términos y condiciones Di lo que quieras, como quieras Festival Promo 2022

TERMS AND CONDITIONS

Promotional activity valid in Curaçao, Aruba, Trinidad and Tobago, Guyana, Suriname, Saint Lucia, Antigua and Barbuda from 8:00 a.m. February 15th, 2022, to May 31st, 2022, or while stocks last (3,558,528 total units of stickers will be available). Compañía de Galletas Noel S. A. S. will carry out the promotional activity titled “Say it Out Loud” described below, aiming it at the entire territories of Curaçao, Aruba, Trinidad and Tobago, Guyana, Suriname, Saint Lucia, Antigua and Barbuda.

I. Advertising media:

The promotional activity will be advertised through digital media, posters, point-of-sale marketing materials, packaging materials and social media, as well as on the www.festival.com.co website, where consumers will be able to find these terms and conditions for the promotional activity.

II. Participants:

Eligible participants must be over thirteen years old and need to fulfill the requirements described in the instructions of the stated promotional activity, which can be found in section 4 of these terms and conditions. All participants must read, understand and accept these terms and conditions.

III. Products included in the promotional activity:

The promotional activity includes the individual-serving Festival cookies identified with the promotional activity advertising image on their packaging materials.

IV. Instructions for the promotional activity:

To participate in this promotional activity, consumers must:

  1. Purchase the products included in the promotional activity;
  2. If the participant is a minor, they must be duly authorized by their parents or legal guardians;
  3. Consumers will find an inedible sticker inside the packaging materials of each product included in the promotional activity;
  4. Participants will also be able to download each one of the one hundred different digital sticker designs on the Festival brand website: www.festival.com.co.
  5. To download the digital stickers, participants must go to www.festival.com.co, find the top banner with the image of the promotional activity and click the button on it to enable the download option. It will not be necessary to purchase the products included in the promotional activity to download the digital stickers.

V. Prizes:

The Company will award the prizes listed below:

Curaçao, Aruba, Trinidad and Tobago, Guyana, Suriname, Saint Lucia, Antigua and Barbuda: three million five hundred fifty-eight thousand five hundred twenty-eight (3,558,528) inedible stickers manufactured using food-grade materials that include 100 different designs as shown below:

The prizes offered through this promotional activity will not be transferable or exchangeable for cash under any circumstance whatsoever, and the winner who cannot receive the prize for any type of reason will not have the right to any other type of compensation.

Once the prize has been delivered, the winner will be responsible for it and, in case of any damage caused by factors external to the production process, loss or misplacement of the prize, Compañía de Galletas Noel S. A. S. will not be held responsible for the prize in any case whatsoever.

Compañía de Galletas Noel S. A. S., its subsidiary companies, its controlling or parent companies, its controlled companies and any other companies that are part of Grupo Nutresa, as well as any related franchisers, will not be held responsible for any damages or detrimental consequences that the winning participants or any related third parties could suffer due to or in connection with their participation in this promotional activity and/or the use of the prizes, and/or during any process related to the fulfillment of the requirements established in these terms and conditions. Therefore, the aforementioned companies decline any and all types of contract-related and/or non-contract responsibilities towards the winning participants, any accompanying parties and/or their successors. Consequently, by participating in this promotional activity, each participant acknowledges and unconditionally accepts these terms and conditions.

Moreover, Compañía de Galletas Noel S. A. S., its controlling or parent companies, its subsidiary companies, its partners and any other companies that are part of Grupo Nutresa, as well as any related franchisers, will not be held responsible for any damage, theft and/or misappropriation the winning participant and/or any related third parties could undergo. The winning participant will be exclusively responsible for the use of the prize and any related consequences thereof.

All responsibilities held by Compañía de Galletas Noel S. A. S., its controlling or parent companies, its subsidiary companies, its partners and any other companies that are part of Grupo Nutresa, as well as any related franchisers, conclude and expire as for any concept when the corresponding prizes are made available and/or provided to the winning participants.

Compañía de Galletas Noel S. A. S. shall be able to modify and/or amend these terms and conditions, provided that the essence of the promotional activity is not altered whatsoever, and that there is no decrease or reduction in the amount of prizes thereof. The Company shall inform the participants, in advance and in a timely manner, about any and all such modifications and/or amendments through the same media used for advertising the promotional activity at issue. However, any such modifications and/or amendments shall not give rise to any claiming right whatsoever for the participants.

In the case of a force majeure or fortuitous event causing any type of inability to carry out the activity or to continue carrying it out, Compañía de Galletas Noel S. A. S. shall be able to temporarily or definitively suspend it, and to introduce any relevant modifications provided that the Company informs the participants, in advance and in a timely manner, about any and all such circumstances through the same media used for advertising this promotional activity. However, any such modifications shall not give rise to any claiming right whatsoever for the participants.

