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Terms & Conditions

1. Promotion Details, Organizers and Partners

1.1 The Win With 5 Star Promotion (“Promotion”) is a consumer promotion activity launched by Cadbury India Private Limited (“Cadbury”) that offers its consumers who buy 5 Star products in its limited edition variants, specifically 5 Star bars 13gm, 5 Star bars 40gm, 5 Star Crunchy bars 37 gm and 5 Star Fruit & Nut bars 40gm, hereinafter referred to as “5 Star bars”, an opportunity to win a holiday in Bermuda along with a host of other prizes, with participation and winner selection being governed by the criteria and conditions listed hereinafter 1.2 The Promotion is organised by Cadbury, having its corporate office at No.19, Cadbury House, Bhulabhai Desai Road, Peddar Road, Near Mahalaxmi Temple, Mumbai, Maharashtra 400026 and shall be executed by AD2C India Pvt. Ltd. (“Agency”) who will manage all operations related to the Promotion 1.3 M/s S Bagadia Associates, having its office at A-44, LGF, Dayanand Colony, Lajpat Nagar-IV, New Delhi-110024 (“CA”) will be give the responsibility for auditing and certifying various aspects of the Promotion, including, but not limited to, Promotion Participation, Automated winner selection process, Prize Allocation etc.

2. Validity, Eligibility & Participation


2.1 The Promotion is valid only on purchase of limited edition 5 Star Bars. Limited Edition packs are those bearing the Promotion related material, a sample of which is provided below:







2.2 The Promotion is open to participation from 1st November 2013 9AM to 15th February 2014 9PM both days inclusive or till stocks last of the limited edition 5 Star Bars hereinafter referred to as “Participation Period”

2.3 Participation to the Promotion will be open every day between 9AM to 9PM each day during the Promotion Period hereinafter referred to as the “Participation Timing”

2.4 Cadbury reserves the right to close the Promotion, or modify the Participation Period and/or Participation Timing, at any time at its sole discretion, without assigning any reason whatsoever

2.5 Entry and participation in the Promotion is open to consumers, who satisfy the following “Eligibility Criteria”:

2.5.1 Are Indian Citizens of age 18 years or more

2.5.2 Participate from a valid cellular GSM or CDMA phone connection

2.5.3 Are not management, employees, directors or contractors, or family members of the management, employees, directors or contractors of Cadbury, its Agency or companies associated with the Promotion (including suppliers of prizes)

2.6 This Promotion is not open for participation to Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs) and Persons of Indian Origin (PIOs)

2.7 In the event that the winner is a Minor, then either or Parents / Legal Guardian can represent the minor and will have to comply with the Terms & Conditions of the Promotion

2.8 All consumers who choose to enter the Promotion will hereafter be referred to collectively as “Participants” and individually as “Participant”

2.9 Participants must meet the aforementioned “Eligibility Criteria” in order to enter and participate in the Promotion

2.10 Cadbury reserves the right to disqualify Participants and revoke the prize won by any Participant in the event a Participant is found to not meet, or has falsely represented, the aforementioned Eligibility Criteria


3. Acceptance to Terms & Conditions and Participation Process

3.1 By choosing to enter the Contest, the Participants fully and unequivocally accepts all the Terms & Conditions listed herein along with all decision of Cadbury, its Agency or the CA, which are final and binding in all respects of the Contest including, but not limited to, Prizes offered, Winner selection and declaration, Participation Period, Participation Timing, Eligibility Criteria etc.

3.2 Participation via missed call IVR

3.2.1 For participation via IVR, users must purchase the limited edition 5 Star Bars and give a missed call on the number -1800 123 0555 provided on the pack to participate, from a valid Mobile number during the Participation Period and within the stipulated Participation Timing. Calls from landline numbers will not be eligible to participate

3.2.2 In order to qualify for a prize and be deemed as “Eligible Winners”, Participants must pick up the Automated Outbound Voice Call (“OBD”) sent back to them as response to their missed call and enter a valid Promo code provided at the back of the limited edition 5 Star Bars. In the event a Participant does not answer the OBD sent back in response to their Missed Call, Participant will have to give a Missed Call again in order to receive another OBD

3.2.3 In-case the Participant inputs a wrong Promo code on the IVR they will not qualify to be Eligible Winners. However Participants inputting wrong Promo code will be allowed to re-try for maximum 2 more times on the same call

3.3 Participation via Website

3.3.1 For participation via website, users must purchase the limited edition 5 Star Bars and visit www.winwith5star.com during the Participation Period and within the stipulated Participation Timing

3.3.2 In order to qualify for a prize and be deemed as “Eligible Winners”, Participants must validate their mobile number using the validation PIN sent via SMS, answer few queries regarding their device, and enter a valid Promo code provided at the back of the limited edition 5 Star Bars

3.3.3 In-case the Participant inputs a wrong Promo code on the website they will have to retry start form the first step, using a valid Promo code

3.4 Cadbury or any of its respective officers/employees/directors shall not be responsible for mutilated, corrupted or illegible Promo codes and advises Participants to check the same before purchasing the 5 Star Bars

3.5 Consumers can participate multiple times using unique codes, but will be eligible to win prizes as per Prize Allocation logic and availability of prizes

3.6 Reasonable efforts will be made to ensure uptime of backend technology, however Cadbury and / or Agency will not be liable in any way for failure of any backend technology of SMS,IVRS or website applications and resultant inability of a participant to send in his/her entry

