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TERMS & CONDITIONS FOR REST OF INDIA (EXCEPT TAMIL NADU)                View T&C for Tamil Nadu

PROGRAM DETAILS, CONCEPT AND PARTICIPATION:
(i) These terms and conditions apply to the “KITKAT Contest” (hereinafter referred to as "Program") sponsored by Nestle India Limited (hereinafter referred to as "Nestle") wherein consumers can participate, voluntarily, by their own free choice by buying any KITKAT promotional pack (includes KITKAT 2F, 4F and DARK) and thereafter by sending the code appearing inside the purchased pack via an SMS to 0 98802 98802. These terms and conditions are specific to Rest of India excluding Tamil Nadu (hereinafter referred to as “ROI”).
(ii) The Program is subject to all applicable central and state laws and regulations.
(iii) There will be 1000 Nexus 7 Tablets (Tablet) to be won.
(iv) Program Duration: 27th September, 2013 to 22nd November, 2013 till 7:00 pm

AGREEMENT TO TERMS AND CONDITIONS:
(i) By participating in this program through SMS participation, the Participants fully and unconditionally agree to accept and abide by these Terms and Conditions available and given on http://www.android.com/kitkat("Program Website") as well as the decisions of Nestle, 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.
(ii) Nestle reserves the right to exclude any person from the program at any time on the grounds of him being the subject of criminal investigation or due to misconduct or criminal record or conviction of any crime.
(iii) Nestle reserves the right to terminate, modify or extend the Program, at any time at its absolute discretion, without assigning any reason whatsoever. All decisions of Nestle in respect of the Program and the prizes therein shall be final and binding.

ELIGIBILITY:
(i) This program will be open to all the citizens of India with the exception of Nestle and Google employees and their families, Nestle agents, distributors, retailers, other channel partners and the employees and their families of the partner agency Maxus India Private Limited (hereinafter referred to as "Agency/ Partner Agency”), which is executing the program on behalf of Nestle.
(ii) Participation by people below 18 years of age shall be allowed subject to their parents’ or guardians’ consent and subject to the parents’ or guardians’ providing the necessary documentation on behalf of the minor. In such a case, the parent(s) or legal guardian of the minor may redeem the prize at their own cost by submitting/ executing the documents as required.
(iii) In order to be eligible for the prize, the participant must have a valid photo ID Proof and the wrapper of the original KITKAT pack that was used to take part in the program with the Code Number clearly visible.
(v) Nestle or its partner agency for the program, will not be responsible for any NDNC (National Do Not Call) Registry regulation that comes into play. All participants who participate hereby agree and give express assent to Nestle or its partner agency for the program that even if they are registered under NDNC, DND (Do Not Disturb), Nestle or its partner agency for the program, will have the valid authority to call such shortlisted participants, by virtue of them having voluntarily participated in the program.
(vi) People participating or seeking to participate in the Program shall individually be referred to as "Participant" and collectively as "Participants".

PROGRAM PERIOD AND PROGRAM TIMINGS:
(i) The program will commence on 27th September, 2013 i.e. the selection of winners will start from 27th September, 2013 and end on 22nd November, 2013 till 7:00 pm (“Program Period”). The Program Timings will be from 10 am in the morning till 7 pm in the evening (“Program Timing”) during which 2 (two) winners will be selected every hour. However codes on packs purchased before the Program Period and entered by the Participants will also be considered for selection of winners on the first day of the Program Period i.e. 27th September, 2013.
(ii) This program shall run across all the following KITKAT packs (promotional packs):

  • KITKAT 2F (18g)
  • KITKAT 4F (37.3g)
  • KITKAT DARK (27.5g)

(iii) The Participants can make an entry at any time before and during the Program Period i.e. choose the day when he/she wishes to participate, irrespective of the date of purchase of pack.
(iv) Entries are deemed to be submitted at the time of receipt of the SMS in the Agency’s database, and not at the time of transmission by the Participants.
(iv) The manner of selecting the winning entry is described under the Clause of "Winner Selection".

