CONTEST DETAILS, CONCEPT AND PARTICIPATION:
(i) These terms and conditions apply to the Britannia Industries Ltd Good Day Golden Cookie Offer for consumers (hereinafter referred to as "Contest") launched by Britannia Industries Ltd (hereinafter referred to as "BIL") wherein consumers can participate by sending an SMS (to 58558) or calling in (on 022 49141516) or by logging on to www.gooddaygold.com with a unique code printed inside the Good Day Wrapper ("Good Day Wrapper"). These terms and conditions are specific to Rest of India excluding Tamil Nadu (hereinafter referred to as ROI). 1 winner will be selected each hour from 10 am to 8 pm of the Contest, thus 10 winners will be shortlisted every day and each shortlisted participant will be eligible to receive a 22 carat gold coin of 10 grams.The contest will commence on November 1st 2012. However the selection of winners will begin at 10 am Indian Standard Time on 23rd November 2012. The end date of the contest including selection of winners has been extended and will now end at 8 PM on 5th January, 2013. All entries received from November 1 onwards will be considered only on November 23rd for winner selection.
(ii) The Golden Cookie Offer is subject to all applicable central, state and local laws and regulations.
(iii) This contest is sponsored by Britannia Industries Ltd, having its registered office at 5/1A Hungerford Street, Kolkata 700017.
AGREEMENT TO TERMS AND CONDITIONS
(i) By participating in this contest through any of the means available (SMS, IVRS, Online participation), Participants fully and unconditionally agree to and accept these Terms and Conditions available on www.gooddaygold.com ("Contest Website") as well as the decisions of BIL, which are final and binding in all matters related to the Contest. Successfully entering the Contest and winning a prize is subject to all requirements set forth herein.
(ii) BIL reserves the right to exclude any person from the contest on grounds of misconduct or criminal record.
(iii) BIL reserves the right to terminate, modify or extend the Contest, at any time at its absolute discretion, without assigning any reason. All decisions of BIL in respect of the Contest and the prizes therein will be final and binding.
(i) This contest will be open to residents of India with the exception of agents, distributors, retailers and any other channel partner of BIL
(ii) People below 18 years shall be allowed to participate with their 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 his / her own cost and shall execute the documents as required
(iii) In order to be eligible for the prize, the participant must have a valid bank account and a PAN (Permanent Account Number) Card
(iv) In order to be eligible for the prize, all shortlisted Participants will be required to retain their original Good Day wrappers for verification
(v) BIL its Agency will not be responsible for any NDNC (National Do Not Call) Registry regulation that will come into play. All users who participate will agree as per the terms and conditions that even if they are registered under NDNC, DND (Do Not Disturb), BIL or its Agency will have all the authority to call such shortlisted participants by virtue of them having voluntarily participated in the campaign
(vi) Persons participating or seeking to participate in the Contest shall individually be referred to as "Participant" and collectively as "Participants".
(vii) Entry to the contest is void where prohibited/not allowed.
CONTEST PERIOD AND CONTEST TIMINGS:
(i) The contest will commence on November 1st 2012 however the selection of winners will begin at 10 am Indian Standard Time on 23rd November 2012. The end date of the contest including selection of winners has been extended and will now end at 8 PM on 5th January, 2013 (hereinafter referred to as "Contest Period"). All entries received from November 1st onwards will be considered only on November 23rd for winner selection
This contest shall run across all the following SKUs: Butter 150g, Butter 250g, Butter 75g, Butter 84g, Cashew 100g, Cashew 150g, Pista Badam 100g, Pista Badam 200g, Choco Chip 75g, Choco Nut 75g of Good Day
(ii) The Participants can make an entry any time during the Contest Period but the winner generation will be for every hour between 10 am and 8 pm (Contest Timings - ROI).
(iii) Time of participation will be defined as the time at which the entry is received through SMS/IVRS/online participation
(iv) Entries coming outside the Contest Timings i.e. any time after 8 PM or before 10 AM will be considered for winner selection as per details described under "Winner Selection"
NUMBER OF WINNERS AND PRIZES:
(i) One Participant will be chosen each hour between 10:00 AM and 8:00 PM each day during the Contest Period, i.e., 10 Participants will be shortlisted each day during the Contest Period, and such Participants will be eligible to win a 22 carat gold coin of 10 grams. Participants will be chosen through a computerized random selection, supervised by an authorized officer
(ii) Details on the Winner Selection are mentioned under the Clause of Winner Selection
HOW TO APPLY:
To participate in the Contest, consumers must purchase Offer Good Day packs and look for the 12 digit unique code printed inside the wrapper. Next, they may choose either of the following routes to participate in the Contest:
The SMS Route
(i) As a first step, Participants are required to SMS GOLD followed by the 12 digit unique code, printed inside the Good Day wrapper to the 5 digit short code, 58558 from any GSM or CDMA mobile phone during the Contest Period
(ii) If the consumer does not send the SMS as per the format as described on the outside of the Good Day wrapper, he / she will either not receive any response OR will get a response SMS with no link to the campaign
(iii) The format of the SMS to be sent by the Participant is as follows: GOLD GD1234567890 where GOLD is the keyword and GD1234567890 is the 12 digit code printed inside the wrapper
(iv) If an SMS is received after completion of the Contest Period, the Participant will receive a message requesting him/her to apply during the Contest Period only.