3.7 Participation via Toll Free Missed Call number is Free of Charge to the user, However the user may be required to pay for Data Charges in order to Redeem Prizes. Furthermore Participants may contact the call centre on 011-27405580 between 9AM to 6PM on weekdays for any clarifications, however these calls will be chargeable as per the Participants Mobile Tariff plan

4. Prizes, Allocation, Redemption and Forfeiture:

• Eligible Winners will stand to win prizes from One (1) of Three (3) categories that are listed in sections 4.1, 4.2 and 4.3 subject to the respective Terms listed under these sections, in addition to all other Terms & Conditions

• All prizes will be allocated against a “Winning Number” i.e. a unique mobile number from which participation has occurred, through a computerized random process, audited and certified by the appointed CA

• The participant using the Winning Number, selected by the computerized random process, will hereinafter be referred to as “Winners”

ο For Weekly Prize & Hourly Prize winners, the person who answers the call from Call Centre and confirms participation in the Promotion will thereinafter be considered as the user of the “Winning Number” and only they will be considered as Eligible Winner and qualify for classification as Confirmed Winner and no other person can be nominated as a Participant or Confirmed Winner thereafter

ο Furthermore, in order to Redeem and receive prize under certain categories, including, but not limited to the Weekly Prize & Hourly Prize categories, Winners may be required to classify as “Confirmed Winners” by adhering to certain specified terms, furnishing additional documentation, and/or submit Proof of Purchase, failing which their Prize will be forfeited and Winner shall not be eligible to receive any prize or compensation in lieu of the Prize

• In order to win a prize, Participant must adhere to the conditions set forth in section 3 above

• Prizes cannot be exchanged or replaced for cash or kind under any circumstances and are non-transferable in nature

• Cadbury reserves the right to change the Prizes being offered or their quantity at any time at its sole discretion, without assigning any reason whatsoever

• All prizes are provided on a best effort basis and may require certain pre-requisites in order for Redemption of the same. It is the responsibility of the Participant to meet all such pre-requisites

• Cadbury shall provide the prize on an “as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and Cadbury 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 supplier or manufacturer

• In the event of any winner choosing not to accept a prize(s) or forfeiture of a Prize(s), Cadbury shall deal with such prize(s) at its sole discretion, including cancellation of the prize

• Apart from the entitlement to the Prize, the winners or their legal heirs and representatives shall have no other rights or claims against Cadbury

4.1 Prize 1: Holiday in Bermuda “Weekly Prize”

4.1.1 Total of 8 Eligible winners will be chosen through a computerized random process during a period of 56 days from 12th November 2013 till 6th January 2014

4.1.2 One Participant can win the Weekly Prize only once in the Participation Period

4.1.3 Each Weekly Prize winner will be eligible for Couple (TWO persons) package to Bermuda. The winners under this category will be eligible for economy flight tickets to and from Bermuda and accommodation in a 3-star hotel or equivalent for 4 Nights & 5 Days

4.1.3.1 The Package will include:

• Return Economy Class FIT Airfares with taxes from Ex- Mumbai, Ex-Delhi, Ex- Chennai, Ex-Bangalore and Ex-Kolkata. Winners from other cities will have to confirm the nearest Airport from the above list and make to & fro arrangements to reach the nearest city of Departure. All costs incurred for the same are to be borne by the Winner.

• Normal Single Entry Tourist Visa of Bermuda (issued by UK Consulate, subject to approval)

• Overseas Mediclaim Policy for 6 days (Not over age 59 yrs)

• 4 Nights’ accommodation in a 3-star Hotel or equivalent with daily buffet breakfast

• The Package will not include any other cost which is not mentioned above. All other costs have to be incurred by the Winners

4.1.4 The Winner will be solely responsible for obtaining ALL requisite Permissions, Statutory Clearances, Income Tax Clearances, Certificate of Approvals for eg; from the POE (Emigration) or relations to Health; Insurance and shall complete all other Travel Formalities including Visa, Passport as may be necessary. Cadbury or its Agency will not be liable in-case any of the above and / or any other documentation / approvals / clearances are not complied by the Winner

4.1.5 It is at the sole discretion of the Consulate / Authorities to Grant the necessary Visa.

4.1.6 While Winners of Weekly Prize will be intimated immediately via SMS that they have won, they must qualify as “Confirmed Winners” to redeem and avail the prizes by adhering to terms as listed in clauses 4.1.7, 4.1.8 and 4.1.9 failing which their prizes will be forfeited

4.1.7 All Weekly Prize winners will be called by Agency’s Call Centre to intimate about the Redemption terms including documents requirement and travel itinerary. In the event the Winner’s number is busy, unreachable, or he/she does not attend the call in the first attempt, two (2) more attempts will be made to reach the Winner. If the user does not respond to the calls an SMS intimating the users pending Prize will be sent with a number to call back on. If users still does not call back, another Two (2) attempts will be made If even on the last attempt, the Eligible Winner does not attend the call, or is unreachable, or confirms that he/she is not interested in continuing in the Promotion, the Eligible Winner’s participation in the Promotion shall come to an end, his/her entry shall stand forfeited and he/she shall not be eligible to receive any prize or compensation in lieu of the Prize

4.1.8 Winners of Weekly prize will be required to provide the following documents and Proof of purchase for the purpose of taxation and legal validation within 7 days from date of intimation by the Call Centre:

