BY PARTICIPATING IN THE Nutella 60 years of smiles Consumer Contest, THE PARTICPANT ACCEPTS THE TERMS AND CONDITIONS OF THE Nutella 60 years of smiles Consumer Contest AS MENTIONED BELOW
The Nutella 60 years of smiles Consumer Contest 2024
Nutella 60 Years of smiles Consumer Contest (“Offer” / “Promotion” / “Promo” / “Contest”) is sponsored and organized by Ferrero India Pvt. Ltd. (“Organizers” / “Company” / “Ferrero”). The Offer is available for participation on purchase of Nutella Promo Pack in India only during the Promo Period as defined hereinafter. Participation is voluntary.
Offer Period, Timing & Offer Packs
Offer will be open for participation during the “Contest period” / “Promo Period”/ “Offer Period” i.e. from 5th February 2024 00:01 hours to 30th April 2024 24:00 hours (both days included), till stocks last, only on purchase of Nutella Promo Packs as listed below (“Promo Pack(s)” / “Nutella Contest Pack(s)”/ “Offer Pack(s)”):
Nutella 350g and Nutella 750g, having MRP Rs. 399 and Rs. 799 respectively (Incl. of all taxes), Net Weight of 351g and 751g respectively and bearing the offer name “Nutella 60 Years of Smiles Celebrate Who Makes You Smile Scan and Win*” mentioned on the lid of the pack with characterized front labels of “The Rockstar, The Best Friend, The Superhero, The Boss, The Pet Lover, The N.1 Fan, The Captain, The Fashion Icon, The Photo Maker, The Chef, The Explorer”
The Offer is applicable only on Promo Packs as stated above and not on any other pack. The Promo Packs are limited in quantity and the Offer will be open only till stocks of Promo Packs last or end of the Offer Period, whichever is earlier. The Company does not provide any guarantee or warranty about the availability of Promo Packs in all the territories or during the entire Promo Period.
The Company reserves the right to change the Offer Period or Timing, in case of any contingency, at its sole and absolute discretion, without any consent, connivance, notice or intimation to anyone.
Eligibility Criteria
Individual consumers residing in India and purchasing the Promo Pack(s) in India, during the Promo Period, other than for trade / business purpose, are eligible to participate in this Offer (Eligible Participants).
Eligible Participants below age of 18 years may participate in the Promo only with the consent of and under the supervision of and through their parent / legal guardian.
Customers purchasing the Promo Pack(s) for further sale, distribution, marketing or for Trade or Business purpose (collectively “Trade / Business Purpose” shall not be eligible for participation in the Offer).
Companies, Partnership Firms, Proprietary Concerns, HUFs, Association of Persons, Trusts and other entities or organizations are not eligible for participating in the Offer and the Offer is open for individual human beings only.
The employees of Ferrero, its associate / group companies and their children and other family members, the employees of the agencies associated with Ferrero for the organization of the Offer and their children and other family members are not eligible to participate in the Offer.
The consumer(s) participating in the Offer is / are referred to as Participant(s).
How to participate
The consumers are required to purchase Offer pack - “Nutella 60 Years of Smiles Celebrate Who Makes You Smile Scan and Win*” offer mentioned on the lid of the pack with characterized labels of “The Rockstar, The Best Friend, The Superhero, The Boss, The Pet Lover, The N.1 Fan, The Captain, The Fashion Icon, The Photo Maker, The Chef, The Explorer” during the Promo period, in India only.
Find the Batch Code (Please check the lid of Nutella pack for batch code)
EXAMPLE
Keep your Promo Pack ready for participation.
Scan the QR code on pack or visit the promotional microsite www.nutella60yearsofsmile.com/ and follow the steps as mentioned on the promotional microsite.
Scan the QR code/Visit the promotional microsite www.nutella60yearsofsmile.com during the promo period and click on “Enter the scan and win promo” on the website.
Accept the T&C on the website and enter you Name, Mobile number and receive the OTP on the registered mobile number. Submit the OTP on the website.
Enter the batch code of the purchased offer pack.
Choose your preferred persona and answer why did you choose the persona in a few words.
If the participant is a winner, they will be contacted via SMS/Call to claim the reward.
To participate in the contest, you will be required to scan the QR code on the pack/visit the promotional microsite and mention the valid batch code and follow the steps as mentioned on the microsite.
The Company is not obliged to verify or correlate the identity of the participant or winner with the identity of the purchaser and the Company shall not entertain any claims or disputes in this regard.
The participants are required to keep their Promo packs secret and not to share the same with anyone else.
