTUAL PROPERTY RIGHTS:

6.1 All right, title and interest, including but not limited to the intellectual property rights in the music or in the promotional material(s) related to the Campaign shall vest solely and exclusively at all times with Mondelez, as the case may be. We or any person or entity permitted by Mondelez in this regard shall be entitled to use the music or any information in connection with the participation, received in any medium whatsoever, for all its future promotions, marketing, publicity and/or any other purpose, without any permission and or payment to You/Your Kid(s). You will not have any the intellectual property rights in the music created in the Campaign.

6.2 By participating in the Campaign and submission of the music created by Your Kid(s) under the Campaign , You assign irrevocable and perpetually the copyright in the music to Mondelez for all purposes of this Campaign and other related purposes. You waive, any right of ownership or claim on the music created by You or Your Kid(s). The music shall be Mondelez exclusive property. You and Your Kid(s) hereby grant Mondelez, a perpetual, non-cancellable, sub-licensable, worldwide license to use any intellectual property in the music to the extent necessary for Campaign or related purposes. You and Your Kid(s) permit that We may use the music in any medium in any manner it deems fit for purposes related to the Campaign.

7. PERSONAL INFORMATION AND PRIVACY POLICY:

7.1. 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

7.2. Please also visit the Privacy Notice of Mondelez the Campaign microsite 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 participating 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

7.3. Participants who have won any under the Campaign ("Prize Winners") may be contacted by the our execution partners for collection of further details to ensure delivery of the Prize(s) and the Prize(s) shall only be provided if the necessary information has been provided. You shall be solely responsible for any errors in such information provided

7.4. We reserve the right to refuse to issue Prizes to the Prize Winners unless they provide their information necessary to release the Prize(s) and to perform other activities applicable under the law. The names of the Prize Winners of any Prize(s) under this Campaign shall be communicated via email and/ or text messages.

7.5. You hereby authorize Us to use the personal data shared in connection with the Campaign. 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 .

7.6. 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.

7.7. 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 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.

8. 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 ("Force Majeure Event"). We shall not be liable for any delay or adverse effect caused to You in the Campaign including the Prize Winners/Prize(s) as a result of a Force Majeure Event.

9. GOVERNING LAW AND JURISDICTION:

9.1. 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.

9.2. Further all issues and questions concerning the construction, validity, interpretation and enforceability of these T&Cs, or Your or Your Kids(s) rights and obligations and/or Mondelez, shall be governed and construed in accordance with the laws of the Republic of India

10. 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 or the music created under this Campaign , and the like ("Publicity Material"), provided or taken or made in relation to the Campaign and any promotions, events, or Campaign s 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 Campaign s 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

11. LIABILITY RELEASE:

11.1. By participating in the Campaign , you will be legally bound hereby, to release from liability, and hold harmless, Mondelez, and our 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 Prizes or merchandize, personal injuries (including death) or harm, property loss or damage, misuse of the benefits/ Prizes offered under this Campaign , in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Campaign , even if caused or contributed to by Our negligence.

11.2. By participating in this Campaign , you agree to indemnify Usand any of our respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the Prize or participation in the Campaign including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.

11.3. You shall be liable for all the taxation that might arise out of the winnings/Prizes from this Campaign and shall not hold Mondelez 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

1. Campaign Period: This Campaign will commence from 00:01 a.m. 26th September 2023 and end at 11:59 p.m. on 5th Nov 2023 ("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.

2. This Campaign is applicable PAN India.

3. You must comply with and satisfy all the required criteria to be entitled to participate in the Campaign including complying with meeting all eligibility and pre-conditions to win a Prize as set out in these T&Cs. Any breach of these T&Cs including without limitation any default or failure on Your part to comply with any conditions and requirements, relating to winning a Prize or participating in the Campaign may disqualify You from the Campaign or from winning a Prize.