HOW TO PARTICIPATE:
To participate in the Program, consumers must purchase any KITKAT promotional pack with the program promo flash on it and look for the unique code printed inside the wrapper. Next, they need to follow the following route to participate in the Program:

SMS Route:
(i) As a first step, Participants are required to SMS the unique code printed inside of the KITKAT wrapper to 0 98802 98802 from any mobile phone before or during the Program Period.
(ii) If the consumer does not send the SMS as per the format prescribed or as per the instructions on the KITKAT pack, he/she will receive a SMS response stating the reasons for invalidity of the entry.
(iii) If an SMS is received after completion of the Program Period, the Participant will receive a message explaining to him that the Program Period is over and therefore no entries can be entertained. This will apply only for 15 days after the last date of the Program Period after which even if a Participant sends the SMS entry as per the instructions on the pack, the Participant shall not receive any response.
(iv) If the Participant sends a valid SMS within the Program Period, he/she will receive a valid response via SMS and such entries will be considered for winner selection. Details on how this will happen are described under "Winner Selection".
(v) The Participant shall have to pay charges as per their respective SMS plan as per their telecom service providers for sending the SMS to 0 98802 98802.
(vi) Each unique code as printed on the back of the wrapper of the promotional packs of KITKAT can only be used for a single entry.
Nestle and the Partner 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 reasons;
  • in case the revert SMS sent to the Participant does not reach or gets delivered/delayed due to any technical reasons;
  • 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; and
  • other conditions beyond its reasonable control

WINNER SELECTION:
(i) A draw through a random, scientific basis will be conducted each hour from amongst all valid entries received via SMS between 7pm of the previous day till 10 am of the next day during the Program Period to select the hourly winners. This will happen on a daily basis, during the Program Period. Each day, during the Program Period, 20 lucky winners will win 1 Tablet.
(ii) For entries received before 27th September, 2013 the following process will take place:
(a) All the entries received will be collated and be eligible for winner selection for the whole Program Timing of 27th September, 2013 i.e. these entries + entries made during that date will be considered 10 times during that particular date.
(iii) For all entries received during the Program Period excepting the first day of the Program Period i.e. 27th September, 2013 the following process will take place:
(a) All the entries received post 7 pm of the previous day till 10 am of the next day will be collated and be eligible for winner selection only at 10 am on the next day.
E.g. If a Participant enters the unique code on 8pm on 27th September, 2013 his entry will be considered for winner selection only at 10 am on 28th September, 2013. If that Participant’s entry is not selected as a winner during that draw, his entry expires. In this example 27th September, 2013 is considered as the “previous day” and 28th September, 2013 is considered as the “next day”.
(b) All the entries received post 10 am of the next day will be collated and be eligible for winner selection on an hourly basis (i.e. all entries made during 10:01 am and 10:59 am will only be considered for winner selection during the draw made at 11 am. If that Participant’s entry is not selected as a winner during that draw, his entry expires) and on each day (during the Program Timing) during the Program Period.
(iv) Prizes will be given subject to the winner satisfying the verification process of Nestle.
(v) Prizes cannot be transferred, exchanged or redeemed for cash. In the event that the winner does not take the prize in the time and manner stipulated, then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize. Prizes must be taken as offered and cannot be varied. Any unused prize is not-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken as cash.
(vi) The Pictures of the prizes depicted on the press ads/posters/TVC’c/pack shots etc. are only representative and the actual prize may vary from the depiction.
(vii) Nestle or its Agencies shall not be liable for any loss or damage due to Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever for such losses.
(viii) All taxes, levies and charges on the prize will be borne by Nestle.

CONTACTING WINNERS:
(i) Once the Participants are shortlisted, the Agency appointed by Nestle shall call each on the number from which the SMS entry has been made.
(ii) In the event the shortlisted Participant's number is busy, unreachable, or he/she does not attend the call, 2 (two) more attempts will be made to reach the Participant during a 24 (twenty four) hour period commencing from the time the first call was made. If even on the third attempt, the Participant does not attend the call or is unreachable, the Participant's participation in the Program comes to an end and the Participant's entry stands canceled hence becomes ineligible to receive any prize.
(iii) In the event the shortlisted Participant attends the call on either the second or third attempt, the procedure outlined in step (v) shall apply.
(iv) If any shortlisted Participant remains unreachable on the third attempt, his/her entry will stand cancelled.
(v) In case the shortlisted Participant is contacted, he/she will be required to send the following documents and collaterals to be eligible for the prize:

  • The KITKAT promo pack wrapper with the Code Number that was entered by the Participant in the entry.
  • Self-attested copy of Photo Identity proof (e.g. Driver's license, Voter ID card, Passport, Aadhar card, PAN card, Ration card or any other document issued by the Government of India).

