Terms of Use

TERMS AND CONDITIONS CADBURY GIVE A LITTLE THANKS PROMOTION 2024

1. THE PROMOTION AND PROMOTER

1.1. The Cadbury Give a Little Thanks Promotion (“the Promotion”) is executed locally by Cadbury Kenya Limited of P.O Box 45466 -00100, Cadbury Mauritius Limited 33 Edith Cavell Street, Port Louis, 11324, Mauritius, and designated agencies in Zambia Tanzania, Uganda & Mozambique (“the Promoter”). Please refer to the website for the current Terms and Conditions for this Promotion and FAQs: cadbury.africa

2. PROMOTIONAL PERIOD

2.1 The Promotion will run from 1st October 2024 to 31st December 2024 (“Promotional Period”). No submissions received after 23h59 on 31st December 2024 will be accepted.

2.2 The Promotional Period may be extended or curtailed at the discretion of the Promoter.

3. WHO MAY ENTER

 3.1 All Participants in the Promotion must, at the time of entering the Promotion:

a) Be a natural person and at least 18 (eighteen) years of age;

b) Be a citizen and/or a legal resident of Kenya, Zambia, Tanzania, Uganda, Mozambique or Mauritius;

c) Be in possession of a valid identity document, resident/work permit and/or driver’s license from the listed countries; and

d) Be residing or present in Kenya, Zambia, Tanzania, Uganda, Mozambique, or Mauritius for the duration of the Promotional Period.

3.2 All Participants agree that the Terms and Conditions, rules, and provisions set out herein are binding on them.

3.3 Participation excludes directors, members, partners, promotional and advertising agents, merchandisers, employees, or consultants of the Promoter, or any third parties involved in the execution of the Promotion, as well as immediate family members and business partners or associates of the aforesaid persons.

4. HOW TO PARTICIPATE IN THE PROMOTION

4.1. For a limited period, participants can visit the Cadbury Africa website during the “Promotional Period.”

4.2 Participants are encouraged to Give a Heartfelt Thank You to someone who has made their year special via our website https://cadbury.africa/give-a-little-thanks/ke or by using the hashtag #CadburyGiveALittleThanks on social media and tagging @Cadbury.

4.3 Participants who Give a Heartfelt Thank You through the website must verify their email address & mobile number.

4.4 Heartfelt Thank You messages received will be reviewed to ensure they are respectful and appropriate.

4.5 Multiple entries will be permitted, subject to each entry being submitted separately and in accordance with entry requirements.

4.6Messages generated by script, macro, bot, incentives or other means not sponsored by the Promoter or any other automated means and entries aimed to subvert the entry process or do not conform to these terms and conditions may disqualify the Participants.

4.7 Messages will not be amended or withdrawn once submitted. Amendment to any message after the submission deadline of the Promotion will not be considered and the Participant will be deemed to have withdrawn from the Promotion.

The competition is not eligible through social media entry.

5. PRIZES

5.1 Participants who Give a Heartfelt Thank You through the website, and verify their email address, can stand a chance for your nominated loved one to Win a Cadbury Festive Gift Hamper subject to availability.

AWARDING OF THE CADBURY FESTIVE HAMPERS

5.2 The Promoter and the agency partners through a set or random criteria will select Thank You entries in each market; Kenya-80, Mauritius-20, Zambia-40, Mozambique-20, Uganda-30, Tanzania-30, and the finalists will be gifted with a Cadbury Festive Hamper.

5.3 None of the prizes are redeemable for cash and the Promoter is not liable for any defect, changes and/or modifications in the prizes.

5.4 Prizes are not transferrable or exchangeable and may be forfeited or be allocated to another participant at the Promoters’ discretion.

5.5 The Promoter reserves the right to substitute any of the prizes for a different prize of similar value.

5.6 Promotional images are merely a representation of the prize and the actual prize may vary.

5.7 Any risks in relation to the prize (such as loss, theft, or damages) will pass to the participant once the prize has been collected/accepted and/or signed for by the participant. The Promoter will not be responsible for any lost, stolen, or damaged prizes and no replacements will be made.

5.8 The prizes are based on set pre-selected designs. Participants will not choose the design/ features / specifications / colour and will accept the prizes as is without warranties of any kind, either express or implied, including without limitation warranties of quality, suitability or comfort or implied warranties of merchantability or fitness for a particular purpose and at their own risk.

5.9 All prize finalists will be subject to a verification process. Awardees will be confirmed only once the verification process has been completed.

5.10 All finalists will need to supply a copy of their identity Document, Driver’s license and/or permanent residency permit, proof of residential address, completed finalist form and any other relevant documents to complete the verification process.

