Terms & Conditions

By participating in the Offer, participants fully and unconditionally agree to accept these terms and conditions, available on the website (www.chupachups.in), so please read these terms and conditions carefully. If you do not understand any of these Terms and Conditions, you can write to us at chupachups@bigcity.in we will be happy to clarify them for you.

These terms and conditions apply to “Chupa Chups SMS and Win Promotion Offer" for consumers, sponsored and launched by Perfetti Van Melle India Private Limited (hereinafter referred to as “PVMI”) having its registered office at 47th Milestone Delhi – Jaipur Highway, Manesar 122050, Gurgaon (Haryana) and corporate office at 1st Floor, Tower A, Global Business Park, MG Road, Gurgaon – 122002 (Haryana) and conducted by Premier Sales Promotions Private Limited having its registered office at Mitra Towers, 4th Floor, Kasturba Road, Bangalore 560 001 (hereinafter referred to “Agency”).

DEFINITIONS

i. ‘Customer’ shall mean and include all the eligible persons who have purchased a Chupa Chups promotional offer pack.

ii. ‘Eligible Persons’ shall mean and include all the persons residents of India, however, those who are employees/ agents/ associates/ of Perfetti Van Melle India Private Limited or of its affiliates/ subsidiaries/ advertising agencies are not ‘Eligible Persons”.

iii. ‘gaana.com code(s)’ shall mean a code which can be redeemed by the participant on gaana.com to avail a “Free 6-month Gaana Plus subscription”

iv. ‘Offer’ shall mean the; Chupa Chups SMS and Win Promotion Offer;

v. ‘Offer period’ is the period commencing from 9:00 a.m. on 01 February 2021 till 9:00 p.m. on 31 March 2021

vi. ‘Offer Time’is the period of a day between 9:00 am and 9:00 pm during the Offer period.

vii. ‘Participant’ shall mean each eligible person who participates in the offer in the manner explained herein.

viii. ‘Participation Code’ or ‘batch code’ is a 4-digit alphanumeric code printed on the promotion/offer pack(s).

ix. “Promotion/offer pack(s)”shall mean and include the below product(s) & pack(s) of Chupa Chups

  • a. Chupa Chups Sour Belts at Rs. 5/-
  • b. Chupa Chups Sour Bites at Rs. 10/-
  • c. Chupa Chups Sour Tubes Mini at Rs. 10 /-
  • d. Chupa Chups Sour Belts at Rs. 30/-
  • e. Chupa Chups Sour Bites at Rs. 30/-
  • f. Chupa Chups Sour Tubes Mini at Rs. 30/-

x. ‘Reward’ shall mean the ‘Free 6 Month Gaana Plus Subscription’

OFFER OVERVIEW AND CONCEPTS

i. These terms and conditions apply to the Offer sponsored and launched by PVMI and conducted by the its Agency wherein consumers can participate by sending an SMS of the four (4) digit alpha numeric batch code printed on the Promotional Pack to 7026655555. Participants will get a revert SMS with their confirmation of participation along with the Free 6 months Gaana Plus subscription code. This Free 6 months Gaana Plus subscription code can be redeemed on Gaana Music app for Free 6 months Gaana Plus subscription.

ii. Products under the same brand which are not applicable for the offer will also be available in the market. Further certain stock of the Promotional Pack containing the Offer may continue to be available even after the Offer Period, however, participants understand and agree that they will not be permitted to participate in the offer prior to and/or after the expiration of the Offer Period and agree not to raise any claim or complaint against PVMI and/or the Agency.

iii. This Offer is valid throughout India and is open to Indian Citizens Only

iv. This Offer is valid in India during the Offer Period. Entries received before or after the Offer Period shall be ineligible for participation in the Offer.

v. During the Offer Period, all participants will be awarded a single 6 month ganna Plus subscription as an reward for their participation in the Offer basing the terms and conditions mentioned herein.

vi. The Participants can participate in the Offer any time during the Offer Period.

vii. Time of participation will be defined as the time at which the entry is received through the SMS mode of participation at the computer of PVMI &/or its agencies. Date of participation is defined as the date at which the entry is received through the SMS mode of participation at the computer of PVMI &/or its agencies

viii. Consumers participating or seeking to participate in Offer shall individually be referred to as "Participant" and collectively as "Participants".

ix. All Intellectual Property Rights including but not limited to trademark, copy rights, designs etc. used herein are the property of their respective owners.

x. This offer is subject to all applicable central, state and local laws and regulations;

xi. Regular call and message charges of will apply as per the consumers telecom operator in their respective location

xii. Gamma Gaana Limited (gaana.com) shall be the sole owner of the trademarks, logos and all other intellectual and other proprietary rights in the “Gaana” name, design, image, visual representation, service mark, trademarks and logos owned, used or acquired by Gaana (“Gaana Trademarks”).