This will be referred to as the Participation Package for the Winners.
(vi) The completed Participation Package needs to be sent by registered post with Acknowledgement Due or through courier to the address mentioned below so as to reach within 7 (seven) days of the call made by Agency:
Ms. Subarna Nandy
GroupM Media India Private Limited
1st Floor, Building No. 9A
DLF Cyber City, Phase – III
Gurgaon – 122 002
Haryana

(vii) If the shortlisted Participant is unable to send the completed Participation Package within the stipulated time, his/her selection shall stand forfeited.
(viii) The cost and expenses of postage for the completed Participation Package shall be borne by the Participant. Nestle or the Agency shall not be responsible for any accident or mishap or loss of the Participation Package of the Participant in transit. The responsibility of ensuring that the Participation Package reaches the address as mentioned above or as prescribed/specified by the Agency lies solely with the Participants.
(ix) No justification/explanation for non-receipt of the Participation Package or any missing documents shall be accepted.
(x) Upon receipt of the Participation Package, the Agency shall scrutinize all contents through an independent auditor appointed by the Nestle for this Program. If all the contents and the documents submitted are in order and valid and the Code number entered by the Participant whilst participating matches with that on the KITKAT pack submitted, the Participant will then be treated as a Confirmed Winner.
(xi) In case the contents of the Participation Package is deemed to be not in accordance with the Participation Package specified, the Agency shall call the Participant and specify the deviation and again request the Participant to provide the completed Participation Package with 7 (seven) days of the call. This is a one-time process and shall be undertaken by the Agency only for the benefit of the Participant. This process shall not be repeated on similar failure on the part of the selected Participant to provide the completed Participation Package even after the second call is made by the Agency.
(xii) The prize will be dispatched to the Confirmed Winners after all the above formalities are successfully completed.
(xiii) No prize will be awarded if the information given by the Participant at the time of providing the completed Participation Package is deemed as not “factually correct” by the independent auditor basis the information earlier shared by the Participant at the time of first contact.
(xiv) The prizes to shortlisted Winner shall be sent through courier once the completed Participation Package is received and authenticated by the independent auditor appointed by Nestle for this Program.
(xiv) In the event of death of the Confirmed Winner, no claim from the nominee or his/her legal heirs of the Confirmed Winner shall be entertained for receiving the prize.
(xv) In case a Participant is not contacted, it shall automatically mean that the person’s name has not come through the selection process and he/she is not a winner for that particular hour during the Program Period for which he/she submitted his/her entry.

COURIER REQUIREMENTS:
Stipulations of the courier service
(i) Prizes will be dispatched to Confirmed Winners through courier.
(ii) The courier, whilst carrying the prize for the Winner, will carry a No-Claims letter for the Confirmed Winner and an acknowledgement receipt (POD).
(iii) The courier shall ask the Confirmed Winner to sign the No Claims Letter and the acknowledgement receipt (POD) and present an original and valid Photo ID proof issued by the Government of India showing his/her photograph and name. In case any of the above is not provided to the courier, the prize will not be handed over to the Confirmed Winner.
(iv) The Confirmed Winner himself/herself has to be present at the address and in case of his/her unavailability the prize will not be handed over to any family member or any other person than the winner
(v) If the Confirmed Winner is not available at the given address, the courier person shall make 2 (two) more attempts to deliver the prize within the next 7 (seven) days of the first visit made. If still unsuccessful, the courier person shall make no further attempts to deliver the prize. In such case the prize of the Confirmed Winner shall stand forfeited.
(vi) The courier person shall collect the signed No Claims Letter and the signed POD from the Confirmed Winner.

PUBLICITY:
(i) By accepting the prize, the Confirmed Winner undertake and irrevocably and unconditionally permit Nestle 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 Confirmed Winner hereby grant to Nestle, the right to use their photograph, sound-bites, write-ups, audio/video shoots in any media found suitable by Nestle i.e. Radio, Print, Digital, Electronic or Point-of-Sale media.