(i) Self-attested photocopy of PAN card, valid government approved ID proof like Voters ID card, Aadhar Card, Driving Licence or College ID Card along with Birth Certificate
(ii) Self-attested photocopy of PASSPORT
(iii) Self-attested photocopy of a valid, government approved address proof (PSU utility bills –Electricity, Telephone, Gas etc.., Bank Statement / Passbook, Driving license, Aadhar Card, Passport, Rent Agreement etc.), failing which their prizes will be forfeited and their Prize will be offered to the next randomly chosen Eligible Winners. The documents provided by the participant will be considered final unless the participant intimates Cadbury and / or the Agency, prior to despatch of the voucher / physical prize about change of address with valid proof of address

4.1.9 Given the nature of the Weekly Prize, Winners will be required to travel on specified dates as per a specified itinerary, to which Winners must abide, failing which their prizes will be forfeited

4.1.10 Weekly Prize winners can only confirm 1 (ONE) person to travel along with him/her and the person accompanying winner must also abide to above clauses 4.1.4 & 4.1.9, failing which the prize will be forfeited

4.2 Prize 2: Electronic Goods as “Hourly Prize”

4.2.1 A total of 780 eligible winners will be chosen through a computerized random process for prizes in this category. A maximum of 12 winners will be selected every day during a period of 55 days starting from 12th November 2013 till 5th January 2014, additionally for 10 days from 8th January 2014 till 17th January 2014 at a rate of maximum One (1) winner every hour of the Participation Timing of Twelve (12) hours

4.2.2 One Participant can win the Tier 2 Prize only once in the Participation Period

4.2.3 Winners will win One (1) product from either of the following products:

• Samsung Galaxy Star Smartphone
• Canon Digicam A2500 Camera
• Jabra Supreme Plus Audio Headset
• Lenevo A1000 Tablet

4.2.4 While Winners of Hourly Prize will be intimated immediately via SMS that they have won, they must qualify as “Confirmed Winners” to redeem and avail the prizes by adhering to terms as listed in clauses 4.2.5, 4.2.6 and 4.2.7 failing which their prizes will be forfeited

4.2.5 All Hourly Prize winners will be called by Agency’s Call Centre to intimate about the Redemption terms including documents requirement. In the event the Winner’s number is busy, unreachable, or he/she does not attend the call in the first attempt, two (2) more attempts will be made to reach the Winner. If the user does not respond to the calls an SMS intimating the users pending Prize will be sent with a number to call back on. If users still does not call back, another Two (2) attempts will be made If even on the last attempt, the Eligible

4.2.6 Winners of the Hourly Prize may be required to provide the following documents and Proof of purchase for the purpose of taxation and legal validation within 7 days from date of intimation by the Call Centre:

(i) Self-attested photocopy of PAN card, valid government approved ID proof like Voters ID card, Aadhar Card, Driving Licence or College ID Card alongwith Birth Certificate
(ii) Self-attested photocopy of a valid, government approved address proof (PSU utility bills –Electricity, Telephone, Gas etc., Bank Statement / Passbook, Driving license, Aadhar Card, Passport, Rent Agreement etc.), failing which their prizes will be forfeited and their Prize will be offered to the next randomly chosen Eligible Winners. The documents provided by the participant will be considered final unless the participant intimates Cadbury and / or the Agency, prior to despatch of the voucher / physical prize about change of address with valid proof of address

4.2.7 Courier & Delivery of Hourly Prize

4.2.7.1 Delivery of consignment will be handled by Edenred India Pvt Ltd “Courier Partner” and winners can contact on 044-43445110 for any assistance or track status.

4.2.7.2 Cadbury / Courier Partner will endeavor to deliver all prizes within 7 days of receiving al requisite details from the Confirmed Winners / Addressee.

4.2.7.3 The prize will be delivered to the address & not the addressee, in the event of the addressee not being present at the time of delivery.

4.2.7.4 Once the prize has been delivered at the address; SMS will be sent to the addressee about delivery of the prize by Courier Partner

4.2.7.5 In case the addressee has received delivery confirmation SMS yet not received the prize, he/she should notify within 3 working days of delivery such confirmation SMS received to the Courier Partner, else the prize will be considered as delivered

4.2.7.6 In case of Damaged products, customer to notify within 3 working days of delivery to the Courier Partner, thereafter no replacement shall be made

4.3 Prize 3: Mobile Games, Ringtones & Recharges as “Tier 3 Prize”

4.3.1 Eligible Winners who do not win either the Weekly Prize or the Tier 2 Prize will be eligible for a Tier 3 Prize, during the Promotion Period

4.3.2 Tier 3 Prize will be sent via SMS with a WAP link and / or relevant codes to download or redeem the prize

4.3.3 Participants can win Movie Vouchers (800,000), Mobile Recharges (450,000), Mobile Games (30,000) playable on select Android & J2ME devices or Ringtones

4.3.4 Winners of Movies voucher will be given a voucher code which will be redeemable on www.hungama.com where the winner can watch ONE movie of his choice from the available movies on the site. Participants can win multiple Movie vouchers during the Participation Period

4.3.4.1 Validity of the Movie Voucher codes will be till 28th February2014 and hence must be used before this date as per above mentioned details

4.3.4.2 Redemption & Validity of the Movie Vouchers are governed by the General Terms & Conditions of partners Hungama.com

