Terms & Conditions

This 5 Star Erase Valentine's Day(hereinafter referred to as "Activation") is an activation program 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/MDLZ"). Please read these terms and conditions including that set out in Annexures hereto (together referred to as "T&Cs") before participating in this Activation. In case of conflict between the terms and conditions herein and that under the Annexures, the provisions of the Annexures shall prevail.

Participation in this Activation is voluntary. You agree that, if you chose to participate in this Activation, you will be bound by these T&Cs and you acknowledge that you satisfy all eligibility requirements for the Activation as provided herein below.

Participation in this Campaign can be done by visiting www.erasevalentinesday.com ( "Website").

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

This is a limited period Activation and relates to our product, Cadbury 5 Star ("Product")

1. ELIGIBILITY:

1.1. You need to fulfil the following eligibility criteria to participate in the Activation:

1.1.1. You need to be a natural person;
1.1.2. You should be an individual legal resident and citizen of the Republic of India;
1.1.3. You should be of an age 18 years or above at the time of entry into the Activation;
1.1.4. You shall be legally competent to enter into binding contract under the applicable laws of India.

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

1.2. Employees, their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren) of Mondelez and/or agencies or partners associated with the Activation, our/their affiliates, advisors, are not eligible to participate or avail any benefits under the Activation.

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

1.4. Mondelez reserves the right to exclude or disqualify any person from the Activation 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 Activation; (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 Mondelez or which may be considered disparaging; or (f)for any other reasons, as it may deem fit and proper.

2. DETAILS OF THE ACTIVATION AND HOW TO ENTER:

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

3. PRIZES

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 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 or the Activation partner, You acknowledge, by participation in this Activation, that You hereby release Mondelez and/or its Activation partner 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 and/or Activation partner 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 Winner has any grievance with respect to the Prizes, the Winner may directly contact the manufacturer or supplier/retailer/service provider as may be applicable.

4. ADDITIONAL TERMS:

4.1. We may, at our sole discretion, change the T&Cs or cancel the Activation at any time; or modify, terminate, or suspend the Activation 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 Activation or submission of entries

4.2. By entering the Activation, the Participant hereby releases Mondelez from and agrees to indemnify Mondelez and its 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 Activation 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 Activation, 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 Activation; (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 Activation; (g) if the Participants do not have mobile phones or other gadgets or means that support the Activation link/technical requirements; (h) if the Participant has registered himself/herself to the DND of the telecom provider/ the Participant has registered with National Do Not Call Registry/ Participant has specifically requested for not receiving messages for the specific Activation/contests; (i) other conditions beyond Our reasonable control or any Force Majeure Event. The Participant putting a missed call under the terms of this Activation is deemed to be express consent on the part of Participant to exempt Mondelez from DND restriction imposed by the relevant Participant.

4.5. Any attempt to deliberately damage any the 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 Activation may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, We reserve the right to seek damages to the fullest extent permitted by law. If We incur any costs in connection with any breach of these T&Cs or any other legal obligation by the Participant, the Participant agrees to indemnify Us for those losses, damages, and costs.

4.6. We, in our sole discretion reserves our right to exclude You from the Activation and/or not to attribute the Prize, and/or to cancel all or part of the Activation, 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 Activation; (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 Activation or the downloading of any materials related to this Activation.

4.8. If this Activation 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 Activation, as appropriate.

4.9. If for any reason this Activation 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 Activation, Mondelez reserves the right in its sole discretion to cancel, terminate, modify or suspend the Activation, subject to any written directions made under applicable State or Territory legislation.

4.10. Mondelez and/or its affiliates, and their officers, directors, employees accept no liability and shall not be responsible and/or liable in any manner whatsoever in case the Participant is unable to submit his/her entry for any reasons whatsoever including due to failure on the part of the telecom operator, facility provider, internet issues, device compatibility, capacity constraints. etc.

