1. Program Details, Concept and Participation:
(i) These terms and conditions apply to MAGGI HOT & SWEET Zomato 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 PREMIER SALES PROMOTIONS PVT LTD , having its office at 4th Floor, Mitra Towers, 10/4 Kasturba Road, Bangalore 560001 (hereinafter referred to as “Agency”) wherein consumers can participate by sending an SMS of the 7 digit alphanumeric unique code (herein referred to as the “Code”) printed under the crown of MAGGI HOT & SWEET 1 kg bottle(hereinafter referred to as the “Promo Pack”).
(ii) The Program is valid only in India from 1st August 2021 to 31st October 2021 (1/8/2021 to 31/10/2021) (herein after referred as "Program Period") (both dates inclusive). The Program is valid throughout India. The Program is open to Citizens of India only.
(iii) This Program entitles the Participant a Zomato Voucher of Rs. 250 or Rs. 100 or Rs. 50. Assured voucher of Rs. 50 off on the Food Partner App (Zomato) in India only. The value of the voucher will be mentioned on the “participation confirmation” SMS received post successful registration of participation. This program is available on MAGGI Hot & Sweet Sauce 1kg pack. This Program is only for online payment option. Program is not available on Cash On Delivery on Zomato. The discount is valid only on the Food Value Amount i.e. sub total amount, which excludes delivery (+packaging), restaurant charges and GST charges. Coupon will be valid irrespective of total Food Value Amount. Program valid for all days of the week during Program Period. 1 code can be redeemed/used only once. Maximum 1 redemption for a single mobile number. The balance cost (after discount) of the order will be charged to the end user. This Program is only for Home Delivery. Any Order that Participant places on the App is subject to product availability, Delivery capacity and acceptance by Zomato and participating restaurant. This Program is subject to promotional availability. In no event shall the maximum liability exceed the value of the voucher as the case may be.
(iv) The Program period starts from 1st August 2021 and shall be valid till 31st October 2021. If the Participant has bought a pack before 1st August 2021, then Participant will not be eligible for participation in the Program until the start of Program Period (1st August 2021). All participation prior to the Program Period and after the end date of the Program Period will be considered as ineligible. All participation after the program period will be summarily rejected.
(v) The Program is subject to all applicable central, state and local laws and regulations.
(vi) Consumers participating or seeking to participate in the Program shall individually be referred to as "Participant" and collectively as "Participants".
(vii) Regular call and message rates will apply as per the consumer telecom operator in their respective circle.
(viii) Participants will have to log in to their Zomato account/create a new account in order to be able to claim the Zomato voucher. For Application of the Voucher on Zomato orders, please refer to T&C of Zomato on the application/official website
(ix) 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.
2. Agreement to Terms and Conditions:
(i) By participating in this Program, Participants fully and unconditionally agree to and accept these Terms and Conditions available on www.maggihns.bigcityexperience.com (“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 fulfillment of all terms and conditions mentioned herein.
(ii) Nestlé India reserves the right to exclude any person from the Program on grounds of misconduct or criminal record.
(iii) 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.
(iv) 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.
(v) 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.
(vi) Rights to use data - By participating in this Program:
a. 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;
b. The participant agrees to be bound by the terms, in particular those relating to the collection, retention, use and sharing of personal data; and
d. The Participant’s personal data as collected by Nestlé India’s associates/partners or affiliates shall be passed to Nestlé India The personal data shall be administered and treated under Nestlé India’s privacy and data collection guidelines. Such data collected and retained may be used by Nestlé India and or its related associates/partners/ affiliates for marketing, internal study, and data analysis purposes.
e. 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.
f. 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
g. 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 - Other conditions beyond its reasonable control
(vii) To avail the Program Winners will be subject to the T&Cs of Zomato.
(i) This Program will be open to all the residents of India. This Program is not available to employees, Agents, Dealers, or Distributors of Nestle India and PREMIER SALES PROMOTIONS PVT LTD, its clients or agencies, and their immediate families.
(ii) 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 participants by virtue of them having voluntarily participated in the Program.
4. Program Timings:
(i) The Participants who send the valid and correct SMS during the Program Period are eligible to participate in the Program.
(ii) Entries coming outside the Program Period will not be considered.