(v) If the Participant sends a valid SMS within the Contest Period, he/she will receive a valid response SMS and such entries will be considered for winner selection with details on how this will happen described under "Winner Selection"
(vi) If the Participant sends an SMS containing a 12 digit code from the same number more than once, he/she will receive a response SMS informing him/her to re-apply with a valid unused unique code.
(vii) If the Participant sends a valid SMS in the prescribed format, he/she will receive a message confirming his/her entry in the Contest.
(viii) The participant shall have to pay premium charges to their respective telecom service providers for sending the SMS to 58558.
(ix) If the Participant sends an incorrect or invalid code prefixed with GOLDGD, participant is asked to resend the correct unique code
The Call-in Route
(i) Participants can dial into the Interactive Voice Response System ("IVRS") number (022) 49 14 15 16 from any landline or mobile phone. Participants will then be guided by an IVRS to record the unique code as per the instruction on the IVRS and complete their participation.
(ii) Participants will be asked whether they reside in Rest of India or Tamil Nadu
(iii) If the Participant calls the IVRS number after the Contest Period, he / she will be informed of the Contest Period. The Participant will also be informed that the Terms and Conditions are present on the Contest Website (www.gooddaygold.com).
(iv) If the Participant enters an incorrect or invalid code, Participant is asked to re-enter the correct unique code or risk the call being disconnected automatically. If the Participant still enters the wrong code, the call is disconnected automatically.
(v) If the Participant enters the same code from the same calling number more than once, he / she is informed of the invalidity of the code and is asked to enter another valid unused code. If the Participant makes an incorrect entry, the call is disconnected automatically.
(vi) There will be an option in the IVR for the Participant to enter an alternate number to be reached at in case he / she desires to exercise that option
(vii) At any point in the IVR, if there is no response from the Participant for five (5) seconds of the prompt, there will be a reminder. If the Participant still does not make an entry for 5 seconds, the call will automatically get disconnected.
(viii) The participant shall have to pay STD charges if the call is made from any city other than the limits within Mumbai set by their respective operator
The Online Route
(i) Participants can log on to www.gooddaygold.com and follow instructions on the website to participate in the contest.
(ii) Participants will be required to enter the unique code inside the Good Day wrapper, as per instructions on the website, and their mobile or landline number in the format mentioned online
(iii) There will be no charges for entries made online other than the charge to respective ISPs for the internet usage.
(iv) If the Participant logs on to the website after completion of the Contest Period, the Participant will receive a message requesting him/her to apply during the Contest Period only.
(v) If the Participant enters an incorrect or invalid code, Participant is asked to re-enter the correct unique code. The entry will not be entertained till it is made in the prescribed format on the Contest Website
(vi) If the Participant enters the same code and the same calling number more than once, he / she is informed of the invalidity of the code and is asked to enter another valid unused code.
((i) A draw through random selection will be conducted every hour between 10 am and 8 pm every day for the Contest Period to select the winners from amongst the valid SMSs/calls & entries via Online Participation. All valid responses from 8 pm on any day will be considered the next day for winner generation.
(ii) 10 winners will be short-listed each day during the Contest Period, i.e., 1 winner will be shortlisted for each hour during the Contest Timings
(i) Once the Participants are shortlisted, the Agency appointed by BIL shall call each on the number from which the SMS entry has been made or indicated as an alternate on the IVRS or indicated whilst making an online entry.
(ii) In the event the shortlisted Participant's number is busy, unreachable, or he/she does not attend the call, two (2) more attempts will be made to reach the Participant on that day and/or the next day. If even on the third attempt, the Participant does not attend the call, or is unreachable, the Participant's participation in the Contest comes to an end and the Participant's entry stands canceled and Participant 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 (vi) shall apply.
