Terms and Conditions
“CENTER FRESH LOVE SONGS”
CAMPAIGN TERMS AND CONDITIONS
The following Terms and Conditions (“Rules”) govern your participation in the “Center fresh Love Songs” campaign ("Campaign") as sponsored by Perfetti Van Melle India Private Limited (“Center fresh”) and provided by Saavn Media Limited (“JioSaavn”). By participating in the Campaign, you (“Participant”, “You”, “Your”) hereby agree to be bound by these Rules. These Rules are an integral part of the JioSaavn Terms of Use and JioSaavn Privacy Policy, and by participating in the Campaign you hereby irrevocably agree to the terms as set out in JioSaavn Terms of Use and theJioSaavn Privacy Policy .
- WHAT IS THE CAMPAIGN ALL ABOUT?
A Participant who agrees to participate in the Campaign can share a dedication (“Sender”), with a recipient of their choosing (“Receiver”) through the Campaign which will be hosted on a microsite at https://centerfreshlovesongs.jiosaavn.com on the JioSaavn Platform (“Platform”).
The Sender will need to provide certain details in order to create a unique link with a playlist (“Playlist”) that may be shared with the Receiver. The unique link which will be created and shared by the Sender with the Receiver will also let the Receiver access an audio message and stream the Playlist only on the Platform.
The Campaign Start Date will be January 1, 2023 and will continue up to and including June 30, 2023.
Please note: The above paragraph is provided solely as a summary of the Campaign. Your eligibility and participation in the Campaign are governed by the specific terms and conditions as set forth below.
- HOW TO PARTICIPATE IN THE CAMPAIGN?
In order to participate in the Campaign, the Sender has to do the following:
- Purchase a unit of the Center fresh Fruity Mint Flavour chewing gum (“Product”) and scan the Quick Response Barcode (“QR Code”) on the Product.
- Once the Sender scans the QR Code on the Product, they will get a link that will take them to the Platform via the browser of their device (Mobile or Desktop).
- Once the Sender is on the Platform, they will be prompted to fill in the details requested via a set of predetermined and non-editable entries accessed through a dropdown style box (“Inputs”) as follows:
- Sender Name;
- Receiver Name;
- Request for the relation between Sender and Receiver;
- Request the type of music for the Playlist;
- Request the preferred language for a Playlist;
- Select a message in audio format which the Sender wants to dedicate to the Receiver.
- Vocal tone (Male or Female) in which the Sender wants to share the message with the Receiver.
- All Inputs provided by the Sender will be used to generate a Playlist and a message in audio format (“Dedication”).
- Unless the Sender provides all the Inputs as required under Clause 3, the Dedication will not be created.
- If a Playlist generated via the Inputs provided is not to a Sender’s preference, such Sender may click on the “Create a new playlist” button and provide a new set of Inputs as per Clause 3, until the Sender generates a Playlist which is to their preference and liking.
- The Sender will then have the option to share the Playlist which has been generated with a Receiver of their choice in the following manner:
(i) Desktop Browser
- If the Sender chooses to share the Playlist through the Platform on a desktop, they may click on the “Share your Playlist” button on the Platform;
- Once the Sender clicks on the “Share your Playlist” button, a link will be generated and the link will be copied on the clipboard;
- Once the Link is copied on the clipboard, this link can now be shared by the Sender with a Receiver of their choice through Whatsapp, FB messenger, any other social media messaging applications/platforms;
OR
(ii) Mobile Browser
- If the Participant chooses to share the Playlist through the Platform on the mobile browser, the Sender may click on the “Share your Playlist” button on the Platform;
- Once the Sender clicks on the “Share your Playlist” button, a list of applications (Whatsapp, FB messenger, any other social media messaging applications/platforms) that allow link sharing, and are installed on the Sender’s device, will be automatically populated;
- The Sender can then choose an application from the populated list and will have the option to share the link with a Receiver of their choice through any such application.
- Once the Sender shares the link with the Receiver, the Receiver may choose to access the Link which will take the Receiver on the Platform and:
- Present the Dedication from the Sender to the Receiver; and
B. Provide the Receiver the option to listen to the Audio Message from the Sender; and
C. Provide the Receiver with the option to stream/play the songs from the Playlist as shared by the Sender only on the Platform.