Visit Nutella.com or contact Ferrero Consumer Executive for the Nutella 60 years of smiles Contest terms and conditions. Read and understand Nutella 60 years of smiles Contest terms and conditions and proceed to participate only if, Nutella 60 years of smiles Contest terms and conditions are fully acceptable.
Voluntary and Free Participation
Promo is a voluntary initiative.
No fees, charges, costs, etc. required to be paid for participating in the Promo apart from purchase of Nutella Promo Pack.
It is not mandatory to participate in the Promo.
Nutella Packs are available at same price irrespective of the availability of or participation in the Promo.
Prizes
Top 200 winners will get Nutella jumper & another 1800 winners will receive gift vouchers.
The winner(s), the number of winners, the quantity, size, type, value and category of the prizes shall be determined by the Company and the Company reserves the right to vary the same to resolve the practical difficulties, if any.
Prizes are non-transferable and will not be substituted by cash or any other benefit. Unclaimed / un-availed prizes will be forfeited.
The winner(s) shall bear and pay all applicable, taxes (such as Gift Tax or any other applicable state or central taxes), duties, etc. on or with respect to the prizes.
The winner(s) are required to provide the empty Promo Pack containing the winning Batch Code, valid address and identity proofs and such other documents as may be required by the Organizer.
The Organizer shall provide the prize on an “as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and the Organizer 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, for any damage or loss in transit 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 respective manufacturer / service provider.
The image of the prize depicted on the Promo Packs, advertisements, promotional material, etc. are for illustrative purposes only and the actual prize / look of the prize may vary from the depiction made.
Publicity
The Participant/s, winners, family member(s) of the winner undertake and irrevocably and unconditionally permit the Organizer and / or its execution agency to use the personal details of the participants for covering the Promo through various media including newspapers, radio television news channels, internet, point of sale materials, etc. The Participants shall not raise any objection, protest or demur to such coverage or content in this regard.
The Participant/s, winners, family member(s) of the winner shall, at the request of the Organizers and / its execution agency, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to using their name, image, video, etc. in promotional material.
Intellectual Property
All right, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all responses received shall vest solely and exclusively with Organizer at all times. The Organizer or any person or entity permitted by Organizer 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 Promo (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 Organizer upon submission and become the property of Organizer exclusively. Organizer may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Organizer.
Data Privacy
Release
The participant (includes the parent / guardian of participating child) hereby grant permission to Ferrero India Pvt. Ltd., its officers, employees, agents, independent contractors, licensees, successors, assigns and any third party it may authorize (hereby collectively referred to as “Company”) to record his / her name, address, contact details, comment, likeness, message, image, voice, interview and performance on film, tape, or otherwise (hereinafter referred to as the “materials”) in the following context:
EVENT : Nutella 60 years of smiles Consumer Contest
PERIOD : 5th February 2024 :01 hours to 30th April 2024 23:59:59 hours
The Participant further grant to the Company the full right to use, in any form and modality of exploitation, reproduce, alter by digital means, edit, create derivative works of, display, publish, make available to the public in streaming and/or downloading, broadcast, distribute, sell, license, lend, rent and give away the originals, reproductions, editions, adaptations, alterations and derivations of the materials in any media now known or later developed, including but not limited to websites (including but not limited to publicly accessible websites, intranet sites and third party content hosted sites), social media and social networks, blogs, electronic publications, webcasts, multimedia links, app for tablet and/or smart-phone and/or similar devices, anywhere in the world, and in perpetuity, in connection with promoting, publicizing or explaining the Company’s products and/or activities.
The Participant understand and agree that the materials can be used without mentioning his / her name and by modifying and / or altering his / her image and / or voice, with no right to inspect or approve the use of the materials or of any reproduction, alteration, or derivation of the materials in any medium. The Participant further waive all moral rights and all claims to royalties or other compensation arising from or related to the making or use of the materials or reproductions, alterations or derivations of the materials.
The Participant hereby forever release and discharge the Company from any claims, actions, damages, liabilities or demands that may arise regarding the use of the materials to promote, publicize or explain the Company’s products and/or activities, including any claims of defamation and invasion of privacy as well as of infringement of moral rights, rights of publicity or copyright or neighbouring rights.
The Participant understand and agree that all the materials, their adaptations, alterations and derivations, are the sole property of the Company, which owns all rights, title and interest, including the copyright, in and to the same, to be used and disposed of, without limitation, as the Company shall in the Company’s sole discretion determine. The Participant agree that there shall be no obligation to utilize the permission granted by them hereby. The terms of this permission shall commence on the date hereof and be without limitation. The Participant acknowledge that no further agreement between the Participant and the Company regulates the subject matter hereof. The Participant irrevocably agree that the Participant has no future claim for any indemnity or money.
