Lucky Draw - General Terms and Conditions 

Terms & Conditions:

Contest Details, Concept and Participation:

(i) These terms and conditions apply to the "Happydent Fastrack" programme for consumers (hereinafter referred to as " Contest") sponsored and launched by PVMI wherein consumers can participate by sending an SMS of the Unique Code printed on the pack to 7259188888. Participants will get a revert SMS with a confirmation of participation.

(ii) The contest is valid in India except the state of Tamil Nadu from 15/01/2022 to 15/04/2022 (herein after referred as "Contest Period").  The period from 12:00:01 a.m. on 01/01/2022 to 11:59:59 PM on 14/01/2022 is the ‘Pre-Contest Period’.

(iii) For Pre-Contest Period:

(a) For Rest of India: Since Promotion Products with Participation Codes will be available in the market before the Contest Period, Entries received from Participants during the pre- Contest Period shall be put in a Lucky Draw. A total of 50 winners will be announced for all entries received during Pre-Contest Period.

(b) Each of the persons from whose mobile numbers these winning Entries are received shall be entitled to Fastrack Gift Voucher Prize; provided that not more than one Prize shall be awarded against Entries received from a single mobile number. 

(c) On or before 31/01/2022, the Organizer shall attempt to contact each winner on the mobile number from which his/her winning Entry was received and intimate him/her of the process to claim his/her Prize. (See clause 8 below, titled ‘Contacting Winners’).

 (e) During the Pre-Contest Period, 50 Winners for Rest of India winners will be selected for Fastrack Gift Voucher.

(iv) For Contest Period

(i). For Rest of India: During the Contest Period Fastrack Vouchers will be awarded to 50 winners every day, irrespective of the time of entry of the participation (i.e., 50 winners will be selected each day from 12:00:01 AM to 11:59:59 PM during the Pre- Contest period) Each winner shall be eligible subject to the conditions duly fulfilled by the shortlisted winner. (Pre-Contest Duration daily will be only from 12:00:01 AM to 11:59:59 PM.

(iii) During the Contest Period, 4550 Winners for Rest of India winners will be selected for Fastrack Gift Vouchers during the contest period for 91 days. 

(iv) If required, Perfetti may want to run a Pre-Contest for all the entries received before the start date of campaign, 50 winners will be selected for Rs 500 Fastrack Gift Voucher from all the entries received before the start date of campaign.

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

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

(ix) Consumers participating or seeking to participate in the Contest shall individually be referred to as "Participant" and collectively as "Participants".

2. Agreement to Terms and Conditions:

(i) By participating in this contest, Participants fully and unconditionally agree to and accept these Terms and Conditions available on www.happydentpromo.bigcityexperience.com ("Contest Website") as well as the decisions of PVMI, which are final and binding in all matters related to the Contest. Successfully entering the Contest and winning a prize is subject to all requirements set forth herein.

(ii) PVMI reserves the right to exclude any person from the contest on grounds of misconduct or criminal record.

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

 

3. Eligibility:

(i) This Contest will be open to all the residents of India with the exception of entries from Tamil Nadu, employees, their immediate family members, agents, distributors, retailers and any other channel partner of PVMI and the agency.

(ii) People below 18 years shall be allowed to participate only with the necessary parental consent. In such a case, the parent (s) or legal guardian of the minor may redeem the prize at his / her own cost and shall execute the documents as required.

(iii) PVMI or its 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 or its Agency will have all the authority to call such shortlisted winners by virtue of them having voluntarily participated in the Contest.

4. Contest Period & Contest Timings:

(i) The contest will commence from 12:00:01 AM on 15/01/2022 to 11:59:59 PM on 15/04/2022. The period from 12:00:01 AM on 01/01/2022 to 11:59:59 PM. on 14/01/2022 is the ‘Pre-Contest Period’

(ii) The Participants can make an entry any time during the day will be eligible to win the Fastrack Gift Vouchers for both Contest and Pre-Contest 

(iii) Time of participation will be defined as the time at which the entry is received through the SMS mode of participation at PVMI computer.

