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TERMS & CONDITIONS

Terms & Conditions of Entry

1. Contest Details, Organisers and Partners

1.1 The Cadbury Dairy Milk - Win the KBC Experience Contest (“Contest”) is a consumer promotion launched by Cadbury India Private Limited (“Cadbury”) that offers its consumers who buy Cadbury Dairy Milk products and its limited edition variants, specifically Cadbury Dairy Milk bars 38gm, Cadbury Dairy Milk Fruit& Nut, Cadbury Dairy Milk Crackle and Cadbury Dairy Milk Roast Almond 42gm, hereinafter referred to as “CDM Bars”, an opportunity to win ticket to visit and watch the Kaun Banega Crorepati show live (“KBC show”) along with a host of other prizes, with participation and winner selection being governed by the criteria and conditions listed hereinafter

1.2 The Contest is organised by Cadbury, having its corporate office at No.19, Cadbury House, Bhulabhai Desai Road, Peddar Road, Near Mahalaxmi Temple, Mumbai, Maharashtra 400026. and shall be executed by AD2C India Pvt. Ltd. (“Agency” or “Contest Organizers”) who will manage all operations related to the Contest

1.3 M/s S Bagadia Associates, having its office at A-44, LGF, Dayanand Colony, Lajpat Nagar-IV, New Delhi-110024. “CA” will be give the responsibility for auditing and certifying various aspects of the Contest, including, but not limited to, Content Participation, Automated winner selection process, Prize Allocation etc.


2. Validity, Eligibility & Participation


2.1 The Contest is valid only on purchase of limited edition CDM Bars. Limited Edition packs are those bearing the Contest promotional material, a sample of which is provided below:





2.2 The Contest is open to participation from 28th September 2013 9AM to (26th December 2013) 9PM both days inclusive or till stocks last of the limited edition CDM Bars hereinafter referred to as “Participation Period”

2.3 Participation to the contest will be open every day between 9AM to 9PM each day during the Contest Period hereinafter referred to as the “Participation Timing”

2.4 Cadbury reserves the right to close the Contest, or modify the Participation Period and/or Participation Timing, at any time at its sole discretion, without assigning any reason whatsoever

2.5 Entry and participation in the Contest is open to consumers, who satisfy the following “Eligibility Criteria”:
2.5.1 Are Indian Citizens of age 18 years or more

2.5.2 Own a valid cellular GSM or CDMA phone connection in their name

2.5.3 Are not management, employees, directors or contractors, or family members of the management, employees, directors or contractors of Cadbury, its Agency or companies associated with the Promotion (including suppliers of prizes)


2.6 This Promotion is not open for participation to Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs) and Persons of Indian Origin (PIOs)

2.7 All consumers who choose to enter the contest will hereafter be referred to collectively as “Participants” and individually as “Participant”

2.8 Participants must meet the aforementioned Eligibility Criteria in order to enter and participate in the Contest

2.9 Cadbury reserves the right to disqualify Participants and revoke the prize won by any Participant in the event a Participant is found to not meet, or has falsely represented, the aforementioned Eligibility Criteria


3. Acceptance to Terms & Conditions and Participation Process

3.1 By choosing to enter the Contest, the Participants fully and unequivocally accepts all the Terms & Conditions listed herein along with all decision of Cadbury, its Agency or the CA, which are final and binding in all respects of the Contest including, but not limited to, Prizes offered, Winner selection and declaration, Participation Period, Participation Timing, Eligibility Criteria etc.

3.2 Users must purchase the limited edition CDM Bars and give a missed call on the number (1800-108-1001) provided on the pack to participate from a valid Mobile number during the Participation Period and within the stipulated Participation Timing. Calls from landline numbers will not be eligible to participate

3.3 In order to qualify for a prize and be deemed as “Eligible Winners”, Participants must pick up the Automated Outbound Voice Call (“OBD”) sent back to them as response to their missed call, enter a valid Promo code provided at the back of the limited edition CDM Bars and correctly answer a Skill based question

3.4 In the event a Participant does not answer the OBD sent back in response to their Missed Call, Participant will have to give a Missed Call again in order to receive another OBD

3.5 In-case the Participant inputs a wrong Promo code; they will not qualify to be Eligible Winners. The participant may however participate again by giving a missed call.