4.3.5 Winners of Mobile Recharge category will be given a voucher code to redeem Rs.10/- worth of recharge on www.paytm.com

4.3.5.1 Validity of the Recharge Voucher codes will be till 28th February 2014 and hence must be used before this date as per above mentioned details

4.3.5.2 Cadbury and / or the Agency will not be responsible or liable in-case Recharge is not compatible or the denomination is not available with the user’s Telecom Service Provider / Operator. Redemption & Validity of the Recharge Vouchers are governed by the General Terms & Conditions of partners PayTM.com

4.3.6 Winners under the Mobile Game category will be given a downloadable WAP link , with which the winner can download the game

4.3.6.1 Participant must have a compatible device with mobile internet connection in order to download the Mobile Game. In the event the Mobile Game is not compatible to users device, it is the Participant’s responsibility to ensure redemption via a compatible device

4.3.6.2 Two Mobile Games will be available under this category

4.3.6.3 One Participant can win each of the mobile games only once in the Participation Period

4.3.6.4 Winners under this category will be given 24 hours to retry download from the 1st attempt to download, failing which the prize will be forfeited

4.3.7 Winners under the Ringtones category can select one (1) from a choice of twenty (20) ringtones

4.3.7.1 Winners under the Ringtone category will be given a downloadable WAP link through which the winner can download the ringtone on a compatible mobile device with mobile internet. User also has an option download the Ringtone via website, in case their device does not support the ringtone format

4.3.7.2 Ringtones will be available in mp3 format

4.3.7.3 Winners under this category will be given 2 attempts to download the ringtone successfully, for each Win, failing which the prize will be forfeited

4.3.7.4 Participants can win multiple ringtones, but in the event that all 20 ringtones are already downloaded by the user the participant shall be awarded the same ringtones again

4.3.8 Cadbury and / or the Agency will not be responsible or liable in-case Tier 3 Prize of Mobile Game and Ringtones are not compatible with the user’s mobile device and it is the Participant’s responsibility to ensure redemption via a compatible device

4.3.9 Winners may be charged by their Mobile Service Providers for data charges for browsing and/or downloading the Tier 3 Prize’s, as per their tariff plan


5. Other Terms:

5.1 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 Promotion 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

5.2 In case of any dispute or difference in respect of or in connection with the Promotion and/or the prizes herein, the decision of Cadbury, its Agency or CA shall be final and binding on all concerned

5.3 If a Participant is dissatisfied with the Promotion or the Promotion terms and/or any content or any requirements of the Promotion, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Promotion

5.4 By participating in the Promotion, Participants agree to receive details, information and or instructions regarding the Promotion, on his/her mobile, through SMS or voice calls, during the tenure of the Promotion and subsequent two months. Participants, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”) agree not to make any claim or raise any complaint whatsoever against Cadbury and / or the Agency in this respect

5.5 Unless otherwise indicated, Cadbury shall deem any information voluntarily supplied during the course of the scheme and /or personal information provided by the participants as non-confidential, which hereby discharges all obligations of confidentiality. Cadbury shall be free to reproduce, use, disclose and distribute the information to Agency and/or CA without limitation

5.6 Cadbury and / or the Agency shall keep a record of the mobile numbers through which the Participants send their entries

5.7 Cadbury and/or its Agency shall not be liable for loss of Data due to tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, software failure, hardware failure or otherwise. Cadbury and or Agency shall not liable for any consequences resultant of such data loss


6. Additional Terms in-case the Winner is a Minor

6.1 In the event that the Winner is a Minor, then either of the Parent / Guardian will have to represent the Minor & has to comply with all the Terms & Conditions of the Promotion

6.2 Additionally, the Parent / Guardian will have to submit the required documents mentioned in point -4.1 & 4.2 of the Terms & Conditions to become a Confirmed Winner of Weekly Prize & Hourly Prize along with the Birth certificate of the Minor or any other document issued by the local municipal authority or the state that states the relationship of Parent / Guardian with the Minor

6.3 In-case a Minor has won the Weekly Prize to Bermuda; he/she will have to be accompanied only by the Parent / Guardian for the trip.

6.4 Both the Parent / Guardian & the Minor will be considered as Participant to the Promotion

6.5 The Parent / Guardian agrees to indemnify Cadbury and / or the Agency as mentioned under point 7 (Indemnification & Limitation of Liability) of the Terms & Conditions.


7. Indemnification & Limitation of Liability

7.1 Cadbury and / or the Agency shall not be liable for any loss or damage, direct or indirect, due to any reason whatsoever including due to Acts of God, Governmental actions and other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss

7.2 By entering the Promotion the Participant hereby releases from and agrees to indemnify Cadbury, and/ or any of its respective officers/employees, against all liabilities, costs, losses, actions, suits, claims or expenses arising out of acceptance /usage of the prize or participation in the Promotion 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

7.3 Failure by Cadbury and / or the Agency to enforce any of these Terms in any instance(s) shall not give rise to any claim by any person

7.4 In consideration of Cadbury allowing the Participant/s to take part in the Promotion, 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 Cadbury, 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 Promotion or related to the Promotion or the prize of the Promotion


8. Dispute Resolution

8.1 Any dispute arising out of or in relation to the Promotion shall be subject to the exclusive jurisdiction of competent court/s at Mumbai

8.2 The Promotion shall be governed by and construed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the Promotion and, or, pertaining to the rules and regulations and, or, the Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Mumbai.

