Terms & Conditions:

  1. Promotion Details, Concept and Participation:
  2. (i) These terms and conditions apply to the "MYTALKTIMEBREAK programme (hereinafter referred to as " Promotion") for consumers sponsored and launched by Nestle India Ltd. and conducted by Premier Sales Promotions (Partner Agency) wherein consumers can participate by sending an SMS of the 8 digit alphanumeric code printed inside the wrappers of KITKAT (KITKAT 3 Finger, KITKAT 4 Finger) hereinafter referred to as the “Unique Code”.

    (ii) The Promotion is valid only in India from 15/02/2017 to 10/04/2017 (herein after referred as "Promotion Period"). The Promotion is valid throughout India (except State of Tamil Nadu).

    (iii) During the Promotion Period Rs. 100 Talktime Recharges on prepaid mobile numbers or an equivalent credit to the postpaid mobile numbers of the winners shall be awarded who will be selected for every minute in a day and likewise Rs. 1000 Talktime Recharges or an equivalent credit to the postpaid mobile numbers will be awarded to winners who will be selected for every hour of the day. Each winner shall be eligible subject to the conditions duly fulfilled by the shortlisted winner.

    (iv) During the Promotion Period, 39,600 winners will be selected for a Rs. 100 talktime recharge and 660 winners will be selected for a Rs. 1000 talktime recharge during the Promotion Period of 55 days.

    (v) The promotion period starts from 15th February, 2017 and valid till 10th April, 2017. If the Customer has bought a pack before 15th February, then Customer will not be eligible for participation in the Promotion until the start of Promotion Period (15th February 2017) till the end of Promotion Period (10th April 2017). All participation prior to the start date and after the end date of the Promotion will be considered as ineligible.

    (vi) All IPR rights including trademark, copy rights and designs used are the property of their respective owners.

    (vii) The Promotion is subject to all applicable central, state and local laws and regulations.

    (viii) Consumers participating or seeking to participate in the Promotion shall individually be referred to as "Participant" and collectively as "Participants". Promotion valid on all mobile operators except MTNL & BSNL

  3. Agreement to Terms and Conditions:
  4. (i) By participating in this Promotion, Participants fully and unconditionally agree to and accept these Terms and Conditions available on www.mytalktimebreak.com("Promotion Website") as well as the decisions of Nestle India Ltd., which are final and binding in all matters related to the Promotion. Successfully entering the Promotion and winning a prize is subject to all requirements set forth herein.

    (ii) Nestle India Ltd. reserves the right to exclude any person from the Promotion on grounds of misconduct or criminal record.

    (iii) Nestle India Ltd. reserves the right to terminate, modify or extend the Promotion, at any time at its absolute discretion, without assigning any reason. All decisions of Nestle India Ltd. in respect of the Promotion and the prizes therein will be final and binding.

    (iv) Rights to use data- By participating in this Program:

    a. The participant expressly confirms and represents that he/she has read the Terms & Conditions of the Program on how to enter, and details on usage, collection, retention and sharing of personal data;

    b. The participant agrees to be bound by the terms, including in particular those relating to the collection, retention, use and sharing of personal data; and

    (v) 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.

    (vi) Your personal data as collected by the Company’s associates/partners or affiliates shall pass your personal data to the Company. Your personal data shall be administered and treated under The Company’s privacy and data collection guidelines. Such data collected and retained may be used by the Company and or its related associates/partners/ affiliates for marketing, internal study, and data analysis purposes.

  5. Eligibility:
  6. (i) This Promotion will be open to all the residents of India with the exception of state of Tamil Nadu and the phone numbers belonging to TN telecom circle, employees, their immediate family members, agents, distributors, retailers and any other channel partner of Nestle India Ltd. and the Partner Agency.

    (ii) Nestle India Ltd. or the Partner 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), NESTLE INDIA LTD. or the Partner Agency will have all the authority to call such shortlisted winners by virtue of them having voluntarily participated in the Promotion.

  7. Promotion Timings:
  8. (i) The Participants who send the SMS between 9AM to 9PM (here in after referred as "Promotion Timings") during the Promotion Period will be eligible to win the recharges.

    (ii) Time of participation will be defined as the time at which the entry is received through the SMS mode of participation at Partner Agency’s computer system.

    (iii) Entries coming outside the Promotion Period & Promotion Timings will not be considered for winner selection.

    (iv) The Promotion shall run on specific SKU of KIT KAT 3 Finger & KIT KAT 4 Finger only

  9. Per Minute Prize & Per Hour Prize:
  10. (i) Per Minute Prize - Winners will be chosen from Participants for each minute every day between 9AM to 9PM (i.e. 720 minutes) during the Promotion Period and they will be eligible for a Rs. 100 Talktime Recharges on prepaid mobile numbers or an equivalent credit to the postpaid registered mobile number. Participants will be chosen through a computerized, scientific random selection by the Partner Agency appointed by NESTLE INDIA LTD.