INTELLECTUAL PROPERTY:
(i) 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 Nestle at all times.
(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 Nestle upon submission and become the property of Nestle exclusively. Nestle may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Nestle.
(iii) All KITKAT packs and other documents submitted by the shortlisted participants will become the property of Nestle and will not be returned.
(iv) Android and Nexus are trademarks of Google Inc.

 

DISPUTE RESOLUTION:
The rights and obligations of the Participants and/or Nestle and/or Partners of this Program, shall be governed and construed in accordance with the laws of India and the Courts of competent jurisdiction at New Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Program.

WARRANTIES/PRODUCT RELATED QUERIES:
(i) The prizes will be governed by the normal terms of warranties and guarantees of the manufacturer of the Tablet and Nestle or its Agency shall not be liable or responsible for the same.
(ii) Any queries/ doubts/information related to the functioning of the prize (Tablets) shall be directed to ASUS (contact details mentioned below) who will be solely liable and responsible for the functioning of the tablet and any/all queries related to it.
ASUS Hotline Number: 1800-2090365
Website: www.asus.com/in

MISCELLANEOUS:
(i) Packs of KITKAT without this offer may be simultaneously available in the market.
(ii) Mere Participation in this Program does not entitle a Participant to a Prize unless all other terms and conditions are fully complied with. Any fraudulent conduct on the part of the Participant shall disentitle the Participant to receive the prize under this Program.
(iii) Nestle 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.

(iv) The decision of Nestle 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 and the Participant shall not have the authority to bind Nestle in any manner whatsoever
(v) Nestle or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents and / or photocopies or incomplete or mutilated KITKAT packs, etc.
(vi) Nestle 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 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. Nestle shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.
(vii) 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 Nestle or its Agency.
(viii) If a Participant is dissatisfied with the Program and/or the terms and conditions of the Program, his/her sole and exclusive remedy is to not to participate in the Program.

 

TERMS & CONDITIONS FOR TAMIL NADU CIRCLE                View T&C for Rest of India(Except Tamil Nadu)

PROGRAM DETAILS, CONCEPT AND PARTICIPATION:
(i) These terms and conditions apply to the “KITKAT Contest” (hereinafter referred to as "Program") sponsored by Nestle India Limited (hereinafter referred to as "Nestle") wherein consumers can participate, voluntarily, by their own free choice by buying any KITKAT promotional pack (includes KITKAT 2F, 4F and DARK) and thereafter by sending the code appearing inside the purchased pack via an SMS to 0 98802 98802. These terms and conditions are specific to Tamil Nadu (hereinafter referred to as “TN”).
(ii) The Program is subject to all applicable central and state laws and regulations.
(iii) There will be 1000 Nexus 7 Tablets (Tablet) to be won.
(iv) Program Duration: 27th September, 2013 to 22nd November, 2013 till 7:00 pm.

AGREEMENT TO TERMS AND CONDITIONS:
(i) By participating in this program through SMS participation, the Participants fully and unconditionally agree to accept and abide by these Terms and Conditions available and given on http://www.android.com/kitkat("Program Website") as well as the decisions of Nestle, 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.
(ii) Nestle reserves the right to exclude any person from the program at any time on the grounds of him being the subject of criminal investigation or due to misconduct or criminal record or conviction of any crime.
(iii) Nestle reserves the right to terminate, modify or extend the Program, at any time at its absolute discretion, without assigning any reason whatsoever. All decisions of Nestle in respect of the Program and the prizes therein shall be final and binding.