5.11 It is the Participants’ responsibility to provide the correct contact number when entering the Promotion. If the contact number provided by the Participant is incorrect, the winner will forfeit the prize and it will be transferred to the next selected participant.

5.12 All finalists will first be notified via telephone. In the event that a finalist is not contactable for 3 (three) consecutive days (3 contact attempts) then such finalist will forfeit their hamper and another finalist will be randomly selected and the same process as described herein will be followed.

5.13 The Promoter reserves the right to carry out reasonable due diligence to confirm eligibility and may refuse to award the prize to a participant if there is suspicion of any irregularities or fraudulent activities.

5.14 During the award ceremony, video and images may be captured by the Promoter for promotional and documentation purposes.

5.15 By accessing the microsite and accepting the Prize, Participants agree to the Promoter sharing the captured content on their social media platforms and for PR purposes to amplify and report on the campaign.

5.16 The Promoter reserves the right to carry out reasonable due diligence to confirm that the use of any such person in advertising or publicity for the Promotion will not bring the Promoter or any of the Promoter’s brands into public disrepute, contempt, scandal, or ridicule or reflect unfavourably on the Promotion as determined by Promoter in its sole discretion.

5.17 The Promoters reserves the right to withdraw the prize and/or disqualify any participant that may bring the Promoter brands into disrepute.

5.18 Any dispute with number ownership (such as more than one individual claiming to be the owner of the same mobile/ contact number – verbally or otherwise) will result in immediate disqualification of both the number and the individuals and no negotiations will be entered into.

6. PROMOTIONAL MARKETING AND SOCIAL MEDIA

 6.1 Multiple Heartfelt Thank You messages sent and shared via social media may be identified and used on the Cadbury website as part of Today’s Generosity. By participating, you give Cadbury Africa permission to use your profile picture, image, and message, or part of your message, in marketing on the website and social media.

 7. CONFIDENTIALITY

7.1 By entering the Promotion, Participants provide their personal information voluntarily, and it will be used in compliance with relevant data protection laws.

7.2 Participants authorize the Promoter to collect, store, and use personal information for communication and statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should the participant wish to be removed from all communication.

7.3 The Promoter reserves the right to use names and images of participants for publicity purposes without further remuneration, unless the participant declines in writing.

8. INDEMNITY

8.1 To the extent permitted by Consumer Protection legislation and any other applicable laws:

8.1.1 The Participant hereby indemnifies the Promoter, its associated companies (directors, officers and employees) and agents against any direct, indirect, special, incidental, consequential, or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participant’s entrance to the Promotion.

8.1.2 The Promoter excludes all warranties (express or implied), representations and liabilities regarding the Promotion (other than for death or personal injury caused by its negligence and/or fraud).

8.1.3 The Promoter reserves the right, at any time, to verify the validity of participants (including but not limited to a participant’s identity, age, and place of residence) and to reject any participant who has not complied with these Terms and Conditions.

8.1.4 Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

8.1.5 Neither the Promoter nor its agents or distributors will have any liability in relation to the Promotion.

8.1.6 By participating in the Promotion, participants agree to allow marketing materials to be sent to them from the Promoter during and after the Promotion Period. However, participants will have the option to decline/Opt Out with every SMS received.

8.1.7 The Promoter reserves the right to carry out reasonable due diligence to confirm eligibility and confirm that the use of any such person in advertising or publicity for the campaign will not bring the Promoter or any of the Promoter’s brands into public disrepute, contempt, scandal, or ridicule or reflect unfavorably on the Promotion as determined by the Promoter in its sole discretion.

8.1.8 Participants agree that by sending the Thank You messages, they grant permission to the Promoter to use the videos, images, text or voice recording or any part thereof, in any and all media for promotional/ marketing purposes.

8.1.9 The Promoter assumes no liability whatsoever for any entry that has been omitted from participation for any reason whatsoever.

8.1.10 Participants warrant that they have full rights to the videos, images, text or voice recording that they upload and that the use of the said material shall not constitute a breach of any third party’s copyright or other intellectual property rights.

8.1.11 The Participant warrants that the videos, images, text or voice recordings have not been used for commercial purposes or submitted in other contests, locally or elsewhere.

8.1.12. The Promoter will not be liable for any unforeseen defects in promotional materials supplied or manufactured by third parties.

8.1.13 The Promoter is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to a participant or any other person’s mobile handset or computer related to, or resulting from, participation in this Promotion or the downloading of any materials related to this Promotion.

8.1.14  No responsibility is accepted for any messages that are incomplete, tagged incorrectly, unreadable, ineligible, corrupted, misdirected, lost or delayed or are unable to be sent/ published due to technical or transmissions failures of any kind or any other reason.