VI. Disqualification

Any type of fraud, or any attempt to commit a fraud, as well as any type of noncompliance with the terms and conditions described herein, will result in the disqualification of the participant from the promotional activity without any possibility for them to re-enter it. The Company shall be able to confirm the fraud, the fraud attempt or the noncompliance by any means deemed appropriate.

The term “fraud” includes the following:

• Using Internet bots or web robots.
• Tampering with the submission of data in an illegal manner.
• Tampering with, destroying, eliminating, stealing or intercepting personal data and/or the Company’s information and data.
• Tampering with, blocking or taking any action that hinders the presentation of or access to any web portal content, information and/or service.
• Accessing the website by means of automated techniques without the corresponding authorization.
• Illegally impersonating other people and/or committing identity theft, including the creation of false profiles and accounts in social media.
• Introducing harmful code; executing scripts; intercepting credentials and sessions; manipulating objects, files, directories or keys; and redirecting the web portal to other websites.
• Launching denial-of-service attacks.
• Accessing the website from outside Colombia.
• Using software to change or hide IP addresses in order to access the website.
• Conducting vulnerability analyses and intrusion tests on the website.
• Creating false or duplicated profiles within the platform.
• Logging on to the website in multiple instances from the same IP address on the same day.
• Forging or replicating the website to capture personal data.

* All the foregoing conditions are also applicable to the mobile apps related to the promotional activity in any of the platforms (including the apps from the Apple and Android stores).

VII. Personal data processing authorization

The user, or their legal representative(s) or guardian(s) in the case of minors, hereby authorize Grupo Nutresa S.A. and all its subsidiary companies to process the personal data obtained in the furtherance of the promotional activity with the purpose of contacting the winners, delivering the prizes and, in general, all the necessary actions for the fulfillment of the promotional activity, as well as to send information related to any of Grupo Nutresa’s companies.

The personal data provided by the users in the furtherance of the promotional activity shall be confidential. Therefore, the organizations responsible for or in charge of processing the personal data shall not be able to disclose the data to third parties and to use the information for any other purposes different to the ones directly authorized by the users themselves. Additionally, all personal data will be kept in safe operational platforms that are not publicly available.

Users are hereby reminded that, as holders and owners of their personal data, they have the following rights:

a) To know, update and correct their personal data with regard to the organizations responsible for or in charge of processing them;
b) To request proof of the authorization granted to the organizations responsible for or in charge of processing the data;
c) To be informed by the organizations responsible for or in charge of processing the data, by means of prior request, about the use given to their personal data;
d) By means of prior claim or inquiry submitted to the organizations responsible for or in charge of processing the data, to file complaints with the Colombian Superintendency of Industry and Commerce based on breaches to the applicable legal regulations;
e) To repeal the authorization and/or request the deletion of the data in the event of noncompliance with constitutional and legal principles, rights and guarantees in the data processing;
f) To have free access to their personal data that have been processed.
For any inquiries and/or claims, and to request further information, call the free toll line 01 800 05 16635.
Any type of fraud, or any attempt to commit a fraud, as well as any type of noncompliance with the terms and conditions described herein, will result in the disqualification of the participant from the promotional activity without any possibility for them to re-enter it. The Company shall be able to confirm the fraud, the fraud attempt or the noncompliance by any means deemed appropriate.

Users shall be able to check Grupo Nutresa’s Data Processing Policy at: https://www.gruponutresa.com/politica-de-tratamiento-de-datos-personales/.

VIII. Image use authorization

The participant, or their legal representative(s) and/or guardian(s) in the case of minors, hereby expressly authorize Grupo Nutresa S. A., its subsidiary companies or any third party assigned by them to use of the participant’s image for a period of two years (as of February 15th, 2022).

For all purposes of this document, the term “image” shall include the name, pseudonym, voice, signature, initials, figure, total or partial body physiognomy and/or any symbol related to the participant’s identity.

In consideration of the foregoing, the participant hereby confirms that they know and accept the scope of the public disclosure their image may undergo through photographic, audiovisual or digital materials, or in any other manner and by any other means as a result of their participation in the activity titled “Say it Out Loud”.

Moreover, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, hereby expressly authorize Compañía de Galletas Noel S. A. S. to use, show, disclose, exhibit or exploit in any other way their image in all scenarios and through all means the Company deems appropriate in relation to the promotional activity, provided that such use is consistent with all customary moral and public order behaviors. This authorization shall have no limitations with regard to territory and/or means of exploitation. Furthermore, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, hereby expressly authorize Compañía de Galletas Noel S. A. S. to transform, modify, adapt, condense, disclose and exploit in general their image and free brand interpretations as the Company deems appropriate.

