TERMS AND CONDITIONS
Clause
Title
Terms and Conditions
1.
Promotion details and Concept
1.1. The ‘Thums Up KHOLO TOOFANI BOLO “ (“Promotion”), is sponsored by Coca-Cola India Private Limited (“CCIPL”) in select cities of West Bengal and Uttar Pradesh
1.2. Interested individuals residing in the state of West Bengal or Uttar Pradesh may participate in the Promotion by purchasing any of 300 ml, 400 ml and/or 600 ml Thums Up PET bottles (“Promotion Products”) depending upon the availability of the product in the area, and submitting the unique code printed behind the labels/closure of the Promotion Products (“Unique Code”) through SMS to the designated number prescribed herein.
1.3. Interested individuals who participate in the Promotion will have the opportunity to get recharge of INR 100 on their mobile phone number on a daily basis (each a “Prize” and collectively the “Prizes”).
1.4. The Promotion shall be conducted between 10th April, 2016 and 19th May, 2016, both days inclusive (“Promotion Period”).
1.5. Stock of Thums Up without the Promotion offer will also be available across India. This offer may not be available on certain Thums Up PET bottles in some parts of West Bengal and Uttar Pradesh
1.6. Each day of the Promotion Period One Thousand (1000) winners (“Winners”) shall be shortlisted from each state, (by a computerised draw conducted by the Chartered Accountant (“CA”) appointed by CCIPL) who shall be eligible to get the recharge of INR 100 on their mobile phone number on a daily basis. Besides 1000 main winners, CA shall shortlist 1000 backup winners through the random draw. In case of failure of recharge from the list of 1000 main Winners, One97 communications limited would select from the backup list on first come first basis till 1000 winners have been successfully recharged.
1.7. The Participants’ mobile number used for sending the SMS (as defined herein) will be considered the registered mobile number for the Participant and shall be used for all further correspondence with the Participant for the purpose of the Promotion.On submitting the Unique Code in the manner prescribed below, the Participant shall become eligible to be chosen as a Winner under the Promotion.
1.8. Certain stock of the Promotion Products containing the Promotion offer may continue to be available even after the Promotion Period. However, prospective Participants understand and agree that they will not be permitted to participate in the Promotion after the expiry of the Promotion Period and further, agree not to raise any claim or complaint against CCIPL or its agents in this respect.
1.9. The Promotion is advertised and promoted, inter alia through media including radio, digital, media, including television (news and other channels), point of sale materials, outdoor publicity through banners, posters, billboards, public announcements, websites and other available media.
1.10. The Promotion is subject to all applicable central, state and local laws and regulations. Individuals will also have access to a toll-free helpline number 1800 102 6862 which they can call on to clarify their doubts and queries with respect to the Promotion between 10 AM to 6 PM (working hours) Monday to Saturday.
1.11. By participating in this Promotion, the Participant accepts and agrees to abide by these terms and conditions of the Promotion (“Terms”).
1.12. These Terms will be hosted at the web page being www.coca-colaindia.com/kholotoofanitnc (“Promotion Website”).
2.
CCIPL and its Partners
2.1. This Promotion is sponsored by Coca-Cola India Private Limited, having its corporate office at 16th Floor, One Horizon Centre, Golf Course Road, DLF-V, Sector 43, Gurgaon.
2.2. One97 Communication Limited shall manage the execution and logistics related to the Promotion commencing with the SMS application process leading up to handing over of final list of validated winners to CCIPL and confirming credit of INR 100 recharge on mobile number of validated winners under the Promotion.
2.3. An accredited firm of Chartered Accountants appointed by CCIPL (“CA”) will determine the Winners of the Promotion in accordance with the procedure prescribed herein.
3.
Agreement to Terms and Conditions
3.1. Entry and participation in this Promotion will be deemed as an unconditional and an unequivocal acceptance of these Terms, including any modifications, revisions and amendments thereto. The decisions of CCIPL, One97 Communication Limited and/or the CA shall be final and binding on the Participants in all matters related to the Promotion.
3.2. Further, the Participants recognize that these Terms may be modified by CCIPL from time to time without any prior/public notice by posting the applicable terms and conditions on the Promotion Website.
