i. These terms and conditions apply to MAGGI Masala-ae-Magic Cashback Program (hereinafter referred to as "Program") for voluntary participation of retailers & wholesalers, and is sponsored and launched by NESTLE INDIA Ltd. in association with and conducted by QwikCilver, Solutions Pvt. Ltd. having its office at No. 111, 1st floor, “Brigade Manae Court”, Industrial Layout, Koramangala 5th Block, Bangalore 560095 (hereinafter referred to as “Agency”) wherein retailers & wholesalers can participate by sending an SMS of the 10 Character alphanumeric Unique Code (herein referred to as the “Code”)printed on scratch card. This scratch card is inserted inside MAGGI Masala-ae-Magic poly pack of 96 units of MRP ₹ 5 each (hereinafter referred to as the “Promo Pack”).
ii. The Program is valid only in India from 01/04/2021 to 31/05/2021 (herein after referred as "Program Period"). The Program is valid throughout the territory of India excluding state of Tamil Nadu and is open to retailers and wholesalers who are Citizens of India only.
iii. During the Program Period, retailers & wholesalers gets a chance to win up to Rs 100 Paytm cashback. Assured reward will be Rs 20.
iv. If MAGGI Masala-ae-Magic Promo Pack is purchased before the start of Program Period i.e., 1st April 2021, then participant can SMS the entry post 1st April 2021. All participation prior to the Program Period and/or after the end date of the Program Period will be considered as ineligible.
v. The Program is subject to all applicable central, state, and local laws and regulations.
vi. Retailer or Wholesaler participating or seeking to participate in the Program shall individually be referred to as "Participant" and collectively as "Participants".
vii. Regular call and message rates will apply as per the consumer telecom operator in their respective circle.
viii. The participant will have an option to claim the reward in form of Paytm cashback code.
ix. Winner will be chosen at the discretion of Agency and NESTLE INDIA LTD. The winners will have to log in to their Paytm App/Web to claim the respective reward code.
x. NESTLE INDIA LTD. & the Agency reserves right to cancel / amend / extend the Program Period without giving any notice/intimation. No claims/questions shall be entertained in this regard.
xi. You will be governed by Privacy policy of Paytm, to avail the services.
Agreement to Terms and Conditions:
By participating in this Program, Participants fully and unconditionally agree to and accept these Terms and Conditions available on www.woohoo.in/tradepromotion (“Program Website") as well as the decisions of NESTLE INDIA LTD., which are final and binding in all matters related to the Program. Successfully entering the Program and winning a prize is subject to fulfilment of all terms and conditions mentioned herein.
NESTLE INDIA LTD. reserves the right to exclude any person from the Program on grounds of misconduct, Fraud or criminal record.
NESTLE INDIA LTD. reserves the right to terminate, modify or extend the Program, at any time at its absolute discretion, without assigning any reason. All decisions of NESTLE INDIA LTD. in respect of the Program and the prizes/cashback therein will be final and binding.
If this Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of NESTLE INDIA LTD. and/or its Agency, including but not limited to technical difficulties, unauthorized intervention, or fraud, NESTLE INDIA LTD. / Agency reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to invalidate any customer; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate, or cancel the Program, as appropriate.
If for any reason this Program is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond the reasonable control of NESTLE INDIA LTD. or the Agency, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, NESTLE INDIA LTD. Reserves the right in its sole discretion to cancel, terminate, modify or suspend the Program.
Rights to use data - By participating in this Program:
The participant expressly confirms and represents that he/she has read the Terms & Conditions of the Program on how to enter, and details on usage, collection, retention and sharing of personal data;
The participant agrees to be bound by the terms, those relating to the collection, retention, use and sharing of personal data; and
The Participant hereby consent to the collection, receipt, storage, use, transfer and retention of his/her personal information as defined under the Information Technology Act, 2000 and the rules and regulations thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Personal Information”)
The Participant’s personal data as collected by the Agency and shall be passed to NESTLE INDIA LTD. The personal data shall be administered and treated under the Agency and NESTLE INDIA LTD.’s privacy and data collection guidelines. Such data collected and retained may be used by Agency or NESTLE INDIA LTD. and or its related associates/partners/ affiliates for marketing, internal study, and data analysis purposes.
The Participant has the rights to: (i) review Personal Information (defined below) for deficiencies and inaccuracies, and request NESTLE India Ltd./Agency to correct or amend the Personal Information, to the extent deemed feasible; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that NESTLE India Ltd./Agency shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend my Personal Information, NESTLE India Ltd. shall be entitled to disqualify participation in the Program, as deemed fit and necessary at its sole discretion.
