T&C

Terms and Conditions for Nestlé EveryDay Program

Name of the Program / Program: Nestlé EveryDay Program

Program Details, Concept and Participation

These terms and conditions apply to the “Nestlé EveryDay Program ” (hereinafter referred to as “Program") for consumers purchasing the 400g and 1kg pack of Nestlé EveryDay Dairy whitener that carries the communication regarding this Program (hereinafter referred to as “Program Product") sponsored by Nestlé India Limited and conducted & managed by Premier Sales Promotions Private Limited (hereinafter referred to as “Organizer”) wherein consumers can avail up to 3 GB free data on purchase of 400g pack of Nestlé EveryDay Dairy whitener and minimum 5 GB free data on purchase of 1 kg pack of Nestlé EveryDay Dairy whitener, by complying with the following terms and conditions:

• The consumer needs to find the unique 9 digit alphanumeric code inside the Program Product to send an SMS. The consumer has to send an SMS with EVD <space> Unique code <space> network provider <space> pre/post to 8722487224 to avail up to 3 GB free data with 400g pack of Nestlé EveryDay Dairy whitener or minimum 5 GB free data on 1 kg pack of Nestlé EveryDay Dairy whitener.

• Consumers participating or seeking to participate in the program shall individually be referred to as "Participant" and collectively as "Participants”.

• Participation in this Program is purely voluntary and optional. This program is not valid in conjunction with any other Program. Products also available without this Program. By participating in this Program, each participant is deemed to have accepted these terms and conditions. This Program is only valid in the state of Tripura region.

• This Program is being conducted by the Organizer and sponsored by Nestle India Limited during the Program Period defined hereinafter.

• A Consumer who sends the unique code mentioned inside the Program Product, between 01.07.2022 to 30.09.2022 (hereinafter referred to as the “Program Period”), will get up to 3 GB free data with 400g pack of Nestlé EveryDay Dairy whitener or minimum 5 GB free data on 1 kg pack of Nestlé EveryDay Dairy whitener. Pre-paid customer will receive the data plan as per their network provider within 2-3 working days. Post-paid customer will receive the plan as per their network provider and for detailed information, please reach out to our helpdesk at 08040554825. Lines open from Mon to Sat 10.30 AM to 5.30 PM. Sun between 10.30 AM to 2.30 PM. Lines will be closed on public and blank holidays.

• How to Redeem

o Find 9 digit unique code inside Nestlé EveryDay Dairy Whitener Program pack.

o To register, SMS EVD <space> Unique code <space> network provider <space> pre/post to 8722487224. Valid entry will get up to 3 GB free data with 400g pack of Nestlé EveryDay Dairy whitener or minimum 5 GB free data on 1 kg pack of Nestlé EveryDay Dairy whitener. NOTE: A maximum of 1 valid unique code can be sent by 1 user via SMS, from their mobile number, per week during the program/promotion period.

This Program is valid only in the state of Tripura only. The Program is valid for the citizens of Tripura (except the employees and family members of the Organizer and Nestle India Limited, their associate companies, their joint venture partners, its co-packers, their distributors, their agents, their advertising and Program agencies and their auditors.)

A maximum of 1 valid unique code can be sent by 1 user via SMS, from their mobile number, per week during the program/promotion period

In case of any conflict between terms and conditions printed on the pack/ and these Terms and Conditions on https://freedata.bigcityexperience.com/ website, the terms and conditions provided/furnished on https://freedata.bigcityexperience.com/ website, shall prevail.

Nestle India Limited will not be liable for any delay in actual redemption under this Program reflecting in the customers’ account.

Organizer and Nestle India Limited will not be responsible for any loss or damage to the Code due to wrong opening of the pack.

Nestlé India Ltd does not endorse the quality of any of the products or services being Programed by the Organizer. Any complaints or queries pertaining to the same would have to be taken up directly with the Organizer for the support on the product or service. In case of any query, please write to feedback@bigcity.in or call on 08040554825. Concierge Lines are open only from Monday to Saturday between 10:30 am to 5:30 pm and on Sunday between 10:30 am to 2:30 pm. Lines are closed on public and bank holidays.

