TERMS AND CONDITIONS
This ‘Cadbury Madbury’ campaign (hereinafter referred to as "Campaign") is launched by Mondelez India Foods Private Limited having its registered office at Unit No 2001, 20th Floor, Tower-3 Wing-C, Indiabulls Finance Centre, Parel, Mumbai- 400 013. Please read these terms and conditions ("T&Cs") before participating in this Campaign.
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 Campaign and "We" or "Our" or “Mondelez” shall mean Mondelez India Foods Private Limited.
You need to fulfil the following eligibility criteria to participate in the Campaign:
- You need to be a natural person;
- You should be an individual legal resident of the Republic of India;
- You should be of an age 18 years or above at the time of entry into the Campaign;
- 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 Campaign shall individually be considered and referred to as “Participant” and collectively “Participants” for the purpose of these T&Cs.
Our / campaign organiser’s employees, their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and our affiliates, advisors, advertising/ Campaign agencies are not eligible to participate or avail any benefits under the Campaign.
2. DETAILS OF THE CAMPAIGN AND HOW TO ENTER:
- The submission for online entries of Campaign will commence from 01st December 2019 and end at 12:00 p.m. on 15th of January 2020 ("Campaign Entry Period"). Any entries before or after the Campaign Entry Period will not be considered. We reserve our right to cancel/modify/extend the Campaign Entry 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.
- In order to be eligible for the Campaign, during the Campaign Entry Period, You must log on to www.madbury.in or visit My Jio App in Your mobile and create Your own Cadbury Dairy Milk bar concept by selecting from the list of ingredients available at the “Invent Your Flavor” page at www.madbury.in or at the My Jio App.
You will be required to provide a unique and creative name for Your bar as part of Your online entry for this Campaign. You will also be required to explain Your story of the inspiration behind Your creation. For the avoidance of doubt the story is optional, but it will be taken into account when determining the finalists.
In relation to the name of the bar and the inspiration behind it, online entries which feature the following will be disregarded from the selection process:
- swear words or words which in Our reasonable opinion is likely to be considered offensive;
- words that are likely to reflect negatively on the name, reputation or goodwill of any brand or person;
- anything politically motivated;
- any name which infringes the intellectual property of any third party; and
- any combination of wording which is already in existence.
By way of an example, a creation with the wording ‘Cadbury Dark Milk’ in its title would be excluded because it is already used on one of Our products.
- Once You have submitted Your online entry and subject to You qualifying all other criteria of submission of a valid entry and compliance to these T&Cs, You will then be eligible for Selection and Judging Criteria.
Selection Process and Judging Criteria:
- All valid online entries will be first selected by a campaign organizer through a random draw of lots which will be classified as the Longlist Entries.
- All Longlist Entries will further be shortlisted by a campaign organizer on the basis of Your combination of ingredients and Your inspiration story submitted with Your only entry which will be classified as ‘Shortlisted Entries’.
- All valid Shortlisted Entries will be reviewed by a separate panel of judges to select top five (5) entries as the ‘Finalists’.
The Finalists entries will be selected by the judges on the basis of following criteria-
Taste – The judging panel will review the mix of ingredients to decide whether the bar offers an interesting, realistic, enjoyable and delicious taste that would be of appeal to a mass market within India. It will also be judged on whether the taste feels significantly different to a bar on the shelves of India supermarkets at the moment and whether there is a gap in the market to launch this specific bar.
Creativity – The judging panel will review the name of the bar suggested by You and inspiration behind the entry to look at the entry in its entirety and to evaluate whether it provides an interesting and emotive reason for the bar to be created. As there may be a number of entries featuring the same ingredient, these elements are crucial to differentiating the bar from others and understanding the unique nature of the entry.
Feasibility for commercial Production – Based on a Participant’s entry Mondelez shall take into consideration the commercial, quality and regulatory feasibility of manufacturing such a product for the Indian market, for a limited edition offer or otherwise.
For the avoidance of doubt, any product which is manufactured/produced for the purpose of subjecting the sample to be tasted as mentioned in this section, shall be manufactured/produced by Mondelez only or at a nominated third party identified by Mondelez exclusively. Mondelez shall not be required to take into consideration any sample which is produced by any third party as suggested by a Participant, or which has been manufactured/produced by a Participant. Mondelez shall apply its own techniques, formulae and recipe to produce a sample as per the recommendation of ingredients conceptualised by the Participant.