3.3. CCIPL also reserves the right to cancel or terminate the Promotion at any stage without assigning any reasons whatsoever. Successfully entering the Promotion and winning a Prize is subject to all requirements set forth herein.
4.
Promotion Period
This Promotion will commence on 10th April, 2016 and will continue until 19th May, 2016 inclusive of both days (“Promotion Period”).
5.
Eligibility Criteria
5.1. Entry and participation in this Promotion is open to all persons currently residing in select cities of West Bengal and Uttar Pradesh who satisfy each of the following criteria:
a. are over the age of 18 years;
b. own a valid cellular GSM or CDMA phone connection that is accessible at all times;
c. have not been arrested or convicted of any crime or been the subject of any criminal investigation;
d. bear a good moral character and have not been implicated or named in any legal proceedings (either civil or criminal); and
e. are not management, employees, directors or contractors, or the family of the management, employees, directors or contractors of CCIPL, One97 Communication Limited, CA firm appointed by CCIPL, their related entities or other agencies, firms or companies associated with the Promotion.
5.2. Eligible Persons
a. For the sake of clarity, this Promotion is not open to Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs) and Persons of Indian Origin (PIOs).
b. Eligible persons participating or seeking to participate in the Promotion shall individually be referred to as “Participant” and collectively as “Participants”.
c. Persons intending to participate in the Promotion, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”), shall de-register themselves from the NDNC Registry till the completion of the Promotion (including the delivery of Prizes (if applicable) under this Promotion). Such persons agree not to make any claim or raise any complaint whatsoever against CCIPL in this respect.
d. Please note that persons intending to participate in the Promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against CCIPL, One97 Communication Limited, CA or any other agents of CCIPL if they do or do not receive any call with respect to their application, participation and all other matters pertaining to the Promotion.
5.3. By participating in this Promotion, the Participant agrees to receive details and information about this Promotion on his/her mobile, through SMS or voice calls, during the tenure of the Promotion.
6.
How to enter the Promotion
6.1. Participants wishing to enter the Promotion may do so through the following route:
a. Participants are required to SMS “Unique Code” to 75299 75299 or any other number designated by CCIPL during the Promotion Period from any GSM or CDMA mobile phone connection.
b. Upon submission of the Unique Code, the Participant shall receive an acknowledgement SMS on their registered mobile phone number.
c. If an SMS is received before the commencement of the Promotion Period, the Participant will receive an SMS requesting the Participant to apply during the appropriate period and time. If an SMS is received after the completion of the Promotion Period, the Participant will be informed about the closure of the Promotion.
d. If the Participant sends an SMS in incorrect format, or contains an invalid code, the Participant will receive an SMS informing the Participant of the required format along with a request to reapply.
6.2. Standard charges for SMS will apply (this will depend upon the call tariff of the Participant(s) mobile service provider). However, these rates are not fixed and may be subject to change by each Participant’s concerned mobile service provider. However, it is strongly recommended that Participants familiarize, check and confirm the rates for such SMS’ with their respective telecom service providers before participating in the Promotion.
6.3. Please note that each Unique Code printed on the Product can be used only once for the purpose of participation. However, Participants are allowed to submit as many entries as they wish using different Unique Codes during the Promotion Period. Each Participant may be shortlisted as a Winner only once during a particular day. However he/she may shortlisted as a Winner multiple times during the entire Promotion Period.
6.4. Further, consumers acknowledge and understand that there may be Promotion Products containing Unique Codes on the label available for sale even after the end of the Promotion Period; however, consumers will not be entitled to participate in the Promotion at that time. Consumers agree not to make any claim or raise any complaint against CCIPL or One97 Communication Limited in this respect.
7.
Prizes and Winners
7.1. During the Promotion Period, total of Forty thousand (40000) Winners will be shortlisted (“Eligible Winners”) from each state.
7.2. Each Daily Winner shall be eligible to win the recharge amount, subject to these Terms.
8.
Selecting Winners and Distribution or Crediting of Prize.
8.1. One97 Communication Limited will transmit all the valid entries daily to the appointed CA, who shall ascertain the One Thousand (1000) Winners along with list of back up winners eligible to receive the recharge amount each day during the Promotion Period.
8.2. The mobile number of the Confirmed Winners shall be announced on the Promotion Website or in any manner deemed appropriate by CCIPL, once the Winners have been confirmed.
