Terms and Conditions for KitKat® - Google Pay Cashback Promo
1. Program Details, Concept and Participation:
- These terms and conditions apply to KitKat® Google Pay Cashback Promo Consumer Benefit Program (hereinafter referred to as "Program") for voluntary participation of consumers, sponsored and launched by Nestlé India Limited (Nestlé India), having its registered office at 100 / 101, World Trade Centre, Barakhamba Lane, New Delhi – 110 001 and conducted by Google, 5th floor, DLF Centre, Block 124, Narindra Place, Sansad Marg, New Delhi - 110001 (hereinafter referred to as “Agency”).
- The Program is valid only in India from 01/01/2024 to 30/06/2024 (both dates inclusive) (herein after referred as "Program Period"). Products available without this offer also. Any entry for the Program after June 30th 2024 shall not be entertained and will summarily be rejected. Participation is voluntary.
- The Program is applicable on specific pack of KitKat® 2F mini- 11.9g.
- Any entry after 30th June 2024 shall not be considered a valid entry.
- The Program is subject to all applicable central, state, and local laws and regulations.
- Consumers participating or seeking to participate in the Program shall individually be referred to as "Participant" and collectively as "Participants".
- Regular call and message rates will apply as per the consumer telecom operator in their respective circle.
- Nestlé India / its Agency reserves right to cancel / amend / extend the Program Period without giving any notice/intimation. No claims/questions shall be entertained in this regard.
- The Employees, agents, associates, and promoters of Nestlé India and of its affiliates, subsidiaries, and advertisement agencies (including their immediate family members) and all others directly associated with organizing the Program(s) are not eligible to participate.
- Nestlé India / its Agency shall not be held liable for technical issues including but not limited to Participant’s Wallet KYC being incomplete, account not being active, login issues, account being blocked etc. relating to the redemption of the Pack Code.
2. Agreement to Terms and Conditions:
- By participating in this Program, Participants fully and unconditionally agree to and accept these Terms and Conditions available on Google Pay (“Program Website") as well as the decisions of Nestlé 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.
- Nestlé India reserves the right to exclude any person from the Program on grounds of misconduct or criminal record.
- Nestlé India 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 India in respect of the Program and the prizes 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 Nestlé India and/or its Agency, including but not limited to technical difficulties, unauthorized intervention or fraud, Nestlé India / 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 Nestlé India or the Agency, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, Nestlé India 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, in particular those relating to the collection, retention, use and sharing of personal data; and
- Nestlé India encourages participants to read the privacy notice of any such company before sharing personal data. If the Participant does not want his / her personal data to be collected by or shared with a company other than Nestlé India the Participant can always choose not to participate in such activity. If the Participant do opt-in to communications from such a company, remember that the Participant always have the right to opt-out and the Participant would need to contact that company directly to do so.
- If Participants have any questions or comments regarding this Privacy Notice or Nestlé India’s personal data collection practices, please contact through an email Generic.INDataPrivacy01@IN.Nestlé.com
- Nestlé India 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
- If the participant has shared an invalid ID and address where the grand prize can’t be delivered
- Other conditions beyond its reasonable control
- For any queries, call 18001031947 from Monday to Friday between 10:00 AM to 6:30 PM (Lines closed Weekends and on public & bank holidays) or write an email id to email@example.com.
- This Program will be open to all the residents of India including Tamil Nadu excluding the employees, their immediate family members, agents, distributors, retailers and any other channel partner of Nestlé India and the Agency.
- The Participant shall be above age of 18 years.
- Nestlé India 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), Nestlé India or the Agency will have all the authority to call such shortlisted winners by virtue of them having voluntarily participated in the Program.
- Rest of India- Participant stand a chance to get cashback upto Rs. 10 when they make any transaction on Google Pay within 7 days. Participant should note that this is the maximum amount of cashback, and the actual cashback received may be less than the maximum amount. The value of any given cashback scratch card reward may vary from: ₹5 to ₹10 cashback offer. In each case, cashback given will be determined in real-time by an algorithm that may dynamically take into account a number of factors such as amount / type of cashback that have already been distributed across all users; date / time the cashback is earned; or other aggregated, cross-campaign metrics
- State of Tamil Nadu- Participant get flat Rs. 5 cashback when they make any transaction on Google Pay within 7 days.
5. How to Participate:
- Participant sees the offer on the pack and Scan the QR code on the KitKat® pack.
- Open the pack to find the unique 9-digit code (“Code”) printed inside the pack.
- Enter the Code on the offer landing page on Google Pay (“Offer Page”) and claim your cashback offer in the form of a digital scratch card.
- Redeem your digital scratch card to receive cashback (“Reward”) when you make any transaction on Google Pay within 7 days.
- Offer is valid from Jan 1, 2024 till Jun 30, 2024 (both dates inclusive) or till stocks last or product expiry whichever is earlier (“Offer Period”). Collect 3 Codes during the Offer Period and earn up to 3 digital scratch cards for cashback offers.
- Make sure you have the latest version of the Google Pay app to see all features.
6. Google Pay T&C's:
- A Code is for one-time usage only.
- Codes can only be found in KitKat® packs with the Google Pay logo.
- Scratch cards with your final cashback amount will expire after 45 days if not scratched. Your scratch card will expire after 45 days if you do not have an account linked, or if issues with your linked account prevent cashback from being credited.
- Any cashback that you earn will be added to your rewards channel and to your UPI-enabled bank account linked to Google Pay.
- You can earn up to a total of ₹9,000 per financial year (1 April to 31 March), across all Google Pay offers.
- Paying insurance premiums do not count as valid payments in this campaign.
- The total number of qualifying transactions you can make as well as their amount is subject to applicable law, banking/payment system rules, merchant terms, and/or Google Pay terms.