(iii) The Program is applicable on specific pack of MAGGI HOT & SWEET Tomato Chili Sauce 1 kg bottle only (Promo Pack)
5. Prize: This Program entitles the end user Rs. 50 or Rs. 100 or Rs. 250 off on the Food Partner App (Zomato) in India only. The value of the voucher will be mentioned on the “participation confirmation” SMS received post successful registration of participation.
6. How to Participate: To participate in the Program, Participants are required to send an SMS:
(i) As a first step, Participants are required to send an SMS with 7-digit valid unique Code printed on the crown of the Promo Pack from any GSM or CDMA mobile phone. e.g. MAGGIUnique Code to 9902391200
(ii) After sending the SMS, Participant will receive their ZOMATO Code within 1 working day on your registered mobile number
(iii) 1 Code can be redeemed only once. Maximum of 1 redemption for a single mobile number and Zomato Account. A Code shall only be valid for one time participation.
(iv) To redeem: Login to Zomato App > Add items to Cart > On the Cart page, click on view offers> enter code under Apply Promo Code. The discount will be applied to your order. Zomato reward code is valid for 30 days.
(v) Nestlé India Ltd. and Partner Agency shall have a right to ask for the original packs in case of any query raised by the Participants during the Program Period, non – submission of which shall render the Participant as not eligible to participate in the Program.
8. Contacting Winners:
(i) Once the consumer participates, the Partner Agency appointed by Nestlé India shall send the Zomato voucher to the registered mobile number within 24 working hours excluding public holidays and Saturday & Sundays.
(ii) Nestlé India at its discretion may ask the participants to furnish the any or all of the following documents:
a. Aadhar, Election ID Card, Passport, Driving License or similar government ID
b. Participants will be required to retain and furnish on demand the crown of the pack with the winning code.
c. Participants will be required to furnish a proof of ownership of participating mobile number ( Mobile bill or a letter from their Network service provider clearly stating the mobile number, their name, address etc. )
d. Identification details (Name) on the identification document furnished should match the same on Mobile Bill / Letter furnished by network service provider
e. In case the winner is less than 18 years of age, the Zomato voucher will be disbursed to legal guardian / Parent. An undertaking, as well as valid proof for establishing Parent / Legal Guardian Status will then be needed. Parent / Legal guardian will also be required to submit a valid PAN Card.
f. In case any one of the above documents are not available for any reason, the Nestlé India / Agency reserves the right to take a decision basis the availability of other documents. This decision will be final and binding.
(i) The Participant/s undertake and irrevocably and unconditionally permits 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 Particpant/s must, at the request of Nestlé India participate in all Program activity (such as publicity and photography) surrounding the winning of the Zomato voucher, free of charge, and they consent to Nestlé India using their name and image in Program material.
10. Intellectual Property:
(i) All right, title and interest, including but not limited to the Intellectual Property Rights, in the Program material(s) and in any and all responses received shall vest solely and exclusively with Nestlé India at all times. 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
11. General Conditions
(i) 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 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.
(ii) 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.
(iii) 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.
(iv) The prize cannot be exchanged, and is not transferable and cannot be converted into cash.
(v) Nestlé India 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 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.
(vi) Nothing contained herein amounts to a commitment or representation by Nestlé India to conduct further Programs.
(vii) 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
(viii) Nestlé India or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents etc.
(ix) 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 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.
(x) Nestlé India or it’s Agency shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.
(xi) 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.
(xii) 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.
(xiii) 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.
(xiv) 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.
(xv) The operational part of the Program like sending Zomato vouchers shall be managed by Agency
(xvi) The participation in the Program is purely voluntary and the same shall be construed as an acceptance of the terms and conditions stipulated herein.
(xvii) To participate in this Program Regular call and message rates apply
(xviii) To participate in this Program, Standard fair usage policy and usage norms set by the respective telecom operator apply
(xix) 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.
(xx) For any queries on the Program, participants shall call on 080-40554819 from Monday to Friday between 10:30 AM to 5:30 PM (Lines closed on public & bank holidays) or e-mail at firstname.lastname@example.org. For detailed terms & conditions, visit www.maggihns.bigcityexperience.com.
