Terms and Conditions for POLO CAMPAIGN Sweepstakes Campaign

1. “POLO CAMPAIGN ” (hereafter referred to as “Program”) is conducted by Nestlé India Limited (hereinafter referred to as ‘Nestlé India’) having its registered at 100/101, World Trade Centre, Barakhamba Lane, New Delhi – 110001 and head office at Nestlé House, Jacaranda Marg, ‘M’ Block, DLF City, Phase – II, Gurgaon- 122002, Haryana, India, through conducted by Pine Labs Private Limited, having its registered office at 207, Gupta Arcade, Plot No. 5, L.S.C, Mayur Vihar Phase -1 Extension,, Delhi, India, 110091 (hereinafter referred to as “Agency”).
2. By submitting an entry to the “Program “POLO CAMPAIGN, it is deemed that you have acknowledged, read, and understood these terms and conditions for participating in the “Program” POLO CAMPAIGN which includes information on how to enter and get the prize, and how personal data, upon participation, if required, will be collected, retained, and used.
3. Before participating in the “Program”, please read the terms and conditions given herein. By participating in the “Program”, each Participant is deemed to have accepted the complete terms and conditions of this “Program” available https://www.woohoo.in/polospotify as well as the decisions of Nestlé India Limited and Pine Labs Private Limited, which are final and binding in all matters related to the Program.
4. In case of any conflict, these Terms and conditions will be considered final and binding in all matters related to the program.
5. Program Details, Concept, and Participation:
   • Program Period: The Program shall start from” at “8:00AM” on 20-September 2023 and conclude on 19-Oct-2023 at “11:59PM”. (The period inclusive of both dates shall be referred to as ‘Term’). Any entry for the program before or after the term of the program as described above shall not be entertained and summarily be rejected.
   • Participation timings are from 8:00 AM to 12:00 AM every day, Participation outside the specified time will be considered as invalid entry.
   • The Program is valid only in India including of Tamil Nadu.
   • Eligibility:
     • a) Participant must be citizen of India & residing in India.
     • b) The Employees, agents, associates, and promoters of Nestlé India and of its affiliates, subsidiaries and advertisement agencies (including their immediate family members) and all others directly associated with organizing the Program(s) are not eligible to participate.
     • c) This Program is open for adults above 18 years.
   • Submission of Entry:
     • a) Consumers can participate by sending an SMS with Lot No. (herein referred to as the “Code”) printed on the back panel of the POLO mint of Rs.10(net quantity: 24g) (hereinafter referred to as the “Program Pack”).
       • • Consumers participating or seeking to participate in the Program shall individually be referred to as "Participant" and collectively as "Participants".
       • • Participants purchasing the Program Pack can participate maximum 10 times only using a particular mobile number. For the sake of clarity, it is reiterated that Participants will be eligible to participate in the program for a maximum 10 times only.
       • • The Program is subject to all applicable central, state, and local laws and regulations.
       • • Regular call and message rates will apply as per the consumer telecom operator in their respective circle.
       • • Participants who participate before the Program Period i.e., before 20-Sept- 2023, their entries will be rejected & consumer has to re participate after the program starts with the same Lot Number.
     • b) Entries are valid only for the Participants who are participating the in the program during the prescribed time zone(8:00 AM to 12:00 AM), Entries out of the time zone will be rejected.
     • c) During the Program Period, 1 winner every hour i.e, collectively total 480 lucky winners during the entire program period & from Tamil Nadu the top 10 winners will be selected based on the uniqueness & creativity of the answer & will be eligible to win the Spotify 12M subscription code on purchasing the POLO MINT pack Rs.10(net quantity: 24g) and sending in their entries within the program period described above.
     • d) Nestlé India / Agency reserves the right to cancel/amend/extend the Program Period without giving any notice/intimation. No claims/questions shall be entertained in this regard.