- If the Receiver so chooses to, they may also choose to provide the Inputs as required under Clause 3 and create a Dedication of their preference in the manner provided in this section.
C. GENERAL TERMS
- The Participant must be a person over the age of 18 as of the start date of the Campaign.
- All information provided by the Participant must be actual, true and accurate. If the Participant provides any false information in any manner whatsoever, JioSaavn will have the right to bar the Participant from this Campaign.
- The Participant agrees that the use of the Platform and the Campaign shall be for the purpose as provided in these Rules and not maliciously and with an intent to harass any person in any manner whatsoever.
- The Participant will ensure that the Dedication or any part thereof do not:
- Contain any combination of inputs that may be construed as obscene, derogatory, intimidating, inappropriate or harassing; and
- Shall not violate the rights of any third party, including, but not limited to, privacy rights, copyrights, trademark rights and/or any other intellectual property rights; and
- Shall not contain any content deemed to be abusive, racially, ethnically objectionable, disparaging, harmful, blasphemous, defamatory, obscene, libellous, or hateful towards any class of citizens, the National Flag of India and the Constitution of India; and
- Shall not contain any content deemed to be relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; and
- Does not harm minors in any way; and
- Does not violate any law for the time being in force; and
- Does not deceive or mislead about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; and
- Does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
- Participants shall not post abusive comments on JioSaavn, Center fresh and the Campaign’s social media pages and channels. In the event of any such profanity or abusive comments posted on the foregoing pages, JioSaavn reserves its rights, in addition to removing such posts, to take any legal action against such Participant including the right to claim damages.
- The Participant agrees that he/she shall not hold JioSaavn and/or their employees, Center fresh or their employees, responsible for delays by reason of “Force Majeure” such as acts of God, explosion, labour dispute, failure of utilities, governmental interferences, state of war, pandemics or any other act beyond the reasonable control in connection to this Campaign.
- Intellectual Property Rights. Nothing contained in these Rules constitutes a licence in favour of the Participant to the Songs and/or Playlists or use the intellectual property owned by JioSaavn and Center fresh such as trademarks, service marks or logos save and except for the purposes limited under this Campaign, and any use of the same shall be permitted only as per these Rules.
- The Campaign is limited to the Republic of India. All federal, state and local laws and regulations apply. Subject to any government approval that may be required, JioSaavn reserves the right to, without prior notice and at any time, terminate the Campaign in whole or in part, or modify the Campaign in any way, should any factor interfere with its proper conduct as contemplated by these Rules or any other breach to the Rules.
- Indemnification. You agree to indemnify and hold harmless JioSaavn and Center fresh from all liability resulting from or arising from the Campaign, and hereby acknowledge that JioSaavn and Center fresh have neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact, or in law, relating to the Campaign.
- Limitation on Liability. JIOSAAVN OR CENTER FRESH WILL NOT BE LIABLE TO YOU FOR DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE OR OTHER DAMAGES WITH RESPECT TO THE CAMPAIGN OR OTHERWISE RELATED TO JIOSAAVN’S PERFORMANCE IN CONNECTION WITH THIS CAMPAIGN, INCLUDING BUT NOT LIMITED TO LOSS OF DATA AND CONTENT WITHIN THE DEDICATION, OF WHETHER THE CAUSE OF ACTION IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE COMPANY HAS BEEN ADVISED THAT SUCH DAMAGES ARE LIKELY OR POSSIBLE.
- JioSaavn reserves the right to suspend or cancel the Campaign at any time at its sole and exclusive discretion.
- JioSaavn may revise these Rules at any time at its sole discretion by posting an updated version of the Rules. Any Rules changes will be effective upon posting on the Platform and therefore, Participants are advised to regularly check for the updated Rules and no correspondence in this regard will be entertained. Your continued participation in the Campaign after a change to these Rules constitutes your binding acceptance of these Rules.
- Jurisdiction and Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of The Participant and JioSaavn in connection with the Campaign, will be governed by, and construed in accordance with, the substantive laws of India. The exclusive jurisdiction and venue of any action arising out of or related to these Rules will be the Courts in Mumbai, and you agree and submit to the personal and exclusive jurisdiction and venue of these courts.