8.3. The winner shall get the recharge amount on their registered mobile number. CCIPL and/or its agents shall not be liable for default or delay in delivery of recharge amount. Crediting of talktime on the registered mobile phone of the Winners is subject to the applicable terms of the telecom service provider of the Winners.
9.
Publicity
9.1. The Participants undertake and irrevocably and unconditionally permit CCIPL to cover the Promotion through various media including newspapers, radio, point of sale materials, etc., and shall not raise any objection, protest or demur whatsoever to such coverage or in this regard.
9.2. Whilst CCIPL shall make all reasonable efforts, there is no obligation on the part of CCIPL to air any entry.
9.3. The Winners must, at the request of CCIPL, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge, and they consent to CCIPL using their name and image in all promotional materials.
10.
Intellectual Property Rights
10.1. All right, title and interest, including but not limited to the intellectual property rights, in the promotional material(s) and in any and all responses received shall vest solely and exclusively with CCIPL at all times.
10.2. CCIPL or any person or entity permitted by CCIPL in this regard shall be entitled to use any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.
10.3. All material submitted in connection with the Promotion (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to CCIPL upon submission and become the property of CCIPL exclusively.
10.4. CCIPL may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of CCIPL.
11.
General Conditions
11.1. Each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/or entering this Promotion the Participant warrants that all information provided by him/her under this Promotion including but not limited to his/her name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
11.2. CCIPL may, at any time, verify or authorize verification of the Participant’s entry (including such Participant’s telephone number and any other related relevant document) and disqualify any Participant (at any stage of the Promotion) if it is found that such Participant has submitted an entry or any documents that is inconsistent with these Terms.
11.3. CCIPL may, disqualify any Participant if such Participant engages in or it is found that such Participant has engaged in any illegal, unlawful or improper conduct (with regard to the Promotion or otherwise).
11.4. The decision of CA and/or One97 Communication Limited as regards the selection of valid entries, Winners is subject only to CCIPL’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained. The Prizes cannot be exchanged and are not transferable or refundable. Further, the Prizes are not redeemable for cash or any monetary benefits in kind.
11.5. CCIPL reserves the right at its sole discretion to cancel, terminate, postpone, modify or suspend the Promotion in whole or in part at any time including if, for any reason, the Promotion is not capable of running as planned, including due to any technical failure or any other causes beyond the control of CCIPL or One97 Communication Limited and will not be liable for any consequential losses/damages.
11.6. All Winners and/or Participants agree that no claims or complaints may be raised against CCIPL, One97 Communication Limited or any of their affiliates, representatives, associates etc. in this respect. Any decision of CCIPL in this regard and in general with respect to this Promotion and the Terms thereto shall be final, binding and non-contestable.
11.7. CCIPL further reserves the right to modify or cancel the recharge amount offered under this Promotion, at its sole and absolute discretion. The Winners and/or the Participants agree that no claims or complaints whatsoever may be raised against CCIPL, One97 Communication Limited or any of their affiliates, representatives, associates etc. in this respect.
11.8. Participants shall follow all directions/rules and regulations (whether communicated in written form or verbally) framed by CCIPL or One97 Communication Limited at all times in connection with the Promotion. Any deviation or objection by any Participant(s) may result in their disqualification from the Promotion.
11.9. The Participant(s) hereby undertake to provide and/or execute any documents as may be deemed necessary by CCIPL to effectively carry out his/her obligations under the Promotion and/or its Terms.
11.10. Employees and family members of CCIPL, One97 Communication Limited, their associates and affiliates are not eligible to participate in the Promotion.
11.11. Nothing contained herein amounts to a commitment or representation by CCIPL to conduct further promotions.
11.12. The decision of CCIPL shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between any Participant and CCIPL and the Participant shall not have the authority to bind CCIPL in any manner whatsoever.
11.13. CCIPL, One97 Communication Limited, CA and other agents of CCIPL shall not be liable to perform any of their respective obligations under the Promotion or in respect of the Prizes where they are unable to do so as a result of circumstances beyond their control in the nature of fire, explosions, natural calamities, state emergency, riots, government restrictions or any other Force Majeure condition, etc., and shall not be liable to compensate the Winners or the Participants in these circumstances.