3.6 Cadbury or any of its respective officers/employees/directors shall not be responsible for mutilated, corrupted or illegible Promo codes and advises Participants to check the same before purchasing the CDM Bars

3.7 In-case the Participant answers the skill based question incorrectly, they will not qualify to be Eligible Winners. The participant may however participate again by giving a missed call

3.8 Consumers can participate multiple times, but will be eligible to win limited prizes as per Prize Allocation logic and availability of prizes

3.9 Reasonable efforts will be made to ensure uptime of backend technology, however Cadbury and / or Agency will not be liable in any way for failure of any backend technology of SMS or IVRS applications and resultant inability of a participant to send in his/her entry

3.10 Participation via Toll Free Missed Call number is Free of Charge to the user, However the user may be required to pay for Data Charges in order to Redeem Prizes. Furthermore Participants may contact the call centre on 0120-6771939 between 9AM to 6PM on weekdays for any clarifications, however these calls will be chargeable as per the Participants Mobile Tariff plan


4. Prizes, Allocation, Redemption and Forfeiture:

- Eligible Winners will stand to win prizes from One (1) of Three (3) categories that are listed in sections 4.1, 4.2 and 4.3 subject to the respective Terms listed under these sections, in addition to all other Terms & Conditions

- All prizes will be allocated through a computerized random process, audited and certified by the appointed CA

- All Participants selected by the computerized random process will hereinafter be referred to as “Winners”. However in order to Redeem and receive prize under certain categories, including, but not limited to the Grand Prize category, Winners may be required to classify as “Confirmed Winners” by adhering to certain specified terms, furnishing additional documentation, and/or submit Proof of Purchase, failing which their Prize will be forfeited and Winner shall not be eligible to receive any prize or compensation in lieu of the Prize

- In order to win a prize, Participant must adhere to the conditions set forth in section 3 above

- Subject to the prize category, Eligible Winners may be required to produce additional documentation as Identification Proof or Proof of Residence and such documentation must be provided as and when required in order to Redeem the prize, failing which the prizes will be forfeited

- Prizes cannot be exchanged or replaced for cash or kind under any circumstances and are non-transferable in nature

- Cadbury reserves the right to change the Prizes being offered or their quantity at any time at its sole discretion, without assigning any reason whatsoever

- All prizes are provided on a best effort basis and may require certain pre-requisites in order for Redemption of the same. It is the responsibility of the Participant to meet all such pre-requisites

- Cadbury shall provide the prize on an “as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and Cadbury and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any product/service and/or the prize or for any kind of consequential damages/ loss, in any manner whatsoever. If any Participant has any grievance with respect to the prize, he/she may directly contact the supplier or manufacturer

- In the event of any winner choosing not to accept a prize(s) or forfeiture of a Prize(s), Cadbury shall deal with such prize(s) at its sole discretion, including cancellation of the prize

- Apart from the entitlement to the Prize, the winners or their legal heirs and representatives shall have no other rights or claims against Cadbury

4.1 Prize 1: Watch KBC show live at the studio “Grand Prize”

4.1.1 Total of 99 Eligible winners will be chosen through a computerized random process. A total of 3 winners will be selected every day for a period of 33 days from the Start Date of the Participation Period

4.1.2 One Participant can win the Grand Prize only once in the Participation Period

4.1.3 The winners under this category will be eligible for Entry Pass to watch the Kaun Banega Crorepati® 2013 show, flight tickets to and from Mumbai and accommodation in a 3-star hotel or equivalent for 1 Night & 2 Days

4.1.3.1 Winners from Mumbai & Thane Districts will only be eligible for hotel stay and Entry Pass to the KBC Show

4.1.3.3 To & Fro travel cost to airport of departure city is responsibility of the Winner and all costs incurred for the same are to be borne by the Winner

4.1.4 While Winners of Grand Prize will be intimated immediately via SMS that they have won, they must qualify as “Confirmed Winners” to redeem and avail their prizes by adhering to terms as listed in clauses 4.1.5, 4.1.6 and 4.1.7 failing which their prizes will be forfeited.