In addition, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, hereby expressly authorizes Compañía de Galletas Noel S. A. S. to use, show, disclose, exhibit or exploit in any other way the image of all the people appearing in all photographs related to the promotional activity in all scenarios and through all means the Company deems appropriate in relation to the promotional activity, provided that such use is consistent with all customary moral and public order behaviors. This authorization shall have no limitations with regard to territory and/or means of exploitation. Moreover, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, hereby expressly authorizes Compañía de Galletas Noel S. A. S. to transform, modify, adapt, condense, disclose and exploit in general the image and free brand interpretations of the people appearing in all photographs related to the promotional activity as the Company deems appropriate.

In consideration of the foregoing, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, state and represent that they:

A. Do not hold any type of property and/or domain where the participant’s image and/or the image of any of the people appearing in any of the photographs related to the promotional activity appears, and do not hold any type of right that enables them to use such photographs without prior explicit and written authorization from Compañía de Galletas Noel S. A. S.
B. Understand and accept that the contents that will be created using their image and the image of the people appearing in the photographs and videos related to the promotional activity will be publicly disclosed; thus, Compañía de Galletas Noel S. A. S. will not be held responsible for any wrongful use of such materials made by third parties.
C. Understand and accept that these authorizations are granted by virtue of the promotional activity hereto, and that they will have no right to receive any type of compensation at any time and for any concept in relation to the exploitation of their image or the image of the people appearing in any of the photographs and/or videos related to the promotional activity.
D. Hereby waive all rights they may have to examine and/or approve any specific advertising materials and/or any other method used for exploiting their image or the image of any of the people appearing in any of the photographs and/or videos related to the promotional activity.
E. Will draw up, sign, acknowledge and deliver, hand over or submit, either directly or by means of a third party, any instrument, certificates and/or assignment or conveyance documents requested by Compañía de Galletas Noel S. A. S. with the purpose of fulfilling and executing these terms and conditions. This agreement shall be governed by the laws of the Republic of Colombia.
F. State, represent and warrant that this informed consent does not conflict in any way with other existing commitments. The participant, or their legal representative(s) and/or guardian(s) in the case of minors, also state and represent that, as of the date hereof, they have not granted and will not grant any authorization for, nor will they allow, the use of their image or the image of any of the people appearing in the photographs and/or videos related to the promotional activity in any type of advertising, identification and/or promotional activities regarding any product or service competing with the products and/or services offered by Compañía de Galletas Noel S. A. S. This exclusivity shall be in force and valid throughout the entire period of time Compañía de Galletas Noel S. A. S. makes use of their image or the image of any of the people appearing in the photographs and/or videos related to the promotional activity.

IX. Miscellaneous

  • The ideas, opinions, suggestions and comments submitted to Compañía de Galletas Noel S. A. S. by the participants, or their legal representative(s) and/or guardian(s) in the case of minors, in a spontaneous manner and without prior request shall be used by the Company at any time based on the understanding that such communications are not confidential and, therefore, are not protected by any type of regulations related to matters of intellectual or industrial property. Thus, the submitter of such information shall not be able to claim any type of indemnification or compensation due to the commercial or non-commercial use the Company makes of the information at issue.
  • Compañía de Galletas Noel S. A. S. shall not be held responsible for any damages suffered, directly or indirectly, in connection with the furtherance of the promotional activity at issue, or with the prizes offered as part thereof, by the participants, winners and/or any third parties, except when such damages are directly attributable to the Company.
  • This document and all the relationships of any kind emerging from it will be governed by the laws of the Republic of Colombia.
  • Compañía de Galletas Noel S. A. S. is the owner and holder of the www.festival.com.co website. For any complaints, suggestions or comments on the website, please call the free toll line 01 800 05 16635. These conditions for the use of the website, along with any other conditions that may be established in the future, have the purpose of informing the website visitors about the terms of the promotional activity at issue and about the regulations related to the use given to the website itself.
    Publishing defamatory or threatening information, as well as information with contents that go against the law, on the website is strictly forbidden. Compañía de Galletas Noel S. A. S. reserves the right to eliminate at any time all materials deemed inadequate from the website.
  • All brands, trade names, banners, graphics, drawings, designs and any other materials that constitute intellectual or industrial property and appear on the website are duly protected in favor of Compañía de Galletas Noel S. A. S. pursuant to all the corresponding legal provisions on the subject. Consequently, the elements mentioned herein shall not be used, modified, copied, reproduced, broadcast or distributed in any manner or through any means except with prior, explicit and written authorization granted by the Company.
  • The contents protected in accordance with the previous paragraph shall include all texts, images, illustrations, drawings, designs, software, music, sound, photographs and videos, in addition to any other means or methods used for disseminating and/or advertising such contents.