    (ii) Per Hour Prize – Winners will be chosen from Participants for each hour every day between 9AM to 9PM (i.e. 12 hours) during the Promotion Period and they will be eligible for a Rs. 1000 Talktime Recharges on prepaid mobile numbers or an equivalent credit to the postpaid mobile numbers. Participants will be chosen through a computerized, scientific random selection by the Partner Agency appointed by NESTLE INDIA LTD.

  11. How to Participate:
  12. Any Participant can enter the Promotion any number of times by sending a Unique Code from a mobile number through SMS during the Promotion Period. However, there will be 1 winner per unique code. A Unique Code shall only be valid for one time.

    To participate in the Promotion, Participants have to send an SMS:

    (i) As a first step, Participants are required to send an SMS with a valid Unique Code printed on the inner side of the pack and mention “POST” or “PRE” for a postpaid or prepaid connection respectively to the respective long code (MYTALKTIMEBREAK) from any GSM or CDMA mobile phone.

    e.g. SMS ‘MYTALKTIMEBREAK’’Unique Code’ PRE to 07349673805

    for a Participant with a prepaid connection.

    e.g. SMS ‘MYTALKTIMEBREAK’’Unique Code’ POST to 07349673805

    for a Participant with a postpaid connection.

    (ii) After sending the SMS, Participant will get a confirmation through an SMS wrt to the Promotion.

    For e.g. Thank you for participating in the Nestle India Ltd. Promotion. If you are a winner, you will receive your recharge on your registered mobile number.

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

    (i)For the Operator Code not being displayed on the user's mobile phones

    (ii)For any SMS message delivery failures

    (iii)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

    (iv)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

    (v)Other conditions beyond its reasonable control

  13. Winner Selection:
  14. a) For Every Minute Prize

    (i) A draw through random scientific selection will be conducted every day for the previous day entries as per below

    A total of 720 winners will be selected amongst all the entries received from 9AM to 9PM (i.e. 720 Winners for 720 Minutes) irrespective of the time of participation during the promotion timings. Therefore for each day of the promotion period, a total of 720 winners for Rs. 100 talktime recharge will be selected

    b) For Every Hour Prize

    (i) A draw through random scientific selection will be conducted every day for the previous day entries as per below.

    A total of 12 winners will be selected amongst all the entries received from 9AM to 9PM (i.e. 12 winners for 12 Hours) irrespective of the time of participation during the promotion timings. Therefore for each day of the promotion period, a total of 12 winners for Rs. 1000 talktime recharge will be selected

    c. Every Minute/Hour Prize

    (i) Prizes will be given subject to the winner satisfying the verification process of NESTLE INDIA LTD. or the Partner Agency

    (ii) Participants have a chance to win any number of times with fresh unique codes. However, for one unique code there will be only one winner allowed.

    (iii) The winner generation will be done on the basis of Valid Unique Code

    (iv) Nestle India Ltd. and Partner Agency shall have a right to ask for the original packs in case of any query raised by the Participants during the Promotion Period, non – submission of which shall render the Participant as not eligible to participate in the Promotion.

  15. Contacting Winners:
  16. EVERY MINUTE PRIZE

    (i) Once the Winners are selected, the Partner Agency appointed by NESTLE INDIA LTD. shall process the Recharge of Rs. 100 on the registered Prepaid mobile number within 48 working hours excluding public holidays and Saturday & Sundays and in the case of Postpaid participants an equivalent amount will be credited in the next billing cycle. Winners will also get a confirmatory message of having won the per-minute or per-hour prize. The winner list (winning unique code + last 4 digits of the winning mobile number) will also be published on the promotion website www.mytalktimebreak.com

    EVERY HOUR PRIZE

    (i) Once the Winners are selected, the Partner Agency appointed by NESTLE INDIA LTD. shall process the Recharge of Rs. 1000 on the registered mobile number within 48 working hours excluding public holidays and Saturday & Sundays and in the case of Postpaid participants an equivalent amount will be credited in the next billing cycle. Winners will also get a confirmatory message of having won the per-minute or per-hour prize. The winner list (winning unique code + last 4 digits of the winning mobile number) will also be published on the promotion website www.mytalktimebreak.com

  17. Publicity:
  18. (i) The Participant/s undertake and irrevocably and unconditionally permit NESTLE INDIA LTD. to cover the Promotion through various media including newspapers, radio television news channels, internet, point of sale materials, etc., and shall not raise any objection, protest or demur to such coverage or in this regard.

    (ii) The winners must, at the request of NESTLE INDIA LTD. , participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to NESTLE INDIA LTD. using their name and image in promotional material.

  19. Intellectual Property:
  20. (i) All right, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all responses received shall vest solely and exclusively with NESTLE INDIA LTD. at all times. NESTLE INDIA LTD. or any person or entity permitted by NESTLE INDIA LTD. in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.

    (ii) All material submitted in connection with the Promotion (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 LTD. upon submission and become the property of NESTLE INDIA LTD. exclusively. NESTLE INDIA LTD. 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 LTD.

