This "Cadbury Gems My Masti My Music Activation" (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").
This Campaign is designed as a fun filled interaction for your kid to create music through a mastiful digital studio platform using pre-sets tunes available on our microsite.
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 hereto shall prevail. For the purposes of these T&Cs, wherever the context so requires "You" or "Your" shall mean any natural person who is qualified to participate in the Campaign.
By Your participation in the Campaign, You as the parent/legal guardian, hereby consent to participation of Your Kid in the Campaign. You agree that participation of Your Kid in the Campaign shall be in Your supervision at all times.
Participation in this Campaign is voluntary and at your sole discretion. 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.
To participate in the Campaign , You may either scan the QR code printed on the pack of ‘Cadbury Gems' or visit the digital studio at www.cadburygems.in.
To participate in the Campaign , You may either scan the QR code printed on the pack of ‘Cadbury Gems' or visit the digital studio at www.cadburygems.in.
Based on the creativity of the music, Mondelez in its sole discretion will select the winners for Prizes as per Annexure-I and Annexure-II. . Participation in this Campaign does not entitle the You or your kid(s) to any other monetary reward or consideration, whatsoever
You acknowledge that participation in this Campaign does not entitle You or Your Kid(s), 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 Kid(s) inputs from pre-set tunes. You acknowledge that 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.
This Campaign is available only in India.
For the purposes of these T&Cs, wherever the context so requires "You" or "Your" shall mean any natural person who is qualified to participate in the Campaign and "We', ‘Us" and ‘ Our' shall mean Mondelez as the context so requires.
1.1 You need to fulfil the following eligibility criteria to participate in the Campaign :
1.2. Our 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
1.3. 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 Mondelez be terminated/ cancelled/amended/suspended for any reasons without providing any prior notice to You. No claims/questions shall be entertained in this regard.
1.4. 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.
For details of the Campaign and how to enter, refer to Annexure I.
3.1. For details of the Prizes (defined in Annexure II), refer to ,Annexure II.
3.2 The Prizes are non-transferable, non-assignable, non-substitutable and under no circumstances will be exchanged for cash.
3.3. In the event of death of Prize Winner (defined in Annexure II), no nominees or heirs or any other person shall be eligible to the Prize and no claim from the nominee or his/her legal heirs of the Winner or any other person shall be entertained for receiving the Prize.
3.4. The Prize (including any merchandise) are being provided on as is" basis without warranties of any kind, either express or implied, including without limitation warranties of quality, suitability or comfort or implied warranties of merchantability or fitness for a particular purpose. Unless the Prize is a product of Mondelez (in which case Clause 5.5 will apply), You acknowledge, by participation in this Campaign, that You hereby release Mondelez and their respective affiliates, directors, officers, employees, representatives and agents from any and all claims pertaining to any defect, deficiency, damage, replacements, quality issues or any other claims connection with the Prize and that Mondelez shall not be liable (including but not limited to the product and service liabilities) for any damages of any kind related to the same. If any Prize Winner has any grievance with respect to the Prizes, the Prize Winner may directly contact the manufacturer or supplier/retailer/service provider as may be applicable.
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.
5.1. 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 email@example.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
6.1 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.
7.1. 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.
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.
9.1. 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
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
11.1. 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.
1. Campaign Period: This Campaign will commence from 00:01 a.m. 26th September 2023 and end at 11:59 p.m. on 29th Oct 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:
1. Number of Prizes:
There are maximum of upto 44 Prizes under the Campaign i.e. UPTO 8 weekly Winners will be selected during the Campaign Period of 5 weeks ("Weekly Winners") and upto 4 Winners would be eligible to receive Mega Prize ("Mega Prize Winners") (collectively called as "Prize Winners"). The Prizes (defined hereinafter) are funded by Mondelez under this Campaign, one for each participant who complies with our T&Cs. Your Kid would be eligible to win only if he/ she has participated in the Campaign in the manner provided under the "Details of the Campaign and How to Enter" section given in these T&Cs.
Your Kid shall be eligible to win the following Prizes ("Prizes"):
(i) Weekly Winners will be eligible to one musical instrument for Your Kid and
(ii) Mega Prize Winner will be eligible to receive goody bag and a celebrity will dance to the music created by Your Kid and the celebrity dance video shall be posted on the microsite (Together referred as "Winners")
To avoid any confusion, please note that Your Kid would be entitled to win only 1 Weekly Prize.
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:
4.1. The winners of the Campaign will be contacted by Mondelez or its execution partner through calls, direct messages, WhatsApp, email, posts etc. By accepting these T&Cs you signify your consent to be contacted for the purpose of this Campaign including for procuring additional information that may be required for delivering of Prizes where applicable. The Winners will be selected by a jury comprising of Mondelez team and personnel hired by Mondelez.
4.2. Mondelez reserves the right to, at its sole discretion, select the Prize Winners based on creativity and efforts used to make music while adhering the Campaign guidelines and Mondelēz's decision in this regard shall be final & binding.
4.3. Prize Winners will be required to respond to confirm eligibility and to provide verification documents within 3 days of initial contact to be eligible for the Winner selection process. Prize Winners will be required to share the verification documents as provided below:
Copy of PAN Card and anyone of the following being valid Driving License or AADHAR or Passport or Voter ID Card as proof for identification and verification purpose only.
5.4 Mondelez and/or the execution partner shall not be responsible for any accident or mishap or loss of the verification documents. The responsibility for ensuring that the documents reaches the address as directed by Mondelez or execution partner lies solely with You. No justification/explanation for non-receipt of the documents or any missing documents shall be accepted.
5.5 In the event that the Prize Winners do not respond to communications within 3 days of initial contact, the execution partner reserves the right to disqualify that Prize Winner and the Prize will be forfeited or offered to another participant as Mondelez in its sole discretion deems fit.
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.