At any time, the Organizer and/or Nestle India Limited reserves the right to update and/or amend all or any of these terms without further notice.

Nestle India Limited and/or Organizer reserves the right to cancel, change or substitute Program at any time without any prior notice.

The Participant/s undertake and irrevocably and unconditionally permit Nestle India Limited and/or the Organizers to cover the Program through various media including newspapers, radio television news channels, internet, point of sale materials, etc., and shall not raise any objection, protest or demur to such coverage or in this regard.

The winners must, at the request of Nestle India Limited and/or the Organizers participate in all Program related activities (such as publicity and photography) surrounding the winning of the Prizes, free of charge, and they consent to the Organizers using their name and image in the Program material.

All rights, title and interest, including but not limited to the Intellectual Property Rights, in the Program material(s) and in any and all responses received shall vest with Nestle India Limited and or its partners respectively. Nestle India Limited or any person or entity permitted by Nestle India Limited in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future Program, marketing, publicity and any other purpose, without any permission and or payment to the Participant.

All material submitted in connection with the Program (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to Nestle India Limited upon submission and become the property of Nestle India Limited exclusively. Nestle India Limited may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Nestle India Limited.

By participating in the Program, Participant(s) confirms to waive the applicability of rules and regulations of the National Do Not Call Registry (hereinafter referred to as “DND”) and agree and give their consent to be contacted by Nestle India Limited and/or the Organizers for the purposes of this Program In case the customer finds a Program Product pack without code and files a complaint for the same or approaches the company with this complaint. In that case Nestle India Limited and/or the Organizers liability would be limited to providing the complainant with a new Code to enable him to participate in the Program as per this Terms and Conditions. The Participant cannot demand any monetary or other compensation for the same.

Organizer/ Nestle India Limited accept no responsibility for any tax implications that may arise from the Program. Participants will have to bear incidental costs, if any, that may arise for redemption of the assured reward.

Nestle India Limited and/or Organizers shall not be responsible for any loss, injury or any other liability arising out of the Program or due to participation by any person in the Program.

Nestle India Limited and/or Organizers shall not be responsible for downtime on the services, caused due to technicalities (like failure of hardware equipment, configuration issue, network congestion), or due to decisions/changes in regulations that are carried out by TRAI, RBI, DoT or any other regulatory body.

Participant agrees that use of this Program is at his/her sole risk. Nestle India Limited and/or the Organizer, their affiliates, and their officers, directors, employees, and agents disclaim all warranties, express or implied, including without limitation any warranty of merchantability, availability, and fitness for a particular purpose or non-infringement.

The Organizers and /or Nestle India Limited shall not be liable to perform any of its/their respective obligations under the Program or in respect of the Data Pack where it is unable to do so as a result of circumstances beyond its/their control in the nature of fire, explosions, natural calamities, state emergency, riots, or any other force majeure condition, etc., and shall not be liable to compensate the Participant in these circumstances. The Organizers and/or Nestle India Limited shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Program due to any government restrictions.

Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of the Organizers and Nestle India Limited.

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

The Organizers and Nestle India Limited shall under no circumstances be liable, whether jointly or severally, for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of participation in the Program.

By entering the Program, the Participant hereby releases from and agrees to indemnify the Organizers and Nestle from and against all liability, cost, loss or expense arising out of participation in the Program including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.

The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Program by conducting an illegal act. Participant also undertakes to indemnify Nestle India Limited/the Organizers and/or 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 the Organizers and/or Nestle India Limited on account of such act on the part of the Participant.

In consideration of the Organizers and Nestle India Limited allowing the Participant/s to take part in the Program, to the maximum extent permitted by law, the Participant/s waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against the Organizers and/or Nestle India Limited, their respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Program.

The terms and condition of this Program shall be governed by Indian Laws. The Courts at Delhi shall have the exclusive jurisdiction in respect of all the subject matter with relation to the Program.

Any costs associated with entering the Program, including but not limited to accessing the Program website, SMS charges to enter into the Program, Call Charges, or Data Charges are the responsibility of each Participant. The Participant may be charged by their respective telecom operator as per their nominated tariff plan.