  21. General Conditions
  22. (i) Each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/or entering into the 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.

    (ii) The decision of NESTLE INDIA LTD. or its Agency, as regards the selection of winners and distribution of the prizes shall be final, subject only to NESTLE INDIA LTD.'s approval. No correspondence or any other claims whatsoever, in this regard will be entertained.

    (iii) No queries, claims, dispute, complaints or grievances shall be entertained by NESTLE INDIA LTD. and its agency after 60 days from the date of the closure of the Promotion.

    (iv) The prize cannot be exchanged, and is not transferable and cannot be converted into cash.

    (v) NESTLE INDIA LTD. reserves the right to change, defer, alter or cancel this Promotion in part or full, or change any or all of the terms and conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Any decision of NESTLE INDIA LTD. in this regard and in general with respect to this Promotion and the terms and conditions thereto shall be final, binding and non-negotiable.

    (vi) Nothing contained herein amounts to a commitment or representation by NESTLE INDIA LTD. to conduct further Promotions.

    (vii) The decision of NESTLE INDIA LTD. shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between any Participant and NESTLE INDIA LTD. and the Participant shall not have the authority to bind NESTLE INDIA LTD. in any manner whatsoever

    (viii) NESTLE INDIA LTD. or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents etc.

    (ix) NESTLE INDIA LTD. or its Agency shall not be liable to perform any of its/their respective obligations under the Promotion or in respect of the prize where it is unable to do so as a result of circumstances beyond its/their control in the nature of fire, explosions, natural calamities, state emergency, riots, or any other Force Majeure condition, etc., and shall not be liable to compensate the Participant in these circumstances.

    (x) NESTLE INDIA LTD. or it’s agency shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Promotion due to any government restrictions.

    (xi) 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 NESTLE INDIA LTD. or its Agency.

    (xii) NESTLE INDIA LTD. or its agency accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, loss of SMS, loss of internet connectivity, unique codes, documents, demand drafts, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. NESTLE INDIA LTD. or it’s agency shall not be liable for any consequences of user error including (without limitation) costs incurred.

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

    (xiv) If a person chooses to access the Promotion Website from outside India, he/she shall do so on his/her own initiative and shall be responsible for compliance with applicable local laws of the country.

    (xv) The operational part of the Promotion like Recharging winners mobile numbers shall be managed by the Partner Agency

    (xvi) The participation in the Promotion is purely voluntary and the same shall be construed as an acceptance of the terms and conditions stipulated herein.

    (xvii) Partner Agency or Nestle India Ltd are not responsible for talk-time given against recharge done through us as this is purely at mobile operator’s disposal.

    (xviii) Partner Agency or Nestle India Ltd are not responsible for any delay, cancellation or changes in pricing of recharge from mobile operators end.

    (xix)The Rupee value of recharge received by the customer will be based on their mobile network and standard bill plan.

    (xx)The recharge will be processed on the winning registered mobile number within 48 working hours

    (xxi)This Promotion is applicable for prepaid customers on all major cellular networks and on select networks and circles for postpaid customers.

    (xxii)For postpaid customers the value of the recharge will be credited in their next billing cycle.

    (xxiii)To participate in this Promotion Regular call and message rates apply

    (xxiv)To use this offer, Standard fair usage policy and usage norms set by the respective telecom operator apply

    (xxv)The Promotion 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.

    (xxvi)The Promotion is applicable to select GSM/CDMA service providers.

    (xxvii) Premier Sales Promotions or Nestle India Ltd cannot be held responsible for changes in telecom plans, changes in recharge denomination by operators or government agencies. In the event that a particular recharge denomination has been discontinued by the telecom provider, Premier Sales Promotions reserves the right to offer the customer an alternate reward of equal or lower value. This would complete our promotional obligations to you.

    (xxviii)The Offer 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.

  23. Release and Limitations of Liability:
  24. (i) NESTLE INDIA LTD. and the Partner Agency shall under no circumstances be liable, whether jointly or severally, for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of acceptance of any prize.

    (ii) By entering the Promotion the Participant hereby releases from and agrees to indemnify NESTLE INDIA LTD. , and/ or any of its respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the prize or participation in the 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.

    (iii) NESTLE INDIA LTD. and the agency accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, Agency or third parties in relation to the prizes.

    (iv) The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Promotion by conducting an illegal act. Participant also undertakes to indemnify NESTLE INDIA LTD. and/or the Agency and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by NESTLE INDIA LTD. or the Agency on account of such act on the part of the Participant.

    (v) In consideration of NESTLE INDIA LTD. 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 NESTLE INDIA LTD., 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.

  25. Dispute:
  26. (i) The courts of competent jurisdiction at DELHI shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Promotion. Participation in the Promotion is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including (without limitation) this clause.

    (ii) Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participants and/or NESTLE INDIA LTD. and/or Partner Agency of this Promotion, shall be governed and construed in accordance with the laws of the Republic of India.