The Participant confirm that the Participant is either 18 years of age or older and that the Participant is competent to contract in its own name or minor Participant is participating with the consent and under the supervision of his / her parent / guardian. The Participant has read this release and fully understand its contents, meaning and impact. The Participant agree that this release, including all its contents, are binding on him / her, my heirs, executors, administrators and assigns.
Privacy Notice
The participant (including the parent / guardian of participating child) hereby agrees to Company's use of his / her / participating child’s personal data, including, by way of illustration, the name, images and voices, or any personal data which the participant may submit voluntarily as part of the materials in the manner and for the purposes set out herein. The personal data may be used by the Company (by authorized personnel) for the purposes set out under the release herein above and may be visible and publicly available to anyone anywhere in the world on any means as described above. The Company may share the personal data with selected service providers that process the personal data under the instructions given by the Company and with any other third party it deems appropriate for the purposes described herein.
The participant acknowledge that he / she can exercise the rights granted under the applicable data protection legislation, including by way of illustration, the right to access, to have personal data rectified, blocked, completed or, under certain circumstances, deleted and to object to the processing of such data.
The participant also acknowledges that to exercise these rights and for any questions with respect to this privacy statement or how the Company handles personal data as data controller, the Participant can direct it to Privacy Officer, Ferrero India Pvt. Ltd., World Trade Center, Tower 3, Floor 8, Kharadi, Pune 411014 and at privacy.india@ferrero.com.
The personal data collected shall be retained for a minimum 6 months after the Contest Expiry Date and shall be processed as per applicable laws and regulations.
Other terms and conditions
The Organizer shall not entertain any grievances or queries regarding the Promotion on or after 20th May. Complaints and queries by Winners who have not received their prize shall not be entertained more than 30 days after they receive an SMS or call from the organizer or their appointed agency.
The participant shall not use the Promo to post any defamatory, obscene, offensive response or response which may hurt the personal, religious, social, political or other sentiments or feelings of anyone in any manner whatsoever. The participant shall be solely responsible and liable for such response. The Company shall have the right to exclude such responses from the Promo.
The participant shall not use the Promo to harm the reputation of the Company or its associate companies or any of its products including Nutella.
The Promo is available for participation on first come basis and will be open for such participation by such no. of participants as the Organizers may select at its sole and absolute discretion.
All decisions of the Organizers in any matter relating to the Promo shall be final and binding on the participants.
Organizers reserve the sole right to change / edit Promo details at any time at its discretion and /or alter these terms and conditions without any consent, connivance, notice or intimation to anyone to resolve the difficulties, if any, during implementation of the Promo.
Organizers do not guarantee continuous or uninterrupted conduct of Promo and is not liable in case of any interruption or discontinuation of the Promo or the non-availability of the stock of Promo Packs.
The Participants agree to have their name, personal details including photo published or uploaded on social or other media, to be used by the Organizers without any consideration, compensation and limitation.
The Participants agree that the Organizers may store and use the personal information of the Participant shared for the purposes of or in connection with the Promo for the purpose of conducting the Promo as well promoting and marketing its products.
Organizers reserve the right to modify or pull out the Promo without prior consent, connivance, intimation or notification.
Organizers reserve the right to disqualify the participant for infringement of these terms and conditions, before or after participation / gratification.
Promotion is in no way sponsored, endorsed or administered, by Facebook or any other social media.
By participating in the Offer, 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 Promo 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.
By participating you hereby release and hold harmless Organizers and its employees and directors from any and all liability associated with the participation.
Notwithstanding anything contained herein or in any other document or correspondence the responsibility and liability of the Organizer shall be limited to payment for the prize(s) as aforesaid.
The Organizer reserves the right to exclude any person from the Promo on the ground of misconduct / criminal record / infringement of these terms and conditions.
The Organizer reserves the right to terminate, modify or extend the Promo if circumstances so require.
The Organizer and or its execution agencies shall not be liable for any loss or damage due to Act of God, government / statutory action and other force majeure circumstances and shall not be liable to pay any compensation whatsoever for such losses.
The Organizer and the execution agency appointed by it shall not be responsible or liable for any technical or other problems caused by any reason(s) beyond their control or due to force majeure events like strike, lock out, natural calamities, terrorist activities, etc.
The Participants irrevocably agree that Organizer and / or the execution agency appointed by it are authorized to contact the Participant(s) in connection with the Offer even if the Participant(s) is / are registered under National Do Not Call (NDNC) or DND (Do Not Disturb) or any other facility.
The Promo is subject to all applicable central, state and local laws, rules and regulations. These Terms and Conditions and the participation in the Promo shall be governed by Indian law and the court at Pune, India shall have exclusive jurisdiction in any matter in this regard.
