Ratthi Consumer Promotion:
"Ratthi Nuwanakkara Awurudu Wasi" Terms and Conditions
- These terms and conditions relate to the "Ratthi Nuwanakkara Awurudu Wasi" consumer promotion Competition ("Terms and Conditions"). Information on the manner of Entry as well as the Prizes form part and parcel of these Terms and Conditions, and Entry to the Competition shall be deemed to be acceptance of these Terms and Conditions (including any modification, revision or amendments thereto).
- The Promoter is Fonterra Brands Lanka (Private) Limited, a company duly incorporated under the Companies Act, No. 07 of 2007 (as amended) bearing company number PV 19100 and having its registered office at No. 100, Delgoda Road, Biyagama ("Promoter").
- The Competition is carried out by the Promoter for the purpose of promoting the Products whereby a maximum of Five Thousand Seven Hundred (5,700) lucky participants shall be eligible to win (i) a Cash Prize worth Rupees One Hundred Thousand (Rs. 100,000) each; or (ii) contribution to electricity and/or water bill worth Rupees Ten Thousand (Rs. 10,000) each; or (iii) One (01) month's supply of Ratthi Full Cream Milk Powder products each, totalling the value of the Prizes awarded amounting to Rupees Fifty-Four Million Nine Hundred and Ninety Thousand (Rs. 54,990,000/). The Competition is subject to these Terms and Conditions set out herein.
Definitions and Interpretation:
- "Agents": shall have the same meaning as stipulated in Clause 11.4.
- "BIB": Bag-in-Box (BIB) type Ratthi Full Cream Milk Powder packs (400g or 1kg) & Ratthi kiri thea (200g & 400g)packs.
- "Cash Prize": shall have the same meaning as stipulated in Clause 4.11.(a).
- "Competition": shall mean the competition carried out by the Promoter for the purposes of promoting the Products, whereby the participants shall send the Promotional Codes in accordance with the procedure set out herein, to win the Prizes as set out in Clause 7.
- "Consignment Agent": refers to an individual or business entity appointed by the Promoter (consignor) to serve as an intermediary or representative for the sale of the Products, and to act as the distributor of the Prizes.
- "Entry”": shall mean entering into the Competition by sending in the Promotional Code (and other required information as set out herein), in the manner stipulated herein or as instructed on the Promotional Pack or otherwise (where applicable).
- "Family Members": shall mean spouse, ex-spouse, parent, step-parent, grandparent, uncle, aunt, niece, nephew, natural or adopted child, and sibling or step-sibling of a person, whether or not they live in the same household.
- "Independent Auditor": shall have the same meaning as stipulated in Clause 9.
- "Intellectual Property": shall mean any and all intellectual property rights of any nature anywhere in the world whether registered, registrable or otherwise, including patents, utility models, trade-marks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, know-how and any other intellectual property rights which subsist in materials, computer programs, websites, documents, information techniques, business methods, drawings, logos, instruction manuals, resources, sound and/or video recordings, lists, procedures, particulars/information of participants, marketing methods and advertising literature, including the “look and feel” of any websites, other resources or otherwise.
"Prize": shall mean one of the following:
- a. Cash Prize; or
- b. contribution towards Electricity and/or Water bills; or
- c. one month's supply of Ratthi products, consisting of three (3) 400g packs of Ratthi Full Cream Milk Powder
"Prizes on Offer": shall mean the following:
- a. Two Hundred (200) cash prizes valued at Rupees One Hundred Thousand (100,000) each;
- b. Two Thousand Five Hundred (2,500) contributions towards Electricity and/or Water bills valued at Rupees Ten Thousand (10,000) each;
- c. Three Thousand (3,000) gifts of one month's supply of Ratthi Full Cream Milk Powder (consisting of three (03) 400g packs)
- "Product": shall mean “Ratthi Full Cream Milk Powder” in 400g and 1Kg BIB type packs, available in both promotional and regular packaging formats and Ratthi 3in1 Milk Tea in 200g & 400g BIB type packs, available in both promotional and regular packaging formats.