- You can only use one set of Google Pay credentials to qualify for the offer. Any of these unique Google Pay credentials must not have been used to register another Google Pay account.
- Each participant (identified by your Google Pay credentials i.e unique mobile no. or UPI ID) can receive the Code a maximum of 3 times only, during the Offer Period. You will be deemed to be the participant for all purposes of this offer.
- You are solely responsible for deciding if the product or service purchased is suitable for you, based on your individual circumstances and personal judgement. This offer does not constitute Google’s endorsement/ recommendation of a merchant’s goods or services.
- You understand and agree that Google Pay is not responsible for any merchant services or products referenced in this offer or the scratch card reward, or that you purchase or receive from a merchant or other third party. Any complaints/queries relating to the merchant’s product shall be directly taken up with the merchant as per the details on the product pack.
- This offer is exclusive to you and cannot be returned, reproduced, transferred, negotiated, or used by anyone else including your nominee or legal heirs. This offer cannot be clubbed with any other ongoing offer during the Offer Period.
- Employees, interns, contractors, and office-holders of Google LLC or Nestlé, their immediate families, Google’s or Nestlé’s affiliates and subsidiaries, and any representatives or agencies of Google or Nestlé or other persons professionally connected with the offer, are not eligible to participate.
- Offer subject to these terms, [url=https://support.google.com/pay/india/answer/7580493?p=offers_rewards&vi…] General Google Pay Offers Terms[/url], and [url=https://support.google.com/tez/?p=terms_of_service] Google Pay Terms of Service[/url]. In addition, this offer is also subject to the Google Pay Terms of Service. Google reserves the right to discontinue or change these terms at any time.
- You agree that your participation in the offer constitutes your understanding of and agreement to these offer terms and conditions. You shall bear all applicable charges, taxes and expenses for participation such as purchase of product, internet charges for participation etc.
- Any correspondence with regard to the Code/Reward/redemption process and/or Google Pay app shall be done directly with Google at the “Get Help” section of the Google Pay app.
- Google or Nestlé together with any of their associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained in connection with this offer or arising out of your participation in this offer or in any way related to errors or omission in administering this offer or accepting or using the pack/a Reward(s), or any changes to the offer terms or unavailability of packs/Rewards due to reason beyond Google’s or Nestlé’s control including Force majeure event, except for any liability which cannot be excluded by law.
- If your KitKat® pack with the Google Pay logo does not carry a Code or if the Code is incomplete, illegible or inactive, you may reach out via the “Get help” section of the Google Pay app. Google or Nestle’s liability is limited only to provide you with a fresh Code to enable you to participate in the offer, but proof (including but not limited to the pack purchased by you) may be required to process your request. No monetary or other compensation will be extended to you in this event.
- Subject to any applicable law, all warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by Google and Nestlé. Google/Nestlé do not make any commitment, express or implied to respond to any of your feedback, suggestions and/or queries.
- At the end of the Offer Period, all obligations of Google and Nestlé (as applicable) in regard to the offer will terminate.
- In no event shall the aggregate liability of Google and Nestlé towards you for all claims arising out of or relating to this offer exceed the amount of maximum Reward value paid to you under this offer.
- i) The Participant/s undertake and irrevocably and unconditionally permit Nestlé India 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.
- (ii) The winners must, at the request of Nestlé India participate in all Program activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to Nestlé India using their name and image in Program material.
8. Intellectual Property:
- (i) 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 always vest solely and exclusively with Nestlé India. Nestlé India or any person or entity permitted by Nestlé India 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.
- (ii) 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 India upon submission and become the property of Nestlé India exclusively. Nestlé India 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 India.
9. 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 Nestlé India or its Agency, as regards the selection of winners and distribution of the prizes shall be final, subject only to Nestlé India's approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
- N reserves the right, at its sole discretion, to verify eligibility and disqualify users, and Rewards awarded may be withdrawn for those who do not meet the offer requirements or in case of reasons including but not limited to any misuse of the offer or fraud, or suspicious transactions/activities. Google reserves the right to request for details reasonably necessary for this purpose.
- No queries, claims, dispute, complaints or grievances shall be entertained by Nestlé India and its Agency after 30 days from the date of the closure of the Program.
- The prize cannot be exchanged and is not transferable.
- Nestlé India 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 Nestlé India 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 Nestlé India to conduct further Programs.
- The decision of Nestlé India 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 Nestlé India and the Participant shall not have the authority to bind Nestlé India in any manner whatsoever.
- Nestlé India or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents etc.
- Nestlé India 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 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 India or its 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 Nestlé India or its Agency.
- Nestlé India 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. Nestlé India 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 operational part of the Program shall be managed by Agency.
- 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.
- 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.
- For any queries/complaints, consumers can call 18001031947 from Monday to Friday between 10:00 AM to 6:30 PM (Lines closed Weekends and on public & bank holidays) or write an email id to firstname.lastname@example.org.
- 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 Nestlé India responsible for the same.
10. Release and Limitations of Liability:
- Nestlé India 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 Nestlé India 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 India 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 Nestlé India 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 Nestlé India or its Agency on account of such act on the part of the Participant.
- In consideration of Nestlé India 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 Nestlé India 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 DELHI shall have exclusive jurisdiction to determine all disputes arising out of, or in connection with, the Program. Participation in the Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including (without limitation) this clause.
- 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 Nestlé India and/or its Agency of this Program, shall be governed and construed in accordance with the laws of the Republic of India.
Contact us: Call 18001031947 from Monday to Friday between 10:00 AM to 6:30 PM (Lines closed Weekends and on public & bank holidays) or write an email id to email@example.com.