6. General Agreement to Terms and Conditions:
   • (i) By participating in this Program, Participants fully and unconditionally agree to and accept these Terms and Conditions available on https://www.woohoo.in/polospotify (“Program Website") as well as the decisions of Nestlé India Ltd. and Agency, which are final and binding in all matters related to the Program. Successfully entering the Program and receiving the prize is subject to fulfilment of all terms and conditions mentioned herein.
   • (ii) Nestlé India and/or Agency reserve the right to exclude any person from the Program on grounds of misconduct or criminal record.
   • (iii) Nestlé India and/or Agency reserve the rights to terminate, modify or extend the Program, at any time at its absolute discretion, without assigning any reason. All decisions of Nestlé India in respect of the Program and the prizes therein will be final and binding.
   • (iv) If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Nestlé India and/or its Agency, including but not limited to technical difficulties, unauthorized intervention, or fraud, Nestlé India / Agency reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to invalidate any customer; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Program, as appropriate.
   • (v) If for any reason this Program is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, or any other causes beyond the reasonable control of Nestlé India or the Agency, which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Program, Nestlé India Reserves the right in its sole discretion to cancel, terminate, modify or suspend the Program.
   • (vi) Rights to use data - By participating in this Program:
     • a) The participant expressly confirms and represents that he/she has read the Terms & Conditions of the Program on how to enter, and details on usage, collection, retention, and sharing of personal data.
     • b) The participant agrees to be bound by the terms, in particular, those relating to the collection, retention, use, and sharing of personal data; and
     • c) The participant confirms that he/ she has gone through Nestlé India’s Privacy Policy, available at – www.Nestlé.in/info/privacypolicy and that the participant has no objection to collection or processing of their data according to the manner carved out in the privacy policy.
     • d) The Participant’s personal data as collected by Nestlé India’s associates/partners or affiliates shall be passed to Nestlé India. The personal data shall be administered and treated under Nestlé India’s privacy and data collection guidelines. Such data collected and retained may be used by Nestlé India and or its related associates/partners/ affiliates for marketing, internal study, and data analysis purposes.
     • e) Nestlé India encourages participants to read the privacy notice of any such company before sharing personal data. If the Participant does not want his / her personal data to be collected by or shared with a company other than Nestlé India the Participant can always choose not to participate in such activity. If the Participant does opt-in to communications from such a company, remember that the Participant always has the right to opt-out and the Participant would need to contact that company directly to do so.
     • f) If Participants have any questions or comments regarding this Privacy Notice or Nestlé India’s personal data collection practices, please contact through an email Generic.INDataPrivacy01@IN.Nestlé.com
     • g) Nestlé India and the Agency shall not be responsible for (including but not limited to):
       • - For any SPAM generated messages
       • - For the Operator Code not being displayed on the user's mobile phones
       • - For any SMS message delivery failures
       • - Any lost, late, or misdirected computer transmission or network, electronic failures of any kind of any failure to receive entries owing to transmission failures or due to any technical reason
       • - If the participant has registered himself to the DND of the telecom provider/ the participant has registered with National Do Not Call Registry/ Participant has specifically requested for not receiving messages for the specific campaign
       • - Other conditions beyond its reasonable control
7. Eligibility:
   • (i) This Program will be open to all the residents of India including Tamil Nadu except employees, their immediate family members, agents, distributors, retailers, and any other channel partner of Nestlé India and the Agency.
   • (ii) Nestlé India or the Agency will not be responsible for any NDNC (National Do Not Call) Registry regulation that will come into play. All Participants who participate will agree as per the terms and conditions that even if they are registered under NDNC, DND (Do Not Disturb), Nestlé India, or the Agency will have all the authority to call participants by virtue of them having voluntarily participated in the Program.
8. Program Timings:
   • (i) The Participants who send the valid and correct SMS during the Program Period are eligible to participate in the Program.
   • (ii) Time of participation will be defined as the time at which the entry is received through the SMS mode of participation at the Agency’s computer system.
   • (iii) Entries coming outside the Program Period & Program Timings will not be considered for sharing SMS confirming participation.