By allowing users to access its website, Compañía de Galletas Noel S. A. S. is not granting any type of license or authorization to use the Company’s intellectual and industrial proprietary rights or any other property or right related to its website or any of the contents contained therein.

 


From February 15th, 2022, at 8:00 a.m. to May 31st, 2022, or while stocks last: fifteen (15) prize units available (according to the corresponding availability established for each country), whatever occurs first, Compañía de Galletas Noel S. A. S. will carry out the promotional activity described below, which is aimed at the entire national territories of Curaçao, Aruba, Trinidad and Tobago, Guyana, Suriname, Saint Lucia, Antigua and Barbuda, and has been titled “Say it out loud” – Golden Sticker 2022”:

I. Advertising media:

The promotional activity will be advertised by means of posters, point-of-sale marketing materials, packaging materials, digital media and social media, as well as on the www.festival.com.co website, where consumers will be able to find the corresponding terms and conditions for the promotional activity.

II. Participants:

Eligible participants must be consumers of legal age who fulfill the requirements described in the instructions for the stated promotional activity, which can be found in section 4 of this document. All participants must read, understand and accept the terms and conditions contained herein.

The following people shall be explicitly excluded from participating in the promotional activity:

All employees from the marketing department at both Compañía de Galletas Noel S. A. S. and SMDIGITAL S. A. S., who are in charge of developing the promotional activity, as well as their spouses and family members (1st and 2nd degree of kinship and kinship by adoption).

III. Products included in the promotional activity:

The promotional activity includes the individual-serving Festival cookies marked with the promotional activity advertising image on their packaging materials.

IV. Instructions for the promotional activity:

To participate in this promotional activity, consumers must:

  1. Purchase the products included in the promotional activity, which will be marked or identified with the advertising materials of the promotional activity.
  2. If a consumer finds a golden sticker with a printed text reading ‘64 GB iPhone 11’ inside any of the products included in the promotional activity, said consumer could be a winner.
  3. When a consumer has found a golden sticker with a printed text reading ‘64 GB iPhone 11’, to qualify as a winner, the participant shall get in touch during the validity term of the promotional activity through:
    any of the contact channels made available in the corresponding country:

a. Curaçao: SATEX AGENCIES N.V. – P.O. Box 3448, Curaçao, N.A.; phone number:
5999 8685513; e-mail: curacao@satex-group.com.
Aruba: SATEX AGENCIES N.V. – P.O. Box 1349; Oranjestad, Aruba; phone number: 2975 837132; e-mail: satex@setarnet.aw.
Suriname: H.J. GROUP – Waterbank 90-94; P.O. Box 1849 – 1850, Suriname; Phone number: 597 482733
Trinidad and Tobago: WEST INDIAN TRADERS LTD. – Sadhoo Trace, El Socorro Ext., San Juan, Trinidad, West Indies; phone number: 1 868 638 2268.
Saint Lucia: RENWICK & CO – P.O. Box 90, Vide Boutielle, Castries L C, St. Lucia; phone number: (758) 455-8000
Antigua and Barbuda: CHASE WHOLESALE – Sir Sydney Walling Hwy; phone number: (268) 480-6626.
Guyana: GANGA SINGH’S CONFECTIONERY – 21 North Road & Camp Street, George Town, Guyana; phone number: 5922278478.
b. Or by sending an e-mail to cbecerrap@noel.com.co or a text message via WhatsApp to the number +573014789064.

