TERMS AND CONDITIONS

  1. Program

    2. The KitKat Grand Breaks (hereafter referred to as the “Program”) is launched by Nestlé India Limited (hereinafter referred to as “Nestlé India”), which has its registered office at 100/101, World Trade Centre, Barakhamba Lane, New Delhi – 110001, and its head office at Nestlé House, Jacaranda Marg, ‘M’ Block, DLF City, Phase II, Gurgaon- 122002, Haryana, India. The Program is conducted by 4 Minute Mile Marketing Services Pvt. Ltd (hereinafter referred to as the “Agency”).

    The Program is subject to all applicable central, state, and local laws and regulations. Nothing contained herein amounts to a commitment or representation by Nestlé India to conduct further Programs.

  1. Acceptance of Terms

    2. Before participating in the Program, please read the terms and conditions outlined herein and available at www.grandbreak.theofferclub.in. By participating in the Program, each participant (hereinafter referred to as “Participant(s)”) is deemed to have accepted these terms and conditions in their entirety.

    In the event of any conflict, these Terms and Conditions shall be considered final and binding in all matters related to the Program.

  1. Program Period

    2. The Program shall commence on 10th April 2025 at 12:00:01 AM and conclude on 9th May 2025 at 11:59:59 PM. The period inclusive of both dates shall be referred to as the “Program Period.”

    Any entry submitted before or after the Program Period as described above shall not be entertained and will be summarily rejected.

  1. Geographical Validity

    2. This Program is valid in India.

  1. Eligibility Criteria
    1. This Program is open to individuals aged 18 years and above.
    2. Participants must be citizens of India and must reside in India. Non-Indian citizens and non-Indian residents are not eligible to participate.
    3. Employees, agents, associates, and promoters of Nestlé India, along with its affiliates, subsidiaries, the Agency, and advertising agencies (including their immediate family members), are not eligible to participate. Additionally, all individuals directly associated with the organization of the Program are also ineligible to participate.
    4. Nestlé India reserves the right to exclude any person from the Program on grounds of misconduct, criminal record, or for any other reasons it deems fit. No communication in this regard will be entertained.
  2. Program Details and Entry Procedure

    3. Entries must be submitted according to the procedure described below. Entries submitted through any other mode/platform will not be entertained. The decision of Nestlé India shall be final, binding, and non-negotiable.

    A Participation(s) can Participate a maximum of 5 times during the Program Period but can wins only once.

    A participant can be declared a winner of the competition only once throughout the program period basis unique mobile number, email and address.

    Entries must be submitted in accordance with the following guidelines and Terms & Conditions:

    1. Customers see the offer on the pack and participate by sharing the SMS in the format prescribed on the pack.
    2. As a first step, Participants are required to send an SMS with Unique Number printed under the seal at the back of the Promo Pack laminate from any GSM or CDMA mobile phone. e.g., KITKAT<space>LOT NO. to 6262642222.
    3. Rest of India (except Tamil Nadu) Participants– Upon sending a valid entry, the participant will receive the confirmatory SMS, and the entry will get included for the daily draw and an auto SMS of participation goes to the Participants.
    4. Tamil Nadu Participants – Upon sending a valid message, the Participants will receive a question to answer by following the format prescribed on the pack i.e., KITKATGRAND<space>Your Answer to 6262642222. The Participant has to submit the unique and creative answer in above format. Participants will receive the confirmatory SMS on successful submission of entry.
    5. Winners will be selected and notified basis criteria and process as defined under clause 10 of this Terms & Conditions. 
    6. Shortlisted winners will get a congratulation SMS with a unique code and a link. Shortlisted winners need to click on the link & complete the process as below: -
      • Unique Code
      • Enter Name
      • Enter Mobile number* (Request passcode on mobile)
      • Enter One Time Passcode
      • Enter your email
      • Select Your Gift (Dropdown)

         - iPhone 16 (128 GB)

         - Sony PlayStation PS5

         - Bose Headphone

      • Enter Address
      • Enter your city
      • Enter your state
      • Enter pincode
      • Upload PAN
      • Fill Captcha, accept Terms & Conditions, Privacy Policy of Nestlé India Ltd & submit
  1. Entry Conditions