- "Promotional Code": shall mean the code (which begins with the letter ‘L’) that is printed on the inner foil pack of the Product packaging during the Promotional Period. This code will begin with the Letter “L” and will contain Twelve (12) more additional characters or numbers, in no particular order.
- "Promotional Pack": shall mean the special promotional packaging of the Products available in the market during the Promotional Period. This Promotional Pack will clearly communicate the mechanics of how a consumer should participate in the Competition.
- "Promotional Period": shall mean the period commencing from 19th February 2024 (8.00 a.m.) to 30th April 2024 (11.59 p.m.) or such other period as decided by the Promoter under Clause 6.3.
- "Proof of Purchase": shall have the same meaning as stipulated in Clause 6.5.
- "Winner Announcement": shall have the same meaning as stipulated in Clause 6.5.
- "MS": shall mean Short Message Service.
- "SMS Mask": shall have the same meaning as stipulated in Clause 5.2.
In this document, unless the context otherwise requires or specifically otherwise stated:
- clauses and paragraph headings shall not affect the interpretation of these Terms and Conditions.
- where a word or a phrase is defined, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
- A person/participant includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- a reference to rupees shall mean Sri Lankan rupees;
- Unless the context otherwise requires, words in the singular shall include the plural and vice versa.
- Any obligation in these Terms and Conditions on a person not to do something includes an obligation not to agree or allow that thing to be done.
- References to Clauses are to the Clauses of these Terms and Conditions.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Manner of Entry
- Consumers can participate in the Competition by sending the Promotional Code found in the inner foil pack of the Product packaging (along with their full name and National Identity Card number) via SMS to 0777 743 743. Detailed instructions may be provided on the Promotional Packs, and/or on the marketing/promotional materials located at the Consignment Agent"s outlets, stores and/or supermarkets where the Products are sold.
- Any SMS received by a participant in relation to the Competition shall be sent by Ratthi, with the sender"s name displayed as "Ratthi" ("SMS MASK"), which shall provide an assurance to the participant, to an extent of technological means, the authenticity of the SMS origin.
- The Entries received are expected to match the Promotional Codes printed on the Product packaging and shall be in compliance with these Terms and Conditions. Any other data/ code/ message received via a SMS (other than what is required to be sent via SMS as set out herein) to the stipulated number for this Competition will be disregarded and considered an invalid Entry. A SMS sent by a participant shall only contain one (01) Promotional Code, and each SMS received with one such valid Promotional Code (and other required information as set out herein) will be considered as One (01) valid Entry to the Competition. Subject to clause 6.8, a participant shall be entitled to send multiple SMSs with Promotional Codes, and each such SMS shall be considered a valid Entry so long as it complies with the terms herein.
- It shall be the responsibility of the participant to ensure the submission of a complete and valid Entry within the stipulated Promotional Period. Incomplete Entries or Entries received before or after the Promotional Period shall be considered invalid and the Promoter will not be liable for disregarding such Entries. All computerized algorithms, pre-programmed codes and automated SMS channels associated with the Competition will be deactivated upon completion of the Promotional Period.
- The Promoter shall through manual or automated means, determine the eligible Entries for the Competition. Such determination shall be final and conclusive and no further discussions or appeals shall be considered in this regard.
- All valid Entries received during each weekly Promotional Period shall undergo a random selection process through a raffle draw which shall be held weekly, out of which a total of Five Hundred and Seventy (570) winners shall be randomly selected (weekly) and announced by the Promoter in the manner stipulated herein.
Conditions of Entry
- This Competition is open to all citizens residing in Sri Lanka, except for the employees and Family Members of the employees of the Promoter, its associate companies, advertising and promotional agencies and its auditors connected to the Promotion. Participants must be eighteen (18) years of age or older at the time of the Entry. The Promoter reserves the right to verify the age of any participant for the purposes of the Competition.
- The consumers shall be qualified to take part in the Competition only upon purchase of the Product and the purchase of the Product must be during the Promotional Period set out herein.