- The top five (5) Finalists will be notified not later than Feb 15th, 2020. Moreover, Finalists shall take note of the following:
- Finalists will be invited to visit Our Research and Development centre at Thane i.e. Thane Technical Centre wherein they will get an opportunity to experiment and indulge in a chocolate making session to create their own Cadbury Dairy Milk bar. Each Finalist shall make his/her own arrangements for travel, stay and logistics for visiting the Thane Technical Centre, entirely at his/her own cost. Participants should ensure that such arrangements are made in a manner keeping aside sufficient time to complete the entire visit. Details of the agenda for the visit will be communicated to the Finalist closer to the date of the visit, but with reasonable advance notice.
- Finalists will need to be available for one day to travel to the Thane Technical Centre to create and design their bar during the period between Feb 15th, 2020 to Feb 29th, 2020. Finalists must make themselves available during any weekday during this period (but will be given as much reasonable notice as practically possible).
- Finalists must follow all instructions given to them on the day of their visit to Thane Technical Centre and must strictly comply with all onsite policies, procedures and SOPs applicable to a visitor at the site, including without limitation those relating to Health and Safety and Confidentiality.
- Prior to their visit, Finalists must notify Us should they have any allergies of any sort. Based on the information received for the purpose of ensuring the safety and health of the Participant, Mondelez may reject/cancel the respective Participant having such issue as a Finalist. Notwithstanding the above, every Participant undertakes that if selected as a Finalist, he/she agrees to visit the premises of Mondelez entirely at his/her own risk. Mondelez shall not be held liable or responsible for any act of negligence of such Participant resulting in any injury, accident or calamity to the Participant.
- Finalists will also need to be available for one day to take part in promotional activity during the period between Feb 15th, 2020 to Feb 29th, 2020 including photography and shooting with their final bar, media interviews and content for Our social media channels. Finalists must follow all reasonable instructions provided by Us in relation to promotional activity. Mondelez shall have the right to use any such photos, videos, interviews or any other content generated as part of this activity involving the Finalist for any promotional or commercial purpose. In this regard, the Finalist shall sign any consent form or other procedural documents in favour of Mondelez as required or requested by Mondelez.
- Important information:
- Subject to clause (d) under the Selection and Judging Criteria We will aim to, as far as possible, create the end product (which is the bar of chocolate) for Finalists as per their entry. However, it may not be possible for all the ingredients to be used or used in combination with each other. In some cases, a flavouring might need be used in replacement of the ingredient itself.
- Due to the nature of our manufacturing processes and potential procurement restraints, it may not be feasible to produce Your bar exactly as submitted by You. The bar concept submitted is for the purpose of entering the promotion and is for ideation purpose only, and may not be the bar that is produced if picked as a Finalist. Whilst We will work with the Finalists and the winner to create the bar as close as possible to their entry, this may not always be possible and ultimately, We will have the final say as to the bar which is created and the ingredients within it.
3. ODDS OF WINNING:
Odds of winning depend on the number of eligible entries received. Eligible entries are ones that satisfy the eligibility criteria outlined above and follow the steps outlined in the "Details of the Campaign and the How to Enter" section given in this T&Cs. Participants will also have to satisfy the requirements under the Selection and Judging Criteria.
4. WINNER SELECTION:
- The Finalists for the Campaign will be selected as winning entry through the process of public voting on www.madbury.in, My Jio App and social media pages like Facebook, Twitter and any other means as published by Us. Voting will be open for public during the period starting from March 1st, 2020 to Mar 15th, 2020 period (“Voting Period”). However, we reserve our right to change/reduce/extend the Voting Period at our sole discretion. Any change in Voting Period will be communicated by Us.
- We and any other third party adjudicator shall have the right, where necessary, to undertake all such action as is reasonable to protect our self against fraudulent or invalid votes including, without limitation, to require further verification as to the identity, age, and other relevant details of a voter and their voting patterns.
- We shall have sole and final determination right as to which votes are genuine and therefore eligible to take part in this Campaign and no correspondence will be entered into.
- The accuracy of the pooled results received by Us will be deemed to be final and binding and no correspondence will be entered into.
- Our decision will be final and shall have the ultimate discretion as to the Winner.