  1. To inform that they have found the golden sticker and provide this personal information: full name, type of identification document and the corresponding number, e-mail address, phone number, address, city of residence. The participant will also be asked to authorize the processing of their personal data.
    The possible winner shall keep the golden sticker with the printed text reading ‘64 GB iPhone 11’, along with the wrapper or packaging where they found it. Additionally, at the moment the prize is awarded, the possible winner shall present their actual identification document and deliver a copy of it, which must match the information provided via telephone, text or e-mail; otherwise, the participant shall not be able to receive the prize.
  2. Compañía de Galletas Noel S. A. S. or its distributor in the corresponding country will contact the possible winner in order to confirm the person is of legal age, that they have the golden sticker with the printed text reading ‘64 GB iPhone 11’ and the wrapper or packaging where the participant found the sticker. The possible winner shall send photographs of their identification document, the golden sticker with the printed text reading ‘64 GB iPhone 11’ and the wrapper or packaging via e-mail or WhatsApp.
    Subsequently, an appointment will be scheduled with the possible winner in order to pick up the golden sticker with the printed text reading ‘64 GB iPhone 11’, the wrapper or packaging and the photocopy of the participant’s identification document, and to deliver the prize, provided that all aforementioned requirements have been met.
  3. During the same visit, the winner shall sign a certificate of delivery through which the participant accepts having satisfactorily received the prize. In the case the participant does not meet the conditions to be declared a winner, the participant shall sign a certificate that explains the reason for not being able to be awarded the prize.
  4. All possible winners shall present their actual identification document to allow confirming that they are of legal age at the moment the prize is awarded. This document must match the information provided via telephone, text or e-mail; otherwise, the participant shall not be able to receive the prize.
  5. If a participant omits the fact of being under age or provides false information in this regard, and as a consequence Compañía de Galletas Noel S. A. S. does not send the aforementioned message, the Company shall not be held responsible for the use subsequently given to the website or for the effects and results emerging therefrom, occurring based on the false assumption that the user is of legal age. Additionally, the participant will be disqualified from participating in the promotional activity without the right to receive any indemnification whatsoever.
  6. If a person makes use of a third party’s personal data or uses false data to participate in the promotional activity, Compañía de Galletas Noel S. A. S. shall not be held responsible for the use given to such data and will not award the prize as a consequence thereof; additionally, the user at issue will be disqualified from participating in the promotional activity.
  7. Compañía de Galletas Noel S. A. S. will make contact with the possible winner in order to confirm the person is of legal age, and that they have the winning sticker and the wrapper or packaging where it was found in their possession. The possible winner shall send photographs of their identification document, the winning sticker and the wrapper or packaging via e-mail.

– An appointment will be scheduled to pick up the sticker, the wrapper or packaging and the copy of the participant’s identification document, and to deliver the prize.

– During the same visit, the winner shall sign a certificate through which the participant accepts having satisfactorily received the prize.

V. Prizes that will be awarded by the Company:

The Company will award the prizes listed below:

Fifteen (15) 64 GB iPhone 11 smartphones. Color: subject to availability.

Under no circumstances the prizes offered through this promotional activity will be exchangeable or transferable. The winner who cannot receive the prize for any type of reason will not have the right to receive any other compensation whatsoever.

In all applicable cases, the winner shall cover a 20% withholding on the total value of the prize on account of occasional income.

The distribution of prizes for each country included in the promotional activity will be the following:

Suriname: 2
Trinidad and Tobago: 2
Guyana: 2
Saint Lucia: 2
Curaçao: 3
Aruba: 2
Antigua and Barbuda: 2

VI. Method for making contact with the winners and delivering the prizes:

After the possible winner has submitted all the necessary information to the customer service department of the corresponding distributor in the respective country or directly to Compañía de Galletas Noel S. A. S., the Company will proceed to make contact with each possible winner via telephone within seventy-two (72) working hours as of the date the possible winner made contact. The Company will make up to three (3) attempts to make contact with the possible winner over the aforementioned period of three (3) working days. The purpose of such communication is to review the possible winner’s personal data, confirming that the participant is of legal age and has the golden sticker with the printed text reading ‘64 GB iPhone 11’ and the wrapper or packaging where the sticker was found in their possession.

If it is not possible to reach the possible winner after the aforementioned three (3) attempts, Compañía de Galletas Noel S. A. S. will proceed to send an e-mail to the e-mail address submitted by the participant during the first call or contact for the possible winner to send a reply within twenty-four (24) hours including a new phone number to get in touch with them. Once the new phone number has been received, the Company will proceed to call the possible winner within seventy-two (72) hours. According to each country where the promotional activity will be carried out, the following will be the corresponding senders of the e-mail:

Curaçao: SATEX AGENCIES N.V. – Phone number: 5999 8685513.
Aruba: SATEX AGENCIES N.V. – Phone number: 2975 837132.
Suriname: H.J. GROUP Suriname – Phone number: 597 482733.
Trinidad and Tobago: WEST INDIAN TRADERS LTD. – Phone number: 1 868 638 2268.
Saint Lucia: RENWICK & CO – Phone number: (758) 455-8000.
Antigua and Barbuda: Phone number: (268) 480-6626.
Guyana: GANGA SINGH’S CONFECTIONERY – Phone number: (592) 2278478.

During the call, the winning participant will be informed about the WhatsApp phone number or the e-mail to which the user shall send photographs of their identification document, the sticker with the smartphone image printed on it and the wrapper or packaging where the sticker was found.

After reviewing the information sent to the WhatsApp phone number or e-mail, if it matches the information submitted during the first contact with the customer service department of either Compañía de Galletas Noel S. A. S. or the corresponding distributor, an appointment will be scheduled to make the delivery of the prize and for the winner to sign the certificate of delivery after the user has handed over the golden sticker with a printed text reading ‘64 GB iPhone 11’, the wrapper or packaging and a copy of their identification document.