4. How to Participate:

ENTRY THROUGH SCAN OR DIRECTLY THROUGH MICROSITE:

• i. To enter the Campaign , You shall either scan the QR code printed on the pack of Product which will lead him/her to the Campaign microsite or can directly reach the microsite www.cadburygems.in .For participation in the Campaign, You shall accept the terms & conditions.
• ii. You must also upload the consent form as a parent/legal guardian of the Kid(s). Your Participation will not be considered if the parental consent form is not uploaded on the microsite
• iii. To enter the Campaign , You shall enter Your name, phone number and email ID to enter the Campaign .
• iv. You will reach the digital studio on the microsite, wherein Your Kid(s) can combine the tunes the pre-set music fed in the colorful buttons and create unique music. To enter the Campaign , You will have to submit the music created by Your Kid(s) on the microsite.
• Every week for the entire duration of the Campaign , Prize Winners will be selected based on the creativity, uniqueness & other attributes of the music of Your Kid(s).
• vi. The selection will be done by a jury comprising of members from Mondelez and personnel hired by Mondelez for this Campaign. You acknowledge that decision of the jury shall be final and binding on You.
• vii. The Prize Winner would be eligible to win Prizes listed in Annexure-II
• viii. You acknowledge that Your Kid(s) music should not be offensive, abusive, obscene, political, religious, derogatory, or inducing hatred, violence or disparaging in any manner. Your Kid(s) music should adhere to ethical & moral standards. Your Kid(s) music should also not contain the Intellectual Property of any third party.
• ix. You further acknowledge that digital studio platform which is used for generation of music can get things wrong, suffer from bugs, and provide incorrect or distorted music. Mondelez shall not be responsible for such faulty or distorted music.
• x. You acknowledge that participation in this Campaign does not entitle You or Your Kid(s)/Child, any rights in the intellectual property of the music generated through the digital studio. You and Your Kid(s)waive, any right of ownership or claim on the music created basis Your inputs from pre-set tunes. Mondelez shall be entitled to display or run the music on any channel or medium including social media, movie halls, podcast. digital music platform such as Spotify, Ganna, Jio-Savaan etc.

ANNEXURE II

PRIZES

2. The image of the Prizes depicted on the ads/posters/TVC's/pack shots etc. are indicative only and the actual Prizes/ look of the Prizes may vary from the pictures.

3. All applicable taxes resulting from acceptance of Prize(s), if any shall be the responsibility of Prize Winner

4. Winner Selection, Winner Announcement and Contacting Winners:

5. In the event that the Prize Winner's number is busy, unreachable, or he/she does not attend the call, two further attempts would be made to contact the Winner within the next day. If even on the third attempt, the Prize Winner does not attend the call, or is unreachable, the Winner's participation in the Campaign will come to an end and the Prize Winner's entry will not be considered for the Prizes.

6. No Prizes will be awarded if the information presented by You is suspected to be incorrect or fraudulent either by the independent auditor or Mondelez basis the information earlier shared by You at the time of first contact or for any other reason.

7. Additional Terms in relation to Prizes

The Prize is provided on an “as-is basis". Mondelez will not have any liability or responsibility regarding the quality of the Prize. Mondelez and their associates, affiliates, directors, officers, agents, representatives shall not be responsible or liable for failure by the Prize Winner to redeem the Prize(s) won or to take part in the Campaign itself including due to restrictions placed by any government authorities restricting movement or travel. You understand and acknowledge that this Campaign is being offered on a reasonable effort basis and Your ability to avail the benefit is subject to Government permissions and restrictions that may be imposed upon people movement or upon the operation of retail shops and other commercial establishments. Mondelez shall not be held liable on this account if You are unable to avail the benefit due to such restrictions.

11.4. Apart from the Prizes offered by us, during the Campaign there may be additional offerings from other partners collaborating with the Campaign. Mondelez will not have any liability or responsibility for such offerings or rewards they offer. Complaints in relation to such offerings/rewards should be referred to the relevant partner.