Celebrations - MyBirthdaySong

A personalised birthday song for everyone!

Terms and Conditions

Part1

This “Cadbury Celebrations- My Birthday Song” Activation (hereinafter referred to as "Campaign") of Mondelez India Foods Private Limited having its registered office at Unit No 2001, 20th Floor, Tower-3 Wing-C, One International Center Parel, Mumbai- 400 013 (“Mondelez”) is managed through the service provider. The Campaign will utilize generative artificial intelligence technology i.e. an artificial intelligence chatbot of a leading third party service provider (“AI Platform”) to generate a customized birthday song for You. Other types of artificial intelligence technology would also be used to generate customized vocals. The Campaign including the aspect of application of artificial intelligence technology to generate lyrics, adding vocals and music in order to create a customized birthday song for You, is managed by our partners.

This Campaign is applicable only in India.

Your participation in this Campaign is subject to your acceptance of the terms and conditions contained herein under Part 1 and Part 2 ("T&Cs"). Please read and understand the T&Cs before participating in the Campaign.

For the purposes of these T&Cs, wherever the context so requires "You" or "Your" shall mean any natural person who is qualified to participate in the Campaign and “We’, ‘Us” and ‘ Our’ shall mean Mondelez as the context so requires.

Participation in this Campaign is voluntary and at your sole discretion. You agree that, if you chose to participate in this Campaign, you will be bound by these T&Cs and you acknowledge that you satisfy all Campaign eligibility requirements as provided herein below.

To participate in the Campaign, You will have to scan the QR code printed on the pack of ‘Celebrations’ and respond to a questionnaire (“Inputs”) to enable the generation of the birthday song. The AI Platform will be utilized to generate a customized birthday song (“Output”) basis the Inputs/choices You made.

Your Participation in the Campaign shall be that of sharing Inputs for creation and approval of the lyrics, choice of music and vocals for the customized birthday song. You can download and share the Output with the person for whom you had generated the Output i.e. the birthday song.

Participation in this Campaign does not entitle the Participant or the person for whom you are generating the Output, any rights in the intellectual property of the Output generated through the Campaign. You waive, any right of ownership or claim on the Output created basis Your answer(s). Mondelez shall be entitled to display or run the Output on any channel or medium including social media, movie halls, podcast. digital music platform etc. with no obligation to You or to the person for whom you have generated the birthday song/Output. Display or running of the Output by Mondelez on any platform does not entitle the You to any other monetary reward or consideration, whatsoever.

1. ELIGIBILITY:

1.1. You need to fulfil the following eligibility criteria to participate in the Campaign:

1.1.1. You need to be a natural person of an age 18 years or above at the time of entry into the Campaign;

1.1.2. You should be an individual legal resident and citizen of the Republic of India;

1.1.4. You shall be legally competent to enter into binding contract under the applicable laws of India.

1.2. All persons who fulfil all of the eligibility criteria as above and participates in the Campaign shall individually be referred to as “Participant” and collectively referred to as “Participants” for the purpose of these T&Cs.

1.3. The Campaign is subject to all applicable central, State and local laws and regulations of India. The Campaign may at any time at Our sole discretion be terminated/ cancelled/amended/suspended for any reasons without providing any prior notice to the Participants. No claims/questions shall be entertained in this regard.

1.4. We reserve the right to exclude or disqualify any person from the Campaign on grounds of: (a) misconduct or criminal record or acted or have the intention to act in a dishonest or fraudulent manner or in bad faith; (b) tampering with the entry process or the operation of the Campaign; (c) acting in violation of these T&Cs; (d) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person; (e) being offensive, distasteful, unacceptable or which may be considered disparaging; or (f) for any other reasons, as it may deem fit and proper.

2. DETAILS OF THE CAMPAIGN AND HOW TO ENTER:

For details of the Campaign and how to enter, refer to Part 2.