    2. Entries must comply with the following conditions:

    1. Entries must not be sexually explicit or suggestive, violent, or derogatory towards any ethnic, racial, gender, religious, professional, or age group. They must also not be profane, pornographic, or contain nudity.
    2. Entries cannot promote alcohol, illegal drugs, firearms, or weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
    3. Entries cannot be obscene or offensive, and must not promote any form of hate, hate groups, or hurt religious sentiments.
    4. Entries cannot promote terrorist acts, such as providing instructions on how to assemble bombs, grenades, or other weapons, or provide instructional information about illegal activities.
    5. Entries cannot defame, misrepresent, or contain disparaging or slanderous remarks about Nestlé India, its customers, its products, or other individuals, products, or companies.
    6. Entries must be original and cannot contain copyrighted material owned by others without permission. Plagiarism from any source is strictly prohibited.
    7. Entries cannot contain background artwork unless it is an original work created by the participant.
    8. Entries must not depict or be in violation of any law.
  1. Disqualification of Entries:

    2. Entries that do not comply with these terms and conditions will be rejected. Nestlé India reserves the right to disqualify any entry at its discretion.

  1. No Charges for Participation

    2. No charges are payable to Nestlé India or the organizers for participation in or winning the Program. In the event that any individual requests money in connection with the Program, please be advised that such requests are not legitimate and should be reported to Nestle India.

  1. Prizes
  1. A participant who has been selected and notified as Winner(s) in terms of Section 11 of these Terms and Conditions shall be awarded with Prize. Following are details of the Number of Winner(s) and Prizes:
    • A total of 31 winners will be selected as set out below.
    • 30 Winners selected from Rest of India Participants will get a chance to choose one prize from the following three:  iPhone 16 (128 GB), Bose Headphones, or Sony PlayStation. Prize once chosen by the winner cannot be changed once it has been selected. Daily 1 winner will be selected from Rest of India participants in the program period from 10th April 2025 to 9th May 2025 by draw conducted through a scientific randomizer. Total Number of Winners during the Program Period for Rest of India will be 30.
    • 1 Winner will be selected from Tamil Nadu Participants for the entire Program Period.
  1. A participant can win a maximum of one prize during the Program period. If a participant has won a prize, they will not be eligible to win any further prizes.
  2. The prize cannot be exchanged, transferred, or converted into cash.
  3. Participants understand that prizes are provided "as is," without warranty of any kind, either express or implied, including but not limited to merchantability or suitability for any particular purpose.
  4. Prize/Merchandise cannot be returned/ exchanged unless the prize/merchandise is delivered defective. In case the product delivered to you is defective, please contact our helpdesk within 24 hours of delivery of the merchandise, in case of failure to do so, the reward shall be considered as accepted by the customer.
  5. 4 Minute Mile Marketing Services Pvt Ltd. will do an address specific dispatch of prize/merchandise. The customer shall be solely responsible for ensuring that the correct address is updated and concerned people at his home/office (as the case may be) are kept informed. 4 Minute Mile Marketing Services Pvt Ltd. will not be responsible for non-receipt of redeemed items on account of deliveries made to any other person at the registered address other than the customer. No dispatch shall be made to P.O. Box addresses or to addresses outside India or to un-serviceable Pin codes or incorrect/incomplete addresses.
  6. Prize will be delivered to the participant by upto 60 business days from end of the Program period depending on the participant pin code. In case of unforeseen delays an SMS notification will be sent.
  7. If the prize is Returned to Origin (RTO) due to any reasons: Incomplete Address, Wrong Address, Wrong Pin code, Consignee is not available, customer refuses to receive, delivery will not be attempted and will be considered as forfeited.
  1. Winner Selection and Notification
    1. Winning entries will be determined by Nestlé India or its agency, and such decisions shall be binding and non-contestable.
    2. The winner(s) will be selected as per below criteria:
      1. Rest of India Participants (ROI): The Winners will be selected by draw through a scientific randomizer system. A draw through random scientific selection will be conducted every day for ROI Participants and Daily 1 Winner will be selected for ROI in the program period of 10th April 2025 to 9th May 2025.
      2. Tamil Nadu Participants: 1 Winner will be selected for entire Program Period via third party auditor basis the uniqueness and creativity of the answers submitted by the Participants. Nestlé India or its agency will contact the selected winner(s) on contact details for verification.
    3. Nestlé India or its agency will make best efforts to contact the selected (winners). Nestlé India shall not be liable for any non-receipt of communication due to network failures or other technical issues. If a selected winner cannot be contacted by 16th May 2025, the selected winner will be disqualified.
    4. The prizes will be awarded to the winner(s) after due verification. Winners may be required to submit details and documents including valid ID proof (PAN) and any other documents as specified by Nestlé India or its agency. Nestlé India reserves the right to waive or relax any documentation requirements at its discretion. If a selected winner cannot submit the details by 16th May 2025, that winner will be disqualified.
    5. Upon successful completion of verification, Prize shall be awarded to the Winner(s).
    6. If delivery of prizes involves courier or postal services, such delivery shall be subject to the serviceability of the courier service and any guidelines established by relevant authorities, including those pertaining to pandemics. Delays shall not be regarded as a breach of these terms.
  2. Contact Details