- We reserve Our the right at any time, in our absolute discretion, throughout this Campaign to verify the eligibility of any participant (including their age and place of residence); disqualify any participant found to be abusing or tampering with the operation of the Campaign or entering using fraudulent means, or who We believe to have acted in breach of these T&Cs; disqualify participants who do not give correct contact details.
- We accept no responsibility for late, incomplete, incorrectly submitted, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. For the avoidance of doubt, it is the responsibility of the participant to check junk/spam to ensure they are in receipt of promotional communication. We are not responsible for an entrant making a late claim on their win if this email is missed for any reason.
5. WINNER ANNOUNCEMENT/CONTACTING WINNERS:
Once confirmed, the winner for the Campaign will be announced by Us through Cadbury Dairy Milk Social Media pages and the Madbury Website within 15 days of completion of Voting Period.
There shall be two (2) winners which will be announced at the end of this Campaign whose winning entry of Cadbury Dairy Milk bar which will be limited edition pack will launched in the India market subject to meeting the requirements of clause (d) under the Selection and Judging Criteria. Name of the winners will also be featured on the product packaging at the time of launch of the bar (collectively “Prize”).
Under no circumstances will any cash or compensation be provided to the Participants, Finalists and/or Winners under any circumstances. The only prize offered under this Campaign is as mentioned in this section.
7. ADDITIONAL TERMS:
We may, at our sole discretion, change the T&Cs or cancel the Campaign at any time; or modify, terminate, or suspend the Campaign 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.
We will not be responsible for: (a) any SPAM generated messages; (b) any SMS 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, 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) other conditions beyond Our reasonable control.
We, in our sole discretion reserves our right to exclude You from 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 or do not meet any of the criteria set out for the Campaign; (b) acted or have the intention of act 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.
If Your entry is incomplete or if You use robotic, automatic, programmed or similar entry methods, Your entry will be void. The authorized subscriber of the e-mail account used to enter the Campaign at the actual time of entry will be deemed to be the participant and must comply with these T&Cs in the event of a dispute as to entries submitted by multiple users having the same e-mail account. The authorized account subscriber is the natural person who is assigned an e-mail address by an internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domains associated with the submitted e-mail addresses. No benefits greater than those described in the "Description of the Campaign and How to Enter" section given in this T&Cs will be awarded.
If for any reason any aspect of this Campaign is not capable of running as planned, including by reason of infection by computer virus, network failure, malware incident, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of Us which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, We may in its sole discretion cancel, terminate, modify or suspend the Campaign, or invalidate any affected entries.
- You agree that all decisions related to the Campaign us are final and binding on You. Failure by Us 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.
- 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 www.madbury.in and Cadbury Dairy Milk social media pages.
- For any disputes, complaints, queries pertaining to this Campaign, please reach out to the Us on email@example.com. Failure to do so is tantamount to the expiry of any claims in connection with the Campaign submitted by a person.
- If You are dissatisfied with the Campaign or the Campaign rules and/or any content or any requirements of the Campaign form, the materials available related thereto, or with these T&Cs, his/her sole and exclusive remedy is to not participate in the Campaign.
- 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.
9. INTELLECTUAL PROPERTY RIGHTS:
- Participants for this Campaign acknowledge that the purpose of this Campaign is to invite innovative and exciting ideas for launching a new variant of a Cadbury Chocolate. All and any intellectual property arising out of this Campaign, including without limitation, relating to recipe, formulae, methods, trade secrets, know how, process of manufacture or similar rights, shall belong to Mondelez at all points in time. The Finalists shall be required to sign such documents as required to assign all rights, including moral rights, if applicable, in favour of Mondelez. The Finalist shall have no claim whatsoever on any form of intellectual property over the ultimate product or any process involved in its manufacture, or any marketing or promotional material created as a result of this campaign. Except for what is specifically included in the Prize (as below), the Winner shall not be entitled to any royalty or any form of monetary compensation for participating in the Campaign, or for being a Winner and/or for permitting Mondelez to use the Winner’s name, photograph, videos, name suggested as a brand for the winning product.