   • (iv) The Program is applicable on specific packs of POLO only (Program Pack)
   • (v)Lucky draw Prize for Rs.10 MINT pack (net quantity: 24g):
   • (vi) During the Program Period, 480 lucky winners every month shall be awarded Spotify 12M subscription, purchasing the POLO MINT pack of Rs.10 (net quantity: 24g) and sending in their entries within the program period described above. Participants will receive links and a code to redeem through a computerized method set by the Agency appointed by Nestlé India.
   • (vii) Participants can become eligible for a lucky prize only once using a particular mobile number. For the sake of clarity, it is reiterated that Lucky Participants will be eligible to receive the redemption link for a maximum of one time, with a voucher code using a single mobile number throughout the Campaign Period.
   • (viii)The users can reach out customer care number 080-69806393 and Email id Polospotify@pinelabs.com to reach in case of any query pertaining to participation & redemption.
9. How to Participate:
   • To participate in the Program, Participants are required to send an SMS:
     • • As a first step, Participants are required to send an SMS with POLOSPOTIFY<SPACE>Lot No. TO 7036186000 from any GSM or CDMA mobile phone.
       e.g., POLOSPOTIFY<SPACE>Lot No. TO 7036186000
     • • Winners will receive an SMS with participation confirmation.
     • • Randomizer will select 1 lucky winner every hour and the SMS will be sent to them with the Spotify 12M voucher code.
10. Tamil Nadu region – How to participate steps.
    • As a first step, Participants are required to send an SMS with POLOSPOTIFYTN<SPACE>Lot No. TO 7036186000s
    • For TN users, all the valid entries will receive a SMS with a question to answer.
    • Participants will have to answer the question.
      • POLOSPOTIFYTN<space>160-character Text to 7036186000
      • The top 10 winners will be selected based on the uniqueness & creativity of the answer & will be eligible to win the Spotify 12M subscription code.
    • Eligibility of participants shall be subject to fulfilment of all terms and conditions of the Program.
11. The code will be shared via SMS to each eligible participant based on Valid Lot No. and mobile number.
12. Nestlé India Ltd. and Partner Agency shall have a right to ask for the original packs in case of any query raised by the Participants during the Program Period, non – submission of which shall render the Participant as not eligible to participate in the Program.
13. Contacting Eligible Participants:
    • Each Winner in the program will get Spotify 12M subscription. Code to the registered mobile number instantly. Previous day winners will be declared the next working day and will be shared coupon code as per the timeframe mentioned above.
14. Publicity:
    • (i) The Participant/s undertake and irrevocably and unconditionally permit Nestlé India to cover the Program through various media including newspapers, radio television, news channels, internet, point of sale materials, etc., and shall not raise any objection, protest, or demur to such coverage or in this regard.
    • (ii) The participants must, at the request of Nestlé India participate in all Program activities (such as publicity and photography) surrounding the receipt of the prize, free of charge, and they consent to Nestlé India using their name and image in the Program material.
15. Intellectual Property:
    • (i) All right, title, and interest, including but not limited to the Intellectual Property Rights, in the Program material(s) and in any and all responses received shall vest solely and exclusively with Nestlé India at all times. Nestlé India or any person or entity permitted by Nestlé India in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future Program, marketing, publicity, and any other purpose, without any permission and or payment to the Participant.
    • (ii) All material submitted in connection with the Program (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to Nestlé India upon submission and become the property of Nestlé India exclusively. Nestlé India may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Nestlé India.
16. General Conditions:
    • (i) Each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/or entering into the Program, the Participant warrants that all information provided by Participant regarding the phone number is true, correct, accurate, and complete.
    • (ii) The decision of Nestlé India or its Agency, as regards deeming a participant eligible and distribution of the prizes shall be final, subject only to Nestlé India's approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
    • (iii) No queries, claims, disputes, complaints, or grievances shall be entertained by Nestlé India and its Agency after 15 days from the date of the closure of the Program.
    • (iv) The prize cannot be exchanged and is not transferable and cannot be converted into cash.