- The Promoter reserves the right to extend the Promotional Period if not enough Entries are received at the end of the Promotional Period (which shall be determined by the Promoter at its absolute discretion), which could limit the Promoter from awarding all the Prizes on Offer. If extended, these Terms and Conditions shall, mutatis mutandis, apply to and in relation to the extended Promotional Period decided by the Promoter.
- Participants agree that only the Products specified herein are covered by this Competition, and not all products produced under the brand "Ratthi" or otherwise produced by the Promoter are covered by this Competition. Notwithstanding the completion of the Promotional Period as specified herein, participants agree that Products featuring the Promotional Codes may continue to be available in the market for purchase and participants shall not raise any claim and/or complaint against the Promoter and/or its Agents or representatives in this regard.
- All participants of the Competition are required to retain the inner foil pack of the Product packaging which contains the Promotional Code, as evidence of Entry("Proof of Purchase"). The participants who are announced as winners of the Competition at each weekly raffle draw ("Winner Announcement") shall present (i)proof of Purchase; and (ii) the "Ratthi" SMS Mask sent to the participant confirming the selection, to the designated Consignment Agent (and such other information and/or documentation required by the Promoter and/or Agent in order to verify the identity/validity of participants and/ or Entry of the participants, and only upon such validation shall the participants (i.e. the winners) be eligible to claim the relevant Prize. The location for collection of the Prize (such as the location of the Consignment Agent) by a participant shall be announced during the Winner Announcement. Subject to the Terms and Conditions herein, a participant shall not be eligible to claim the Prize if the Proof of Purchase and the SMS is not presented to the Consignment Agent as stated above.
- The Promoter and/or its Agents reserve the right, at any time, to verify the validity/identity of the participant and/or the Entries and the participants (including but not limited to participant's place of residence and national identity card details) and to disqualify any participant who submits an Entry that is not in accordance with these Terms and Conditions or who tampers with the Entry process. The participant agrees to cooperate with the Promoter and/or its Agents to the fullest extent possible, for the purposes of facilitating the aforesaid verification process, including but not limited to providing any further information/ documentation which the Promoter and/or its Agents consider necessary for such purpose. The Promoter's decision pursuant to verification of the participants and / or the Entries of the participants, shall be final and conclusive and the Promoter reserves the right to disqualify any participant or winner or reject any Entry without giving any notice or reason and the Promoter shall not be liable to any participant for any loss or damage resulting from such disqualification. Furthermore, no correspondence will be entertained between the Promoter and the participant(s) (or the representatives (howsoever characterized) of the participants), in relation to any such decision taken by the Promoter and all decisions made by the Promoter are final and not subject to review or alteration.
- The Promoter accepts no liability, whether jointly or severally, for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, destruction, unauthorized access to, or alteration of the Entries. The Promoter shall not be held accountable for the non-delivery of the SMS to the to the stipulated number for this Competition.
- The more Entries the participants send, the higher the probability of winning. However, a participant is entitled to only one (01) winning chance. The same participant shall not be entitled to claim multiple Prizes even though they have sent in multiple Entries.
- Participants accept and acknowledge that sending an Entry in the manner set out herein does not guarantee that such participant will be selected as a winner or otherwise be entitled to the Prizes on Offer.
- Participants also accept and acknowledge that participation in this Competition is optional and voluntary and purchase of the Products does not amount to or indicate participation in the Competition.
- Cost for submitting Entries (such as SMS charges etc.) shall be borne by the respective participants. A Prize may be subject to deduction of taxes and/ or other charges, and the Promoter shall not be liable to the participant/ winner or otherwise be required to reimburse the participant/winner for such deductions. Any expenses related to the claim of the relevant Prize, including but not limited to transport, meals, taxes and any other ancillary/personal costs of any nature, shall be borne by the winner.
Prizes and winner selection process
- Winners shall be selected at weekly raffle draws, with a total of Five Hundred and Seventy (570) winners selected at each draw. The said raffle draws will commence on the Twenty-Ninth (29th) of February Two Thousand and Twenty-Four (2024) and shall be conducted weekly for a period of Ten (10) consecutive weeks. The final raffle draw shall take place on the Sixth (06th) May Two Thousand and Twenty-Four (2024) The weekly raffle draws may be live-streamed every [Saturday / Sunday] on television and/or via the Promoter"s social media platforms. The Winner Announcement shall take place at each raffle draw and thereafter a "Ratthi" SMS Mask shall be sent to the participant confirming the selection. The Promoter reserves the right to amend the aforesaid raffle draw schedules.