(iv) If any shortlisted Participant remains unreachable on the third attempt or is not interested in continuing in the Contest or is otherwise ineligible to participate, the Agency shall conduct up to two (2) more random selections to shortlist a Participant. If even after a third random selection, no winner is selected, no prize shall be declared in respect of that particular hour or day of the Contest.
(v) In case of positive response the shortlisted participant, will be required to send the following documents and collateral
a. The Good Day Wrapper with the code that was entered by the consumer in the entry via any of the three modes of participation
b. Self attested copy of following documents for the purpose of taxation and legal validation:
(i) Income Tax Permanent Account Number
(ii) Photo Identity proof (e.g. Driver's license, Election Card (Voter ID), passport and any other document issued by the Government of India)
(iii) Address proof (Electricity bill, mobile bill, passport and any other recognized document that may pass for Address proof)
(iv) Bank account details (passbook, cancelled cheque etc)
(v) Any other document as may be required. This will be referred to as Participation Package.
(vi) The completed Participation Package needs to be sent only by registered post with Acknowledgement Due to the address mentioned below so as to reach within FIFTEEN (15) days of the call made by Agency to the selected winner:
Good Day Golden Cookie Contest
Media2win India Pvt. Ltd.
51B, Film Center, 5th Floor
Mumbai - 400034
(vii) If the shortlisted Participant does not have a PAN card, the shortlisted Participant will be provided FIFTEEN (15) days within which he/she must apply for a PAN card and ensure that an attested copy of the same, along with all the documents to the address mentioned above and ensure that it reaches the Agency.
(viii) If the Agency does not receive the Participation Package from any shortlisted Participant within the stipulated time period, the Agency shall call the Participant on the given mobile number, reminding Participant to ensure that the Participation Package reaches the Agency within TEN (10) additional days. If the shortlisted participant is unable to send the same in the stipulated time, he / she will be forfeited.
(ix) The cost and expenses of postage shall be borne by the participant himself. BIL or the agency shall not be responsible for any accident or mishap or loss of the package by the participant in transit. The responsibility of ensuring that the package, reaches the address as directed by BIL or its Agency lies solely with the participants.
(x) In the same call, the shortlisted participants will be told that in case they are verified upon scrutiny of all documents received in the Participation Package, they will be required to send a Demand Draft (hereinafter referred to as DD) for the applicable TDS as per prevailing laws and regulations on the 22 carat gold coin of 10 grams. The DD will be in favor of Britannia Industries Ltd payable at Bangalore.
(xi) If the shortlisted participant sends incomplete documents, the Agency shall call the shortlisted participant on the given contact number, requesting for complete documents and shall provide TEN (10) additional days for submission of documents.
(xii) If complete documents are still not received within the additional TEN (10) days provided, the shortlisted participant's prize stand forfeited his / her participation in the Contest will then be null and void.
(xiii) No justification/explanation for non-receipt of the Participation Package or any missing documents shall be accepted.
(xiv) On receipt of the Participation Package, BIL or its Agency shall scrutinize all contents. If all the contents are in order and the unique code entered by the consumer whilst participating matches with that on the Good Day wrapper submitted, the consumer will then be treated as a Validated Winner upon approvals from BIL
(xv) The DD must be sent through either registered post with acknowledgement due. All packages sent by any other means shall not be entertained by BIL or the agency and not be considered for registration and shall be rejected. BIL does not take any responsibility for receipt of the Participation Packages which have been sent in via any other means.
(xvi) If BIL or its Agency does not receive the DD from any shortlisted participant within 10 days of informing that it needs to be sent, the shortlisted participant will be contacted on the number from which the participation was made / spoken to the first time and reminded that he / she has to sent the above Package within an additional TEN (10) days.
(xvii) If BIL or its Agency still does not receive the DD from the shortlisted participant after the additional time, the shortlisted participant will be forfeited.
(xviii) If shortlisted Participant sends an incorrect DD, he / she will be given an additional TEN (10) days to send the correct DD. If the DD is not received within TEN days as aforesaid, the shortlisted Participant will be forfeited. Decision of BIL and / or its Agency will be final in deciding the forfeiture.
(xix) Upon receipt of the correct DD, Validated Winners will be treated as Confirmed Winners.
(xx) The prize will be dispatched to the Confirmed Winners after the above formalities are successfully completed.
(xxi) No prize will be awarded if the information presented by the Participant(s) at the time of entering the Contest is not factually correct.
(xxii) The prizes to shortlisted Participants shall be given subject to production of all such documents, papers and information as required by BIL and/or its Agency. Apart from the prize, the shortlisted Participant/ Validated Winner / Confirmed Winner or his/her legal heirs will have no other rights or claims against BIL.
