MILO Terms & Conditions - Kenya

1. Introduction
1.1 Participation in the Nestlé Milo Scratch And Win Promotion (“Competition”) is governed by these terms and conditions (the “Rules”).
1.2 You, as the participant, are encouraged to review the Rules before entering into the Competition and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these Rules.
1.3 This Competition is operated by Nestlé Kenya Limited (“Nestlé”) in conjunction with Cugi Limited (the “Promoters”).
1.4 Your participation in the Competition constitutes acceptance of these Rules and you agree to abide by these Rules.

By participating in this Competition, Participants agree to the rules set out below.

2.This Competition is limited to legal residents and/or legal citizens of the Republic of Kenya. In addition, the following people shall not be eligible to participate in this Competition:
2.1 Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters.
2.2 Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.
2.3 People who are not legal residents and/or legal citizens of the Republic of Kenya.
2.4 Persons under the age of 18 years.

3. The Competitions shall commence and end as follows (“Competition Period”):

4. Competition Mechanics
4.1 Entry Mechanic:To participate in this competition, participants are required to purchase either a NESTLÉ MILO tin 200g or a NESTLÉ MILO tin 400g from participating supermarkets, scratch the surface to reveal a unique 8 character numeric code, and dial *459*50# and follow the prompts. All unique/positive entries will win instant MPESA cashback.
4.2 Participating Products:

• NESTLÉ MILO tins 200g
• NESTLÉ MILO tins 400g

4.3 Conditions of Entry: Participants may enter a maximum of two (2) unique 8 character numeric codes per twenty-four (24) hour period and a maximum of (eight) 8, unique 8 character numeric codes per month over the Competition Period to win, subject to the following conditions:
    a. All entries from disqualified participants' mobile numbers will be rejected;
    b. No computer-based entries will be accepted;
    c. Only 1 win per unique code;
    d. Composition of wrong codes, guessed codes, or mistyped codes from the label, will result in a regret message and a prompt to call the customer care line;
    e. Use of a code sent will result in a regret message saying the code on the label has already been used and prompted to call the customer care line;
    f. Any additional entries beyond the maximum entries per twenty-four (24) hour period will be blacklisted;
    g. No rewards will be disbursed to blacklisted participants. Blacklisted participants will be asked to contact Customer Care on +254741539909 to verify their entry. Upon successful verification, a Customer Care Rep will whitelist the blacklisted participants and any pending disbursements may be made to the Participant.
4.4 Blocked Participants have an opportunity to call the NESTLÉ MILO Scratch & Win Promotion Call Centre on +254741539909 between 8am to 6pm from Monday to Friday and 8am to 1pm on Saturday should there be a valid reason, which is accepted by the Promoters, for the Blocked Participants to be allowed to enter the Competition.
4.5 Participants must enter on a Mobile phone that is owned and registered to that person and MPESA enabled. No other person can use another person’s Mobile phone for Competition entry purposes. The Mobile phone number is key to all entries, if the entrant has won on a Mobile phone number they cannot use another number in order to be contacted further, this number needs to be a number that is contactable during office hours. If it is discovered that participants have entered on a phone that is not registered to them, they will be disqualified and the entrant will be requested to refund the prizes to the Promoters.

5. The Prizes
Participants in this Competition will receive instant Safaricom MPESA cashback as follows:

6. Promotional Material and Marketing Activities
6.1 The Promoters may require the winners (at no fee) to be identified, photographed and the photograph or related article published in printed media, or to appear on radio and television.
6.2 Should this become necessary, the winners may be required to sign a letter of consent and the Promoters shall have the right to use any photographs of any of the winners in perpetuity.
6.3 The winners have a right to decline the invitation to use their image in marketing material or to participate in any marketing activity.