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Terms & Conditions

1. Promotion Details, Organizers and Partners

1.1 The Win With 5 Star Promotion (“Promotion”) is a consumer promotion activity launched by Cadbury India Private Limited (“Cadbury”) that offers its consumers who buy 5 Star products in its limited edition variants, specifically 5 Star bars 13gm, 5 Star bars 40gm, 5 Star Crunchy bars 37 gm and 5 Star Fruit & Nut bars 40gm, hereinafter referred to as “5 Star bars”, an opportunity to win a holiday in Bermuda along with a host of other prizes, with participation and winner selection being governed by the criteria and conditions listed hereinafter 1.2 The Promotion is organised by Cadbury, having its corporate office at No.19, Cadbury House, Bhulabhai Desai Road, Peddar Road, Near Mahalaxmi Temple, Mumbai, Maharashtra 400026 and shall be executed by AD2C India Pvt. Ltd. (“Agency”) who will manage all operations related to the Promotion 1.3 M/s S Bagadia Associates, having its office at A-44, LGF, Dayanand Colony, Lajpat Nagar-IV, New Delhi-110024 (“CA”) will be give the responsibility for auditing and certifying various aspects of the Promotion, including, but not limited to, Promotion Participation, Automated winner selection process, Prize Allocation etc.

2. Validity, Eligibility & Participation


2.1 The Promotion is valid only on purchase of limited edition 5 Star Bars. Limited Edition packs are those bearing the Promotion related material, a sample of which is provided below:







2.2 The Promotion is open to participation from 1st November 2013 9AM to 15th February 2014 9PM both days inclusive or till stocks last of the limited edition 5 Star Bars hereinafter referred to as “Participation Period”

2.3 Participation to the Promotion will be open every day between 9AM to 9PM each day during the Promotion Period hereinafter referred to as the “Participation Timing”

2.4 Cadbury reserves the right to close the Promotion, or modify the Participation Period and/or Participation Timing, at any time at its sole discretion, without assigning any reason whatsoever

2.5 Entry and participation in the Promotion is open to consumers, who satisfy the following “Eligibility Criteria”:

2.5.1 Are Indian Citizens of age 18 years or more

2.5.2 Participate from a valid cellular GSM or CDMA phone connection

2.5.3 Are not management, employees, directors or contractors, or family members of the management, employees, directors or contractors of Cadbury, its Agency or companies associated with the Promotion (including suppliers of prizes)

2.6 This Promotion is not open for participation to Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs) and Persons of Indian Origin (PIOs)

2.7 In the event that the winner is a Minor, then either or Parents / Legal Guardian can represent the minor and will have to comply with the Terms & Conditions of the Promotion

2.8 All consumers who choose to enter the Promotion will hereafter be referred to collectively as “Participants” and individually as “Participant”

2.9 Participants must meet the aforementioned “Eligibility Criteria” in order to enter and participate in the Promotion

2.10 Cadbury reserves the right to disqualify Participants and revoke the prize won by any Participant in the event a Participant is found to not meet, or has falsely represented, the aforementioned Eligibility Criteria


3. Acceptance to Terms & Conditions and Participation Process

3.1 By choosing to enter the Contest, the Participants fully and unequivocally accepts all the Terms & Conditions listed herein along with all decision of Cadbury, its Agency or the CA, which are final and binding in all respects of the Contest including, but not limited to, Prizes offered, Winner selection and declaration, Participation Period, Participation Timing, Eligibility Criteria etc.

3.2 Participation via missed call IVR

3.2.1 For participation via IVR, users must purchase the limited edition 5 Star Bars and give a missed call on the number -1800 123 0555 provided on the pack to participate, from a valid Mobile number during the Participation Period and within the stipulated Participation Timing. Calls from landline numbers will not be eligible to participate

3.2.2 In order to qualify for a prize and be deemed as “Eligible Winners”, Participants must pick up the Automated Outbound Voice Call (“OBD”) sent back to them as response to their missed call and enter a valid Promo code provided at the back of the limited edition 5 Star Bars. In the event a Participant does not answer the OBD sent back in response to their Missed Call, Participant will have to give a Missed Call again in order to receive another OBD

3.2.3 In-case the Participant inputs a wrong Promo code on the IVR they will not qualify to be Eligible Winners. However Participants inputting wrong Promo code will be allowed to re-try for maximum 2 more times on the same call

3.3 Participation via Website

3.3.1 For participation via website, users must purchase the limited edition 5 Star Bars and visit www.winwith5star.com during the Participation Period and within the stipulated Participation Timing

3.3.2 In order to qualify for a prize and be deemed as “Eligible Winners”, Participants must validate their mobile number using the validation PIN sent via SMS, answer few queries regarding their device, and enter a valid Promo code provided at the back of the limited edition 5 Star Bars

3.3.3 In-case the Participant inputs a wrong Promo code on the website they will have to retry start form the first step, using a valid Promo code

3.4 Cadbury or any of its respective officers/employees/directors shall not be responsible for mutilated, corrupted or illegible Promo codes and advises Participants to check the same before purchasing the 5 Star Bars

3.5 Consumers can participate multiple times using unique codes, but will be eligible to win prizes as per Prize Allocation logic and availability of prizes

3.6 Reasonable efforts will be made to ensure uptime of backend technology, however Cadbury and / or Agency will not be liable in any way for failure of any backend technology of SMS,IVRS or website applications and resultant inability of a participant to send in his/her entry

