Terms & Conditions

1. ELIGIBILITY:

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 Activation Partners our/their affiliates, advisors, advertising/ Activation agencies 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:

3. PRIZES

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 and/or their Activation Partner from and agrees to indemnify Mondelez and/ or their Activation Partner and/or Activation Partner and any of their respective 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 and Activation Partner from DND restriction imposed by the relevant Participant.

4.5. Any attempt to deliberately damage any Mondelez website or the Activation Partner's Activation 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 or our Activation Partner/s 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 and/or Activation Partner 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 and/or Activation Partner 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 Activation Partner and/or their respective 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. All attempts will be made by the Activation Partner to protect the data submitted to it by a Participant from loss and corruption, but in the event such data loss happens, Activation Partner may have to continue with whatever data is available, or in any other manner as it may deem reasonable. Mondelez and the Activation Partner should not be held responsible for any loss of data or the action taken on account of the same. Mondelez and/or Activation Partner and/or their respective affiliates and their officers, business partners, directors, employees will not be held responsible to make good any such loss or dissatisfaction on account of such loss.

4.12 Activation Partner 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 Activation Partner 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 Activation Partner 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 and the Activation Partner 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 and/or the Activation Partner 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 and/pr Activation Partner 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.

5.5. 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. For any complaints and grievances relating to services provided by any of our Activation Partners, Mondelez will not have any liability or responsibility regarding the same. Complaints in relation to such services provided by the YouTube Fan Fest team shall be directly referred to them.

5.6. 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.

5.7. 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.

5.8. Mondelez or Activation Partner 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 and/or Activation Partner 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 pho

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 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 5StarfanFest.com

7.4. Participants hereby authorize Us and/or Activation Partner to use the personal data shared in connection with the Activation.

7.5. By participating in this Activation, You also hereby give your consent to Mondelez and/or any other third party nominated to carry out profiling of your anonymized data made available through Activation Partner. Activation Partner will take the necessary measures to secure and keep safe, either directly or through third parties, any such information that You may have shared.

7.6. 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.

7.7. 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 and/or Activation Partners 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.

7.8. 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 and/or Activation Partners 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:

8.1 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 and/or Activation Partner ("Force Majeure Event"). We and/or Activation Partner shall not be liable for any delay or adverse effect caused to the Participants in the Activation including the Winners/Prize(s) 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 and/or Activation Partner, shall be governed and construed in accordance with the laws of the Republic of India.

10. PUBLICITY:

10.1 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, Activation Partner and any of 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 or event organised by YouTube Fan Fest team 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, Activation Partner and any of its/ their respective 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 and/or Activation Partner and/ or its/their respective 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. 22/09/2023 and end at 11:59 p.m. on 25/09/2023 ("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:

• i. To enter the Activation the participant shall enter the microsite through social media advertisement which will lead You to the Activation site www.5StarFanFest.com . Participation is subject to the Participant agreeing to adhere to T&C’s.
• ii. The Participant will reach the microsite and to enter the Activation, the Participant shall at his/her sole enter his/her name, mobile number & email ID on the site.
• iii. Post submission of the required information on the microsite, out of all participants who enter their details, UP TO 15 participants will be selected through a computerized random selection process at the sole discretion of Mondelez, who will be eligible to win Prizes. the Participant will be eligible to win the Prize as listed in Annexure – II.

ANNEXURE II

PRIZES

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:

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.