4.1.5 All Grand Prize winners will be called by Agency’s Call Centre to intimate about the Redemption terms including documents requirement and travel itinerary. In the event the Winner’s number is busy, unreachable, or he/she does not attend the call in the first attempt, two (2) more attempts will be made to reach the Winner on the same day. If the user does not respond to the calls on Day 1 an SMS intimating the users pending Prize will be sent with a number to call back on. If users still does not call back on Day 1, another Two (2) attempts will be made on next day i.e. Day 2. If even on the last attempt, the Eligible Winner does not attend the call, or is unreachable, or confirms that he/she is not interested in continuing in the Promotion, the Eligible Winner’s participation in the Promotion shall come to an end, his/her entry shall stand forfeited and he/she shall not be eligible to receive any prize or compensation in lieu of the Prize

4.1.6 Winners of Grand prize will be required to provide the following documents and proof of purchase for the purpose of taxation and legal validation within 3 days from date of intimation or first attempt by the Call Centre: (i) Self-attested photocopy of PAN card (ii) Self-attested photocopy of a valid, government approved address proof (Voter’s ID card, driving license, passport etc.) (iii) Self-attested photocopy of a valid, government approved photo identification proof (PAN CARD, voter’s ID card, driving license, passport etc.), (iv) Actual CDM pack with unique code clearly visible, failing which their prizes will be forfeited and their Prize will be offered to the next randomly chosen Eligible Winners. The documents provided by the participant will be considered final unless the participant intimates Cadbury and / or the Contest Organizers, prior to dispatch of the voucher / physical prize about change of address with valid proof of address.

4.1.7 Given the nature of the Grand Prize, Winners will be required to travel on short notice (within 10 days from Intimation by Call Centre) and on specified dates as per a specified itinerary, to which Winners must abide, failing which their prizes will be forfeited and their Prize will be offered to the next randomly chosen Eligible Winners

4.2 Prize 2: Gift Vouchers worth Rs.200 “Tier 2 Prizes”

4.2.1 A total of 10,800 eligible winners will be chosen through a computerized random process for prizes in this category. 120 winners will be selected every day during the Participation Period at a rate of Ten (10) winners every hour of the Participation Timing of Twelve (12) hours

4.2.2 One Participant can win the Tier 2 Prize only once in the Participation Period

4.2.3 Winners will win gift vouchers worth INR 200/- redeemable on partner sites or retail outlets, the following gift vouchers are available in this category:
4.2.3.1 BookMyShow.com voucher worth Rs.200, redeemable on www.bookmyshow.com – Voucher code for use will be sent via SMS

4.2.3.2 Café Coffee Day voucher worth Rs.200, redeemable at any Café Coffee Day outlet – Voucher code for use will be sent via SMS and is to be presented prior to billing

4.2.3.3 Voucher can be redeemed against Food, Beverage & Merchandise at the Café Coffee day outlet

4.2.4 Validity of the voucher will be till 31st January 2014 and hence must be used before this date as per above mentioned details

4.2.5 Cadbury or its Agency will not be liable in the event of the voucher being lost or misused

4.2.6 Redemption & Validity of the Tier 2 Prize (Vouchers) are governed by the General Terms & Conditions of partners –Bookmyshow, Café Coffee Day

4.3 Prize 3: Movies, Mobile Games, Ringtones as “Tier 3 Prize”

4.3.1 Eligible Winners who do not win either the Grand Prize or the Tier 2 Prize will be eligible for a Tier 3 Prize, during the Promotion Period

4.3.2 Tier 3 Prize will be sent via SMS with a WAP link and / or relevant codes to download or redeem the prize

4.3.3 Participants can win Movie vouchers “Movies” (Total of 200,000 in number) or Mobile Games playable on select Android & J2ME devices (Total 20,000 in number) or Ringtones

4.3.4 Winners of Movies will be given a voucher code which will be redeemable on www.hungama.com where the winner can watch ONE movie of his choice from the available movies on the site. Participants can win multiple Movie vouchers during the Participation Period

4.3.4.1 Redemption & Validity of the Movie Voucher from Hungama.com available in Tier 3 Prizes are governed by the General Terms & Conditions on Hungama.com

4.3.4.2 Cadbury or its Agency will not be liable in the event of the voucher being lost or misused

4.3.5 Winners under the Mobile Game category will be given a downloadable WAP link and a voucher code, with which the winner can download the game

4.3.5.1 Participant must have a compatible device with mobile internet connection in order to download the Mobile Game, in the event the Mobile Game is not compatible to users device, it is the Participant’s responsibility to ensure redemption via a compatible device

4.3.5.2 Two Mobile Games will be available under this category

4.3.5.3 One Participant can win each of the mobile games only once in the Participation Period

4.3.5.4 Winners under this category will be given 24 hours to retry download of the game successfully from the 1st attempt to download, failing which the prize will be forfeited.