The distributors in each country included in the promotional activity are the following:

Curaçao: SATEX AGENCIES N.V. – P.O. Box 3448, Curaçao N.A.; phone number: 5999 8685513; e-mail: curacao@satex-group.com.
Aruba: SATEX AGENCIES N.V. – P.O. Box 1349; Oranjestad, Aruba; phone number: 2975 837132; e-mail: satex@setarnet.aw.
Suriname: H.J. GROUP – Waterbank 90-94; P.O. Box 1849 – 1850, Suriname; phone number: 597 482733.
Trinidad and Tobago: WEST INDIAN TRADERS LTD. – Sadhoo Trace, El Socorro Ext., San Juan, Trinidad, West Indies; phone number: 1 868 638 2268.
Saint Lucia: RENWICK & CO – P.O. Box 90, Vide Boutielle, Castries L C, St Lucia; phone number: (758) 455-8000
Antigua and Barbuda: CHASE WHOLESALE – Sir Sydney Walling Hwy; phone number: (268) 480-6626.
Guyana: GANGA SINGH’S CONFECTIONERY – 21 North Road & Camp Street, George Town, Guyana; phone number: (592) 2278478.

VII. Certificate of delivery:

Each winner shall sign a certificate attesting the delivery and satisfactory reception of the prize. Additionally, each winner shall present the golden sticker, the wrapper or packaging where such sticker was found and a photocopy of their identification document, in addition to showing the original identification document for the corresponding verification of the copy.

If absolutely all of the aforementioned requirements are not met, the winner shall not be able to be awarded the prize.
Once the prize has been delivered, the winner will be responsible for it and, in case of any damage caused by factors external to the production process, loss or misplacement of the prize, Compañía de Galletas Noel S. A. S. will not be held responsible for the prize in any case whatsoever.

Compañía de Galletas Noel S. A. S., its subsidiary companies, its controlling or parent companies, its controlled companies and any other companies that are part of Grupo Nutresa, as well as any related franchisers, will not be held responsible for any damages or detrimental consequences that the winning participants or any related third parties could suffer due to or in connection with their participation in this promotional activity and/or the use of the prizes, and/or during any process related to the fulfillment of the requirements established in these terms and conditions. Therefore, the aforementioned companies decline any and all types of contract-related and/or non-contract responsibilities towards the winning participants, any accompanying parties and/or their successors. Consequently, by participating in this promotional activity, each participant acknowledges and unconditionally accepts these terms and conditions.

Moreover, Compañía de Galletas Noel S. A. S., its controlling or parent companies, its subsidiary companies, its partners and any other companies that are part of Grupo Nutresa, as well as any related franchisers, will not be held responsible for any damage, theft and/or misappropriation the winning participant and/or any related third parties could undergo. The winning participant will be exclusively responsible for the use of the prize and any related consequences thereof.

All responsibilities held by Compañía de Galletas Noel S. A. S., its controlling or parent companies, its subsidiary companies, its partners and any other companies that are part of Grupo Nutresa, as well as any related franchisers, conclude and expire as for any concept when the corresponding prizes are made available and/or provided to the winning participants.

Compañía de Galletas Noel S. A. S. shall be able to modify and/or amend these terms and conditions, provided that the essence of the promotional activity is not altered whatsoever, and that there is no decrease or reduction in the amount of prizes thereof. The Company shall inform the participants, in advance and in a timely manner, about any and all such modifications and/or amendments through the same media used for advertising this promotional activity. However, any such modifications and/or amendments shall not give rise to any claiming right whatsoever for the participants.

In the case of a force majeure or fortuitous event causing any type of inability to carry out the activity or to continue carrying it out, Compañía de Galletas Noel S. A. S. shall be able to temporarily or definitively suspend it, and to introduce any relevant modifications provided that the Company informs the participants, in advance and in a timely manner, about any and all such circumstances through the same media used for advertising the promotional activity at issue. However, any such modifications shall not give rise to any claiming right whatsoever for the participants.

VIII. Disqualification

Any type of fraud, or any attempt to commit a fraud, as well as any type of noncompliance with the terms and conditions described herein, will result in the disqualification of the participant from the promotional activity without any possibility for them to re-enter it. The Company shall be able to confirm the fraud, the fraud attempt or the noncompliance by any means deemed appropriate.