NESTLE INDIA LTD. 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
To avail the offer Winners will be subject to the T&Cs of Paytm. The validity of Paytm Cashback code will be till 31st Dec 2021.
Eligibility:
This Program will be open to all the residents of India except for employees, their immediate family members, agents, distributors of NESTLE INDIA LTD. and the Agency.
NESTLE INDIA LTD. or the Agency will not be responsible for any NDNC (National Do Not Call) Registry regulation that will come into play. All Participants who participate will agree as per the terms and conditions that even if they are registered under NDNC, DND (Do Not Disturb), NESTLE INDIA LTD. The Agency will have all the authority to call such shortlisted winners by virtue of them having voluntarily participated in the Program.
Program Timings:
The Participants who send the valid and correct SMS between 12:00:01 AM to 11:59:59 PM (here in after referred as "Program Timings") during the Program Period as described above are eligible to participate in the Program.
Time of participation will be defined as the time at which the entry is received through the SMS mode of participation at Agency’s computer system.
Entries coming outside the Program Period will not be considered for winner selection.
The Program is applicable only on MAGGI Masala Ae Magic poly pack of 96 units of MRP ₹5 only.
Prize:
Participant can participate once with each scratch card. Participation to be as per Terms and Conditions laid down herein. Participant will be eligible to receive assured cashback of Rs 20. Participant can win maximum cashback of ₹ 100.
Participant will get to know prize value post sending the Code via SMS.
In prizes, Participants shall win either ₹20 or ₹100 assured Paytm cashback code.
How to Participate :
To participate in the Program, Participants are required to send an SMS as below:
a. SMS MAGGI<Space>10 Character Unique Code<Space> to 7036185000 to receive Paytm Cashback code.
1 Code can be redeemed only once during Promo Period. A Code shall only be valid for one-time participation.
Selection of Winner shall be subject to fulfilment of all terms and conditions of the Program.
In case of any query, please write to tradepromotion@qwikcilvermail.com or call on 080-67181401. Concierge Lines are open only from Monday to Friday between 10:30 am to 5:30 pm and are closed on weekends /public holidays including bank holidays.
Winner Selection :
A Participant can win any number of times per mobile number basis the valid participation. A participation will be considered valid if SMS is sent in correct format & SMS is sent during the Promo Period.
NESTLE INDIA LTD. or its agency shall not be responsible if in case Participant provide incorrect or incomplete details. No initiation or call to any Participant will be made and Participant will not be entitled to receive reward against such claims.
The Unique Paytm Code after the expiry of the Promotion Period and the participant by participating in the Promotion agree to waive off right of redemption post the date of expiry of the Promotion Period.
Prizes will be given subject to the winner satisfying the verification process of NESTLE INDIA LTD. or the Partner Agency.
NESTLE INDIA LTD., and Partner Agency shall have a right to ask for the original scratch cards in case of any query raised by the Participants during the Program Period, non – submission of which shall render the Participant as not eligible to participate in the Program.
Neither NESTLE INDIA LTD nor Agency will be liable for any delay in actual redemption under this Offer reflecting in the customers’ account.
NESTLE INDIA LTD. Or its Agency shall not be responsible for any loss or damage to the Code due to inappropriate scratching of the card.
Any of the reward as part of this Offer is non-transferrable, non-refundable; and no physical cash payment will be made in lieu of this. At any stage, NESTLE INDIA LTD., and/or Organizer reserve their right to call upon the Participant to submit any document for verification of identity as per its sole discretion.
NESTLE INDIA LTD. & its Agency does not endorse the quality of any of the products or services being offered by Paytm. In case of any query, please call on 080-67181401. Concierge Lines are open only from Monday to Friday between 10:30 am to 5:30 pm and are closed on weekends /public holidays including bank holidays.
The image of the prize depicted on the press ads/posters/TVC's/pack shots etc. are for illustrative purposes only and the actual prize may vary from the depiction made.
NESTLE INDIA LTD. or its Agencies shall not be liable for any loss or damage of the prize due to Act of God, Governmental action, Force Majeure circumstances and / or any other reasons which are beyond the reasonable control of NESTLE INDIA LTD./ its Agency, and under no circumstances, NESTLE INDIA LTD. shall be liable to pay any compensation whatsoever for such losses.
Publicity:
The Participant/s undertake and irrevocably and unconditionally permit NESTLE INDIA LTD. to cover the Program through various media including newspapers, radio television news channels, internet, point of sale materials, etc., and shall not raise any objection, protest, or demur to such coverage or in this regard.
The winners must, at the request of NESTLE INDIA LTD., participate in all Program activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to NESTLE INDIA LTD.
