Promotion Name
NIVEA Soft Fresh Batch 2023

Promotion Period Entry Dates: 1st July, 2023 to 20th September, 2023
Voting End Date: 20th September, 2023

Website Address
www.niveasoftfreshbatch.in

Promoter
NIVEA India Private Limited (“NIVEA” or “Promoter”)

Eligible Entrants / Participants
Entry to the Promotion is open to all Female Indian Resident in all States (Except in States like Jammu & Kashmir, Tamil Nadu and any other States where participation in such Promotion is prohibited by the Public Gaming Act, 1867 or any other applicable law), who is during the Promotion Period a (Under Grad) College Student between the age group of 18 years (completed) to 23 years and holds a valid student id proof from a recognized education institution and are competent to enter into a contract.

Any Eligible Entrant who fulfils the eligibility criteria and selected as a Participant can during the Promotion Period participate in this Promotion by:

• Pick their persona or tribe from the NIVEA Soft Fresh Batch official filter.

• Recording & posting the video entry on Instagram or Moj

• Uploading the video with the correct hashtags and tags:
  MOJ: #NIVEASoftFreshBatchHunt, @niveaindia, #participant
  Instagram: #NIVEASoftFreshBatch2023, @niveaindia, #participant

• Fill out the registration form on NIVEA website, the link of which will be shared by the brand on contest page.

Out of the Eligible Entrants who participate in the Promotion, the Promoter shall select up to 100 winners who have the most engagement on their videos uploaded on Instagram or Moj, along with following brand safety guidelines & best creative content, which shall be solely decided according to NIVEA’s discretion.

Each winner shall win a prize which can include:

• Chance to be a part of NIVEA India influencer campaigns for 1 year (the terms and conditions will be mutually accepted by parties).

• Invitation to the winners’ event hosted by NIVEA.

• Travelling and lodging arrangements (only Air Ticket of economy class) for winner’s event.

• Goodies and NIVEA Products in such quantity as decided by NIVEA at its sole discretion.

• Chance to feature in NIVEA digital advertisement, terms and conditions of which shall be such as may be decided by NIVEA at its sole discretion.

• Mobile Handset of such value and brand as may decided by NIVEA at its sole discretion.

• A meet & greet with some of India’s social media influencers.

• A content creation kit with ring lights, tripods etc.,

The Prize winners shall be announced by the Promoter or its agency within a period of forty (40) days from the expiry of the Promotion Period. Such winners shall be announced by the Promoter or its agency on NIVEA’s official social media Accounts and also by way of contacting them through Direct Messaging (DM) on their Instagram or Moj Account and / or sending them email on their registered email id or by sending SMS on their registered mobile number.

To accept / claim the Prize, the Prize winner must within 3 days of the Promoter or its agency announcing the winners (“Verification Deadline”), provide its name, valid identity proof, address proof, contact details, valid college ID cards and provide all information requested by the Promoter or its agency from time to time (“Required Information”). If the winner does not provide the Required Information by the Verification Deadline or does not fulfil any other condition of accepting the Prize, the winner will forfeit the Prize without any further intimation.

The Promoter shall after announcing the winners in the manner as stated above and after receiving the complete Required Information from the winners will host a live event for all the winners for distribution of Prizes at such time and venue as may be decided by NIVEA at its sole discretion provided however that hosting of any such event will depend on COVID-19 situation and shall be at the sole discretion of NIVEA. In the event, a live event cannot be held given the pandemic or any other reason, meet and greet with influencers & photoshoot will be done online, or may be cancelled in totality solely at NIVEA’s discretion. The details of advertisements, if any, with the winners will be decided at the sole discretion of NIVEA within a period one year of live event for distribution of Prizes. Prizes like Mobile handset, NIVEA Products and other goodies shall be provided on the date of event. NIVEA reserves the right to change or cancel any of the Prizes at its sole discretion based on circumstances.

• Information on how to enter and Prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.

• The Entrant is legally competent to enter into binding contracts under applicable laws.

• Entry is open only to Eligible Entrants in all States (Except in States where participation in such Promotion is prohibited by the Public Gaming Act, 1867 or any other applicable law) who fulfil the method of entry requirements; are 18 years of age or older; and are competent to enter into a Contract.

• Directors, officers, management, employees, consultants, suppliers (including Prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, are ineligible to enter.