- Apart from the information and/or documentation required under clause 6.5 for the purposes of verifying the identity/validity of participants and/ or Entry of the participants, the winners are required to provide necessary information and /or documentation to the Promoter and/ or Consignment Agent for the purposes of collecting the Prize, and the information and/or documentation requested from each such winner shall vary based on the Prize offered to the winner. Such information shall include but is not limited to a contact number, residential address, email address, bank account details (which shall be considered as the winner's nominated bank account), electricity bill and water bill or the relevant account details.
- The Promoter shall not be liable to a winner for any loss of Prize resulting from an incorrect address, contact details, bank details, electricity and water connection details or any other information and/or documentation provided by the winner (or any of the representatives (howsoever characterized) of the winner) under clause 7.2.
- At the Promoter's request, and where applicable, the winner shall either collect the relevant Prize (such as the Month's supply of Ratthi Full Cream Milk Powder products) at the Consignment Agent"s designated location (disclosed to the winner by the Promoter during the Winner Announcement) or receive the Prize via direct deposit to the winner's nominated bank account or account for electricity and/or water connection. Following the Winner Announcement, the Promoter shall provide further details/ instructions on the collection of the Prize via a promotional hotline call. Upon collection of the Prize (where applicable), the winners may be required to sign a confirmation of receipt of the Prize and/ or such other documents required by the Promoter in relation to the Competition.
- The Prize shall only be handed over directly to the winner or to be remitted to the winner"s nominated bank account or electricity/water connection account (as applicable), as recorded in the Promoter"s records and as communicated by the winner. The Prizes shall not be handed over to any Family Member, relative (howsoever characterized), legal guardian, friend or any representative (howsoever characterized) of the winner under any circumstance or otherwise transferred to such person"s bank account or electricity/water connection account (as applicable).
- If a winner is not contactable within two (02) weeks of the selection, or does not provide the information and/or documentation requested by the Promoter and/or Agent, such winner shall forfeit the relevant Prize. The Promoter reserves the right to either abandon the said winner’s winning chance and to draw or select an alternate winner. Such process shall continue until a winner is successfully contacted and accepts the relevant Prize. Unclaimed Prizes will not be awarded after the two (02) week period has lapsed.
- The Prizes awarded through this Competition are not assignable or transferrable and shall not be exchanged or substituted for cash, other Prizes or benefits (howsoever characterized),unless otherwise decided by the Promoter. The Promoter reserves the right to substitute and replace any such Prize offered with another Prize, benefit, reward, or products as the Promoter deem a suitable and sufficient substitution.
Judging Criteria
- The final set of winners shall be contacted no later than fourteen (14) days from the end of the Promotional Period (i.e. 14 th May 2024).
Independent Auditors
- All winners will be selected at the sole discretion of the Promoter and under the supervision of the officials of the Revenue Department of Western Provincial Council ("Independent Auditors").
Waiver of Rights
- All Entries submitted shall become the property of the Promoter.
- The Promoter reserves the right to capture photographs and/or video and voice recordings of the winners and/or weekly raffle draws and/or the awarding of Prizes or any other aspect of the Competition and use or reproduce such photographs and/or video and voice recordings in marketing and promotional activities or material of the Promoter, via any traditional or electronic platform, without any remuneration or compensation to the participants/winners for such matters. It shall be at the Promoter’s discretion to select the media agency to photograph and/ or record the winners and/or the raffle draw and/ or awarding of relevant prizes to the said winner(s), or any other aspect of the Competition as applicable.
- For the avoidance of doubt, any pictures, photographs, videos or voice recordings captured at the time of the awarding of the relevant Prizes and/or of the Entries and/or of the weekly raffle draws and/or of the winners or of any other aspect of the Competition shall be considered as property of the Promoter.