Intellectual Property:
All right, title, and interest, including but not limited to the Intellectual Property Rights, in the Program material(s) and in all responses received shall vest solely and exclusively with NESTLE INDIA LTD. At all times. NESTLE INDIA LTD. or any person or entity permitted by NESTLE INDIA LTD. in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future Program, marketing, publicity, and any other purpose, without any permission and or payment to the Participant.
The Participant hereby agree, represent, and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by NESTLE India Ltd. promptly, as and when called upon, in relation to his/her participation in this Program.
All material submitted in connection with the Program (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to NESTLE INDIA LTD. upon submission and become the property of NESTLE INDIA LTD. exclusively. NESTLE INDIA LTD. may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of NESTLE INDIA LTD.
General Conditions :
Each Participant represents and warrants that he/she is legally competent to enter binding contracts under applicable laws. By taking part and/or entering the Program, 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.
The decision of NESTLE INDIA LTD or its Agency, as regards the selection of winners and distribution of the prizes shall be final, subject only to NESTLE INDIA LTD. approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
No queries, claims, dispute, complaints, or grievances shall be entertained by NESTLE INDIA LTD. and its Agency after 15 days from the date of the closure of the Program.
The prize cannot be exchanged and is not transferable and cannot be converted into cash.
NESTLE INDIA LTD. reserves the right to change, defer, alter, or cancel this Program in part or full, or change any or all the terms and conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Any decision of NESTLE INDIA LTD. in this regard and in general with respect to this Program and the terms and conditions thereto shall be final, binding, and non-negotiable.
Nothing contained herein amounts to a commitment or representation by NESTLE INDIA LTD. to conduct further Programs.
The decision of NESTLE INDIA LTD. shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or Partner Agency between any Participant and NESTLE INDIA LTD. and the Participant shall not have the authority to bind NESTLE INDIA LTD. in any manner whatsoever.
NESTLE INDIA LTD. or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents etc.
NESTLE INDIA LTD. Or its Agency shall not be liable to perform any of its/their respective obligations under the Program or in respect of the prize where it is unable to do so because of circumstances beyond its/their control in fire, explosions, natural calamities, state emergency, riots, or any other Force Majeure condition, etc., and shall not be liable to compensate the Participant in these circumstances.
NESTLE INDIA LTD. or it’s Agency shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.
Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of NESTLE INDIA LTD. or its Agency.
NESTLE INDIA LTD. or its Agency accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted, or misdirected entries, loss of SMS, loss of internet connectivity, unique codes, documents, demand drafts, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. NESTLE INDIA LTD. or it’s Agency shall not be liable for any consequences of user error including (without limitation) costs incurred.
If a Participant is dissatisfied with the Program or the Program rules and/or any content or any requirements of the Program form, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Program.
If a person chooses to access the Program Website from outside India, he/she shall do so on his/her own initiative and shall be responsible for compliance with applicable local laws of the country.
The participation in the Program is purely voluntary and the same shall be construed as an acceptance of the terms and conditions stipulated herein.
To participate in this Program Regular call and message rates apply
To participate in this Program, Standard fair usage policy and usage norms set by the respective telecom operator apply.
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The Program is subject to the guidelines/directions issued by the Telecom Regulatory Authority of India, Department of Telecommunications, and any governmental or statutory authority as may be applicable from time to time.
In case of queries, consumers can reach out to Partner Agency on 080-67181401 from Monday to Saturday, 10:30 AM to 5:30 PM. Lines will be closed on public and bank holidays. Standard calling rates apply.
The Agency is not responsible for Non-Delivery or receipt of an SMS by their servers or on the end user’s device due to customer handset issues, network issues or due to any issues at cellular operator’s end. By participating in this program, the customer understands that all such queries are to be directed to their current service provider directly and not hold Agency or NESTLE INDIA LTD. responsible for the same.
Release and Limitations of Liability:
NESTLE INDIA LTD. and its Agency shall under no circumstances be liable, whether jointly or severally, for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, because of acceptance of any prize.
By entering the Program, the Participant hereby releases from and agrees to indemnify NESTLE INDIA LTD. and/ or any of its respective officers/employees from and against all liability, cost, loss, or expense arising out of acceptance of the prize or participation in the Program including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
NESTLE INDIA LTD. and its Agency accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, Agency or third parties in relation to the prizes.
The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Program by conducting an illegal act. Participant also undertakes to indemnify NESTLE INDIA LTD. and/or its Agency and their respective officers, directors, employees, and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by NESTLE INDIA LTD. or its Agency on account of such act on the part of the Participant.
In consideration of NESTLE INDIA LTD. allowing the Participant/s to take part in the Program, to the maximum extent permitted by law, the Participant/s waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against NESTLE INDIA LTD. its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Program or related to the Program or the prize of the Program.