3.7 Participation via Toll Free Missed Call number is Free of Charge to the user, However the user may be required to pay for Data Charges in order to Redeem Prizes. Furthermore Participants may contact the call centre on 011-27405580 between 9AM to 6PM on weekdays for any clarifications, however these calls will be chargeable as per the Participants Mobile Tariff plan

4. Prizes, Allocation, Redemption and Forfeiture:

• Eligible Winners will stand to win prizes from One (1) of Three (3) categories that are listed in sections 4.1, 4.2 and 4.3 subject to the respective Terms listed under these sections, in addition to all other Terms & Conditions

• All prizes will be allocated against a “Winning Number” i.e. a unique mobile number from which participation has occurred, through a computerized random process, audited and certified by the appointed CA

• The participant using the Winning Number, selected by the computerized random process, will hereinafter be referred to as “Winners”

ο For Weekly Prize & Hourly Prize winners, the person who answers the call from Call Centre and confirms participation in the Promotion will thereinafter be considered as the user of the “Winning Number” and only they will be considered as Eligible Winner and qualify for classification as Confirmed Winner and no other person can be nominated as a Participant or Confirmed Winner thereafter

ο Furthermore, in order to Redeem and receive prize under certain categories, including, but not limited to the Weekly Prize & Hourly Prize categories, Winners may be required to classify as “Confirmed Winners” by adhering to certain specified terms, furnishing additional documentation, and/or submit Proof of Purchase, failing which their Prize will be forfeited and Winner shall not be eligible to receive any prize or compensation in lieu of the Prize

• In order to win a prize, Participant must adhere to the conditions set forth in section 3 above

• Prizes cannot be exchanged or replaced for cash or kind under any circumstances and are non-transferable in nature

• Cadbury reserves the right to change the Prizes being offered or their quantity at any time at its sole discretion, without assigning any reason whatsoever

• All prizes are provided on a best effort basis and may require certain pre-requisites in order for Redemption of the same. It is the responsibility of the Participant to meet all such pre-requisites

• Cadbury shall provide the prize on an “as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and Cadbury 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 supplier or manufacturer

• In the event of any winner choosing not to accept a prize(s) or forfeiture of a Prize(s), Cadbury shall deal with such prize(s) at its sole discretion, including cancellation of the prize

• Apart from the entitlement to the Prize, the winners or their legal heirs and representatives shall have no other rights or claims against Cadbury

4.1 Prize 1: Holiday in Bermuda “Weekly Prize”

4.1.1 Total of 8 Eligible winners will be chosen through a computerized random process during a period of 56 days from 12th November 2013 till 6th January 2014

4.1.2 One Participant can win the Weekly Prize only once in the Participation Period

4.1.3 Each Weekly Prize winner will be eligible for Couple (TWO persons) package to Bermuda. The winners under this category will be eligible for economy flight tickets to and from Bermuda and accommodation in a 3-star hotel or equivalent for 4 Nights & 5 Days

4.1.3.1 The Package will include:

• Return Economy Class FIT Airfares with taxes from Ex- Mumbai, Ex-Delhi, Ex- Chennai, Ex-Bangalore and Ex-Kolkata. Winners from other cities will have to confirm the nearest Airport from the above list and make to & fro arrangements to reach the nearest city of Departure. All costs incurred for the same are to be borne by the Winner.

• Normal Single Entry Tourist Visa of Bermuda (issued by UK Consulate, subject to approval)

• Overseas Mediclaim Policy for 6 days (Not over age 59 yrs)

• 4 Nights’ accommodation in a 3-star Hotel or equivalent with daily buffet breakfast

• The Package will not include any other cost which is not mentioned above. All other costs have to be incurred by the Winners

4.1.4 The Winner will be solely responsible for obtaining ALL requisite Permissions, Statutory Clearances, Income Tax Clearances, Certificate of Approvals for eg; from the POE (Emigration) or relations to Health; Insurance and shall complete all other Travel Formalities including Visa, Passport as may be necessary. Cadbury or its Agency will not be liable in-case any of the above and / or any other documentation / approvals / clearances are not complied by the Winner

4.1.5 It is at the sole discretion of the Consulate / Authorities to Grant the necessary Visa.

4.1.6 While Winners of Weekly Prize will be intimated immediately via SMS that they have won, they must qualify as “Confirmed Winners” to redeem and avail the prizes by adhering to terms as listed in clauses 4.1.7, 4.1.8 and 4.1.9 failing which their prizes will be forfeited

4.1.7 All Weekly Prize winners will be called by Agency’s Call Centre to intimate about the Redemption terms including documents requirement and travel itinerary. In the event the Winner’s number is busy, unreachable, or he/she does not attend the call in the first attempt, two (2) more attempts will be made to reach the Winner. If the user does not respond to the calls an SMS intimating the users pending Prize will be sent with a number to call back on. If users still does not call back, another Two (2) attempts will be made If even on the last attempt, the Eligible Winner does not attend the call, or is unreachable, or confirms that he/she is not interested in continuing in the Promotion, the Eligible Winner’s participation in the Promotion shall come to an end, his/her entry shall stand forfeited and he/she shall not be eligible to receive any prize or compensation in lieu of the Prize

4.1.8 Winners of Weekly prize will be required to provide the following documents and Proof of purchase for the purpose of taxation and legal validation within 7 days from date of intimation by the Call Centre:

