Mondelez Terms and Conditions
The Cadbury Dairy Milk Oreo PALentine’s Day Pallad Program (the “Program”) is sponsored by Mondelēz International (“Mondelez”). By participating in the Program, you: (i) represent and warrant that you are a Canadian resident and have reached the legal age of majority in your province/ territory of residence; (ii) signify that you have read and agree to be legally bound by these Terms.
For the sole purpose of permitting you to participate in the Program in accordance with these Terms, Mondelez grants to you a non-exclusive, revocable license to customize a pallad made available on the Program website (the “Website”) using the Website functionality (a “Pallad”) and to share the Pallad with a Friend or Family Member between January 1, 2019 and June 30, 2019 (these terms are respectively defined below): (i) using the Facebook, WhatsApp or Twitter sharing buttons provided on the Website; or (ii) via email or text message using a customized URL provided to you on the Website. All other rights not expressly granted to you above are reserved by Mondelez.
Notwithstanding the foregoing, you: (i) agree that, as between you and Mondelez, all Pallads remain the sole and exclusive property of Mondelez; (ii) irrevocably assign and transfer any and all rights, title, and interest you have in a Pallad (including, without limitation, all copyright) to Mondelez; (iii) agree that Mondelez shall have the right to edit or modify all Pallads at its sole discretion for use and exploitation in any media throughout the world in perpetuity, and (iv) waive all moral rights that you may have in a Pallad in favour of Mondelez. You agree to execute any and all further documents as Mondelez may request to confirm, perfect or give full effect to the intent of these Terms, including without limitation recognizing the foregoing grant of rights to Mondelez.
By participating in the Program, you warrant and represent your use of a Pallad (as permitted pursuant to these Terms): (i) will not violate any applicable laws, regulations or regulatory policies; (ii) will not violate any third party rights; and (iii) will not be defamatory, obscene or otherwise inappropriate (as determined by Mondelez in its sole and absolute discretion).
As noted above, you may only share a Pallad with a “Friend” or a “Family Member” in compliance with Canada's anti-spam laws ("CASL"). A Friend for the purposes of these Terms means someone with whom you have a "personal relationship" (where it is reasonable to conclude such a relationship exists given factors such as the sharing of interests, experiences, opinions and information in the communications, the frequency of communications, the length of time since you last communicated and whether you have met in person and provided you have had direct, voluntary two-way communications). A Family Member for the purposes of these Terms means someone with whom you have a "family relationship" (in that you are related by marriage, a common-law partnership, or any parent-child relationship, and with whom you have had direct, voluntary two-way communications). Further, your Friend or Family Member must be someone from whom you have received consent under Canadian privacy laws to contact in connection with the Program. TO BE CLEAR, DO NOT SHARE A PALLAD WITH INDIVIDUALS WHO ARE NOT EITHER A “FRIEND” OR “FAMILY MEMBER” AS DESCRIBED ABOVE.
By participating in the Program, you hereby agree to indemnify, defend and hold harmless Mondelez, its parent company, affiliates and any other person or entity involved in the organization or execution of the Program and each of their respective agents, employees, directors, officers, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Website, participation in the Program, use of a Pallad and/or your breach of any of these Terms.