1. Program: “MUNCH STAR CONTEST” (hereinafter referred to as ‘Program’) is conducted by Nestlé India Limited (hereinafter referred to as ‘Nestlé India’) having its registered office at 100 / 101, World Trade Centre, Barakhamba Lane, New Delhi – 110001 and Agency .
  2. 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 as well as the decisions of Nestlé India, which are final and binding in all matters related to the Program.
  3.  In case of any conflict, these Terms and conditions will be considered final and binding in all matters related to the program.
  4. The Program shall run for the period commencing from 13th March, 2021 at 00:00 hours and concluding on 31st March 2021 at 23:59:59 hours, (hereafter referred to as the ‘Program Period’) only on Instagram platform
  5. Any entry received outside of the Program Period (as defined in point 4) shall not be entertained and will be summarily be rejected.
  6. Eligibility:
    1. Participant(s) must be a citizen of India; residing in India. Residents of other countries and non- Indian citizens are not eligible to participate.
    2. Participant should be between 13 to 30 years old as of 13 th March 2021 to be eligible to participate.
    3. 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 organising the Program(s) are not eligible to participate.
    4. Participants who are minors (below 18 years of age) need to submit a consent form (available in Annexure A) from their parents / legal guardians, failing which the corresponding entry/entries will be deemed invalid.
    5. Any Participant who is a minor and below the age of 18 years is required to perform under the guidance of Parental/ guardian supervision, and shall submit their entry via the Instagram account of a parent/guardian.
  7. No purchase of either Nestlé MUNCH or any other product sold or marketed by Nestlé India is required to participate in the Program. No charges are payable to Nestlé India or the agency to participate in or win the Program.
  8. Program Participation: To participate in the Program, the Participants need to submit/ upload a video of themselves singing. The participant has to be clearly visible in the video. The song sung by the participants has to be in Malayalam only.
  9. To participate in the Program, the Participant should upload the video/ picture on Instagram using the hashtag “#munchstarsinger” and by tagging @nestle.munch account. Posts without hashtag & tagging of Nestle Munch account will not be considered valid.
  10. To ensure valid participation, participant to ensure that their profile is public for Nestle to be able to access the respective post. Kindly note, No DM or comment on Nestle Munch post would be accepted.
  11. For valid participation, participant is required to post a fresh (new) post during the program period (described above). Previous post or re-post with the hashtag and tag will not be considered as valid participation.
  12. No reposts by friends/family will be accepted. The participant has to post the video from his/her account. In case of a minor, the post can be shared by parent/guardian from their account. The consent form has to be shared supporting the same.
  13. Top 14 entries* will be selected based on the likes received on the post by 31st March 2021 at 23:59:59 hours. The likes on the posts will be calculated by system as per IST standards & time. *Nestlé India reserves right to change the number of the top entries/winners.
  14. The top 14 winners will be sent to a third party agency, Aum Productions, by Nestle who will further evaluate the entries and select top 4 winners.
  15. The top 4 winners will have their entries aired on Star Singer show in the episodes on 10th and 11th April 2021 tentatively with the balance 10 entries being shown in a static branded slate.
  16. The criteria for choosing winners from top 14 for the third party agency is as follows-
    • Pitch
    • Singing perfection
    • Dynamics & fluency
    • Presence
    • Voice clarity
    • Song choice/Prep
  17. A Participant can submit only 1 entry of maximum duration of 60 seconds. This will be the highest limit per post per profile.
  18. Entries are required to be submitted only according to the procedure described above. Entry submitted through any other mode/platform shall not be entertained. The decision of Nestlé India shall be final, binding and non-negotiable.
  19. Entries must inter alia comply with the following guidelines:
    1. All Entries submitted must comply with the aforesaid described Terms & Conditions and terms of use of Instagram and the Program website;
    2. Cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
    3. Cannot promote alcohol, illegal drugs, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
    4. Cannot be obscene or offensive, endorse any form of hate, hate-speech or hate group; or religious sentiments
    5. Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities;
    6. Cannot defame, misrepresent or contain disparaging or slanderous remarks about  Nestlé India, its customers or its products, or other people, products or companies;
    7. Cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e- mail addresses or street addresses;
    8. Must be original and cannot contain copyrighted materials owned by others (without permission and cannot be plagiarized from any source);
    9. Cannot contain background artwork, unless it is an original work of the Participant;
    10. Cannot depict, and cannot itself, be in violation of any law.
    11. By submitting an entry the Participant warrants and represents that it: (a) is the Participant’s original work,  (b) does not infringe upon the copyright, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (c) that the Participant has obtained permission from any other person whose name, likeness or image is used in the photo and (d) and that publication of the entry via various media including Web posting, will not infringe any third party rights. The Participant will indemnify and hold harmless Nestlé India and the Promotion Parties from any claims to the contrary.
    12.  By entering, the Participant acknowledges that Nestlé India has no obligation to use or post any entry submitted by the Participant.
  20. All the winners will be declared on or before 14th April 2021 on the official  Nestlé MUNCH India Instagram page. In case of any changes in the above date, same would be declared on Munch Instagram page & participants would be accordingly informed on the contact details so provided by them.