(xxi) The Agency is not responsible for Non-Delivery or receipt of an SMS by their servers or on the end users 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.
(xxii) If you are registered with Do Not Disturb (DND) service, you will not receive an SMS confirmation from us. Please mail us at email@example.com for any queries. If Premier Sales Promotions Pvt. Ltd has already emailed or sent by SMS, Premier Sales Promotions Pvt. Ltd will not re-send the voucher code to any new or corrected email address or phone number nominated by the entrant.
(xxiii) Any costs associated with entering the promotion, including accessing the promotional website, are the responsibility of each entrant. Also, regular call and message rates will apply as per the consumer telecom operator in their respective circles.
(xxiv) Nestle India or Premier Sales Promotions Pvt. Ltd. is not responsible in case the Voucher codes have expired for any reason whatsoever.
(xxv) Nestle India or Premier Sales Promotions Pvt. Ltd are not responsible for any loss or theft of the Vouchers. No duplicate Voucher shall be issued to the customers.
(xxvi) Premier Sales Promotions Pvt Ltd or Nestle India is not responsible for any delay, cancellation or changes in the voucher usage policy from the Program partner (Zomato) end. Premier Sales Promotions Pvt Ltd or Nestle India cannot be held responsible for changes in voucher usage policies by the Program partner (Zomato). In the event that a particular Program has been discontinued by the Program provider, Premier Sales Promotions reserves the right to Program the customer an alternative reward of equal value i.e. Rs. 50 or Rs. 100 or Rs. 250 as the case may be. This would complete our promotional obligations to you.
(xxvii) Caution: Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms or any other legal obligation by an entrant, the entrant agrees to indemnify the Promoter for those losses, damages, and costs.
(xxviii) Nestle India Or Premier Sales Promotions Pvt. Ltd. accepts no responsibility, financial or otherwise for the misuse of Premier Sales Promotions Pvt. Ltd. Vouchers and are not liable for any personal loss or injury and cannot be held responsible for any disagreement concerning the quality/ availability of featured Programs. Premier Sales Promotions Pvt. Ltd., its clients, agents, and distributors cannot replace any lost, stolen or damaged Vouchers and reserve the right to withdraw or amend any details and/or prices without notice.
(xxix) Premier Sales Promotions Pvt. Ltd. is acting as an executing agency for this promotional Program and holds no legal and financial liability on unclaimed Programs, incentives, Vouchers, etc beyond the applicable period of the promotional Program.
(xxx) Nestle India does not endorse the quality of any of the products or services being Programed as Vouchers under the Program. Any complaints or queries pertaining to the same would have to be taken up directly with the Premier Sales Promotions Pvt Ltd. of such a product or service.
(xxxi) All Programs are supplied by Premier Sales Promotions Pvt. Ltd. 4th Floor, Mitra Towers, 10/4 Kasturba Road, Bangalore 560001, India. E-mail: firstname.lastname@example.org. All queries should be sent to this address.
12. Release and Limitations of Liability:
(i) 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, as a result of acceptance of any prize.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
(vi) The Offer is being conducted under the supervision of independent auditors.
(vii) Nestle India Limited and/or Organizers shall not be responsible for any loss, injury or any other liability arising out of the Program or due to participation by any person in the Offer.
(viii) Nestle India Limited and/or Organizers shall not be responsible for downtime on the services, caused due to technicalities (like failure of hardware equipment, configuration issue, network congestion), or due to decisions/changes in regulations that are carried out by TRAI, RBI, DoT or any other regulatory body.
(ix) Participant agrees that use of this Offer is at his/her sole risk. Nestle India Limited and/or the Organizer, their affiliates, and their officers, directors, employees, and agents disclaim all warranties, express or implied, including without limitation any warranty of merchantability, availability, and fitness for a particular purpose or non-infringement.
(x) The Organizers and /or Nestle India Limited shall not be liable to perform any of its/their respective obligations under the Program or in respect of the Cashback 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. The Organizers and/or Nestle India Limited shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.
(xi) 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 the Organizers and Nestle India Limited.
(xii) 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.
(xiii) The Organizers and Nestle India Limited 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 participation in the Program.
(i) The courts of competent jurisdiction at DELHI shall have exclusive jurisdiction to determine any and 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. (ii) 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.