3. ADDITIONAL TERMS

3.1. Through the Campaign, Mondelez only intends to engage with the valued consumers of ‘Cadbury Celebrations’ to provide an opportunity to them for a personalized gifting experience. You acknowledge that You are solely responsible to the person for whom the birthday song or Output is generated basis your Inputs and approval of the Output. Mondelez will not be responsible in any manner to the person for whom the birthday song or Output is generated or its display/exhibit. By entering the Campaign, the Participant hereby releases Mondelez from and agrees to indemnify Mondelez and any of their respective officers/employees/directors/representatives/agents from and against all liability, cost, loss or expense arising out of participation in the Campaign including (but not limited to) personal injury and damage to property or any violation of intellectual property rights of a third party or any claim or challenge raised by the person for whom You have generated the Output or violation of any law and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.

3.2 Mondelez will not be responsible for: (a) any SPAM generated messages; (b) any SMS/WhatsApp/other messaging service message delivery failures; (c) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by You or by any of the equipment or programming associated with or utilized in the Campaign, or by any technical or human error that may occur in the processing of entries; (d) any printing or typographical errors in any materials associated with the Campaign; (e) any error in the operation or transmission, theft, destruction, loss, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the internet or at any website; (f) injury or damage to Your or any other computer or mobile resulting from downloading any materials in connection with the Campaign; (g) if the Participants do not have mobile phones or other gadgets or means that support the Campaign link/technical requirements; (h) if the Participant has registered himself/herself 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/contests; (i) other conditions beyond our reasonable control or any Force Majeure Event.

3.3. Any attempt to deliberately damage the website of the Campaign or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Campaign may be a violation of criminal and civil laws. If We incur any costs in connection with any breach of these T&Cs by the Participant or any other legal obligation by the Participant, the Participant agrees to indemnify Us for those losses, damages, and costs.

3.4 We will not be 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 entrant's or any other person's mobile handset or computer related to, or resulting from, participation in this Campaign or the downloading of any materials related to this Campaign.

3.5 Mondelez and/or its respective affiliates, and their officers, directors, employees accept no liability and shall not be responsible and/or liable in any manner whatsoever in case the Participant is unable to participate for any reasons whatsoever including due to failure on the part of the telecom operator, facility provider, internet issues, device compatibility, capacity constraints. etc.

4. MISCELLANEOUS:

4.1. This Campaign is being made purely on a "best effort" basis and participation in this Campaign is at your sole discretion and on a voluntary basis.

4.2. In the event of any directions of the Government applicable for Participants, You shall ensure due compliance to the same and Mondelez cannot be held liable for any noncompliance in that regard.

4.3. You agree that all decisions related to the Campaign made by Us are final and binding on You. Failure by Us to enforce any of these T&Cs in any instance shall not be deemed to be a waiver of the T&Cs and shall not give rise to any claim by any person.

4.4. We will not be liable for any costs incurred by You in connection with Your participation in the Campaign. Announcements and information about the Campaign shall be posted on the same page where these T&Cs are posted.

4.5. Any disputes, complaints, queries pertaining to this Campaign to be directed to [Mondelez]. The Participant can reach out to Mondelez at 1800 22 7080 or suggestions@mdlzindia.com

4.6. If You are dissatisfied with the Campaign or any aspect of the Campaign including the Campaign rules, any content, any requirements of the Campaign form, the materials available related thereto, these T&Cs, etc., Your sole and exclusive remedy is to not participate in the Campaign.

4.7. We accept 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. Mondelez shall not be liable for any consequences of user error including (without limitation) costs incurred.

5. INTELLECTUAL PROPERTY RIGHTS:

5.1. All right, title and interest, including but not limited to the intellectual property rights in the Output or in the promotional material(s) related to the Campaign shall vest solely and exclusively at all times with Us , as the case may be. We or any person or entity permitted by Us in this regard shall be entitled to use the responses/material or any information in connection with the participation, received in any medium whatsoever, for all its future promotions, marketing, publicity and/or any other purpose, without any permission and or payment to the Participant. Neither You nor the person whom you have generated the Output have any the intellectual property rights in the Output created in the Campaign.

5.2. By participating in the Campaign, You assign irrevocable and perpetually the copyright in the customized birthday song to Us for all purposes of this Campaign and other related purposes. You waive, any right of ownership or claim on the customized song created basis Your answer(s). The Output shall be Our exclusive property. You hereby grant Us, a perpetual, non-cancellable, sub-licensable, worldwide license to use any intellectual property in the customized song to the extent necessary for Campaign or related purposes. You permit that We may use the customized song in any medium in any manner it deems fit for purposes related to the Campaign.