(i) Self-attested photocopy of PAN card, valid government approved ID proof like Voters ID card, Aadhar Card, Driving Licence or College ID Card along with Birth Certificate
(ii) Self-attested photocopy of PASSPORT
(iii) Self-attested photocopy of a valid, government approved address proof (PSU utility bills –Electricity, Telephone, Gas etc.., Bank Statement / Passbook, Driving license, Aadhar Card, Passport, Rent Agreement etc.), failing which their prizes will be forfeited and their Prize will be offered to the next randomly chosen Eligible Winners. The documents provided by the participant will be considered final unless the participant intimates Cadbury and / or the Agency, prior to despatch of the voucher / physical prize about change of address with valid proof of address

4.1.9 Given the nature of the Weekly Prize, Winners will be required to travel on specified dates as per a specified itinerary, to which Winners must abide, failing which their prizes will be forfeited

4.1.10 Weekly Prize winners can only confirm 1 (ONE) person to travel along with him/her and the person accompanying winner must also abide to above clauses 4.1.4 & 4.1.9, failing which the prize will be forfeited

4.2 Prize 2: Electronic Goods as “Hourly Prize”

4.2.1 A total of 780 eligible winners will be chosen through a computerized random process for prizes in this category. A maximum of 12 winners will be selected every day during a period of 55 days starting from 12th November 2013 till 5th January 2014, additionally for 10 days from 8th January 2014 till 17th January 2014 at a rate of maximum One (1) winner every hour of the Participation Timing of Twelve (12) hours

4.2.2 One Participant can win the Tier 2 Prize only once in the Participation Period

4.2.3 Winners will win One (1) product from either of the following products:

• Samsung Galaxy Star Smartphone
• Canon Digicam A2500 Camera
• Jabra Supreme Plus Audio Headset
• Lenevo A1000 Tablet

4.2.4 While Winners of Hourly Prize will be intimated immediately via SMS that they have won, they must qualify as “Confirmed Winners” to redeem and avail the prizes by adhering to terms as listed in clauses 4.2.5, 4.2.6 and 4.2.7 failing which their prizes will be forfeited

4.2.5 All Hourly Prize winners will be called by Agency’s Call Centre to intimate about the Redemption terms including documents requirement. In the event the Winner’s number is busy, unreachable, or he/she does not attend the call in the first attempt, two (2) more attempts will be made to reach the Winner. If the user does not respond to the calls an SMS intimating the users pending Prize will be sent with a number to call back on. If users still does not call back, another Two (2) attempts will be made If even on the last attempt, the Eligible

4.2.6 Winners of the Hourly Prize may be required to provide the following documents and Proof of purchase for the purpose of taxation and legal validation within 7 days from date of intimation by the Call Centre:

(i) Self-attested photocopy of PAN card, valid government approved ID proof like Voters ID card, Aadhar Card, Driving Licence or College ID Card alongwith Birth Certificate
(ii) Self-attested photocopy of a valid, government approved address proof (PSU utility bills –Electricity, Telephone, Gas etc., Bank Statement / Passbook, Driving license, Aadhar Card, Passport, Rent Agreement etc.), failing which their prizes will be forfeited and their Prize will be offered to the next randomly chosen Eligible Winners. The documents provided by the participant will be considered final unless the participant intimates Cadbury and / or the Agency, prior to despatch of the voucher / physical prize about change of address with valid proof of address

4.2.7 Courier & Delivery of Hourly Prize

4.2.7.1 Delivery of consignment will be handled by Edenred India Pvt Ltd “Courier Partner” and winners can contact on 044-43445110 for any assistance or track status.

4.2.7.2 Cadbury / Courier Partner will endeavor to deliver all prizes within 7 days of receiving al requisite details from the Confirmed Winners / Addressee.

4.2.7.3 The prize will be delivered to the address & not the addressee, in the event of the addressee not being present at the time of delivery.

4.2.7.4 Once the prize has been delivered at the address; SMS will be sent to the addressee about delivery of the prize by Courier Partner

4.2.7.5 In case the addressee has received delivery confirmation SMS yet not received the prize, he/she should notify within 3 working days of delivery such confirmation SMS received to the Courier Partner, else the prize will be considered as delivered

4.2.7.6 In case of Damaged products, customer to notify within 3 working days of delivery to the Courier Partner, thereafter no replacement shall be made

4.3 Prize 3: Mobile Games, Ringtones & Recharges as “Tier 3 Prize”

4.3.1 Eligible Winners who do not win either the Weekly Prize or the Tier 2 Prize will be eligible for a Tier 3 Prize, during the Promotion Period

4.3.2 Tier 3 Prize will be sent via SMS with a WAP link and / or relevant codes to download or redeem the prize

4.3.3 Participants can win Movie Vouchers (800,000), Mobile Recharges (450,000), Mobile Games (30,000) playable on select Android & J2ME devices or Ringtones

4.3.4 Winners of Movies voucher will be given a voucher code which will be redeemable on www.hungama.com where the winner can watch ONE movie of his choice from the available movies on the site. Participants can win multiple Movie vouchers during the Participation Period

4.3.4.1 Validity of the Movie Voucher codes will be till 28th February2014 and hence must be used before this date as per above mentioned details

4.3.4.2 Redemption & Validity of the Movie Vouchers are governed by the General Terms & Conditions of partners Hungama.com