The participant confirms that he/ she has gone through Nestlé’s Privacy Policy – www.nestle.in/info/privacypolicy and that he/ she has no objection in collection or processing of their data according to the manner carved out in the privacy policy.

Participants’ personal data as collected by NESTLÉ India’s associates/partners or affiliates shall pass your personal data to NESTLÉ India. Your personal data shall be administered and treated NESTLÉ India’s privacy and data collection guidelines. Such data collected and retained may be used by NESTLÉ India and or its related associates/partners/ affiliates for marketing, internal study, and data analysis purposes.

NESTLÉ India encourages you to read the privacy notice of any such company before sharing personal data. If you do not want your personal data to be collected by or shared with a company other than NESTLÉ India, you can always choose not to participate in such activity. If you do opt-in to communications from such a company, remember that you always have the right to opt-out and you would need to contact that company directly to do so

If you have any questions or comments regarding this Privacy Notice or Nestlé’s personal data collection practices, please contact us by sending an email Generic.INDataPrivacy01@IN.Nestlé.com

NESTLÉ INDIA LTD. and the Agency shall not be responsible for (including but not limited to):

· For any SPAM generated messages

· For the Operator Code not being displayed on the user's mobile phones

· For any SMS message delivery failures

· Any lost, late or misdirected computer transmission or network, electronic failures or any kind of any failure to receive entries owing to transmission failures or due to any technical reason

· If the participant has registered himself to the DND of the telecom provider/ the participant has registered with National Do Not Call Registry/ Participant has specifically requested for not receiving messages for the specific campaign

· Other conditions beyond its reasonable control

NESTLÉ India/Agency shall not be liable for any failure to comply with its obligations mentioned herein, caused by weather conditions, fire, flood, hurricane, strike, war, riots, political unrest, civil commotion, terrorist attacks, or any other event amounting to Force Majeure and beyond their control.

The participant will be governed by the privacy policy of their respective network provider

The Program is not available (void) where prohibited by any law. All relevant national and local laws apply. All disputes to be settled within the jurisdiction of the Courts in Delhi only.

Mere participation in the Program does not entitle the participant to the assured reward(s) unless all other terms and conditions are fully met. Failure to comply with any of the terms and conditions hereof or any fraudulent conduct shall disentitle the participant

Additional Terms & Conditions for 3 GB Data Top up

1. This Program entitles the end user to free data up-to 3 GB on selected network providers.

2. This program is valid for mobile numbers registered in India only.

3. This voucher has no monetary value, is non-transferable and cannot be used in conjunction with any other promotional o?er or for any Value-added product or service apart from recharge.

4. The data o?er is applicable for prepaid subscribers on all major GSM/CDMA cellular networks in select circles. Postpaid customers can reach out to our helpdesk at 08040554825 to process their reward. Lines open from Mon to Sat 10.30 AM to 5.30 PM. Sun between 10.30 AM to 2.30 PM. Lines will be closed on public and blank holidays.

5. To participate in this promotion, regular message rates apply.

6. To use this program, Standard fair usage policy and usage norms set by the respective telecom operator apply.

7. The user is solely responsible for the selection of the mobile operator.

8. This program is subject to promotional availability and changes in government policies. Premier Sales Promotions Pvt Ltd doesn’t guarantee and not responsible for the quality of service as it’s provided by the telecom service provider.

9. Premier Sales Promotions Pvt Ltd or Nestle India is not responsible for any delay, cancellation, or changes in the pricing of data plan from the mobile operator’s end.

10. The Data plan availed by the customer is subject to the terms and conditions administered by the telecom service provider. These terms vary within regions, state, telecom circles. The validity, expiry, value, and usage of data is therefore governed by the terms as per the telecom service provider. The customer is therefore requested to check these terms prior to redemption or selection.

11. The Program is subject to the guidelines/directions issued by the Telecom Regulatory Authority of India, Department of Telecommunications, and any governmental or statutory authority as may be applicable from time to time.