Stipulations of the courier service
(i) Prizes will be dispatched to Confirmed Winners via Courier
(ii) The courier, whilst carrying the prize for a 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) as a proof of receipt of the prize, without which the prize will not be handed over to the winner.
(iv) If the Confirmed Winner or the family member of the winner present at the address does not cooperate as per the requirements mentioned herein with the courier, the prize will not be given to the Confirmed Winner and the prize will stand forfeited.
(v) The courier shall collect the signed No Claims Letter and the POD from the winner.
(vi) The prize will be given to the Confirmed Winner or an authorised family member of the Confirmed Winner (in the event the Confirmed Winner is not available at the designated address)
(vii) If the Confirmed Winner is not available at the given address, the courier will make 2 more attempts to deliver the prize. If still unsuccessful, the courier shall make no further attempts to deliver the prize. The Confirmed Winner shall be responsible to pick-up the prize from either the courier or Agency office, based on where the prize is deposited at the time of collection. The Confirmed Winner agrees to bear all costs and expenses in relation to collection of prize from the courier or BIL's Agency's office (as designated by BIL or its Agency).
(viii) If the winner fails to pick up the prize from the courier or Agency office within a week of informing him / her, the prize will not be given to the Confirmed Winner and the prize will stand forfeited.
(ix) Confirmed Winners will be provided TDS certificates in respect of such tax deductions by BIL or its Agency within 180 days from the last date of the Contest.
(i) The Participant/s undertake and irrevocably and unconditionally permit BIL to cover the Contest 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 BIL, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to BIL using their name and image in promotional material.
(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 BIL at all times. BIL or any person or entity permitted by BIL in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.
(ii) All material submitted in connection with the Contest (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 BIL upon submission and become the property of BIL exclusively. BIL may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of BIL.
(iii) All Good Day Wrappers and other documents submitted by the shortlisted participants will become the property of BIL and will not be returned.
(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 Contest 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) Each Participant is required to provide full and accurate details of his/her name, permanent address, Income Tax PAN, phone number, age and such other details as may be prescribed by BIL and it is to be understood that the prizes will be given to the winner only upon furnishing of the prescribed details and documents to the Agency or the courier (as applicable).
(iii) The decision of BIL or its Agency, as regards the selection of winners and distribution of the prizes is final, subject only to BIL's approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
(iv) BIL reserves the right to check all Good Day wrappers for their authenticity and reject them if not found genuine.
(v) The prize cannot be exchanged, and is not transferable and cannot be converted into cash.
(vi) The Agency shall provide the prize on an "as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and BIL and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any product/service and/or the prize or for any kind of consequential damages/ loss, in any manner whatsoever. If any Participant has any grievance with respect to the prize, he/she may directly contact the manufacturer.
(vii) If the winners do not provide the Agency and/or the courier (as required) with valid documentary proof in relation to their age and parents/guardians consent, their participation shall unconditionally and irrevocably lapse without further notice in this regard.
(viii) BIL reserves the right to change, defer, alter or cancel this Contest 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 BIL in this regard and in general with respect to this Contest and the terms and conditions thereto shall be final, binding and non-contestable.
(ix) Nothing contained herein amounts to a commitment or representation by BIL to conduct further Contests.
(x) The decision of BIL 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 BIL and the Participant shall not have the authority to bind BIL in any manner whatsoever
(xi) BIL or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents and / or photocopies of Good Day wrappers, etc.
(xii) BIL or its Agency shall not be liable to perform any of its/their respective obligations under the Contest 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. BIL shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Contest due to any government restrictions.
(xiii) 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 BIL or its Agency.
(xiv) BIL 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. BIL shall not be liable for any consequences of user error including (without limitation) costs incurred.
(xv) Proof of messaging, calling and making an online entry is not proof of receipt of the SMS, call or the online entry
(xvi) If a Participant is dissatisfied with the Contest or the Contest rules and/or any content or any requirements of the Contest form, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Contest.
(xvii) If a person chooses to access the Contest 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.
RELEASE AND LIMITATIONS OF LIABILITY:
(i) BIL 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 Contest the Participant hereby releases from and agrees to indemnify BIL, 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 Contest 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) BIL accepts 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 Contest by conducting an illegal act. Participant also undertakes to indemnify BIL and/or the 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 BIL or the Agency on account of such act on the part of the Participant.
(v) In consideration of BIL allowing the Participant/s to take part in the Contest, 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 BIL, 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 Contest or related to the Contest or the prize of the Contest.
(i) The courts of competent jurisdiction at Bangalore shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Contest. Participation in the Contest 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 BIL and/or Partners of this Contest, shall be governed and construed in accordance with the laws of the Republic of India.