The term “fraud” includes the following:

• Using Internet bots or web robots.
• Tampering with the submission of data in an illegal manner.
• Tampering with, destroying, eliminating, stealing or intercepting personal data and/or the Company’s information and data.
• Tampering with, blocking or taking any action that hinders the presentation of or access to any web portal content, information and/or service.
• Accessing the website by means of automated techniques without the corresponding authorization.
• Illegally impersonating other people and/or committing identity theft, including the creation of false profiles and accounts in social media.
• Introducing harmful code; executing scripts; intercepting credentials and sessions; manipulating objects, files, directories or keys; and redirecting the web portal to other websites.
• Launching denial-of-service attacks.
• Accessing the website from outside Colombia.
• Using software to change or hide IP addresses in order to access the website.
• Conducting vulnerability analyses and intrusion tests on the website.
• Creating false or duplicated profiles within the platform.
• Logging on to the website in multiple instances from the same IP address on the same day.
• Forging or replicating the website to capture personal data.

* All the foregoing conditions are also applicable to the mobile apps related to the promotional activity in any of the platforms (including the apps from the Apple and Android stores).

IX. Personal data processing authorization

The participant hereby authorizes Grupo Nutresa S. A., all its subsidiary companies, all of the corresponding distributor companies in the countries included in the promotional activity, and any other company hired by any of the aforementioned organizations for the same purposes (hereinafter the ‘organizations responsible for and in charge of processing personal data’) to process the personal data obtained in the furtherance of the promotional activity titled “Say it out loud – Golden sticker” (hereinafter the ‘promotional activity’) with the purpose of contacting the winners, delivering the prizes and, in general, all the necessary actions for the fulfillment of the promotional activity, as well as to send information related to any of Grupo Nutresa’s companies.

The personal data provided by the users in the furtherance of the promotional activity shall be confidential. Therefore, the organizations responsible for or in charge of processing the personal data shall not be able to disclose the data to third parties and to use the information for any other purposes different to the ones directly authorized by the users themselves. Additionally, all personal data will be kept in safe operational platforms that are not publicly available.

Users are hereby reminded that, as holders and owners of their personal data, they have the following rights:

a) To know, update and correct their personal data with regard to the organizations responsible for or in charge of processing the data;
b) To request proof of the authorization granted to the organizations responsible for or in charge of processing the data;
c) To be informed by the organizations responsible for or in charge of processing the data, by means of prior request, about the use given to their personal data;
d) By means of prior claim or inquiry submitted to the organizations responsible for or in charge of processing the data, to file complaints with the Colombian Superintendency of Industry and Commerce based on breaches to the applicable legal regulations;
e) To repeal the authorization and/or request the deletion of the data in the event of noncompliance with constitutional and legal principles, rights and guarantees in the data processing;
f) To have free access to their personal data that have been processed.
For any inquiries and/or claims, and to request further information, call the free toll line 01 800 05 16635.

Any type of fraud, or any attempt to commit a fraud, as well as any type of noncompliance with the terms and conditions described herein, will result in the disqualification of the participant from the promotional activity without any possibility for them to re-enter it. The Company shall be able to confirm the fraud, the fraud attempt or the noncompliance by any means deemed appropriate.

Users shall be able to check Grupo Nutresa’s Data Processing Policy at: https://www.gruponutresa.com/politica-de-tratamiento-de-datos-personales/.

X. Image use authorization

The participant hereby expressly authorizes Grupo Nutresa S.A., its subsidiary companies or any third party assigned by them to use of the participant’s image for a period of two years (as of February 15th, 2022).

For all purposes hereof, the term “image” shall include the name, pseudonym, voice, signature, initials, figure, total or partial body physiognomy and/or any symbol related to the participant’s identity.

In consideration of the foregoing, the participant hereby confirms that they know and accept the scope of the public disclosure their image may undergo through photographic, audiovisual or digital materials, or in any other manner and by any other means as a result of their participation in the activity titled “Festival Say whatever you want to say, however you want to say it – Winning sticker.”

Moreover, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, hereby expressly authorize Compañía de Galletas Noel S. A. S. to use, show, disclose, exhibit or exploit in any other way their image in all scenarios and through all means the Company deems appropriate in relation to the promotional activity, provided that such use is consistent with all customary moral and public order behaviors. This authorization shall have no limitations with regard to territory and/or means of exploitation. Furthermore, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, hereby expressly authorize Compañía de Galletas Noel S. A. S. to transform, modify, adapt, condense, disclose and exploit in general their image and free brand interpretations as the Company deems appropriate.