ELIGIBILITY

i. This Offer will be open to all Eligible Persons resident in India with the exception of employees, their immediate family members, agents, distributors, retailers and any other channel partner of PVMI and Agency.

ii. People below 18 years shall be allowed to participate in the Offer with the consent of their parents or guardians providing the necessary information on behalf of the minor. In such a case, the parent (s) or legal guardian of the minor may redeem the reward at his / her own cost and shall execute the documents as required.

iii. PVMI and/or the Agency will not be responsible for any NDNC (National Do Not Call) Registry regulation that will come into play. All Participants who participate will agree as per the terms and conditions that even if they are registered under NDNC, DND (Do Not Disturb), PVMI and/or the Agency will have all the authority to call the recipients of reward as the case may be, by virtue of them having voluntarily participated in the Offer.

HOW TO PARTICIPATE?

i. Eligible Persons after purchasing the promotional pack(s) may participate in the Offer during the Offer Period by SMSing the four digit batch code printed on the Promotional pack to 7026655555 .

ii. An Eligible Person must send an SMS containing the batch code printed on the promotional pack(s) to 7026655555 from a sim-card issued by a telecommunications network in India;

iii. After sending the SMS, the Premier Sales Promotions Private Limited will validate the code and the Participant will get participation confirmatory SMS along with the Free 6 months Gaana Plus subscription code. This Free 6 months Gaana Plus subscription code can be redeemed on gaana.com or Gaana Music Website/Mobile App to avail assured Free 6 months Gaana Plus Classification: Internal subscription. However, the customer will be required to enter their payment details to claim their Free 6 months Gaana Plus subscription

iv. An eligible person can redeem the ‘gaana.com code’ on Gamma Gaana Limited (gaana.com) Website/Mobile App to avail an assured “Free 6-month Gaana plus subscription” within one months of conclusion of the Offer Period.

v. PVMI and the Agency shall not be responsible for (including but not limited to):

  • a. For any SPAM generated messages
  • b. For the Operator Code not being displayed on the user's mobile phones
  • c. For any SMS message delivery failures
  • d. 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
  • e. 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
  • f. Other conditions beyond its reasonable control

vi. When an SMS (containing the correct batch code) is received by the Agency on 7026655555 during the offer period:

  • g. For all such valid participation, Agency will send an SMS to the said eligible person confirming their participation along with the Free Six month Gaana Plus Subscription Code..
  • h. When an SMS (containing an incorrect batch code) received by the Agency on 7026655555 during the offer period in such a case, Agency will send an SMS to the said eligible person communicating that an incorrect batch code has been used.

vii. For all SMS received by the Agency, 1 month before and 1 month after the offer period in such a case, Agency will send an SMS to the said eligible person communicating the offer period.

Reward RECIPIENT, Reward

i. During the Offer Period, all participants who have who have SMSed a correct batch code on 7026655555 will given a single "6-month Gaana Plus subscription code" as an reward for participating in the Offer basis the terms and conditions.

ii. Not more than One reward shall be rewarded against entries received from a single mobile number during the Offer Period. One unique phone number can avail a maximum benefit of one ‘Free 6 Month Gaana Plus Subscription’ during the offer period irrespective of number of purchases made or SMS’s made to participate in the offer.

iii. Reward will not be awarded to any Participants before the Offer Period or after the Offer Period.

iv. Reward will be given subject to the participant satisfying the verification and authentication process of Agency. One participant will get a maximum of one reward during the Offer Period. Uniqueness of the reward recipient will be basis Unique Mobile Number.

v. The Reward cannot be transferred, exchanged or redeemed for cash. In the event that the participant does not take the reward in the time and manner stipulated, then the reward will be forfeited and cash will not be awarded in lieu of the reward. Reward must be taken as offered and cannot be varied.

vi. Any unused Reward is not-transferable, non-refundable and non- redeemable for other goods or services and cannot be taken in exchange for cash.

vii. PVMI shall provide the reward on an "as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and PVMI 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 liability and service liabilities) for deficiency and/ or defect of any product/service and/or the reward or for any kind of consequential damages/ loss, in any manner whatsoever. If any Participant has any grievance with respect to the reward, he/she may directly contact the service provider.

viii. The image of the reward depicted on the press ads/posters/TVC's/pack shots etc. are for illustrative purposes only and the actual reward may vary from the depiction made.