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

5. MISCELLANEOUS

5.1. This Activation is being made purely on a "best effort" basis and participation in this Activation 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 delivering the Prizes, transportation or any other aspect which may impact the operation of the Activation 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 Activation in that regard will be treated as a Force Majeure Event (defined below). In the event of any directions of the Government applicable for consumers/Participants/ Winners, You shall ensure due compliance to the same and Mondelez cannot be held liable for any non-compliance in that regard.

5.3. You agree that all decisions related to the Activation 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 Activation including but not limited to cost incurred in regard to the Prizes. Announcements and information about the Activation shall be posted on the same page where these T&Cs are posted.

For any disputes, complaints, queries pertaining to this Activation, 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 Activation. Failure to do so will to tantamount to the expiry of any claims in connection with the Activation submitted by a person.

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

5.6. If a person chooses to access this Activation 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.

5.7. 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 promotional material(s) and all Activation related material including those submitted by Participants shall vest solely and exclusively with Mondelez at all times. Mondelez or any person or entity permitted by Mondelez in this regard shall be entitled to use the responses/material or any information in connection with the entry, received in any medium whatsoever, for all its future promotions, marketing, publicity and/or any other purpose, without any permission and or payment to the Participant.

6.2. The Participant undertake that they shall not violate any third-party intellectual property while submitting any material (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording submitted by the Participants.

7. PERSONAL INFORMATION AND PRIVACY POLICY:

7.1. When You participate in the Activation, 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 Activation. By participating in the Activation 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 on the Activation home page where these T&Cs are posted, to understand and acknowledge what we do with your information including your personal data. Please note that your acceptance of these terms and conditions and Your participating in the Activation 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. We reserve the right to refuse to issue Prizes to the 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 Winners of any Prize(s) under this Activation shall be posted on erasevalentinesday.com

7.4. Participants hereby authorize Us and/our authorized agencies to use the personal data shared in connection with the Activation.

By participating in this Activation, You also hereby give your consent to Mondelez and/or its authorized agencies to carry out profiling of your anonymized data made available through Activation

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

7.6. Your personal information may be retained and may continue to be used until: (i) the relevant purposes for the use of Your information described in this clause are no longer applicable; and (ii) We 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 Activation 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 Mondelez ("Force Majeure Event"). We shall not be liable for any delay or adverse effect caused to the Participants in the Activation 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 Activation. Participation in the Activation 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 the rights and obligations of the Participants and/or Mondelez , shall be governed and construed in accordance with the laws of the Republic of India.

10. PUBLICITY:

By participating in the Activation, you give Mondelez and/ or its affiliates permission to use your name, likeness, images, videos, voice, appearance and the like as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like ("Publicity Material"), provided or taken or made in relation to the Activation and any promotions, events, or Activations to follow. You agree that Mondelez and/or its affiliates have the right to publish Your saved item details/Publicity Material or the material submitted by you for any communication, promotions, events or Activations 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 Activation, you will be legally bound hereby, to release from liability, and hold harmless, Mondelez and its / their respective affiliates, employees, directors, representatives and agents for any matters and for any and all liability in relation to this Activation, including in relation to the quality of the Prizes, any personal injuries (including death) or harm, property loss or damage, misuse of the benefits/ Prizes offered under this Activation, violation of any third party intellectual property in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Activation, even if caused or contributed to by Our negligence.

11.2. By participating in this Activation, you agree to indemnify Us and any our officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the Prize or participation in the Activation 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 Activation and shall not hold Mondelez andour affiliates responsible for payment of the same and/ or any dispute arising in relation thereof.

ANNEXURE I

DETAILS OF THE ACTIVATION AND HOW TO ENTER

1. Activation Period: This Activation will commence from 00:01 a.m. 01/02/2024 and end at 3:59 p.m. on 14/02/2024 ("Activation Period"). Any entries before or after the Activation Period will not be considered. We reserve our right to cancel/modify/extend the Activation Period or the T&Cs applicable to this Activation without giving any prior notice to You. No claims/questions shall be entertained in this regard.

2. This Activation is applicable PAN India except the State of Tamil Nadu.

3. You must comply with and satisfy all the required criteria to be entitled to participate in the Activation 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 Activation may disqualify You from the Activation or from winning a Prize.