8.1.15 If the Promoter is required by any law, to alter any aspect of the Promotion or to terminate the Promotion as a result of changes in legislation, the Promoter will have the right to terminate this Promotion with immediate effect. In such event, all participants hereby waive any rights which they may have against the Promoter and acknowledge that they will have no recourse or claim of any nature whatsoever against the Promoter, its agents and/or contractors.

8.1.16 In the event of any inconsistency between these Terms and Conditions and any terms and conditions printed or displayed on any marketing materials published or broadcast in any media (such as but not limited to the internet, television, radio, newspaper, magazines etc.) relating to the Promotion, the terms contained in these Terms and Conditions shall prevail.

8.1.17 The Promoter reserves the right to use content in their planned Advertising and Marketing Communications Material for the period of the Promotion. Should the decision be to extend the Promotion beyond 2024, the Promoter via their appointed agency will engage with Participants to agree market related usage rights deemed appropriate and reasonable.

8.1.18 The Promoter reserves the right to delete any information uploaded by a Participant which the Promoter, in its absolute discretion, believes is illegal, obscene, offensive, or defamatory, or infringes the intellectual property rights of a third party, or is otherwise inappropriate for the Promotion.

9. CONFIDENTIALITY:

 9.1 Participants of this promotion are voluntarily providing their personal information to the Promoter, its associated agencies and the third-party service providers running the Promotion in conjunction with the Promoter.

9.2 By entering this Promotion, participants authorise the Promoter to collect, store and use (not share) personal information of participants for communication or statistical purposes. Participants are entitled to decline any marketing communication and inform the Promoter in writing should the participant wish to be removed from all communication.

9.3 By entering this Promotion, the participant consents that the Promoter may use names and images taken of the winners/participants for publicity purposes, without any further remuneration being payable to the winner. All promotional material will become the sole property of the Promoter.  However, the participant/winner has the right to decline participating in any promotional activity or to object to these images being used by written notification to the Promoter.

 10. DATA PROTECTION TERMS:

 10.1 The Promoter through subcontractors/sub processors may have access to specific information which can identify individuals who are consumers (known as “Personal Information” as defined by the Protection of Personal Information Act). The Promoter and its subcontractors shall comply with all laws and regulations applicable to “Personal Information” and any related information.

10.2 The Promoter through its sub-processors warrants that any “Personal Information” will be collected in accordance with applicable Data Protection laws.

10.3 By clicking “SUBMIT”, I confirm, that I have fully read, understood the Cadbury Give a Little Thanks Promotion 2024 terms and conditions as stated here and I agree to participate. I also confirm receiving communication from the Promoter about future promotions and offers.

10.4 Personal information will be retained as long as reasonably and legally required to perform the obligations under the terms of the Promotion.

 11. GENERAL TERMS:

11.1 By participating in this Promotion, participants agree to abide by these terms and conditions.

11.2 Any violation of these terms and conditions may result in disqualification from the Promotion.

11.3 The Promoter reserves the right to amend, modify, change, postpone, suspend or cancel the Promotion or any aspect thereof, without notice at any time, for any reason that the Promoter reasonably deems necessary.

11.4 The onus rests on the Participants to check the Promoter’s website for updates to the Terms and Conditions.

11.5 No liability shall lie on the Promoter in favour of any Participant, and/or third party arising from such cancellation, suspension, or termination. Therefore, the Participant waives his/her right which he/she may have against the Promoter and hereby acknowledges that he/she will have no right of recourse or claim of any nature whatsoever against the Promoter.

11.6 The Promoter’s decision regarding winners is final, and no correspondence will be entered into. The decision of voucher distribution is solely at the discretion of the Promoter.

11.7 If in part or all of any clause of the Terms and Conditions is illegal, invalid or enforceable:

11.7.1 It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible,

11.7.2 It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

11.8 The Promotion is in no way sponsored, endorsed, or administered by or associated with Meta i.e. WhatsApp, Facebook, Threads, TikTok and Instagram.

11.9 The Promoter does not require Participants in the Promotion to send any money or other consideration in order to participate or claim any prize in this Promotion and the Promoter will not be liable for any losses or other damage incurred by any person who does not heed this caution.

11.10 The Promoter reserves the right to withhold the prize from any person, and to reclaim any such prize if any breach of these terms and conditions is subsequently discovered or suspected.

11.11 All Terms and Conditions are subject to the laws of the country where the Promotion is held and should a doubt or dispute occur, it will be taken before the courts of that country.

11.14 The Promotion is not applicable in conjunction with any other offers/promotions offered by the Promoter.

11.15 Taxes and/or any additional costs or fees (if incurred) by a winner in relation to a prize are the sole responsibility of the winner.

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