    3. For any queries, the Participant(s) can reach out to the Agency at 9511948588 or write to customercare@4mm.co.in from Monday to Friday, between 10:00am to 6.30pm/Saturday 10:00am to 2:00pm. Please note that the lines will be closed on public and bank holidays. Standard calling rates apply.  

    No queries or complaints shall be entertained by Nestlé India after 30 days from the end of the Program.

  1. Intellectual Property:
    1. By participating in the contest and submitting an entry, each Participant acknowledges and agrees that any and all materials, ideas, concepts, or submissions (collectively, the "entry") provided by the Participant in connection with the contest: [a] is an original work, [b] has not been previously published, [c] has not won previous awards, [d] does not infringe upon the copyright, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, [e] that the participant has obtained permission from any other person whose name, likeness, image or intellectual property / proprietary right(s) are used in the entry and [f] that use and publication of the entry via various media, will not infringe any third party rights.
    2. If a Participant uses/includes any intellectual property owned by Nestlé S.A. or its affiliates (collectively, "Nestlé IP") as part of their entry, the Participant acknowledges and agrees that all rights, title, and interest in and to the Nestlé IP shall remain solely with Nestlé. The Participant shall not claim any ownership or rights over Nestlé IP, nor shall the Participant use Nestlé IP for any purpose other than for the purposes of the contest and as per the terms and conditions herein.
    3. Participant hereby grant Nestlé India, a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable license to use, reproduce, modify, edit, publish, distribute, post, re-post, and display the entry with or without the Participant’s name, photograph(s) in any media, now known or hereafter devised, for any purpose, including but not limited to promotional and marketing purposes. Participants further represent that they have the right to grant the license to Nestlé India as stated above in this clause.
    4. Nestlé India may but is not obligated to provide attribution to the Participant(s) in connection with the use of their entry(s).
    5. By entering into the contest and accepting the prize, the Participant(s) and winner(s), waive all the copyrights, rights of publicity and any related rights and specifically consents to Nestlé India's right to audiography, videography, picture, tape or portray him/her as a Participant/ winner and to use, reproduce, modify, edit, publish, distribute, post, re-post, display and exhibit the entry(s) in any and all media now existing or hereinafter created, including (without limitation) television, film, radio, digital and print media without any compensation whatsoever for such advertising, and publicity for perpetuity. The Participants and/or winner(s) also consents to Nestlé India's unconditional right to use his/her name, voice or picture or the contents of his/her entry(s) for perpetuity.
    6. Participant(s) and winner(s) acknowledge that they will not receive any compensation for the use of their entry(s).
    7. Participant(s) agree to indemnify and hold harmless Nestlé India from any claims, damages, or liabilities arising from any breach of the representations and warranties set forth in this clause.
    8. Nestle disclaims ownership of IP rights on the prizes. Iphone is a trademark of Apple Inc. ; Bose is a trademark of Bose Corporation; Sony is a trademark of Sony Group Corporation and Playstation & PS5 are trademarks of Sony Interactive Entertainment Inc.
  1. Data Privacy
    1. By participating in this Program, the Participant(s) agree and confirm that they are above the age of 18 years and have reviewed Nestlé India’s Privacy Policy, accessible at https://www.nestle.in/info/privacypolicy , prior to providing personal data to Nestlé India or its Agency and have no objections to the collection or processing of their data in the manner and for the purpose as outlined in the privacy policy.
    2. 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   
    3. NESTLÉ INDIA LTD. shall not be responsible for (including but not limited to):
      1. For any SPAM generated messages
      2. For the Operator Code not being displayed on the user's mobile phones
      3. For any SMS message delivery failures
      4. 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
      5. 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
      6. Other conditions beyond its reasonable control