    • (v) Nestlé India reserves the right to change, defer, alter or cancel this Program in part or full, or change any or all of the terms and conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Any decision of Nestlé India in this regard and in general with respect to this Program and the terms and conditions thereto shall be final, binding, and non-negotiable.
    • (vi) Nothing contained herein amounts to a commitment or representation by Nestlé India to conduct further Programs.
    • (vii) The decision of Nestlé India shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or Partner Agency between any Participant and Nestlé India and the Participant shall not have the authority to bind Nestlé India in any manner whatsoever
    • (viii) Nestlé India or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted, or illegible documents, etc.
    • (ix) Nestlé India or its Agency shall not be liable to perform any of its/their respective obligations under the Program or in respect of the prize where it is unable to do so as a result of circumstances beyond its/their control in the nature of fire, explosions, natural calamities, state emergency, riots, or any other Force Majeure condition, etc., and shall not be liable to compensate the Participant in these circumstances.
    • (x)Nestlé India or its Agency shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.
    • (xi) Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of Nestlé India or its Agency.
    • (xii) Nestlé India or its Agency accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, loss of SMS, loss of internet connectivity, unique codes, documents, demand drafts, claims, or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. Nestlé India or its Agency shall not be liable for any consequences of user error including (without limitation) costs incurred.
    • (xiii) If a Participant is dissatisfied with the Program or the Program rules and/or any content or any requirements of the Program form, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Program.
    • (xiv) If a person chooses to access the Program Website from outside India, he/she shall do so on his/her own initiative and shall be responsible for compliance with applicable local laws of the country.
    • (xv) The operational part of the Program like sending participation confirmation and redemptions link are all a part of the Agency’s work.
    • (xvi) The participation in the Program is purely voluntary and the same shall be construed as an acceptance of the terms and conditions stipulated herein.
    • (xvii)To participate in this Program Regular call and message rates apply
    • (xviii)To participate in this Program, Standard fair usage policy and usage norms set by the respective telecom operator apply
    • (xix)The Program is subject to the guidelines/directions issued by the Telecom Regulatory Authority of India, Department of Telecommunications, and any governmental or statutory authority as may be applicable from time to time.
    • (xx) In case of queries, consumers can reach out to Partner Agency on 08069806393 from Monday to Saturday, 10:30 AM to 5:30 PM. Lines will be closed on public and bank holidays. Standard calling rates apply.
    • (xxi) The Agency is not responsible for Non-Delivery or receipt of an SMS by their servers or on the end user’s device due to customer handset issues, network issues, or any issues at the cellular operator’s end. By participating in this program, the customer understands that all such queries are to be directed to their current service provider directly and not hold Agency or Nestlé India responsible for the same.
17. Release and Limitations of Liability:
    • (i) Nestlé India and its Agency shall under no circumstances be liable, whether jointly or severally, for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of acceptance of any prize.
    • (ii) By entering the Program the Participant hereby releases from and agrees to indemnify Nestlé India and/ or any of its respective officers/employees from and against all liability, cost, loss, or expense arising out of acceptance of the prize or participation in the Program including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
    • (iii) Nestlé India and its Agency accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, Agency, or third parties in relation to the prizes.
    • (iv) The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Program by conducting an illegal act. Participant also undertakes to indemnify Nestlé India and/or its Agency and their respective officers, directors, employees, and agents on the happening of such an event (including without limitation cost of an attorney, legal charges, etc.) on a full indemnity basis for any loss/damage suffered by Nestlé India or its Agency on account of such activity on the part of the Participant.
    • (v) In consideration of Nestlé India allowing the Participant/s to take part in the Program, to the maximum extent permitted by law, the Participant/s waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Nestlé India its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Program or related to the Program or the prize of the Program.
18. Dispute:
    • (i) The courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Program. Participation in the Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including (without limitation) this clause.
    • (ii) Further all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or the rights and obligations of the Participants and/or Nestlé India and/or its Agency of this Program, shall be governed and construed in accordance with the laws of the Republic of India.