4. How to Participate

• To enter the Activation the participant shall enter the Activation Website through the Website www.erasevalentinesday.com . Participation is subject to the Participant agreeing to adhere to T&C's.
• The Participant in his/her sole discretion can enter his/her name, mobile number & email ID on the Website if he or she wish to participate in the Activation.
• Post submission of the required information on the Website, all Participants will receive an online ID card for mission by 5 Star and the participants will be called ‘mission engineers' hereon. Also, the participants shall receive whatsapp and mail reminders with the countdown of the main event. All participants who register, will be eligible to get Erase V'day T-shirts and upto 200 Participants will be selected through a computerized random selection process at the sole discretion of Mondelez or its agencies. Such 200 Participants will be eligible to win Prizes as listed in Annexure – II. Also, all participants will have their names published in a history book that will be printed by 5 Star.

ANNEXURE II

PRIZES

1. Number of Prizes:

Out of all Participants maximum of up to 200 Winners will be eligible to receive Prize i.e. erase V'day T-shirts. ("Prize"). Prize subject to the acceptance of T&Cs. All participants who win after entering the details and answering the questions shall be referred to as "Winners". The Prizes are funded by Mondelez under this Activation. Each Participant would be eligible to win only if he/ she has participated in the Activation in the manner provided under the "Details of the Activation and How to Enter" section given in these T&Cs. Also, 1 winner will be eligible to win 1 prize only

2. Odds of Winning:

Out of all participants who enter their details few participants will be selected through a computerized random selection process at the sole discretion of Mondelez, will be eligible to win Prizes as listed below.

2.1. Prizes

Winners may be eligible to win the following Prizes

Mondelez at its sole discretion will select up to 200 Winners basis a computerised randomiser process ("Winner") and such Winner may be eligible to win the Prize. One Participant is entitled to win only 1 Prize in this Activation.

3. 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.

4. All applicable taxes resulting from acceptance of Prize(s) shall be the responsibility of Prize Winner.

5. Winner Selection, Winner Announcement and Contacting Winners:

5.1. The Winner acknowledges that Mondelez's liability under these T&Cs is limited to handing over the Prize i under this Activation. Mondelez will not pay for any transportation, food or any other costs in relation to enjoyment of the Prizes.
5.2. The Winners will be contacted by our authorized persons 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 Activation including for procuring additional information that may be required for delivering of Prizes where applicable.
5.3. Mondelez or the authorized persons will never ask for money in exchange for the Prize or under the Activation. Any such demand or claim for money under this Activation is a fraudulent action. Mondelez shall not be liable for any loss or damage that is caused to anyone who chooses to use, access or deal with any such fraudulent claim, demand or calls. Participants are advised to exercise caution and diligence.
5.4. Mondelez and/or the authorized persons 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 Activation partner \lies solely with the Participants. No justification/explanation for non-receipt of the documents or any missing documents shall be accepted.
5.5. In the event that the Winners do not respond to communications within 24 hours of initial contact, the authorized persons r reserves the right to disqualify that Winner and the Prize will be forfeited or offered to another Participant as Mondelez in its sole discretion deems fit.

6. In the event that the 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 Winner does not attend the call, or is unreachable, the Winner’s participation in the Activation will come to an end and the Winnerwill not be considered for the Prize.

7. No Prizes will be awarded if the information presented by the Participant(s) is suspected to be incorrect or fraudulent either by the independent auditor or the Activation partner basis the information earlier shared by the Participant at the time of first contact or for any other reason.

8. Additional Terms in relation to Prizes

8.1. The Prize is provided on an "as-is basis". Mondelez and their associates, affiliates, directors, officers, agents, representatives shall not be responsible or liable for failure by the Winner to redeem the Prize(s) won or to take part in the Activation itself including due to restrictions placed by any government authorities restricting movement or travel. You understand and acknowledge that this Activation is being offered on a reasonable effort basis and the ability of the Participant 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 or the hotel and other commercial establishments. Mondelez and its Activation partner shall not be held liable on this account if any Participant is unable to avail the benefit due to such restrictions.