ELIGIBILITY:
(i) This program will be open to all the citizens of India with the exception of Nestle and Google employees and their families, Nestle agents, distributors, retailers, other channel partners and the employees and their families of the partner agency Maxus India Private Limited (hereinafter referred to as "Agency/ Partner Agency”), which is executing the program on behalf of Nestle.
(ii) Participation by people below 18 years of age shall be allowed subject to their parents’ or guardians’ consent and subject to the parents’ or guardians’ providing the necessary documentation on behalf of the minor. In such a case, the parent(s) or legal guardian of the minor may redeem the prize at their own cost by submitting/ executing the documents as required.
(iii) In order to be eligible for the prize, the participant must have a valid photo ID Proof and the wrapper of the original KITKAT pack that was used to take part in the program with the Code Number clearly visible.
(v) Nestle or its partner agency for the program, will not be responsible for any NDNC (National Do Not Call) Registry regulation that comes into play. All participants who participate hereby agree and give express assent to Nestle or its partner agency for the program that even if they are registered under NDNC, DND (Do Not Disturb), Nestle or its partner agency for the program, will have the valid authority to call such shortlisted participants, by virtue of them having voluntarily participated in the program.
(vi) People participating or seeking to participate in the Program shall individually be referred to as "Participant" and collectively as "Participants".

PROGRAM PERIOD AND PROGRAM TIMINGS:
(i) The program will commence on 27th September, 2013 i.e. the selection of winners will start from 27th September, 2013 and end on 22nd November, 2013 till 7:00 pm (“Program Period”). The Program Timings will be from 10 am in the morning till 7 pm in the evening (“Program Timing”) during which 2 (two) winners will be selected every hour. However codes on packs purchased before the Program Period and entered by the Participants will also be considered for selection of winners on the first day of the Program Period i.e. 27th September, 2013.
(ii) This program shall run across all the following KITKAT packs (promotional packs):

  • KITKAT 2F (18g)
  • KITKAT 4F (37.3g)
  • KITKAT DARK (27.5g)

(iii) The Participants can make an entry at any time before and during the Program Period i.e. choose the day when he/she wishes to participate, irrespective of the date of purchase of pack.
(iv) Entries are deemed to be submitted at the time of receipt of the SMS in the Agency’s database, and not at the time of transmission by the Participants.
(iv) The manner of selecting the winning entry is described under the Clause of "Winner Selection".

HOW TO PARTICIPATE:
To participate in the Program, consumers must purchase any KITKAT promotional pack with the program promo flash on it and look for the unique code printed inside the wrapper. Next, they need to follow the following route to participate in the Program:

SMS Route:
(i) As a first step, Participants are required to SMS the unique code printed inside of the KITKAT wrapper to 0 98802 98802 from any mobile phone before or during the Program Period. After such SMS is sent the following shall apply:
(a) The Participant shall receive a question through a SMS which shall be sent by the Agency to the Participant’s mobile number.
(b) If the Participant answers the question correctly, his/her entry shall be eligible to be considered for winner selection. Details on how this will happen are described under "Winner Selection".
(c) However if the Participant answers the question incorrectly, his/her entry shall be disqualified and shall not be considered for winner selection.
(ii) If the consumer does not send the SMS as per the format prescribed or as per the instructions on the KITKAT pack, he/she will receive a SMS response stating the reasons for invalidity of the entry.
(iii) If an SMS is received after completion of the Program Period, the Participant will receive a message explaining to him that the Program Period is over and therefore no entries can be entertained. This will apply only for 15 days after the last date of the Program Period after which even if a Participant sends the SMS entry as per the instructions on the pack, the Participant shall not receive any response.
(iv) The Participant shall have to pay charges as per their respective SMS plan as per their telecom service providers for sending the SMS to 0 98802 98802.
(v) Each unique code as printed on the back of the wrapper of the promotional packs of KITKAT can only be used for a single entry.
Nestle and the Partner 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 reasons;
  • in case the revert SMS sent to the Participant does not reach or gets delivered/delayed due to any technical reasons;
  • 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; and
  • other conditions beyond its reasonable control