4.3.6 Winners for Tier 3 who are not allocated either Movies or the Mobile Games will be allocated Ringtones and can select one from a choice of 20 ringtones

4.3.6.1 Winners under the Ringtone category will be given a downloadable WAP link through which the winner can download the ringtone on a compatible mobile device with mobile internet. User also has an option download the Ringtone via website, in case their device does not support the ringtone format

4.3.6.2 Ringtones will be available in mp3 format

4.3.6.3 Winners under this category will be given 2 attempts to download the ringtone successfully, for each Win, failing which the prize will be forfeited.

4.3.6.4 Participants can win multiple ringtones, but in the event that all 20 ringtones are already downloaded by the user the participant shall be awarded the same ringtones again

4.3.7. Winners may be charged by their Mobile Service Providers for data charges for browsing and/or downloading the Tier 3 Prize’s, as per their tariff plan

4.3.8 Cadbury and / or the Agency will not be responsible or liable in-case Tier 3 Prize of Mobile Game and Ringtones are not compatible with the user’s mobile device and it is the Participant’s responsibility to ensure redemption via a compatible device

4.3.9 Validity of the Tier 3 Prizes will be till 31st January 2014 and hence must be used before this date as per above mentioned details


5. Other Terms:

5.1 Each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/or entering into the Contest the Contestant warrants that all information provided by Contestant regarding Contestant’s name, age, state, city, address, phone number, etc., is true, correct, accurate and complete

5.2 In case of any dispute or difference in respect of or in connection with the Contest and/or the prizes herein, the decision of Cadbury, its Agency or CA shall be final and binding on all concerned

5.3 If a Contestant is dissatisfied with the Contest or the Contest terms and/or any content or any requirements of the Contest, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Contest

5.4 By participating in the Contest, Participants agree to receive details, information and or instructions regarding the Contest, on his/her mobile, through SMS or voice calls, during the tenure of the Promotion and subsequent two months. Participants, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”) agree not to make any claim or raise any complaint whatsoever against Cadbury and / or the Agency in this respect

5.5 Unless otherwise indicated, Cadbury shall deem any information voluntarily supplied during the course of the scheme and /or personal information provided by the participants as non-confidential, which hereby discharges all obligations of confidentiality. Cadbury shall be free to reproduce, use, disclose and distribute the information to Agency and/or CA without limitation

5.6 Cadbury and / or the Agency shall keep a record of the mobile numbers through which the Participants send their entries

5.7 Cadbury and/or its Agency shall not be liable for loss of Data due to tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, software failure, hardware failure or otherwise. Cadbury and or Agency shall not liable for any consequences resultant of such data loss

6. Indemnification & Limitation of Liability

6.1 Cadbury and / or the Contest Organizers shall not be liable for any loss or damage due to any reason beyond its control including Acts of God, Governmental actions and other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss

6.2 By entering the Contest the Participant hereby releases from and agrees to indemnify Cadbury, and/ or any of its respective officers/employees, against all liability, cost, loss or expense arising out of acceptance /usage of the prize or participation in the Contest 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

6.3 Failure by Cadbury and / or the Agency to enforce any of these Terms in any instance(s) shall not give rise to any claim by any person

6.4 In consideration of Cadbury allowing the Participant/s to take part in the Contest, 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 Cadbury, 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 Contest or related to the Contest or the prize of the Contest


7. Dispute Resolution

7.1 Any dispute arising out of or in relation to the Contest shall be subject to the exclusive jurisdiction of competent court/s at Mumbai

7.2 The contest shall be governed by and construed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the contest and, or, pertaining to the rules and regulations and, or, the Terms and Conditions shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed by Cadbury India. The venue of arbitration shall be Mumbai


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