  2. Tax Liabilities

    3. The costs incurred towards conducting the Program are borne by Nestlé India. However, winners are liable for any applicable income tax, levies, and duties in connection with the prizes. All other costs, including travel expenses and delivery costs, will be borne by the winners.

  1. Changes to Terms

    2. Nestlé India reserves the right to terminate, modify, or extend the Program and/or add or delete any terms and conditions at its absolute discretion, without prior notice or assigning any reason. Updated terms will be available on www.grandbreak.theofferclub.in.

    All decisions of Nestlé India regarding the Program and the prizes therein will be final, binding, and conclusive.

  1. Force Majeure

    2. Nestlé India or its Agency shall not be liable to fulfill any of their respective obligations under the Program or regarding the prize if they are unable to do so due to circumstances beyond their control, including but not limited to fire, explosions, natural calamities, state emergencies, riots, strikes or political unrest or any other conditions classified as Force Majeure. In such cases, they shall not be liable to compensate the Participant.

  1. Limitation of Liability; Waiver & Release; Indemnification
    1. Nestlé India and its 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 personal injury or property damage sustained as a result of the acceptance of any prize.
    2. Nestlé India or its Agency shall not be accountable or liable for any disruptions, stoppages, interruptions, or cancellations of the Program resulting from government restrictions.
    3. Nestlé India and its Agency accept no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted, or misdirected entries, as well as for the loss of SMS, loss of internet connectivity, unique codes, documents, demand drafts, claims, or correspondence. This includes instances resulting from error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attacks, transmission interruptions, communications failures, hardware failures, or otherwise. Furthermore, Nestlé India and its Agency shall not be liable for any consequences arising from user error, including, but not limited to, any incurred costs.
    4. Nestlé India and its Agency accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, the Agency, or third parties in relation to the prizes.
    5. By entering the Program, the Participant hereby releases and agrees to indemnify Nestlé India and/or any of its respective officers and employees from and against all liability, costs, losses, or expenses arising out of the acceptance of the prize or participation in the Program, including (but not limited to) personal injury and damage to property, whether direct, indirect, consequential, foreseeable, due to any negligent act or omission, or otherwise.
    6. 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 Nestlé India and/or its 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 Nestlé India or its Agency on account of such act on the part of the Participant.
    7. In consideration of Nestlé India 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, and causes of action (present or future) that they may have against Nestlé India, 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 or related to the Program or the prize of the Program.
    8. If a Participant is dissatisfied with the Program or any decision of Nestle India 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.
  2. Jurisdiction and Governing Law
    1. The courts of competent jurisdiction in Delhi shall have exclusive authority to resolve all disputes arising out of, or in connection with, the Program. Participation in the Program is unauthorized in any jurisdiction that does not uphold all provisions of these terms and conditions, including, without limitation, this clause.
    2. Furthermore, all issues and questions regarding the construction, validity, interpretation, and enforceability of these Terms and Conditions, as well as the rights and obligations of the Participants and/or Nestlé India and/or its Agency in relation to this Program, shall be governed by and construed in accordance with the laws of the Republic of India.