6. PERSONAL INFORMATION AND PRIVACY POLICY:

6.1. When You participate in the Campaign, We may collect, receive, possess, use, store, handle, transfer, process and otherwise deal with personal information which is provided by You. This information may vary but will typically include information like first and last name, mailing address, complete date of birth, e-mail address, contact number, identity verification documents and details therein, etc. By participating in the Campaign and/ or by providing information, You consent to the collection, receiving, possession, use, storage, dealing, processing, sharing and handling of the information including personal information You disclose to Us.

6.2. Please also visit the Privacy Notice of Mondelez the Campaign Home Page where these T&Cs are posted, to understand and acknowledge what we do with your information including your personal data. Please note that your acceptance of these terms and conditions and Your participating in the Campaign and/ or providing the information is deemed to signify your agreement to the Privacy Notice as well and the necessary consent to what could be done with the information including personal data You provide as described in the Privacy Notice. Please also visit the privacy notice available on the website of the Campaign https://www.cadburymybirthdaysong.com/terms-and-conditions to understand the nuances of data collection, sharing and processing.

6.3 Participants hereby authorize Us and/or Campaign Partner to use the personal data shared in connection with the Campaign. It is important to remember that whatever You transmit or disclose can be collected and used by others or unlawfully intercepted by third parties. No data transmission can be guaranteed to be 100% secure. While we strive to use commercially reasonable means to protect Your information, We cannot warrant the security of any information You transmit to Us. 

6.4 Your personal information may be retained and may continue to be used until: (i) the relevant purposes for the use of Your information described in this clause are no longer applicable; and (ii) We and/or Campaign Partners are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain Your personal information and the retention of Your personal information is not required for the establishment, exercise or defense of any legal claim. 

7. FORCE MAJEURE:

This Campaign is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, legal restrictions, lockdowns or related restrictions, act of God or any circumstance beyond the reasonable control of Mondelez ("Force Majeure Event"). Mondelez shall not be liable for any delay or adverse effect caused to the Participants in the Campaign as a result of a Force Majeure Event.

8. GOVERNING LAW AND JURISDICTION:

8.1. The courts of competent jurisdiction at Mumbai shall have sole and exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Campaign. Participation in the Campaign is unauthorized in any jurisdiction that does not give effect to all provisions of these T&Cs, including (without limitation) this clause.

8.2. Further all issues and questions concerning the Campaign, it shall be governed and construed in accordance with the laws of the Republic of India.

9. PUBLICITY:

By participating in the Campaign, You give Us permission to use Your name, likeness, images, videos, voice, appearance and the like as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like (“Publicity Material”), provided or taken or made in relation to the Campaign and any promotions, events, or Campaigns to follow. You agree that We have the right to publish the Output for any communication, promotions, events or other campaigns related to Mondelez and its brands. You agree that We have complete ownership of Publicity Material, including the copyright therein, and may use them for any purpose. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the internet. You acknowledge that you will not receive any compensation for the use of the Publicity Material. and hereby release Us and our agents and assigns from any and all claims which arise out of or are in any way connected with such use.

10. LIABILITY RELEASE:

10.1. By participating in the Campaign, you will be legally bound hereby, to release from liability, and hold harmless, Mondelez and any of its / their respective affiliates, employees, directors, representatives and agents for any matters and for any and all liability in relation to this Campaign.

10.2. By participating in this Campaign, you agree to indemnify Mondelez and any of its/ their respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of participation in the Campaign including (but not limited to) personal injury and damage to property or any claims raised by any person and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.



PART 2

DETAILS OF THE CAMPAIGN AND HOW TO ENTER

The terms and conditions under Part 2 shall be in addition to the terms and conditions contained in Part 1 of the T&Cs.

1. Campaign Period:

The Campaign will start at 00:01 a.m. st 22nd July 2023 and end 11:59 p.m. on 22nd July 2024 ("Campaign Period"). Any participation before or after the Campaign Period will not be considered. We reserve the right to cancel/modify/extend the Campaign Period or the T&Cs applicable to this Campaign without giving any prior notice to You. No claims/questions shall be entertained in this regard.