WINNER SELECTION:
(i) A draw through a random, scientific basis will be conducted each hour from amongst all valid entries received via SMS between 7pm of the previous day till 10 am of the next day during the Program Period to select the hourly winners. This will happen on a daily basis, during the Program Period. Each day, during the Program Period, 20 lucky winners will win 1 Tablet.
(ii) For entries received before 27th September, 2013 the following process will take place:
(a) All the entries received will be collated and be eligible for winner selection for the whole Program Timing of 27th September, 2013 i.e. these entries + entries made during that date will be considered 10 times during that particular date.
(iii) For all entries received during the Program Period excepting the first day of the Program Period i.e. 27th September, 2013 the following process will take place:
(a) All the entries received post 7 pm of the previous day till 10 am of the next day will be collated and be eligible for winner selection only at 10 am on the next day.
E.g. If a Participant enters the unique code on 8pm on 27th September, 2013 his entry will be considered for winner selection only at 10 am on 28th September, 2013. If that Participant’s entry is not selected as a winner during that draw, his entry expires. In this example 27th September, 2013 is considered as the “previous day” and 28th September, 2013 is considered as the “next day”.
(b) All the entries received post 10 am of the next day will be collated and be eligible for winner selection on an hourly basis (i.e. all entries made during 10:01 am and 10:59 am will only be considered for winner selection during the draw made at 11 am. If that Participant’s entry is not selected as a winner during that draw, his entry expires) and on each day (during the Program Timing) during the Program Period.
(iv) Prizes will be given subject to the winner satisfying the verification process of Nestle.
(v) Prizes cannot be transferred, exchanged or redeemed for cash. In the event that the winner does not take the prize in the time and manner stipulated, then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize. Prizes must be taken as offered and cannot be varied. Any unused prize is not-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken as cash.
(vi) The Pictures of the prizes depicted on the press ads/posters/TVC’c/pack shots etc. are only representative and the actual prize may vary from the depiction.
(vii) Nestle or its Agencies shall not be liable for any loss or damage due to Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever for such losses.
(viii) All taxes, levies and charges on the prize will be borne by Nestle.

CONTACTING WINNERS:
(i) Once the Participants are shortlisted, the Agency appointed by Nestle shall call each on the number from which the SMS entry has been made.
(ii) In the event the shortlisted Participant's number is busy, unreachable, or he/she does not attend the call, 2 (two) more attempts will be made to reach the Participant during a 24 (twenty four) hour period commencing from the time the first call was made. If even on the third attempt, the Participant does not attend the call or is unreachable, the Participant's participation in the Program comes to an end and the Participant's entry stands canceled hence becomes ineligible to receive any prize.
(iii) In the event the shortlisted Participant attends the call on either the second or third attempt, the procedure outlined in step (v) shall apply.
(iv) If any shortlisted Participant remains unreachable on the third attempt, his/her entry will stand cancelled.
(v) In case the shortlisted Participant is contacted, he/she will be required to send the following documents and collaterals to be eligible for the prize:

  • The KITKAT promo pack wrapper with the Code Number that was entered by the Participant in the entry.
  • Self-attested copy of Photo Identity proof (e.g. Driver's license, Voter ID card, Passport, Aadhar card, PAN card, Ration card or any other document issued by the Government of India).

This will be referred to as the Participation Package for the Winners.
(vi) The completed Participation Package needs to be sent by registered post with Acknowledgement Due or through courier to the address mentioned below so as to reach within 07 (seven) days of the call made by Agency:
Ms. Subarna Nandy
GroupM Media India Private Limited
1st Floor, Building No. 9A
DLF Cyber City, Phase – III
Gurgaon – 122 002
Haryana

(vii) If the shortlisted Participant is unable to send the completed Participation Package within the stipulated time, his/her selection shall stand forfeited.
(viii) The cost and expenses of postage for the completed Participation Package shall be borne by the Participant. Nestle or the Agency shall not be responsible for any accident or mishap or loss of the Participation Package of the Participant in transit. The responsibility of ensuring that the Participation Package reaches the address as mentioned above or as prescribed/specified by the Agency lies solely with the Participants.
(ix) No justification/explanation for non-receipt of the Participation Package or any missing documents shall be accepted.
(x) Upon receipt of the Participation Package, the Agency shall scrutinize all contents through an independent auditor appointed by the Nestle for this Program. If all the contents and the documents submitted are in order and valid and the Code number entered by the Participant whilst participating matches with that on the KITKAT pack submitted, the Participant will then be treated as a Confirmed Winner.
(xi) In case the contents of the Participation Package is deemed to be not in accordance with the Participation Package specified, the Agency shall call the Participant and specify the deviation and again request the Participant to provide the completed Participation Package with 7 (seven) days of the call. This is a one-time process and shall be undertaken by the Agency only for the benefit of the Participant. This process shall not be repeated on similar failure on the part of the selected Participant to provide the completed Participation Package even after the second call is made by the Agency.
(xii) The prize will be dispatched to the Confirmed Winners after all the above formalities are successfully completed.
(xiii) No prize will be awarded if the information given by the Participant at the time of providing the completed Participation Package is deemed as not “factually correct” by the independent auditor basis the information earlier shared by the Participant at the time of first contact.
(xiv) The prizes to shortlisted Winner shall be sent through courier once the completed Participation Package is received and authenticated by the independent auditor appointed by Nestle for this Program.
(xiv) In the event of death of the Confirmed Winner, no claim from the nominee or his/her legal heirs of the Confirmed Winner shall be entertained for receiving the prize.
(xv) In case a Participant is not contacted, it shall automatically mean that the person’s name has not come through the selection process and he/she is not a winner for that particular hour during the Program Period for which he/she submitted his/her entry.