7. General
7.1 These terms and conditions are subject to interpretation by Nestlé and any questions or disputes shall be resolved by Nestlé and the decisions reached thereafter shall be final.
7.2 MPESA cash back received can be transferable to third parties, however, it cannot be exchanged for other prizes.
7.3 Nestlé does not require participants to send money, airtime or mobile money funds or any other consideration in order to participate or claim any prize in this Competition, and Nestlé will not be liable for any losses or other damage incurred by any person who does not heed this caution.
7.4 Prize visuals on any competition and/or promotional materials are for illustrative purposes only.
7.5 By entering, a Participant acknowledges that personal data about the Participant may be shared with the Promoters and their agents to the extent necessary to conduct the Competition.
7.6 In terms of the data protection laws and Nestlé’s Privacy Notice (https://www.nestle-esar.com/info/privacy), Nestlé and/or the Promoters may have to process the following personal data receive directly from and belonging to the Participant: name; address; email; cell phone or telephone contact details; and certain preferences about you (where and if applicable). The Participants’ personal data will be shared on a need to know basis with certain third parties, for the purposes of giving effect to this Competition, including lawyers, advertising agencies, auditors, and/or regulators. Whilst we hold the Participant’s personal data, we will keep it safe and secure until the purpose for holding it has come to an end, whereafter it will be destroyed, and you accept that by entering into this Competition that you agree that we may process your personal data as indicated above.
7.7 For more details on how we may deal with your personal data please see our standard Privacy Notice on our website - https://www.nestle-esar.com/info/privacy. For any questions or clarifications regarding the processing of your personal data, you may contact us by emailing [email protected] or Dial +27 86 009 6116/+27 11 514 6116.
7.8 By entering this Competition, you authorize the Promoters to process the personal data of Participants for communication or statistical purposes. Any personal data submitted by you will be used solely in accordance with current Republic of Kenya data protection legislation and Nestlé’s Privacy Policy (https://www.nestle-esar.com/info/privacy). For any questions or clarifications regarding the processing of the Participant’s personal data, you may contact us by emailing [email protected] or Dial +27 86 009 6116/+27 11 514 6116
7.9 Participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall at all times be entitled to decline the above request. Participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of the Promoters.
7.10 Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoters in terms of the Consumer Protection Act of 2012 (the “Act”).
7.11 All Participants participate entirely at their own risk. By reading and accepting these Rules, the Participants give consent to these risks and hereby indemnifies and holds harmless the Promoters, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the Competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the Promoters.
7.12 The Promoters, their directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the Participants, or accept any liability for: (a) any inability by the Participant to use the prize in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize. Any persons attempting to make false claims shall be prosecuted.
7.13 The Promoters, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than the Promoters themselves.
7.14 Although Nestlé has used reasonable efforts to ensure that all information and materials relating to the promotion are accurate, Nestlé shall not be liable for any inaccuracy or errors in such information and/or material. Nestlé, its agents and sub-contractors will also not bear responsibility for any loss or damage to a participant, whether caused by self or any third party, arising from:
    a. Matters outside the control of Nestlé, its agents and sub-contractors including but not limited to force majeure events such as acts of God, computer viruses, power outages, etc;
    b. any technical failure or malfunction or any other problem with any machine, telephone network or system, service provider software or otherwise which may result in missing characters in the promotional packs, any entry being lost or not properly received, registered or recorded;
    c. any unforeseen defects in promotional materials supplied or manufactured by third parties including but not limited to labels;
7.15 The Promoters reserve the right to terminate or extend the Competition at any time. In the event of such termination or extension, all Participants agree to waive (give up) any rights that they may have in terms of the Competition and acknowledge that they will have no recourse against the Promoters, their advertising agencies, advisors, suppliers and nominated agents.
7.16 By entering the Competition, Participants acknowledge that the Competition will be managed in accordance with the provisions of the Act. Participants undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the Act including, but not limited to providing such personal data as may be required in order to facilitate handing over the prize to the Participant. Should any Participant refuse or be unable to comply with this requirement, the Participant shall be deemed to have forfeited the prize.
7.17 Notwithstanding anything to the contrary contained in these Rules, the Promoters reserve the right to amend, modify, change, postpone suspend or cancel this Competition, the Rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which the Promoters deem necessary. At the end of the Competition for whatsoever reason, all of the Promoters’ obligations in regard to the Competition as well as in regard to the prizes shall cease to exist.
7.18 Any acts of negligence by the employees of Nestlé, the Promotor or any other service providers involved in this Promotion or their agents, associates and assigns and a;; errors and/or omissions related to this Competition and/or promotional products should be reported in writing to Nestlé within 7 days of discovery of the error or omission. Nestlé does not warrant that all errors and omissions can be resolved to the satisfaction of Participants, or at all and therefore errors and omissions are exempted.
7.19 These Rules shall be governed by and interpreted according to the laws of the Republic of Kenya and any Participant and Nestlé consent to the non-exclusive jurisdiction of the High Court of Kenya.
7.20 If any term or provision of these Terms and Conditions is held to be illegal or unenforceable, the validity or enforceability of the remainder of the Terms and Conditions shall not be affected.
7.21 For further information or enquiries please email our consumer services at [email protected] or Dial +27 86 009 6116/+27 11 514 6116.