xi. PVMI or its Agencies shall not be liable for any loss or damage of the reward due to Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever for such losses.

x. Any participant of the offer who receives one reward during the Offer Period shall not be eligible to win any more reward.

xi. No Reward will be awarded if the information presented by the Participant(s) at the time of entering the offer is not factually correct.

xii. All additional taxes such as gift tax or any other government taxes as applicable for the gifts extended to the Participants must be borne and paid by the Reward Recipient;

xiii. It is understood that the Participant shall also be bound by Gamma Gaana Limited (gaana.com) terms and conditions and policies listed on the Gamma Gaana Limited (gaana.com) Website/Mobile App.

PUBLICITY

i. By participating into the Offer and accepting the Reward, the Participant (s) consents to PVMI’s right to audiograph, videograph, picture, publication of his/her name, tape or portray him/her as a reward recipient and to exhibit this material in any and all media now existing or hereinafter created, including (without limitation) television, film, radio and print media without any compensation whatsoever for such advertising and publicity during the term of this Agreement, except where prohibited by law. The reward recipient also consents to PVMI’s unconditional right to use his/her name, voice or picture or the contents of his/her Offer for advertisement of PVMI brands.

ii. The reward recipient must, at the request of PVMI, participate in all promotional/offer activity (such as publicity and photography) surrounding the winning of the reward, free of charge, and they consent to PVMI using their name and image in promotional material.

GENERAL CONDITIONS

i. Each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. Participation in the promotion/offer is purely voluntary and the same shall be construed as an acceptance of the terms and conditions stipulated herein;

ii. To participate in the promotion/offer regular call and message rates shall apply.

iii. By taking part or entering into this Offer, the participant warrants that all Personal Data provided by him regarding his name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.

iv. The decision of PVMI or its Agency, as regards the receipt of reward and distribution of the reward shall be final, subject only to PVMI 's approval. No correspondence or any other claims whatsoever, in this regard will be entertained. PVMI reserves the right to exclude any person from the promotion offer on grounds of misconduct or criminal record.

v. In case of any dispute in connection with the Offer, the process in connection with the offer, reward etc. PVMI’s decision will be final and binding.

vi. No queries, claims, dispute, complaints or grievances shall be entertained by PVMI and/or Agency after [30] days from the date of the closure of the Offer. Complaints and queries by Participants who have not received their Reward shall not be entertained more than 30 days after they receive an SMS as contemplated in these terms and conditions.

vii. The Reward cannot be exchanged, and are not transferable and cannot be converted into cash.

viii. All and any incidental costs direct and/or indirect, in relation to claiming the reward, shall be borne by the reward recipient. PVMI and/or its Agency shall not be responsible or liable for the same in any manner whatsoever.

ix. The Reward shall be provided without any warranty or guarantee concerning the quality, suitability or comfort. PVMI and Agency shall not be responsible for or liable (including but not limited to the product warranty and service liabilities) for deficiency and/ or defect of any product/service or for any kind of consequential damages/ loss, in any manner whatsoever. If any participant has any grievance with respect to the reward, he/she may directly contact the service provider.

x. PVMI reserves the right to terminate, modify or extend the promotion/offer, at any time at its absolute discretion, without assigning any reason. PVMI reserves the right to defer, alter this promotion/offer, 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. In such event the changed terms and conditions or notice of termination, as the case may be will be available at www.chupachups.in. Any decision of PVMI in this regard and in general with respect to this Offer and the terms and conditions thereto shall be final, binding and non-negotiable.

xi. PVMI or its Agency shall not be accountable/liable for any disruptions/stoppages/interruptions, failure to copmlay with it obligations mentioned hereinor cancellation of the Offer caused due to any government restrictions or as a result of circumstances beyond its/their control in the nature of fire, explosions, natural calamities, state emergency, riots, or epidemic, pandemic, strike, war, riot, online hacking, lock down or prohibitions imposed by the central, state or local government or any other Force Majeure condition, etc., and shall not be liable to compensate the participant in these circumstances.

xii. PVMI or the Agency accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, loss of SMS, loss of internet connectivity, documents, 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.

xiii. Agency is not responsible for Non-Delivery or receipt of an SMS by their servers or on the end users device due to customer handset issues, network issues or due to any issues at cellular operator’s end. By participating in this programme the customer will not hold Agency or PVMI responsible for the same.

xiv. Participants stand forewarned that they may receive SMSs and/or calls regarding this offer, even on numbers registered with the National Do Not Call registry. Persons who do not wish to receive such SMSs and calls are advised not to participate in this Offer.