- The Promoter reserves the right to publish the names of the winners (and details of the Prizes) on any preferred traditional or electronic platform, and shall not be required to obtain the prior approval of the winner in relation thereof.
- The property mentioned in this Clause 10 shall be used across any media and promotional material of the Promoter.
Miscellaneous
- The Promoter reserves the right, at its sole and absolute discretion to cancel, suspend, modify, extend or withdraw the Competition at any time, without assigning any reasons whatsoever to the participants or any other person or authority. Further, the Promoter reserves the right to modify all or any of these Terms and Conditions applicable to the Competition at any time by publishing the revised, Terms and Conditions of this Competition in the newspapers (in all three (3) languages, English, Sinhala and Tamil) and social media platforms of Ratthi.
- Subject to clause 11.7 participants agree that the Promoter has the sole right to decide on all matters and disputes arising from or in relation to the Competition and that all decisions of the Promoter are final, conclusive and binding on all participants.
- The Promoter may consider an Entry invalid or disqualify an Entry or participant (including any winner), who, in the opinion of the Promoter, is engaged in conduct which is unlawful, improper, fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promoter and/or its Agents and/or the Competition.
- To the fullest extent permitted by law, the Promoter and its Agents shall not be liable to a participant/ consumer (or representative (howsoever characterized) of such participant / consumer) for any loss, expense, damage, injury or any other liability, whether direct, indirect, consequential, or foreseeable, to such participant / consumer resulting from the submission of an Entry and/or participation (howsoever characterized) in the Competition and/or acceptance of a Prize. Participants shall fully indemnify and hold the Promoter and its agents (which shall include employees of the Promoter, its respective successors, affiliates, officers, directors, subsidiaries, representatives (howsoever characterized), agents, and other vendor agencies, Consignment Agent, advertising and promotion agencies and third parties facilitating the Competition) ("Agents") harmless from and against any and all claims, losses (including direct, indirect, consequential losses, loss of profit and loss of reputation) and/or damages, costs, allegations, investigations, inquiries, liens, judgments, fines, charges, penalties, attorneys" and consultants" fees, other expenses and/or liabilities arising out of, or in connection with the Entry or participation (howsoever characterized) in the Competition by such participant.
- The participants/winners/ customers/consumers shall be solely responsible for their own assessment and evaluation of any advertising and/or public promotional/marketing campaign or material of the Promoter in relation to the Competition.
- All rights, title and interest, including the Intellectual Property rights of the Promoter, in the Competition, the promotional/marketing materials and all responses received shall, at all times, solely and exclusively vest with the Promoter. The participant hereby assigns to the Promoter all rights to the material submitted in connection with the Competition (whether written, audio, electronic, and visual including photographs or videos) and such material shall become the exclusive property of the Promoter.
- These terms and conditions shall be governed by the applicable laws of Sri Lanka. All disputes or differences relating to these Terms and Conditions or the Competition shall be subject to the exclusive jurisdiction of the Courts of Sri Lanka.
- A consumer inquiry hotline (0777 743 743) dedicated to the Competition will be in operation from Tenth (10th) February Two Thousand and Twenty Four (2024) until Fourteenth (14th) May Two Thousand and Twenty Four (2024), to handle consumer queries and concerns regarding the Competition. Consumers/participants are encouraged via advertisements and other promotional campaigns and material of the Promoter to contact this hotline, to obtain more clarity on the Competition and the Terms and Conditions. The Promoter shall not be held accountable or responsible for any verbal information regarding the Competition dispensed from any other number, claiming to be the designated consumer inquiry hotline for the Competition and/or associated with the Competition. The Promoter shall also not be held accountable or responsible for any information dispensed from a number other than through the SMS Mask referred to in clause 5.2).
- The Competition is subject solely to these Terms and Conditions. These Terms and Conditions shall be translated into two (2) other languages,i.e., Sinhala and Tamil. Therefore, in the event of any inconsistency between the English, Sinhala and Tamil texts of these Terms and Conditions, the English text of these Terms and Conditions shall prevail.