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Agency: Publicis West Africa Limited (Agency)

Client: Nestlé Central & West Africa Ltd (Client)

Territory:   Ghana


1.      Introduction:

1.1.  The following Terms and Conditions apply exclusively to the NESCAFÉ One Song 3.0 Campaign (The Competition).

1.2. By participating in this Competition, each Participant fully and unconditionally agrees to these Terms and Conditions.

1.3. These Terms and Conditions may be reviewed at the Client’s discretion without further recourse to the Participants. Any alteration or review of the Terms and Conditions or any development relating to the Competition shall be deemed to have been sufficiently communicated to the Participants by publishing such an update or review on the Client’s Website or Facebook/Instagram pages. Therefore, Participants must regularly check the Client’s Facebook or Instagram pages for changes. Changes shall be effective from the date they are uploaded on the Client’s Facebook or Instagram page.

1.4. Participants acknowledge that they have read, understood, accepted, and will fully comply with these Terms and Conditions.


2.     Eligibility:

2.1. This Competition is open only to individuals aged eighteen (18) years and above.

2.2.  The Competition shall apply only to the Territory. Accordingly, participation is restricted to persons who are legally resident in the Territory only.

2.3. Employees of the Client and the Agency and their immediate families (including spouses, parents, children, and siblings), distributors and direct wholesalers of the Client, and all other suppliers and third parties directly involved with the facilitation of this Competition are NOT eligible to participate in this Competition.

2.4.           The Agency reserves the right to disqualify a Participant who breaches the Terms and Conditions hereof, or otherwise fraudulently accesses the Competition; or unfairly influences the course of the Competition.


3.  Entry:

3.1. Names: Participants must enter this Competition using their full legal name as stated on a valid National ID card. The Agency reserves the right to disqualify any Participant who uses multiple names or any false names, and any such Winners may be required to return any Prize won to the Agency.

3.2. Retrospective Effect: Where a Participant has not complied fully with the Terms and Conditions or is in breach of any of the Terms and Conditions of the Competition, particularly where a Participant is in breach of the entry restrictions clearly stated herein, the Agency reserves the right to disqualify that Participant and require the return or reimbursement of any Prize even where the Prize has already been awarded to and/or received by the Participant in question.


4.    Competition Period:

4.1. The Competition starts on 3.04.2023 at 00:00:01 GMT and ends on 19.05.2023 at 23:59:59 GMT (the “Competition Period”).

4.2 The Agency reserves the right to extend the Competition Period as it deems necessary, or cancel, discontinue, or suspend the Competition as well as vary the Prize on the occurrence of any event beyond the control of the Agency and/or Client with or without notice to the public.


5.     Competition Mechanics:

5.1. To participate in this Competition, Participants are required to:

a. Visit the NESCAFÉ Ghana official Instagram or Facebook pages to participate.

b.  The guidelines for the Competition are as follows:

i)   Each week of the first five weeks of the Competition Period, the Agency will present a pair of songs and ask Participants to choose which one is more inspirational to make a playlist.  

ii)  Five (5) different pairs of songs will be presented for Participants to choose the most inspirational of each pair.

iv.  On the sixth week of the Competition Period, the Agency will present all five (5) pairs of songs and ask Participants to predict the results for all the pairs. The first fifteen (15) Participants to predict correctly the five (5) most inspirational songs to make the playlist will each win a free six (6) months subscription on the Boomplay platform.

v.  Participants who correctly predict the five (5) most inspirational songs for the playlist will be announced as Winners when the playlist is unveiled. 

vi.  Participants must make their final predictions for the five  (5) most inspirational songs to make the playlist to be eligible to win the free subscription. Participants must register on the Boomplay platform after making their predictions.

vii.Winners would be contacted via the personal information they provide.

viii. 30 winners (15 selected from Facebook and 15 from Instagram) will receive six(6) months subscription. While additional winners will also receive Boomplay merchandise. Merchandise will be a combination of T-shirts and caps, fanny packs, water bottles, or school bags. What exactly goes into each package will be based on the availability of merchandise at the time.

5.2. A Participant is entitled to make only one (1) Prediction on multiple platforms during the Competition Period but is required to register on the NESCAFE platform before placing their final vote.  If a Participant votes more than once, the Agency shall choose the first in time as the Participant’s entry. Also, a Participant can only win once which is either Facebook or Instagram and not on both platforms at the same time.

5.3.   The Prize shall be presented within the Territory and is NOT transferable or exchangeable for cash. 

5.4.  A Participant selected to receive a Prize will be contacted either through social media or through the details provided when they were registering.