COURIER REQUIREMENTS:
Stipulations of the courier service
(i) Prizes will be dispatched to Confirmed Winners through courier.
(ii) The courier, whilst carrying the prize for the Winner, will carry a No-Claims letter for the Confirmed Winner and an acknowledgement receipt (POD).
(iii) The courier shall ask the Confirmed Winner to sign the No Claims Letter and the acknowledgement receipt (POD) and present an original and valid Photo ID proof issued by the Government of India showing his/her photograph and name. In case any of the above is not provided to the courier, the prize will not be handed over to the Confirmed Winner.
(iv) The Confirmed Winner himself/herself has to be present at the address and in case of his/her unavailability the prize will not be handed over to any family member or any other person than the winner
(v) If the Confirmed Winner is not available at the given address, the courier person shall make 2 (two) more attempts to deliver the prize within the next 7 (seven) days of the first visit made. If still unsuccessful, the courier person shall make no further attempts to deliver the prize. In such case the prize of the Confirmed Winner shall stand forfeited.
(vi) The courier person shall collect the signed No Claims Letter and the signed POD from the Confirmed Winner.

PUBLICITY:
(i) By accepting the prize, the Confirmed Winner undertake and irrevocably and unconditionally permit Nestle 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 Confirmed Winner hereby grant to Nestle, the right to use their photograph, sound-bites, write-ups, audio/video shoots in any media found suitable by Nestle i.e. Radio, Print, Digital, Electronic or Point-of-Sale media.

INTELLECTUAL PROPERTY:
(i) 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 Nestle at all times.
(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 Nestle upon submission and become the property of Nestle exclusively. Nestle may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Nestle.
(iii) All KITKAT packs and other documents submitted by the shortlisted participants will become the property of Nestle and will not be returned.
(iv) Android and Nexus are trademarks of Google Inc.

DISPUTE RESOLUTION:
The rights and obligations of the Participants and/or Nestle and/or Partners of this Program, shall be governed and construed in accordance with the laws of India and the Courts of competent jurisdiction at New Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Program.

WARRANTIES/PRODUCT RELATED QUERIES:
(i) The prizes will be governed by the normal terms of warranties and guarantees of the manufacturer of the Tablet and Nestle or its Agency shall not be liable or responsible for the same.
(ii) Any queries/ doubts/information related to the functioning of the prize (Tablets) shall be directed to ASUS (contact details mentioned below) who will be solely liable and responsible for the functioning of the tablet and any/all queries related to it.
ASUS Hotline Number: 1800-2090365
Website: www.asus.com/in

MISCELLANEOUS:
(i) Packs of KITKAT without this offer may be simultaneously available in the market.
(ii) Mere Participation in this Program does not entitle a Participant to a Prize unless all other terms and conditions are fully complied with. Any fraudulent conduct on the part of the Participant shall disentitle the Participant to receive the prize under this Program.
(iii) Nestle 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.

(iv) The decision of Nestle 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 and the Participant shall not have the authority to bind Nestle in any manner whatsoever
(v) Nestle or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents and / or photocopies or incomplete or mutilated KITKAT packs, etc.
(vi) Nestle 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 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. Nestle shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.
(vii) 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 Nestle or its Agency.
(viii) If a Participant is dissatisfied with the Program and/or the terms and conditions of the Program, his/her sole and exclusive remedy is to not to participate in the Program.