- By entering this Campaign, You release any and all rights, title and interests including intellectual property rights and moral rights, in Your submitted concept/ online entry (including the naming of the bar, combination of ingredients selected and story/inspiration for the bar) to the benefit of Us. We (and Our affiliates and successors) will own all rights including all intellectual property rights to every creation/concept entered as part of this Campaign and are free to exploit the creations as We wish in part or in whole even if entrants or Participants are not selected as Finalists or Winners. For the avoidance of doubt, We may launch any of the creations/concepts using any of the names, and stories submitted by all entrants at any time.
- All right, title and interest, including but not limited to the intellectual property rights, in the promotional material(s) and all Campaign related material shall vest solely and exclusively with Us at all times. We or any person or entity permitted by Us 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 Campaign (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 Mondelez upon submission and become the property of Us exclusively. We may use the material in any medium in any reasonable manner it deems fit. Intellectual Property in any such material remains the sole property of Us.
- You hereby assign all rights, title and interests including intellectual property rights and moral rights, in Your submitted concept/ online entry (including the naming of the bar, combination of ingredients selected and story/inspiration for the bar) to Us. You shall further sign any other legal documents as required, or provide any further reasonable assistance that may be required in assigning all rights, including moral rights, in Your bar to Us.
- This Campaign shall not in any way affect Our discretion to make any changes to Our Cadbury Dairy Milk product range that We consider desirable at any time, including the discontinuation of any of the Finalists bars and bar created by the main prize Winner.
10. PERSONAL INFORMATION:
Participants submitting online entry under the Campaign may be contacted by Us for collection of further details for the purpose of operating this Campaign. The participant shall be solely responsible for any errors in such information provided. You agree that for the purpose of operating this Campaign, We may need to collect personal and/or sensitive personal information (“Personal Information”) from You. Such Personal Information shall only be used by Us for the purpose of operating this Campaign exclusively and for no other purpose. Providing Personal Information is voluntary; however, failure to provide such data shall result the impossibility to participate in the Campaign. Participants eligible for a Prize give their consent to the collection and processing of such Personal Information.
Participants shall have the right to access and correct/edit their Personal Information. We reserve the right to refuse to issue Prizes to the winners unless they provide their Personal Information necessary to release the Prize and to perform other activities to run the Campaign. In order to comply with applicable law, the names of the winners of any Prize under this Campaign shall be posted on www.madbury.in.
Participants authorize Us and campaign organisers to use the personal data sent to the Campaign in connection with the Campaign.
By accepting these terms and conditions you also hereby give your consent to Mondelez or any other third party nominated on its behalf to hold, store, collect or process any personal information or any sensitive personal information that you may be required to provide Mondelez as part of this Program. Such data will be collected for the purpose of running the Program and Mondelez will take the necessary measures to secure and keep safe any such information that You may have shared. In case of any grievance relating to storage of your personal information you may report the same by using any of the modes of raising complaints as provided on Mondelez’s website or by writing to the Mondelez address provided below.
11. FORCE MAJEURE:
This Campaign is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, 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 the participants in the Campaign including the winners as a result of a Force Majeure Event.
12. GOVERNING LAW AND JURISDICTION:
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.
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.
13. PUBLICITY RELEASE:
By participating in the Campaign, You give Mondelēz and/ or its affiliates permission to use Your name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made in relation to the Campaign and any promotions, events, or Campaigns to follow. You agree that and Mondelez or its affiliates have the right to publish Your saved item details for any communication, promotions, events, or Campaigns that follow. You agree that Mondelez and/ or its affiliates have complete ownership of such pictures, etc., including the entire copyright, 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, etc. for the use of such pictures, etc., 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. You give Your consent to Mondelez and/or its affiliates, agents and assigns to use Your name and likeness to promote the Campaign and any promotions, events, or Campaigns to follow.
14. LIABILITY RELEASE:
This Campaign is being made purely on a "best effort" basis and participating in this Campaign is voluntary. By participating in the Campaign, You will be legally bound hereby, to release from liability, and hold harmless Mondelez and any of its / their affiliates, employees or agents representing or related to Mondelez and its / their services/products for any matters in relation to this Campaign, including the Prizes. This release is for any and all liability for personal injuries (including death), property loss or damage, and 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. By participating in this Campaign, You agree to indemnify 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 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. You shall be liable for all the personal taxation that might arise out of the winnings from this Campaign and shall not hold Mondelez and/ or its affiliates responsible for payment of the same and/ or any dispute arising in relation thereof.