  21. The entries will be validated after due verification and in accordance with the terms and conditions stated herein. The winner(s) shall, prior to collection of the prize, may be required to submit to Nestlé India or Agency, valid ID proof, residence proof, PAN and/or any other document as specified by Nestlé India/Agency. The participant, if required, agrees to submit an affidavit in the prescribed format as to satisfying all the terms and conditions, tender evidence, if so required by Nestlé India.  For valid ID proof as well as residence proof, any two of the following may be submitted:  a) Passport, b) Voter ID c) Driving License d) UID/Aadhar Card e) Nationalised bank passbook with photograph. The proofs & documents have to be submitted within 48 hours of contact. Post which, next candidate for winner would be considered.
  22. The prize(s)/Recognition are non- transferable and non-negotiable.
  23. The use of internet may be chargeable at the regular tariff rates. Consult beforehand with your service provider to know these charges. If entries are received for participation, it is assumed that the person sending in the entry has provided us with the permission to send SMS to or call him/her, whether or not such sender is registered on the National Do Not Call Registry.
  24. Posts of participants chosen as top 14 entries shall be decided by Nestlé India which shall be binding, non-contestable and final. All entries  sent by the Participant(s) would be received, monitored, verified, authenticated and stored by the Agency in their computer systems and shall be shared only for the purpose of the Program and/or other activities carried out related to the said Program.
  25. Entries submitted by the Participants which do not comply with these terms and conditions will be rejected. Nestlé India reserves the right at its sole discretion to disqualify any such entry at any time.
  26. Mere participation in the Program or submitting the Comment(s)/ Pictures does not entitle the participant to the prize(s) unless all other terms and conditions are fully met. Failure to comply with any of the terms and conditions hereof or any fraudulent conduct shall disentitle the participant.
  27. By entering into the Program and accepting the prize, the Participants and prize winner(s), respectively, stand to waive all such  rights inherent and otherwise under copyrights, rights of publicity and any related rights. The Participant, upon participation in the Program, willingly and of their own volition, consent to Nestle India’s right to audiography, videography, picture, tape or portray him/her as a participant/ prize winner and to exhibit this material in any and all media now existing or hereinafter created, including (without limitation) television, film, radio and print media without any compensation whatsoever for such advertising and publicity for perpetuity, except where prohibited by law.
  28. The participant agrees to be bound by the terms, including in particular those relating to the collection, retention, use and sharing of personal data; and the participant confirms that he/ she has gone through Nestlé’s Privacy Policy – www.nestle.in/info/privacypolicy and that he/ she has no objection in collection or processing of their data according to the manner carved out in the privacy policy.
  29. The personal data of Participants as collected by Nestlé India’s associates/partners or affiliates or the agency shall pass personal data to  Nestlé India. Such personal data shall be administered and treated as per 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.
  30. Nestlé India encourages Participants to read the privacy notice of any such company before sharing personal data. If Participant does not want his / her personal data to be collected by or shared with a company other than Nestlé India, Participant can always choose not to participate in such activity. If Participant do opt-in to communications from such a company, remember that Participant always have the right to opt-out and Participant would need to contact that company directly to do so.
  31. If Participant has any questions or comments regarding this Privacy Notice or Nestlé’s personal data collection practices, please contact by sending an email Generic.INDataPrivacy01@IN.Nestlé.com
  32. Nestlé India Limited 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 or 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
    By participating in the Program, each participant agrees to hold harmless Nestlé India and its affiliates, directors, officers, employees and agents, as well as all others associated with the development and execution of this Program, from and against any and all liability with respect to or in any way arising from this Program, the awarding and use, misuse or possession of the prize, including liability for personal injury, except where prohibited or limited by law.
  33. Nestlé India reserves the right to change the terms and conditions of this Program and to alter or terminate the Program at any time without prior notice. The link with an updated version of the terms and conditions will be available on the official Instagram page of Nestlé MUNCH page along with www.instagram.com/munchstarsingert&cs
  34. Nestlé India/Agency shall not be liable for any failure to comply with its obligations mentioned herein, caused by any pandemic, epidemic, weather conditions, fire, flood, hurricane, strike, war , riots, political unrest, civil commotion, terrorist attacks, or any other event amounting to Force Majeure and beyond their control.
  35. The Program is applicable only for participants residing in India.The Program is not available where prohibited by any law.  All relevant national and local laws apply. All disputes to be settled within the jurisdiction of the Courts in Delhi only.
  36. By participating in the Program, each participant specifically accepts as follows (a) that he/she has fully read and understood all the terms and conditions and be unconditionally bound by them b)  that he/she satisfies the eligibility requirements under these rules c) that he/she unconditionally accepts the winner so selected d) that he/she shall honour all decisions of Nestle India with regard to the Program and its interpretation and not challenge them (e) to comply with all Central, State, Local Laws and Regulations.