• The selection of the winning entries will be at the sole discretion of the Promoter or its agency and shall not be open to any dispute or scrutiny. The Promoter or its agency will select the winning entries.

• The winner cannot demand the selective Prize they want. The Promoter or its agency would have the complete authority to decide which winner wins which prize. The decision of the Promoter or its agency shall be final and not open to any dispute or scrutiny.

• The Promoter or its agency may contact the winner for seeking any other additional information including the address where the Prize is to be dispatched, etc.

• The Prize shall be provided to the winner at a live event subject to the winner providing all the Required Information within the Verification Deadline. If the live event is not held due to any reason, the prizes will be sent to the registered address of the winner within 12 (twelve) months from the expiry of the Promotion Period. NIVEA reserves the right to change or cancel any of the Prizes at its sole discretion based on circumstances and decision of NIVEA in this regard shall be final.

• Entrants are responsible for any and all expenses that they incur in entering the Promotion and they will not be reimbursed regardless of whether or not they win a prize.

• All reels / texts / images / videos / recordings / footage / entries uploaded using the hashtags #participant, #NIVEAFreshBatchHunt, #NIVEASoftFreshBatch2023 and tagging @niveaindia, shall be subject to applicable laws and policies and including but not limited to NIVEA social media policy, Instagram policies, MOJ policies, public policy, law of land, etc.

• All reels / posts / text / images / videos / recordings / footage / entries / content / created by Eligible Entrants shall be the sole property of NIVEA India Private Limited and its group companies and shall not be open to any copyright or privacy rights or claims by the Entrants / Participants or any third party. The Participants here hereby unconditionally waive any and all claims that they have or may have in future in any jurisdiction to “moral rights” or rights of “droit moral” with respect to the Entries and they further acknowledge, confirm and agree that NIVEA, without the necessity of any further consideration or action from the Participants, shall have the right to make revisions, deletions, abridgments, enhancements and derivative works of the Entries and that NIVEA or its affiliates shall own all worldwide rights, title and interest in and to Entries and all such enhancements and derivative works. During or after the Promotion, NIVEA shall have the right to edit, alter, dub, store, archive, cache, reuse, republish, circulate and utilize the same (i.e. Entries) at its sole discretion which shall not be opposed by the Participants and they shall not raise any claims/rights, title, interest over it.

• NIVEA reserves the right to change, 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. Decision of NIVEA in this regard and in general with respect to this Promotion and the Terms & Conditions thereto shall be final, binding and non-contestable.

• In the event the Promoter comes to know that any of the winner have entered into any fraudulent means to win the promotion, for example: paying for likes, creating duplicate accounts, etc., such person shall be disqualified immediately and the decision of the Promoter shall be final and not open to any discussion in any manner.

• The Eligible Entrant is authorized to provide the Required Information to the Promoter or its agency and unequivocally consents to the use of such information by the Promoter or its agency.

• The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter or its agency will not advise an Entrant if their entry is deemed invalid.

• The Participant represents and warrants to the Promoter that all information and Entries, inter alia, including, but not limited to, any communications, software, photographs, text, slogans, punchlines, credos, videos, footage, graphics, music, songs, sounds, images and other material posted, submitted or recorded in any manner by the Participant or by NIVEA as part of the Promotion do not infringe or violate upon any other individual or organizational rights (including, without limitation, third-party intellectual property rights). The Participants shall be responsible for handling any such violation or infringement or alleged infringement and shall indemnify the Promoter from any claims, actions, demands, suits, proceedings, costs or damages (collectively, “Losses”) from violation, infringement or alleged infringement of the logo or trademark or the defense of a claim or any costs payable thereof.

• The Participants automatically grant the Promoter a perpetual, royalty-free, irrevocable, worldwide, non-transferable, non-exclusive right and license to publish, edit, alter, dub, archive, repost, reshare, retweet and display their Entries submitted in the Promotion and any intellectual property in relation to and arising out of such participation in the Promotion and footage thereof, which shall include trade publications, press releases, NIVEA print publications, e-papers electronic posts on NIVEA website(s), social media handles and accounts on such digital platforms, in any display format considered appropriate by NIVEA during and after the Promotion or any such use by NIVEA as it deems fit.

