TERMS & CONDITIONS FOR NUTELLWITHLOVE CONTEST 2021
BY PARTICIPATING IN THE “NUTELLAWITHLOVE CONTEST 2021” THE PARTICPANT ACCEPTS THE TERMS AND CONDITIONS AS MENTIONED BELOW
1. NUTELLAWITHLOVE CONTEST 2021
- Nutellawithlove Contest 2021 (“Offer” / “Promotion” / “Promo” / “Contest”) is sponsored and organized by Ferrero India Pvt. Ltd. (“Organizers” / “Company” / “Ferrero”). The Offer is available for participants across India, (except the State of Tamil Nadu) and only during the Promo Period as defined hereinafter.
2. Offer Period, Timing
- Offer will be open for participation during the “Contest period” / “Promo Period”/ “Offer Period” i.e. from 11th December 2021 12:00 hours to 23rd December 2021 23:59 hours (both days included), the Company reserves the right to change the Offer Period or Timing, in case of any contingency, at its sole and absolute discretion, without any consent, connivance, notice or intimation to anyone.
3. Eligibility Criteria
- Individual consumers residing in India (except the State of Tamil Nadu) are eligible to participate in this Offer (Eligible Participants).
- Eligible Participants below age of 18 years may participate in the Promo only with the consent of and under the supervision of and through their parent / legal guardian.
- Companies, Partnership Firms, Proprietary Concerns, HUFs, Association of Persons, Trusts and other entities or organizations are not eligible for participating in the Offer and the Offer is open for individual human beings only.
- The employees of Ferrero, its associate / group companies and their children and other family members, the employees of the agencies associated with Ferrero for the organization of the Offer and their children and other family members are not eligible to participate in the Offer.
- The consumer(s) participating in the Offer is / are referred to as Participant(s).
4. How to participate
- Read the terms and conditions carefully and proceed to participate only if you abide by all of them.
- Once you accept the terms and conditions, you will have to visit the “recipes” page to view Nutella recipes and simple create your own recipe with Nutella and share a picture or video of your creation on your Facebook & Instagram handles using #Nutellawithlove.
- Participants must ensure that their entry/submission is made within this ‘Contest Period’
- Participation in this Contest is open for all registered Instagram and Facebook users in India except for the state of Tamil Nadu.
- No purchase of any product is necessary for participation in the Contest.
- The Company reserves the rights to disapprove the image/video and name at its sole discretion in case the Company is of the opinion that any such image and name is not appropriate.
- The top 25 recipes will win exciting prizes! The 25 most liked entries by the Company during the Contest Period will get a Nutella Christmas Hamper & Personalized Nutella Christmas Wishes jars,and further 50 most liked entries by the Company will get own Personalised Nutella Christmas Wishes Jars. The winners will be judged by the Company and decision of the Company will be final & binding on the participants.
- Only one entry per participant will be accepted. The first entry from each participant will be considered for the Contest.
5. Voluntary and Free Participation
- Promo is a voluntary initiative;
- No fees, charges, costs, etc. required to be paid for participating in the Promo.
- It is not mandatory to participate in the Promo.
- No purchase of any product is necessary for participation in the Program
- Winners will be chosen by shortlisting recipes of the 25 participants & they will get their physical personalized Nutella wishes jars (Net Weight 350 g) from the Company with name of the participant entering the Contest and a hamper which will include 1-unit branded Toaster, one mug, one spife, wooden cutting board, Pan, Apron, Hoodie, Heart shape mould. The size, colour, brand, make, model and vendor/dealer of the items included in the hamper & 50 other entries to win personalized Nutella Christmas wishes Jar to be awarded as winning prize shall be selected by Ferrero at its sole and absolute discretion.
- The Prizes will be sent to the winners through courier or postal services.
- The winners will be judged by the Company and decision of the Company will be final & binding on the participants.
- The announcement of winners shall be done during 24th – 31st Dec 2021 on the https://www.instagram.com/nutellaindia/ and https://www.facebook.com/nutellaindia/
- The winner is required to complete all the formalities and provide necessary information and documents for verification within 03 days of communication of his/her selection as a winner.
- In case of no response from winner, unclear and illegible scan copies of the sought documents, loss of email for reasons not attributable to the Company will not be accepted and the winner shall be forfeited. The decision of the Company shall be final in this regard.
- Ferrero would not be liable or held responsible for any lack or lapse in any communication on account of failure or delay by any of the internet, telecom, and SMS and e-mail, courier service provider.