ANNEXURE A

CONSENT FORM FOR PARTICIPATION OF MINORS

  1. I, ________________, hereby agree that my minor child (under the age of 18 years as on 13TH March 2021), __________________________ (“Participant”) may participate in the ‘MUNCH STAR PROGRAM’  (“Program”) being conducted by Nestlé India Limited (“Nestlé”), and expressly and irrevocably give my consent to own, use, reuse, adapt, edit, reproduce, publish, develop, broadcast, compile, present etc. (including but not limited to all commercial or non-commercial purposes, arising now or in future), the TVC image/ photograph/ picture as captured or shot of the Participant.
  2. I confirm that I and the Participant are presently residing in India; and I, in my entire legal capacity - give express consent, agree and have no objection whatsoever to the use of the ‘to be used, reproduced, adapted, translated, exhibited, transmitted and/ or broadcasted by any means or media including the internet, intranet, Websites, Digital platforms (Facebook, Instagram and Nestlé micro websites) TV, and/ or any other medium as deem fit for all promotion and awareness in connection / conjunction with the Contest for its use worldwide and for perpetuity. Submission by the Participant can also be used, reproduced, compiled or showcased as a part of record by any entity authorized by Nestlé for perpetuity worldwide.
  3. By participating in the Program, I on behalf of the Participant have accepted the complete terms and conditions of this Program available on Nestlé Munch Facebook/Instagram page(“Terms and Conditions”) as well as the decisions of Nestlé, which are final and binding in all matters related to the Program.
  4. It is understood that neither I nor the Participant own the Copyright of the photograph(s), and/or submission by the Participant or their negatives and any and all the intellectual property rights therein and the Copyright in the same shall vest with Nestlé and or third party entities authorized by Nestlé/ representatives of Nestlé for perpetuity.
  5. I grant to Nestlé all rights of every nature relating to the reproduction and use of such submission and waive any rights that I may have pursuant to any statute or law. I, also, waive any right I might have to inspect and/or approve any submission by the Participant.
  6. I hereby agree that if the contents of this Consent Form are untrue, incomplete or false in any manner, Nestlé has the right to cancel the Participant’s entry and disqualify the Participant and decision of Nestlé shall be final.
  7. Dispute/s if any will be subject to the jurisdiction of the Courts at New Delhi, India only.
  8. I also agree that this Consent Form shall be binding on me, the Participant and our respective heirs, legal representatives, and assigns.
  9. I hereby warrant that I am a legally competent adult, and a parent or legally appointed guardian, of the Participant named above, and that I have every right to contract for the Participant in the above regard.
  10. I understand that the Terms and Conditions shall apply and be read in conjunction with the Consent Form. Capitalized terms not defined herein shall have a meaning ascribed to them in the Terms and Conditions.

READ, UNDERSTOOD AND ACCEPTED BY:



Signature:

________________________________Date:________________________________

Name:


 Copy of the Consent Form shall be shared in the form of DM (direct message) with Nestlé Munch Instagram page (nestle.munch).