• The Participant hereby consents that all intellectual property in relation to and arising out of the Promotion including any communications, software, photos, text, slogans, credo, punchlines, videos, footage, graphics, music, sounds, images, Entries and other material submitted or recorded by the Promoter in any manner involving celebrities and Participants’ footage of the virtual hangout thereof (whether in whole or in part) are solely owned by the Promoter. The Promoter shall be at liberty to store, archive, cache, use, edit, alter, republish, reuse and monetize such intellectual property in any manner or format during or after the conclusion of the Promotion as it deems fit.

• The time of entry will be deemed to be the time the entry is received by the Promoter or its agency. Entries must be received during the Promotion period.

• The Promoter and its agency accepts no responsibility for any delayed, lost, incomplete, incorrectly submitted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter and its agency are not liable for any consequences of user error including (without limitation) costs incurred.

• The Promoter and its agency take no responsibility where it is unable to contact Prize winners who have not provided correct or complete Required Information. If an entrant's contact details changes during the Promotional period, it is the entrant's responsibility to notify the Promoter or its agency. A request to modify any entry information should be directed to the Promoter or its agency.

• The Eligible Entrant agree to receive communication(s) from the Promoter relating to the Promotion and participant unconditionally agrees not to make any claim or raise any complaint against the Promoter or its agency in this respect.

• The prize winner shall provide all the Required Information which is true, correct, complete and accurate in all aspects before the expiry of the Verification Deadline to the Promoter or its agency.

• The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an Entrant releases and indemnifies the Promoter from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize.

• The Promoter and its agency shall in no manner be held responsible or liable for any loss, expense, damage, personal injury or death which is suffered or sustained by the Prize winner (whether or not arising from any person’s negligence) in connection with this Promotion.

• The Promoter or its agency may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without any liability towards any Entrants. The Promoter or its agency reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the Prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter or its agency, whose decision is final. Failure by the Promoter or its agency to enforce any of its rights at any stage does not constitute a waiver of those rights.

• The Prize winner shall not transfer, exchange, re-sale the Prize and cannot exchange the Prize for cash in any manner whatsoever. The prize shall be for the personal use only. No complaints or grievances with regards to the Prizes shall be entertained.

• The Participant(s) agrees that she shall hold harmless the Promoter, its employees, officers, sub-contractors or any other person in connection with the Prizes won and/or in relation to the Promotion including, but not limited to, the procedure in the Promotion and shall also not file in person/through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against sponsor, advertiser and/or NIVEA to claim any damages or relief.

• The Promotion and these Terms of entry shall be governed by and construed in accordance with the laws of Republic of India and the Parties agree to submit to the exclusive jurisdiction of the courts in Mumbai.

• The Promoter or its agency may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of the Eligible Entrant’s entries in any and all media, whether now known or hereinafter created throughout the world and for any purpose without compensation to the Prize winners of any kind.

• The participant hereby consents to the Promoter and its agency collecting and using its personal information and any other information obtained from this Promotion. The entrant further consents to the Promoter using such personal information and other information for its marketing purpose.

• The Participant shall ensure that content creation and the views, advice and opinion, Content, shared by the Participant for Promotion shall be restricted to its respective field of expertise based on their experience, knowledge and in compliance with all the applicable laws.

• Promoter or its agency shall have a right to review and validate the Content shared by the Participant for legal, regulatory compliance and accuracy purpose. The Participant shall abide by the necessary directions given by Promoter or its agency for implementing the necessary changes/amendments including removal of part or entire Content from various mediums as deemed appropriate by Promoter or its agency whose decision shall be final and binding.

• The Participant shall not participate in any activities which would prejudice the goodwill and reputation of Promoter and/or Promoter’s product during the term of the Promotion Period.

• The Participant shall not take or engage in any action or conduct which would violate rights of any third party, impugn their character or reputation or that of their work.

• The Participant shall not engage in any situation or activity that, in the reasonable opinion of Promoter, brings Promoter into disrepute, contempt, scandal, or ridicule, or shocks, insults, or offends the public, or reflects unfavourably on Promoter’s reputation.

• The Participant shall always abide by the applicable provisions of the laws and agrees to follow the guidelines issued by the Advertising Standards Council of India and COVID - 19 regulations as amended from time to time.

• The Participant shall abide by the Promoter’s brand guidelines as may be communicated from time to time