2. How to Participate

  • To participate in the Campaign, You shall scan the QR code printed on the Celebrations pack and you will reach the Campaign microsite www.CadburyMyBirthdaySong.comYou shall register on the microsite by providing your name, email id and mobile number.
  • On the microsite, You will be asked provide answers to a standard preset questionnaire template (“Inputs”) viz. name of the person for whom you are generating the Output, his/her favorite food/colour etc.and select a voice (Male/Female) and genre for creation of the Output. Based on your Inputs, the services of a leading AI Platform is used by our partners to generate a customized birthday song for You.
  • You will have the option to either regenerate the lyrics of the song or proceed with the customized birthday song. Once You approve the lyrics, You can download the customized birthday song and share it with the person for whom it was generated.
  • You acknowledge that Your Inputs should not be offensive, abusive, obscene, political, religious, derogatory, or inducing hatred, violence or disparaging in any manner. Your Inputs should adhere to ethical & moral standards. Your Inputs should also not contain the Intellectual Property of any third party.

3. Roles & Responsibility of Parties Involved:

  • Inputs provided by You for generation of lyrics/Output shall not be false, obscene, disparaging, derogatory or harmful or hurtful statements. You undertake that You are generating the Output with a bonafide intent to offer a unique customized gifting experience. You undertake that all the liability and responsibility for the Input would be solely with You. Mondelez and any of its / their respective affiliates, employees, directors, representatives and agents would have no liability whatsoever on such Inputs shared by You.
  • You further acknowledge that generative artificial technology which is applied for generation of lyrics can get things wrong, suffer from bugs, and provide factually incorrect or distorted Outputs (“Hallucinations”). Hallucinations can appear convincing and may be hard to detect. As the lyrics are generated through AI Platform basis the Inputs provided by You, You shall confirm that the lyrics generated is appropriate and in accordance with Your Inputs. Mondelez shall not be responsible for Hallucinations or incorrect lyrics or incorrect Output.
  • You hereby releases Mondelez from and agrees to indemnify Mondelez and any of their respective officers/employees/directors/representatives/agents from and against all liability, cost, loss or expense arising out of any claims or challenges on the Input, lyrics generated based on your Inputs and/or Output including any claim or challenge from any third party including the person for whom you have generated the Output.
  • Our partners are using an existing AI Platform to generate lyrics for You basis the Inputs and terms of use of such AI Platform. Mondelez and our partners are not associated with the AI Platform and the services of the AI Platform used for the Campaign is generally made available by the AI Platform for purposes like the Campaign. Inputs/Output are sent to the servers of the AI Platform where it is stored and continuously used to train the AI model. AI Platform may also be distributed in the form of an open-source training set for other developers to use. Such AI Platform may store and use the Inputs shared by You/ Output generated by You. Therefore, You should not share any confidential or sensitive data (including names, addresses, IP addresses, voice recordings, and photographs of people) as Inputs. Mondelez shall not be liable for processing and use of the Inputs/Output or data shared by You by the AI Platform. By Your Participation in this Campaign, you are agreeing to release Mondelez from any liability for collection, storage and use of Input and Output by such AI Platform.

4. The campaign is intended to be run purely on a "best effort" basis and is subject to applicable law.

5. Your Participation in the Campaign shall only be limited to extent of sharing Inputs for creation of the Output i.e. customized birthday song. You can download and share the customized song with the person for whom You generated the Output.

6. Participation in this Campaign does not entitle the Participant or the person for whom Output is generated, any rights in the intellectual property of the customized birthday song created during the Campaign. By participating in the Campaign, You assign irrevocable and perpetually the copyright in the customized birthday song to Mondelez for the purposes of this Campaign. You waive, any right of ownership or claim on the customized song created basis Your answer(s).

7. Any disputes, complaints, queries pertaining to this Campaign to be directed to Mondelez. The Participant can reach out to Mondelez at 1800 22 7080 or suggestions@mdlzindia.com. If You are dissatisfied with the Campaign or any aspect of the Campaign including the Campaign rules, any content, any requirements for Your participation, the materials available related thereto, these T&Cs, etc., Your sole and exclusive remedy is to not participate in the Campaign.