In addition, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, hereby expressly authorizes Compañía de Galletas Noel S. A. S. to use, show, disclose, exhibit or exploit in any other way the image of all the people appearing in all photographs related to the promotional activity in all scenarios and through all means the Company deems appropriate in relation to the promotional activity, provided that such use is consistent with all customary moral and public order behaviors. This authorization shall have no limitations with regard to territory and/or means of exploitation. Moreover, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, hereby expressly authorizes Compañía de Galletas Noel S. A. S. to transform, modify, adapt, condense, disclose and exploit in general the image and free brand interpretations of the people appearing in all photographs related to the promotional activity as the Company deems appropriate.

In consideration of the foregoing, the participant, or their legal representative(s) and/or guardian(s) in the case of minors, state and represent that they:

A. Do not hold any type of property and/or domain where the participant’s image and/or the image of any of the people appearing in any of the photographs related to the promotional activity appears, and do not hold any type of right that enables them to use such photographs without prior explicit and written authorization from Compañía de Galletas Noel S. A. S.
B. Understand and accept that the contents that will be created using their image and the image of the people appearing in the photographs and videos related to the promotional activity will be publicly disclosed; thus, Compañía de Galletas Noel S. A. S. will not be held responsible for any wrongful use of such materials made by third parties.
C. Understand and accept that these authorizations are granted by virtue of the promotional activity hereto, and that they will have no right to receive any type of compensation at any time and for any concept in relation to the exploitation of their image or the image of the people appearing in any of the photographs and/or videos related to the promotional activity.
D. Hereby waive all rights they may have to examine and/or approve any specific advertising materials and/or any other method used for exploiting their image or the image of any of the people appearing in any of the photographs and/or videos related to the promotional activity.
E. Will draw up, sign, acknowledge and deliver, hand over or submit, either directly or by means of a third party, any instrument, certificates and/or assignment or conveyance documents requested by Compañía de Galletas Noel S. A. S. with the purpose of fulfilling and executing these terms and conditions. This agreement shall be governed by the laws of the Republic of Colombia.
F. State, represent and warrant that this informed consent does not conflict in any way with other existing commitments. The participant, or their legal representative(s) and/or guardian(s) in the case of minors, also state and represent that, as of the date hereof, they have not granted and will not grant any authorization for, nor will they allow, the use of their image or the image of any of the people appearing in the photographs and/or videos related to the promotional activity in any type of advertising, identification and/or promotional activities regarding any product or service competing with the products and/or services offered by Compañía de Galletas Noel S. A. S. This exclusivity shall be in force and valid throughout the entire period of time Compañía de Galletas Noel S. A. S. makes use of their image or the image of any of the people appearing in the photographs and/or videos related to the promotional activity.

XI. Miscellaneous

The ideas, opinions, suggestions and comments submitted to Compañía de Galletas Noel S. A. S. by the participants, or their legal representative(s) and/or guardian(s) in the case of minors, in a spontaneous manner and without prior request shall be used by the Company at any time based on the understanding that such communications are not confidential and, therefore, are not protected by any type of regulations related to matters of intellectual or industrial property. Thus, the submitter of such information shall not be able to claim any type of compensation or indemnification due to the commercial or non-commercial use the Company makes of the information at issue.
Compañía de Galletas Noel S. A. S. shall not be held responsible for any damages suffered, directly or indirectly, in connection with the furtherance of the promotional activity at issue, or with the prizes offered as part thereof, by the participants, winners and/or any third parties, except when such damages are directly attributable to the Company.
This document and all the relationships of any kind emerging from it will be governed by the laws of the Republic of Colombia.
Compañía de Galletas Noel S. A. S. is the owner and holder of the www.festival.com.co website. For any complaints, suggestions or comments on the website, please call the free toll line 01 800 05 16635. These conditions for the use of the website, along with any other conditions that may be established in the future, have the purpose of informing the website visitors about the terms of the promotional activity at issue and about the regulations related to the use given to the website itself.
Publishing defamatory or threatening information, as well as information with contents that go against the law, on the website is strictly forbidden. Compañía de Galletas Noel S. A. S. reserves the right to eliminate at any time all materials deemed inadequate from the website.
All brands, trade names, banners, graphics, drawings, designs and any other materials that constitute intellectual or industrial property and appear on the website are duly protected in favor of Compañía de Galletas Noel S. A. S. pursuant to all the corresponding legal provisions on the subject. Consequently, the elements mentioned herein shall not be used, modified, copied, reproduced, broadcast or distributed in any manner or through any means except with prior, explicit and written authorization granted by the Company.
The contents protected in accordance with the previous paragraph shall include all texts, images, illustrations, drawings, designs, software, music, sound, photographs and videos, in addition to any other means or methods used for disseminating and/or advertising such contents.
By allowing users to access its website, Compañía de Galletas Noel S. A. S. is not granting any type of license or authorization to use the Company’s intellectual and industrial proprietary rights or any other property or right related to its website or any of the contents contained therein.