- The representatives appointed by the Company will judge the responses and the Participants shall not be entitled to challenge or dispute the judgment or selection on any ground whatsoever. Decision of the Company shall be final in this regard.
- Prizes are non-transferable and will not be substituted by cash or any other benefit. Unclaimed / un-availed prizes will be forfeited.
- The winner(s) are required to provide valid address, phone number and identity proofs and such other documents as may be required by the Organizer to claim the prize.
- The Organizer shall provide the prize on an “as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and the Organizer and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any product / service and / or the prize, for any damage or loss in transit or for any kind of consequential damages / loss, in any manner whatsoever. The Organizer shall only be responsible to dispatch the prizes at the address provided by the winner and shall not be responsible for any delay, loss, damage etc. in transit or due to any unforeseen circumstances beyond the control of Ferrero.
- The Participant/s, winners, family member(s) of the winner undertake and irrevocably and unconditionally permit the Organizer and / or its execution agency to use the personal details of the participants for covering the Promo through various media including newspapers, radio television news channels, internet, point of sale materials, etc. The Participants shall not raise any objection, protest or demur to such coverage or content in this regard.
- The Participant/s, winners, family member(s) of the winner shall, at the request of the Organizers and / its execution agency, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to using their name, image, video, etc. in promotional material.
8. Intellectual Property Rights
- All right, title and interest, including but not limited to the intellectual property rights, in the promotional material(s) and in any and all responses received shall vest solely and exclusively with Organizer at all times. The Organizer or any person or entity permitted by Organizer in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and / or payment to the Participant.
- All material submitted in connection with the Promo (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 Organizer upon submission and become the property of Organizer exclusively. Organizer may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Organizer.
9. Data Privacy
The participant (includes the parent / guardian of participating child) hereby grant permission to Ferrero India Pvt. Ltd., its officers, employees, agents, independent contractors, licensees, successors, assigns and any third party it may authorize (hereby collectively referred to as “Company”) to record his / her name, address, image, contact details, comment, likeness, message, image, voice, interview and performance on film, tape, or otherwise (hereinafter referred to as the “materials”) in the following context:
EVENT : NUTELLA WITH LOVE CONTEST 2021
PERIOD : 11th December 2021 00:01 hours to 31st December 2021 23:59:59 hours
The Participant further grant to the Company the full right to use, in any form and modality of exploitation, reproduce, alter by digital means, edit, create derivative works of, display, publish, make available to the public in streaming and/or downloading, broadcast, distribute, sell, license, lend, rent and give away the originals, reproductions, editions, adaptations, alterations and derivations of the materials in any media now known or later developed, including but not limited to websites (including but not limited to publicly accessible websites, intranet sites and third party content hosted sites), social media and social networks, blogs, electronic publications, webcasts, multimedia links, app for tablet and/or smart-phone and/or similar devices, anywhere in the world, and in perpetuity, in connection with promoting, publicizing or explaining the Company’s products and/or activities. The Participant understand and agree that the materials can be used without mentioning his / her name and by modifying and / or altering his / her image and / or voice, with no right to inspect or approve the use of the materials or of any reproduction, alteration, or derivation of the materials in any medium. The Participant further waive all moral rights and all claims to royalties or other compensation arising from or related to the making or use of the materials or reproductions, alterations or derivations of the materials. The Participant hereby forever release and discharge the Company from any claims, actions, damages, liabilities or demands that may arise regarding the use of the materials to promote, publicize or explain the Company’s products and/or activities, including any claims of defamation and invasion of privacy as well as of infringement of moral rights, rights of publicity or copyright or neighbouring rights. The Participant understand and agree that all the materials, their adaptations, alterations and derivations, are the sole property of the Company, which owns all rights, title and interest, including the copyright, in and to the same, to be used and disposed of, without limitation, as the Company shall in the Company’s sole discretion determine. The Participant agree that there shall be no obligation to utilize the permission granted by them hereby. The terms of this permission shall commence on the date hereof and be without limitation. The Participant acknowledge that no further agreement between the Participant and the Company regulates the subject matter hereof. The Participant irrevocably agree that the Participant has no future claim for any indemnity or money. The Participant confirm that the Participant is either 18 years of age or older and that the Participant is competent to contract in its own name or minor Participant is participating with the consent and under the supervision of his / her parent / guardian. The Participant has read this release and fully understand its contents, meaning and impact. The Participant agree that this release, including all its contents, are binding on him / her, my heirs, executors, administrators and assigns.