xv. Neither the PVMI nor the Agency shall entertain any grievances or queries regarding the Offer after 30 April 2021. Complaints and queries by Participant who have not received their Reward shall not be entertained more than 30 days after they receive an SMS as contemplated in these Terms and Conditions.

xvi. During the period 01 February 2021 to 30 April 2021, the ‘gaana.com code’ or for redemption of ‘Free 6-month Gaana plus subscription’ is subject to the terms and conditions determined by Gamma Gaana Limited (gaana.com) which may be modified, or cancelled, by Gamma Gaana Limited (gaana.com) at any time.. Participants must inform themselves of those terms and conditions. Neither the PVMI nor the Agency makes any representation or warranty as to the terms and conditions for use of the gaana.com codes or ‘Free 6-month Gaana plus subscription’. However, participants are advised that all gaana.com code must be redeemed on or before 30 April 2021.

xvii. After 30 April 2021, the ‘gaana.com code’ for redemption of ‘Free 6- month Gaana plus subscription’ is subject to the terms and conditions determined by gaana.com, which may be modified, or cancelled, by gaana.com at any time.

xvii. Participants stand forewarned that they may receive SMSs and/or calls regarding this offer, even on numbers registered with the National Do Not Call registry. Persons who do not wish to receive such SMSs and calls are advised not to participate in this Offer.

xviii. By entering this promotion/offer the participant hereby releases from and agrees to indemnify PVMI, and/ or any of its respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the reward or participation in the promotion/offer 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 of the Participant.

xix. PVMI and the Agency accept no liability, for any errors or omissions, in relation to the reward.

xx. The reward recipient consent to PVMI using their name and image in promotion/offer material during the Offer Period and 6 months after the expiry of the Offer Period.

xxi. The courts of competent jurisdiction at Gurugram, shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with this promotion/offer.

xxii. In compliance with the personal data protection Laws, PVMI Informs the Participants that the Personal Data provided to participate in this contest will be collected and processed under the control of PVMI/Agency solely for the purpose of the operating this Offer, including the management of the Participant’s participation. Consequesntly, the processing of Participant Personal Data is based on Participant’s will to participate in the Offer.

xxiii. The Personal Data processed will be kept as long as the Offer is in force and after the Offer period only for the purpose of publication purpose referred herein above and/or as long as it necessary to comply with any legal regulation that may impose upon PVMI, the obligation to keep the data for a longer period.

xxiv. PVMI informs the Participant, and the Participant accepts and acknowledges, that PVMI may outsource to third parties part of the services related to the management of the Offer with the purpose to obtaining logistic and/or administrative support (for instance, companies that carry out the service of management of the Offer, companies rendering technological services like hosting of the PVMI’s Website or social media channels). All these companies are acting as processors or authorized recipients and can have access to and/or process the Participant’s personal data only as far as it is necessary to comply with the purposes of this Offer.

xxv. PVMI hereby informs the Participant that they shall have right to request access to and rectification or erasure of their Personal Data, or restriction or objection to processing, as well as the right to data portability or to withdraw the consent given by addressing to PVMI by sending an email to pvmdpo@it.pvmgrp.com to the attention of the Data Protection Officer.

xxvi. The Participants have the right to lodge a complaint with a Supervisory Authority.

xxvii. PVMI reserve the right to verify the truthfulness of the personal data provided by the Participant at any time.

xxviii. The participant expressly confirms that he/she has read the Terms & Conditions of the program.

xxix. In case of queries, please email to chupachups@bigcity.in or Call at 8040554805. Lines open from Monday to Friday between 10:30 AM to 5:30 PM. Lines will be closed on public and bank holidays. Standard calling rates apply.

xxx. Nothing contained herein amounts to a commitment or representation by PVMI to conduct further Offers.

xxxi. It is expressly understood and agreed by the Participant, that PVMI is not the manufacturer &/or service-provider of the reward and shall not be responsible for any product liability claim in relation to the rewards.

xxxii. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between any Participant and PVMI and the Participant shall not have the authority to bind PVMI in any manner whatsoever.

xxxiii. 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 PVMI or its Agency.

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

xxxv. The operational part of the scheme like redemption of “6-month Gaana Plus subscription” shall be managed by the respective vendors (i.e. www.gaana.com). However, product will be distributed through PVMI Distributor/dealer/Agency.

xxxvi. The Offer is subject to all applicable central, state and local laws and regulations and shall not be available where prohibited by law.

xxxvii. All IPR rights including trademark, copy right and designs used are the property of their respective owners.