(iv) Entries coming outside the Contest Period will not be considered for winner selection.

(v) The contest will run on limited stocks of packs. Stock without offer would also be available in market 

 

5. Prizes:

(i) Fastrack Gift Vouchers: 

For Rest of India

For Pre-Contest Period

50 Participants will be chosen during the Pre-Contest Period, and they will be eligible for a Rs. 500 Fastrack Gift Vouchers. Winning Entries from amongst Participants who participated during the Pre-Contest Period shall be determined by Lucky Draw.

For Contest Period

4550 Participants will be chosen every day during the Contest Period, and they will be eligible for a Rs. 2000 Fastrack Gift Voucher. Winning Entries from amongst Participants who participated during the Contest Period shall be determined by Lucky Draw.

6. How to Participate:

Any participant can enter the contest any number of times a day only from a mobile number through SMS during the contest period. However a participant can win a maximum of 1 Fastrack Gift Voucher prize during the promotion period.

To participate in the Contest, customers 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 Happydent pack to the long code from any GSM or CDMA mobile phone. 

e.g. SMS Unique Code to 72591 88888

(ii) For Rest of India: After sending the SMS, Participant will get participation confirmatory SMS wrt to the contest.

PVMI and the Partner 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

7. Winner Selection 

For ROI Winners:

a) Fastrack Gift Vouchers

(i) For Rest of India: 

For Pre-Contest Period:

50 Participants will be chosen during the Pre-Contest Period, and they will be eligible for a Rs. 500 Fastrack Gift Vouchers. Winning Entries from amongst Participants who participated during the Pre-Contest Period shall be determined by Lucky Draw.

For Contest Period:

A Lucky Draw will be conducted every day as per below (i.e., 50 unique winners will be declared winners per day irrespective of the time of participation)

50 winners will be selected every day. Therefore, there will be 4550 unique winners selected for a Rs. 2000 Fastrack Gift Voucher during the contest period of 91 days.

 

b). Prizes

(i) Prizes will be given subject to the winner satisfying the verification process of PVMI. One participant can win a maximum of 1 Fastrack Gift Voucher Prize during the promotion period. For Rest of India: Uniqueness of the winner will be basis Unique Mobile No + Unique Code, 

(iii) The Prize cannot be transferred, exchanged or redeemed for cash. In the event that the winner does not take the prize in the time and manner stipulated, then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize. Prizes must be taken as offered and cannot be varied.

(iii) Any unused prize is not-transferable, non-refundable and non-redeemable for other goods or services and cannot be taken in exchange for cash.

(iv) PVMI  shall provide the prize 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 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 manufacturer.

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

(vi) PVMI or its Agencies shall not be liable for any loss or damage of the prize 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.

(vii) Any participant of the contest who wins a Fastrack Gift Voucher prize during the Contest Period shall not be eligible to win any further prizes.

8. Contacting Winners:

(i) For Fastrack Gift Voucher Winners: Once the Winners are selected, the Partner Agency appointed by PVMI shall contact the winner on their registered mobile number within 24 business hours. The winner will receive their Fastrack Gift voucher along with a weblink to redeem the offer. Business Hours are from Monday to Friday, between 10:30 AM to 5:30 PM, except public holidays.

(ii) No prize will be awarded if the information presented by the Participant(s) at the time of entering the contest is not factually correct.

(iii) In the event of death of the Confirmed Winner, no claim from the nominee or his/her legal heirs of the Confirmed Winner shall be entertained for receiving the prize.

9. Publicity:

(i) The Participant/s undertake and irrevocably and unconditionally permit PVMI to cover the Contest 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 PVMI, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to PVMI using their name and image in promotional material.

10. Intellectual Property:

(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 PVMI at all times. PVMI or any person or entity permitted by PVMI 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 Contest (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 PVMI upon submission and become the property of PVMI exclusively. PVMI may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of PVMI.

11. General Conditions

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 Contest 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.

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

No queries, claims, dispute, complaints or grievances shall be entertained by PVMI and its agency after 60 days from the date of the closure of the contest.

The prize cannot be exchanged and is not transferable and cannot be converted into cash.

