These terms and conditions apply to the MILKMAID Madhura Malsaram for consumers (hereinafter referred to as "Program") sponsored by Nestlé India Ltd (hereinafter referred to as "Nestlé").
The Program is valid in the state of Kerala and as such these terms and conditions are specific to and applicable for the said state of Kerala. The Program will commence on 2nd September, 2017 and end on 30th October 2017, both dates included (“Program Period”)
This Program shall be conducted by Nestlé’s media and activation partner, M/s Malayala Manorama Co. Ltd. (hereinafter referred to as “Manorama”) wherein interested participants can register by completing a 3 step procedure:
Telecaller will check if the team has certificate proof to establish parent child relationship, address proof and certificate showing age. These document proofs will have to be produced in case the team is shortlisted to contest at appropriate time/s if and when requested by Manorama..
Nestlé shall not be storing, using, maintaining the database of such interested participants and nor shall it be responsible for storing, using, maintaining or deleting of such data and related documents. Manorama shall be responsible for dealing with such data and that they shall treat such data as confidential data and shall treat it as per Data Privacy laws and precedents prevailing and applied for in India.
Nestlé shall obtain specific consent from winning entries and or from participants shortlisted at the Grand Finale for usage of any picture, image, video, selfies, personal data and or any other intellectual property generated during the Program Period for explicit purposes (Such consent shall include consent provided by Parents/ Guardians on behalf of the Children in the Team)
A team's registration will be successfully completed only if the above 3 steps are completed in a proper manner within 3 days from when the team received a call from the telecaller
In the event the interested participant's number is busy, unreachable, or he/she does not attend the call, two (2) more attempts will be made to reach the interested participant on that day and/or the next day. If even on the third attempt, the interested participant does not attend the call, or is unreachable, the interested participant's ‘request to participate’ through missed call shall stand canceled. Such interested participants however can call back on the telecaller’s number during the campaign period and complete the registration process.
In a situation where the team is busy during the first call attempt and has requested to call another time, the telecaller will call again at the prescribed time and that call will be considered as the 2nd call attempt
In an event where multiple recipes and selfies are sent from one team, the first one received will be considered for evaluation. Participant/s or Team/s shall voluntarily waive any rights attached for any such surplus information or data, which is discarded by Manorama for sake of this Program.
A database will be created with Team details. Selfie/photo and Recipe for each registered team shall be stored and maintained on confidential basis and shall only be given to be treated by selection panel of Manorama for specified Program purpose.
Recipes received from all successful registrations will be shared with a Jury team appointed by Manorama who will evaluate all entries and short list 28 teams to the next round where these teams have to prepare their favourite dessert using milkmaid (Recipe given at the time of registration) and share a photo of the team with the dessert. This photo has to be sent to Manorama’s email id- email@example.com with the team’s names and registered mobile number
These 28 entries will be shared with the jury panel to select 14 teams across Kerala for the grand finale of the program.
These team will be informed to submit document proof as mentioned above to the nearest Manorama office
If any shortlisted Participant is not interested in continuing with the Program formalities or is otherwise ineligible to participate, Manorama shall conduct one more selections, on a random/ scientific basis, to shortlist another participant and the same process will apply. The selection process shall be duly audited by an authorized process to ensure equitable and justifiable approach.
The shortlisted 14 teams for participating in Grand finale will undergo a single challenge at Radisson Blu, Kochi on 30th September, 2017
All travel, boarding lodging expenses of the 14 shortlisted Teams for Grand Finale shall be solely borne by the shortlisted participants.
All Teams to be appropriately dressed for all events and they have to be agreeable in wearing any branded clothing provided at the venue
Kitchen utensils provided during the contest has to be handled with care
AProgram is subject to all applicable central, state and local laws and regulations
A panel of judges (celebrity chefs) will select the top 3 winners during the event on 30th September, 2017
The top 3 Teams will win Rs. 1 Lakh, Rs. 50,000 and Rs. 25000 for the 1st, 2nd and 3rd positions respectively. Other 11 Teams will win Rs. 2000 each as consolation prizes. All 14 Teams will also get a gift hamper from Nestle along with the above prizes
These prizes will be handed over to the winners at the Grand finale event on September 30th, 2017 through Cheque / DD in favour of the Parent of the concerned Team.
The jury’s verdict will be the final verdict which will be based on the internal criteria as set by Manorma & Nestle.
By registering in this Program through a missed call, Teams fully and unconditionally agree to and accept these Terms and Conditions as well as the decisions of Manorama Selection Panel, which are final and binding in all matters related to the Program. Successfully entering the Program and winning a prize is subject to all requirements set forth herein.