5.5.  Prizes will be presented to the Winners at such date, time, and place as the Agency may determine subject to the Client’s availability. The date, time, and place will be communicated by the Agency to the Winner.

5.6.   In the event a Winner fails to make himself or herself available to receive the Prize within fourteen (14) working days of notification for whatsoever reason, the Winner’s right to receive the Prize will automatically lapse and the Prize forfeited.

5.7.  A Winner shall be required to present a valid National ID card for verification before receiving the Prize.

5.8.  Prizes to be won are limited solely to those herein stated. No offer of any other Prize and/or compensation shall be given to any Winner in any manner and for any reason whatsoever.

5.9.   Entries that are incomplete, illegible, or indecipherable will not be valid and will be deemed void. All decisions on entries are at the sole discretion of the Agency and /or Client and are final. No liability will be accepted by the Agency and/or Client for any lost, damaged, misdirected, incorrect, or late participation, or for any technical difficulties that may affect the result of the Competition.

5.10.  The decision of the Agency and/or the Client concerning any aspect of the Competition will be final and binding.

5.11.   Participants selected to receive Prizes irrevocably agree to take part in publicity events such as press conferences, radio, and television interviews, and commercials, delivering written or spoken testimonials among other social engagements as and when called upon by the Agency.

5.12.  Under no circumstances will Participants be required to send money, airtime, or any other form of consideration (monetary or otherwise) in order to participate in the Competition and/or claim Prizes. Any requirement of such nature is fraudulent. The Agency and/or Client shall not be held liable for the acts of such fraudsters. Participants are entreated to report such activities by calling the toll-free number: 0800120001.

5.13. The Agency and/or the Client shall further not be liable for:

a.  Any technical failure or malfunction, or any other problem with any machine, telephone network or system, service provider, software or otherwise that may result in the inaccessibility of a Prize Winner, or a lost or unrecorded entry.

b. Any copyright infringement because of a Participant’s entry into the Competition.


6.  Release and Authorization:

6.1.  By entering this Competition, Participants agree and give consent to the processing, communication, and publication of their names, social media handle/page, likeness, image, and/or voice (including photograph, film, and/or recording of the same) (“Personal Information”) in any media for an unlimited period at any time in any territory through any medium of release (mass media, digital media, etc.). The Agency will however not be liable for any unauthorized use, reproduction, adaptation, or publication of the images by third parties.

6.2. The Agency is committed to safeguarding the Participants’ privacy and will process the Personal Information/Data of Participants in accordance with the Data Protection Act, 2012 (Act 843).

6.3.  By taking part in this Competition, each Participant releases and indemnifies the Agency and the Client (including their officers, employees, and subcontractors) from and against all actions, liabilities, penalties, claims or demands the Participant may have against the Agency and/or the Client or that the Agency and/or the Client may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of participation in the Competition or winning or failing to win a Prize to the fullest extent permissible by law.


7.   Variation and Disqualification:

7.1.  The Agency reserves the right to cancel, amend or vary this Competition and the rules thereof at any time with or without prior notice to the general public.

7.2.  The Agency shall further reserve the right, at its sole discretion to refuse a Participant his or her Prize upon the said Participant’s involvement in any of the following incidents:

a.   Actual or suspected fraud concerning the Competition.

b.  Any attempt to disrupt, tamper with or unfairly influence the Competition, or its operation mechanism.

c.  Breach of any of these Terms and Conditions; and

d.  Any other misconduct or unacceptable act as may be determined by the Agency and/or the Client.

7.3. In the event a Participant is disqualified, that Participant shall forfeit his or her Prize. In addition, the Agency and/or the Client shall reserve the right to take appropriate legal action against the said Participant.

7.4.  In the event of a discrepancy between these Terms and Conditions and the details in the Competition material (or any other terms and conditions provided/referred to at the time of entry), these Terms and Conditions shall prevail.


8.    Governing Law & Dispute Resolution:

8.1. The Competition and these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Ghana and where any provision of the Terms and Conditions is declared by a court of competent jurisdiction as invalid, void, or unenforceable, the remaining provisions of these Terms and Conditions shall continue to be valid to the fullest extent possible.

8.2. All disputes, differences and/or claims, arising out of this Competition and the Terms and Conditions, which are not resolved amicably within two (2) weeks of the dispute arising shall be resolved by an action in a court of competent jurisdiction. 


9.  Contact:

All queries relating to this Competition should be sent directly to the NESCAFÉ Facebook or Instagram pages (Ghana).