The Agency shall provide the prize 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 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.

PVMI reserves the right to change, defer, alter or cancel this Contest 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 PVMI in this regard and in general with respect to this Contest and the terms and conditions thereto shall be final, binding and non-contestable.

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

The decision of PVMI 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 PVMI and the Participant shall not have the authority to bind PVMI in any manner whatsoever

PVMI or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents etc.

PVMI or its Agency shall not be liable to perform any of its/their respective obligations under the Contest 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.

PVMI or its agency shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Contest 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 PVMI or its Agency.

PVMI 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. PVMI or its agency shall not be liable for any consequences of user error including (without limitation) costs incurred.

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

If a person chooses to access the Contest 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.

The operational part of the scheme like redemption of Fastrack Gift Vouchers shall be managed by the Premier Sales Promotions Pvt. Ltd; However, Happydent product will be distributed through PVMI Distributor/dealer.

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

Any dispute arising out of or in connection with or as a result of the facility shall be subject to the exclusive jurisdiction of the courts of Gurgaon only. 

Release and Limitations of Liability:

PVMI and the 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.

By entering the Contest, 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 prize or participation in the Contest 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.

PVMI 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.

The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Contest by conducting an illegal act. Participant also undertakes to indemnify PVMI 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 PVMI or the Agency on account of such act on the part of the Participant.

In consideration of PVMI  allowing the Participant/s to take part in the Contest, 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 PVMI  , 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 Contest or related to the Contest or the prize of the Contest.

 

20. Dispute:

(i) The courts of competent jurisdiction at Gurgaon shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Contest. Participation in the Contest 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 PVMI and/or Partners of this Contest, shall be governed and construed in accordance with the laws of the Republic of India.

21. Terms and Conditions of Fastrack Gift Voucher 

1. This card is redeemable for products at all Fastrack stores and for online purchase as well.

2. The cash amount loaded on the card shall be valid for 365 days from the issue month.

3. Card balance may also be obtained from a selected Fastrack store.

4. No refund will be done at any circumstances, even if balance available. 

5. Applicable on all offers at the time of redemption.

6. Cards can be used for multiple times redemption within the validity period.

7. Multiple cards (5-6) can be used in a single bill. 

DECLARATION REGARDING OBTAINING OF PERSONAL DATA

INFORMATION TO THE PARTICIPANT

In compliance with the applicable Personal Data Protection Laws, Perfetti Van Melle India Private Limited, having its registered office at 47th Milestone, Delhi-Jaipur Highway, Manesar- 122050 (hereinafter “PVMI”) informs you that your personal data (hereinafter “Personal Data”) provided to PVMI as a consequence of your interest in the _Happydent Fastrack Programme_, will be collected and processed under the control of PVMI in compliance with the following:

a. Purposes and lawfulness of processing

The processing of the Personal Data is based on your will to be part of the aforesaid Happydent Fastrack program starting from 1st January 2022 to 15th April 2022.

The processing of the Personal Data can take place electronically and manually, based on logical criteria compatible and functional with the purposes for which the Personal Data are collected, and always in accordance with the applicable Personal Data Protection Laws.

b. Scope of communication and dissemination of Data.

The Personal Data will be processed only by personnel authorised by PVMI, or by third-party companies (including any other company of the PVM Group), institutions or professionals who, as Data Processor, perform specific processing services or activities complementary to the purposes referred above.

The Personal Data will not be disseminated in any way.

c. Retention period

The Personal Data will be kept as long as the aforesaid Happydent Fastrack Program starting from 1st January 2022 to 15th April 2022, is open and shall be destroyed thereafter, without retaining any copies of the same.

d. Data subject rights

PVM informs that you have right to request access to and rectification or erasure of the 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 PVM a written communication to Perfetti Van Melle India Private Limited, having its registered office at 47th Milestone, Delhi-Jaipur Highway, Manesar- 122050 or by sending an email to pvmdpo@it.pvmgrp.com to the attention of the Data Protection Officer.

You have the right to lodge a complaint with a Supervisory Authority.

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