TERMS & CONDITIONS FOR “Kinder Joy Diwali Contest 2022”

By participating in the contest the particpant accepts the terms and conditions of the contest as mentioned below.

  1. The CONTEST

    • “Kinder Joy Diwali 2022” Contest is conducted by Ferrero India Pvt. Ltd. (Organizers / Company) and is available for participation on Kinder.com for participants in across India (except the state of Tamil Nadu), only during the CONTEST Period.
  2. CONTEST Period

    CONTEST will run during the period from 15 September ‘22 (00:00 hours) to 30 October ‘22 (23:59 hours)

    • The Company reserves the right to change the tenure or timing of the CONTEST at its sole and absolute discretion without any consent, connivance, notice or intimation to anyone.
  3. Eligibility Criteria

    • CONTEST is open only to the participants residing in India except for the state of Tamil Nadu.
    • The employees of Ferrero, its associate companies and their children and other family members, the employees of the agencies associated with Ferrero for the organization of the Contest and their children and other family members are not eligible to participate in this Contest.
  4. How to participate

    • Read the terms and conditions carefully and proceed to participate only if you abide by all of them.
    • The participant should be a resident in India and should be above 18 years of age.
    • The participant shall not be associated with Company or any of its affiliates.
    • To participate in the Contest, the participant has to enter the lot number of one of the Kinder Joy eggs inside the Kinder Joy Wonderbox pack along with their name and phone number
    • Participation in any other way than this will not be accepted.
    • Only one entry per participant will be accepted. The first entry from each participant will be considered for the Contest.
  5. Voluntary and Free Participation

    • CONTEST is a voluntary initiative.
    • No fees, charges, costs, etc. required to be paid for participating in the CONTEST.
    • Participation requires purchase of a product ( Kinder Joy Wonderbox pack)
    • It is not mandatory to participate in the CONTEST.
  6. Prizes

    • Winners will be chosen by selecting lucky numbers using a randomiser. The winners will be judged by the Company representatives and decision of the judges will be final & binding on the participants. 50 winners will get an Amazon Kindle (specifications chosen by the company) and 3 winners will get an I-pad (specifications chosen by the company)
    • The Organizer shall only be responsible to dispatch the prizes at the address provided by the winner and shall not be responsible for any delay, loss, damage etc. in transit.
    • Winners will be announced on Kinder India Facebook & Instagram pages.
    • Winners shall share their address and contact details as a direct message within 5 days once winners are announced.
    • The prizes will be dispatched after the complete address & contact details have been received from the winner.
    • The Organizer shall not be obliged to accept any request for change or modification in the prize or substitution of prize.
    • Prizes are non-transferable and will not be substituted by cash or any other benefit. Unclaimed/un-availed prizes will be forfeited.
  7. Data Privacy

    • 7.1 Release

      The Participant (includes the parent / guardian of participating child) hereby grant permission to Ferrero India Pvt. Ltd., its officers, employees, agents, independent contractors, licensees, successors, assigns and any third party it may authorize (hereby collectively referred to as “Company”) to record his / her name, address, contact details, comment, likeness, message, image, voice, interview and performance on film, tape, or otherwise (hereinafter referred to as the “materials”) in the following context:

      CONTEST: “Kinder Joy Diwali 2022”

      LOCATION: Kinder.com

      PERIOD: FROM 15th September(00:00 hours) to 30th October (23:59 hours)

      The Participant further grant to the Company the full right to use, in any form and modality of exploitation, reproduce, alter by digital means, edit, create derivative works of, display, publish, make available to the public in streaming and/or downloading, broadcast, distribute, sell, license, lend, rent and give away the originals, reproductions, editions, adaptations, alterations and derivations of the materials in any media now known or later developed, including but not limited to websites (including but not limited to publicly accessible websites, intranet sites and third party content hosted sites), social media and social networks, blogs, electronic publications, webcasts, multimedia links, app for tablet and/or smart-phone and/or similar devices, anywhere in the world, and in perpetuity, in connection with promoting, publicizing or explaining the Company’s products and/or activities. The Participant understand and agree that the materials can be used without mentioning his / her name and by modifying and / or altering his / her image and / or voice, with no right to inspect or approve the use of the materials or of any reproduction, alteration, or derivation of the materials in any medium. The Participant further waive all moral rights and all claims to royalties or other compensation arising from or related to the making or use of the materials or reproductions, alterations or derivations of the materials. The Participant hereby forever release and discharge the Company from any claims, actions, damages, liabilities or demands that may arise regarding the use of the materials to promote, publicize or explain the Company’s products and/or activities, including any claims of defamation and invasion of privacy as well as of infringement of moral rights, rights of publicity or copyright or neighboring rights. The Participant understand and agree that all the materials, their adaptations, alterations and derivations, are the sole property of the Company, which owns all rights, title and interest, including the copyright, in and to the same, to be used and disposed of, without limitation, as the Company shall in the Company’s sole discretion determine. The Participant agree that there shall be no obligation to utilize the permission granted by me hereby. The terms of this permission shall commence on the date hereof and be without limitation. The Participant acknowledge that no further agreement between the Participant and the Company regulates the subject matter hereof. The Participant irrevocably agree that the Participant has no future claim for any indemnity or money. The Participant confirm that the Participant is either 18 years of age or older and that the Participant is competent to contract in its own name or minor Participant is participating with the consent and under the supervision of his / her parent / guardian. The Participant has read this release and fully understand its contents, meaning and impact. The Participant agree that this release, including all its contents, are binding on him / her, my heirs, executors, administrators and assigns.
    • 7.2 Privacy Notice