11.14. Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of CCIPL or One97 Communication Limited
11.15. Winners and Participants undertake not to, at any time, disclose, reveal, communicate or otherwise make public any information relating to CCIPL, their respective business, personnel, servants, agents or officers to anyone.
11.16. CCIPL accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, communication, documents, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. CCIPL shall not liable for any consequences of user error including (without limitation) costs incurred. In addition if the documents and other requirements are lost, damaged, defaced, tainted, illegible or corrupted on account of the fault or deficiency of the Postal Services, CCIPL shall not be under an obligation to entertain such documents and CCIPL may at its sole discretion choose to disentitle the Winner from his/her Prize. CCIPL is not obliged to inform such a Winner of the disentitlement; however, it may choose to bring the same to the notice of the Winner through any of the means available to it.
11.17. If a Participant is dissatisfied with the Promotion or the Promotion Terms, his/her sole and exclusive remedy is to not participate in the Promotion.
11.18. The general terms and conditions and privacy policy on the Promotion Website shall be applicable in addition to these Terms.
11.19. Neither CCIPL or One97 Communication Limited shall be required to publish or disclose any personal details about the Winners of the Promotion (excluding the names of the Winners which may be published on the Promotion Website), including but not limited to their telephone number, address, etc., as such disclosure shall amount to violation of the privacy rights of Winners.
11.20. Please note that neither CCIPL, One97 Communication Limited or any of its affiliates, representatives etc. shall be responsible for any disruption, disturbance or disconnection in the phone line and any undelivered, and/or incomplete SMS and all disputes, complaints, claims shall be raised with the telecom service provider only.
11.21. Winners under the Promotion will receive Prize irrespective of tariff plan of the Winner with his/her telecom service provider i.e. whether on pre paid or post paid plan. The intimation of credit of Rs. 100 recharge on the Winner(s) mobile number will be intimated by the telecom service provider in the Winner(s) account or balance in accordance with its policies.
11.22. These Terms may be altered by CCIPL at its sole and absolute discretion and without any notice to the Winners and/or Participants.
12.
Release and Limitations of Liability
12.1. By entering the Promotion, the Participants hereby release from and agree to indemnify CCIPL, One97 Communication Limited and/ or any of their respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the Prize or participation in the Promotion including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
12.2. CCIPL accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of themselves or third parties in relation to the Prizes. CCIPL, One97 Communication Limited and CA and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for any late, lost, misrouted, garbled or distorted or damaged transmissions or entries.
12.3. The Participant(s) shall be solely responsible for any consequences which may arise due to their participation in the Promotion by conducting an illegal act. Participant(s) also undertakes to indemnify CCIPL and/or One97 Communication Limited and/or the CA and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by CCIPL or One97 Communication Limited or CA on account of such act on the part of the Participant. Participant(s) hereby agree to indemnify, defend and hold harmless CCIPL in case of any loss or liability (including but not limited to liabilities, judgments, damages, losses, fines and penalties, claims, costs and expenses such as attorneys’ fees and expenses) or any other loss associated with, arising out of or incidental to their ineligibility to participate, any untoward, rash or negligent act on their part, or non-compliance or alleged non-compliance with these Terms, any other rules, regulations, directives (whether written or verbal) issued by CCIPL or One97 Communication Limited from time to time, during the Promotion.
12.4. To the fullest extent permitted by law, in no event will CCIPL or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that CCIPL may engage for purposes of the Promotion), be liable for any loss or damages (including, without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Promotion and/or the Promotion Prizes, even if CCIPL has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The Participant shall indemnify, defend, and hold CCIPL harmless in the event of there being any third party/entity/organization claims arising from or related to his/her participation in the Promotion. In no event shall CCIPL be liable to any Participant for acts or omissions arising out of or related to the Promotion or his/her participation in the Promotion.
12.5. In consideration of CCIPL allowing the Participant(s) to take part in the Promotion, to the maximum extent permitted by law, the Participant(s) waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against CCIPL, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Promotion or related to the Promotion or the Prizes of the Promotion.
13.
Dispute Resolution and Governing Laws
13.1. The courts of competent jurisdiction at Gurgaon shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Promotion.
13.2. Participation in the Promotion is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this clause.
13.3. Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Participants and/or CCIPL and/or partners of this Promotion, shall be governed and construed in accordance with the laws of the Republic of India.
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