Nestlé / Manorama reserves the right to exclude any person from the Program on grounds of him being the subject of criminal investigation or due to misconduct or criminal record or conviction of any crime.
Nestlé / Manorama reserves the right to terminate, modify or extend the Program, at any time at its absolute discretion, without assigning any reason. All decisions of Nestlé in respect of the Program and the prizes therein will be final and binding. The Prize is non-transferable and cannot be redeemed / exchanged for cash.
This Program will be open to people in Kerala with the exception of employees of Nestlé / Manorama for hosting this program, their immediate families, agents, distributors, retailers any other channel partner of Nestlé and the partner agency of Nestlé deployed to execute the Program.
Teams have to be formed between a parent (Mother/Father) and child (Son/daughter) where the child has to be minimum 7 years old and less than 18 years old
In order to be eligible to participate in the grand finale teams to produce document proof :
In order to be eligible for the top 3 prizes, one of the Team members must have a valid photo ID Proof, and PAN Card and must pay the applicable gift tax (30% of the value of the prize) .
Demand, collection, storage, processing or deletion of any such documents to establish relationship between participants, identity proof and ownership of title as per above clause, shall be only through Manorama. Manorama herewith confirms compliance to local laws, legislations and precedents for ensuring data and information protection.
Manorama and or Nestlé , will not be responsible for any NDNC (National Do Not Call/ DND) Registry regulation that comes into play. All participants who participate hereby agree and give express assent to Manorama for the Program, that even if they are registered under NDNC, DND (Do Not Disturb), Nestlé or Manorama will have all the valid authority to call such shortlisted participants, by virtue of them having voluntarily participated in the Program.
By being shortlisted as the top 14 teams in Kerala, the Team(s) undertake and irrevocably and unconditionally permit Nestlé/ Manorama 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 .
All such shortlisted teams shall undertake that the content submitted by them for the Program shall not violate or infringe the Intellectual Property Rights of any third party. The participant shall be solely liable for the violation of the same.
By being shortlisted as the top 14 teams in Kerala, they shall waive all rights and grant to Nestlé a royalty-free, non-exclusive, perpetual worldwide license to copy, modify and otherwise use and distribute their winning entry and/or any element of the submission including but not limited to photographs, videos, snippets etc. captured at the event, in any and all media and in any publication whether online, offline or on the Internet. Nestlé shall also be free to use any ideas, concepts, photos, know-how or techniques contained in such submissions or materials for any purpose; as also approved by way of ‘Release forms’ by the shortlisted Participants at the Finale.
The Confirmed Winners must, at the request of Nestlé/ Manorama, participate in all promotional activity (such as publicity and photography) relating to the winning of the prize.
All right, title and interest, including but not limited to the recipes created, photographs, images, snippets or videos generated during the Program shall vest solely and exclusively with Nestlé at all times. Nestlé or any person or entity permitted by Nestlé in this regard shall be entitled to use the same in connection with the entry in any media for future promotional, marketing, publicity, archiving or analytics purpose, without any permission and or payment to the Participant in future.
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 Nestlé upon submission and become the property of Nestlé exclusively. Nestlé may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Nestlé.
Each Participant represents and warrants by taking part and/or entering into the Program all information provided by Participant including his/her name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
In order to participate, each Participant is required to provide full and accurate details of his/her name, permanent address, , phone number, age and such other details to qualify the requirements of the Program participants as may be prescribed by Manorama
Nestlé reserves the right to change, defer, alter or cancel this Program in part or full, or change any or all of 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 in this regard and in general with respect to this Program and the terms and conditions thereto shall be final, binding.
The decision of Nestlé 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 agency between any Participant and Nestle or its Agency
The Program is unable to do so as a result of circumstances beyond its/their control in the nature of 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. Nestlé 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 Nestlé or Manorama.
Nestlé 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, as a result of the Program.
By entering the Program and thereby accepting the Terms and Conditions as mentioned herein, the Participant hereby releases Nestlé/ Manorama 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.
Nestlé / Manorama accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, Agency or any third parties in relation to the Program.
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 Nestlé and/or Manorama 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 Nestlé or Manorama on account of such act on the part of the Participant.
In consideration of Nestlé 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, 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.
The courts of competent jurisdiction at New Delhi shall have sole and exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Program.
Further all issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or the rights and obligations of the Participants and/or Nestle and/or Manorama or any of the Partners of this Program, shall be governed and construed in accordance with the laws of India.