      The Participant (including the parent / guardian of participating child) hereby agree to Company's use of his / her / participating child’s personal data, including, by way of illustration, the name, images and voices, or any personal data which the Participant may submit voluntarily as part of the materials in the manner and for the purposes set out herein. The personal data may be used by the Company (by authorized personnel) for the purposes set out under the release herein above and may be visible and publicly available to anyone anywhere in the world on any means as described above. The Company may share the personal data with selected service providers that process the personal data under the instructions given by the Company and with any other third party it deems appropriate for the purposes described herein.

      The Participant acknowledge that he / she can exercise the rights granted under the applicable data protection legislation, including by way of illustration, the right to access, to have personal data rectified, blocked, completed or, under certain circumstances, deleted and to object to the processing of such data. The Participant also acknowledge that to exercise these rights and for any questions with respect to this privacy statement or how the Company handles personal data as data controller, the Participant can direct it to Privacy Officer, Ferrero India Pvt. Ltd., World Trade Centre, Tower 3, 08th Floor, Kharadi, Pune, 411014.

  8. Other terms and conditions

    • The Participants shall indemnify and keep the Company, its officers and directors always indemnified against any loss, damages, costs, expenses, claims, demands, etc. arising out of or in consequence of violation / infringement of intellectual property rights of anybody or these terms and conditions.
    • The participant shall not use the CONTEST to post any defamatory, obscene, offensive response or response which may hurt the personal, religious, social, political or other sentiments or feelings of anyone in any manner whatsoever. The participant shall be solely responsible and liable for such response. The Company shall have the right to exclude such responses from the CONTEST.
    • The participant shall not use the CONTEST to harm the reputation of the Company or its associate companies or any of its products.
    • The CONTEST is available for participation on first come basis and will be open for such participation by such no. of participants as the Organizers may select at its sole and absolute discretion.
    • All decisions of the Organizers in any matter relating to the CONTEST shall be final and no discussion, correspondence, dispute will be entertained.
    • Organizers reserve the sole right to change / edit CONTEST details at any time at its discretion and /or alter these terms and conditions without any consent, connivance, notice or intimation to anyone.
    • Organizers do not guarantee continuous or uninterrupted conduct of CONTEST and is not liable in case of any interruption or discontinuation of the CONTEST or the non-availability of the stock.
    • The Participants agree to have their name, details including photo published or uploaded on social or other media, to be used by the Organizers without any compensation and limitation.
    • The Participants agree that the Organizers may store and use the personal information of the Participant shared for the purposes of or in connection with the CONTEST for the purpose of conducting the CONTEST as well promoting and marketing its products.
    • The Participants agree to Privacy Policy published on the website of the Organizers.
    • Organizers do not guarantee any security and privacy to the published or uploaded details and photographs and is not liable for any consequences caused by and resulting from such publication or upload.
    • Participants will be receiving updates from the Company on their social platforms regarding any subsequent campaigns to be conducted by the Company in Future.
    • Organizers reserve the right to modify or pull out the CONTEST without prior consent, connivance, intimation or notification.
    • Organizers reserve the right to disqualify the participant for infringement of these terms and conditions, before or after participations / gratification.
    • CONTEST is in no way sponsored, endorsed or administered, by Facebook, Instagram or any other social media.
    • By participating you hereby release and hold harmless Organizers and its employees and directors from any and all liability associated with the participation.
    • Notwithstanding anything contained herein or in any other document or correspondence the responsibility and liability of the Organizer shall be limited to dispatch of the prize(s) as aforesaid.
    • These Terms and Conditions and the participation in the CONTEST shall be governed by Indian law and the court at Pune, India shall have exclusive jurisdiction in any matter in this regard.