12. Premier Sales Promotions cannot be held responsible for changes in telecom plans, availability of data connection type (i.e., 3G/4G) or changes in recharge/data denomination by operators or government agencies. In the event that a particular recharge/data denomination has been discontinued by the telecom provider, the customer will be required to nominate an alternate mobile number of a di?erent network service provider on which the o?er plan (i.e., 3G/4G 3 GB Data top up) is available to Premier Sales Promotions Pvt Ltd. Premier Sales Promotions Pvt Ltd would process the o?er on the customers nominated mobile number. This would complete our promotional obligations to you.

13. While it will be Premier Sales Promotions Pvt Ltd’s endeavor to provide 4G 3GB Data Top Up to the end user who participate in this promotion – in case of unavailability due to restrictions at the telecom operator end – Premier Sales Promotions Pvt Ltd may provide 2G or 3G alternatives to the end user – which will complete Premier Sales Promotions Pvt Ltd promotional obligations as part of this program. In case of non-availability, discontinuation of the data top-up plan by the telecom partner, Premier Sales Promotions Pvt Ltd shall provide an alternate reward which will complete Premier Sales Promotions Pvt Ltd promotional obligations as part of this promotion.

14. This 3GB promotion is only available for prepaid customers of selected telecom service providers. Postpaid customers can reach out to our helpdesk at 08040554825 to process their reward. Lines open from Mon to Sat 10.30 AM to 5.30 PM. Sun between 10.30 AM to 2.30 PM. Lines will be closed on public and blank holidays.

Terms & Conditions for minimum 5 GB Data Top up

1. This Program entitles the end user to free data of minimum 5 GB on selected network providers.

2. This Program is valid for mobile numbers registered in India only.

3. This voucher has no monetary value, is non-transferable and cannot be used in conjunction with any other promotional o?er or for any Value-added product or service apart from recharge.

4. This Program is applicable for prepaid subscribers on all major GSM/CDMA cellular networks in select circles. Postpaid customers can reach out to our helpdesk at 08040554825 to process their reward. Lines open from Mon to Sat 10.30 AM to 5.30 PM. Sun between 10.30 AM to 2.30 PM. Lines will be closed on public and blank holidays.

5. To participate in this Program, regular message rates apply.

6. To participate in this Program, Standard fair usage policy and usage norms set by the respective telecom operator apply.

7. The user is solely responsible for the selection of the mobile operator.

9. Premier Sales Promotions Pvt Ltd or Nestle India is not responsible for any delay, cancellation, or changes in the pricing of data plan from the mobile operator’s end.

12. Premier Sales Promotions cannot be held responsible for changes in telecom plans, availability of data connection type (i.e. 3G/4G) or changes in recharge/data denomination by operators or government agencies. In the event that a particular recharge/data denomination has been discontinued by the telecom provider, the customer will be required to nominate an alternate mobile number of a di?erent network service provider on which the o?er plan (i.e. minimum 3G/4G 5 GB Data top up) is available to Premier Sales Promotions Pvt Ltd. Premier Sales Promotions Pvt Ltd would process the o?er on the customers nominated mobile number. This would complete our promotional obligations to you.

13. While it will be Premier Sales Promotions Pvt Ltd.’s endeavor to provide minimum 4G 5 GB Data Top Up to the end user who participate in this promotion – in case of unavailability due to restrictions at the telecom operator end – Premier Sales Promotions Pvt Ltd may provide 2G or 3G alternatives to the end user – which will complete Premier Sales Promotions Pvt Ltd promotional obligations as part of this program. In case of non-availability, discontinuation of the data top up plan by the telecom partner, Premier Sales Promotions Pvt Ltd shall provide an alternate reward which will complete Premier Sales Promotions Pvt Ltd promotional obligations as part of this promotion.

14. This minimum 5 GB promotion is only available for prepaid customers of selected telecom service providers. Postpaid customers can reach out to our helpdesk at 08040554825 to process their reward. Lines open from Mon to Sat 10.30 AM to 5.30 PM. Sun between 10.30 AM to 2.30 PM. Lines will be closed on public and blank holidays.