4.3.5 Winners of Mobile Recharge category will be given a voucher code to redeem Rs.10/- worth of recharge on www.paytm.com

4.3.5.1 Validity of the Recharge Voucher codes will be till 28th February 2014 and hence must be used before this date as per above mentioned details

4.3.5.2 Cadbury and / or the Agency will not be responsible or liable in-case Recharge is not compatible or the denomination is not available with the user’s Telecom Service Provider / Operator. Redemption & Validity of the Recharge Vouchers are governed by the General Terms & Conditions of partners PayTM.com

4.3.6 Winners under the Mobile Game category will be given a downloadable WAP link , with which the winner can download the game

4.3.6.1 Participant must have a compatible device with mobile internet connection in order to download the Mobile Game. In the event the Mobile Game is not compatible to users device, it is the Participant’s responsibility to ensure redemption via a compatible device

4.3.6.2 Two Mobile Games will be available under this category

4.3.6.3 One Participant can win each of the mobile games only once in the Participation Period

4.3.6.4 Winners under this category will be given 24 hours to retry download from the 1st attempt to download, failing which the prize will be forfeited

4.3.7 Winners under the Ringtones category can select one (1) from a choice of twenty (20) ringtones

4.3.7.1 Winners under the Ringtone category will be given a downloadable WAP link through which the winner can download the ringtone on a compatible mobile device with mobile internet. User also has an option download the Ringtone via website, in case their device does not support the ringtone format

4.3.7.2 Ringtones will be available in mp3 format

4.3.7.3 Winners under this category will be given 2 attempts to download the ringtone successfully, for each Win, failing which the prize will be forfeited

4.3.7.4 Participants can win multiple ringtones, but in the event that all 20 ringtones are already downloaded by the user the participant shall be awarded the same ringtones again

4.3.8 Cadbury and / or the Agency will not be responsible or liable in-case Tier 3 Prize of Mobile Game and Ringtones are not compatible with the user’s mobile device and it is the Participant’s responsibility to ensure redemption via a compatible device

4.3.9 Winners may be charged by their Mobile Service Providers for data charges for browsing and/or downloading the Tier 3 Prize’s, as per their tariff plan


5. Other Terms:

5.1 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 Promotion 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

5.2 In case of any dispute or difference in respect of or in connection with the Promotion and/or the prizes herein, the decision of Cadbury, its Agency or CA shall be final and binding on all concerned

5.3 If a Participant is dissatisfied with the Promotion or the Promotion terms and/or any content or any requirements of the Promotion, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Promotion

5.4 By participating in the Promotion, Participants agree to receive details, information and or instructions regarding the Promotion, on his/her mobile, through SMS or voice calls, during the tenure of the Promotion and subsequent two months. Participants, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”) agree not to make any claim or raise any complaint whatsoever against Cadbury and / or the Agency in this respect

5.5 Unless otherwise indicated, Cadbury shall deem any information voluntarily supplied during the course of the scheme and /or personal information provided by the participants as non-confidential, which hereby discharges all obligations of confidentiality. Cadbury shall be free to reproduce, use, disclose and distribute the information to Agency and/or CA without limitation

5.6 Cadbury and / or the Agency shall keep a record of the mobile numbers through which the Participants send their entries

5.7 Cadbury and/or its Agency shall not be liable for loss of Data due to tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, software failure, hardware failure or otherwise. Cadbury and or Agency shall not liable for any consequences resultant of such data loss


6. Additional Terms in-case the Winner is a Minor

6.1 In the event that the Winner is a Minor, then either of the Parent / Guardian will have to represent the Minor & has to comply with all the Terms & Conditions of the Promotion

6.2 Additionally, the Parent / Guardian will have to submit the required documents mentioned in point -4.1 & 4.2 of the Terms & Conditions to become a Confirmed Winner of Weekly Prize & Hourly Prize along with the Birth certificate of the Minor or any other document issued by the local municipal authority or the state that states the relationship of Parent / Guardian with the Minor

6.3 In-case a Minor has won the Weekly Prize to Bermuda; he/she will have to be accompanied only by the Parent / Guardian for the trip.

6.4 Both the Parent / Guardian & the Minor will be considered as Participant to the Promotion

6.5 The Parent / Guardian agrees to indemnify Cadbury and / or the Agency as mentioned under point 7 (Indemnification & Limitation of Liability) of the Terms & Conditions.


7. Indemnification & Limitation of Liability

7.1 Cadbury and / or the Agency shall not be liable for any loss or damage, direct or indirect, due to any reason whatsoever including due to Acts of God, Governmental actions and other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss

7.2 By entering the Promotion the Participant hereby releases from and agrees to indemnify Cadbury, and/ or any of its respective officers/employees, against all liabilities, costs, losses, actions, suits, claims or expenses arising out of acceptance /usage of the prize or participation in the Promotion 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

7.3 Failure by Cadbury and / or the Agency to enforce any of these Terms in any instance(s) shall not give rise to any claim by any person

7.4 In consideration of Cadbury allowing the Participant/s to take part in the Promotion, 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 Cadbury, 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 Promotion or related to the Promotion or the prize of the Promotion


8. Dispute Resolution

8.1 Any dispute arising out of or in relation to the Promotion shall be subject to the exclusive jurisdiction of competent court/s at Mumbai

8.2 The Promotion shall be governed by and construed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the Promotion and, or, pertaining to the rules and regulations and, or, the Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Mumbai.

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