- Privacy Notice
The participant (including the parent / guardian of participating child) hereby agree to Company's use of his / her / personal data, including, by way of illustration, the name, images and voices, or any personal data which the participant may submit voluntarily as part of the materials in the manner and for the purposes set out herein. The personal data may be used by the Company (by authorized personnel) for the purposes set out under the release herein above and may be visible and publicly available to anyone anywhere in the world on any means as described above. The Company may share the personal data with selected service providers that process the personal data under the instructions given by the Company and with any other third party it deems appropriate for the purposes described herein.
The participant acknowledge that he / she can exercise the rights granted under the applicable data protection legislation, including by way of illustration, the right to access, to have personal data rectified, blocked, completed or, under certain circumstances, deleted and to object to the processing of such data. The participant also acknowledge that to exercise these rights and for any questions with respect to this privacy statement or how the Company handles personal data as data controller, the Participant can direct it to Privacy Officer, Ferrero India Pvt. Ltd., World Trade Center, Tower 3, Floor 8, Kharadi, Pune 411014 and/or at email@example.com
10. Other terms and conditions
- The Organizer shall not entertain any grievances or queries regarding the Promotion on or after 10th January 2022. The Participants shall indemnify and keep the Company, its officers and directors always indemnified against any loss, damages, costs, expenses, claims, demands, etc. arising out of or in consequence of violation / infringement of intellectual property rights of anybody or these terms and conditions.
- The participant shall not use the Promo to post any defamatory, obscene, offensive response or response which may hurt the personal, religious, social, political or other sentiments or feelings of anyone in any manner whatsoever. The participant shall be solely responsible and liable for such response. The Company shall have the right to exclude such responses from the Promo.
- The participant shall not use the Promo to harm the reputation of the Company or its associate companies or any of its products including Nutella.
- All decisions of the Organizers in any matter relating to the Promo shall be final and binding on the participants.
- Organizers reserve the sole right to change / edit Promo details at any time at its discretion and /or alter these terms and conditions without any consent, connivance, notice or intimation to anyone to resolve the difficulties, if any, during implementation of the Promo.
- Organizers do not guarantee continuous or uninterrupted conduct of Promo and is not liable in case of any interruption or discontinuation of the Promo or the non-availability of the stock of Promo Packs.
- The Participants agree to have their name, personal details including photo published or uploaded on social or other media, to be used by the Organizers without any consideration, compensation and limitation.
- The Participants agree that the Organizers may store and use the personal information of the Participant shared for the purposes of or in connection with the Promo for the purpose of conducting the Promo as well promoting and marketing its products.
- Organizers reserve the right to modify or pull out the Promo without prior consent, connivance, intimation or notification.
- Organizers reserve the right to disqualify the participant for infringement of these terms and conditions, before or after participation / gratification.
- Promotion is in no way sponsored, endorsed or administered, by Facebook or any other social media.
- By participating in the Offer, 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 Promo, the Participant warrants that all information provided by Participant regarding Participant’s name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
- By participating, you hereby release and hold harmless Organizers and its employees and directors from any and all liability associated with the participation.
- Ferrero shall not be liable for any financial implications under this Promo.
- The Organizer reserves the right to exclude any person from the Promo on the ground of misconduct / criminal record / infringement of these terms and conditions.
- The Organizer reserves the right to terminate, modify or extend the Promo if circumstances so require.
- The Organizer and or its execution agencies shall not be liable for any loss or damage due to Act of God, government / statutory action and other force majeure circumstances including pandemics and shall not be liable to pay any compensation whatsoever for such losses.
- The Organizer and the execution agency appointed by it shall not be responsible or liable for any technical or other problems caused by any reason(s) beyond their control or due to force majeure events like strike, lock out, natural calamities, terrorist activities, etc.
- The Participants irrevocably agree that Organizer and / or the execution agency appointed by it are authorized to contact the Participant(s) in connection with the Offer even if the Participant(s) is / are registered under National Do Not Call (NDNC) or DND (Do Not Disturb) or any other facility.
- The Promo is subject to all applicable central, state and local laws, rules and regulations.
- These Terms and Conditions and the participation in the Promo shall be governed by Indian law and the court at Pune, India shall have exclusive jurisdiction in any matter in this respect.