Coca-ColaShowcase Challenge - Season 4 (“Contest”) is being conducted by Coca-ColaIndia Private Limited (“CCIPL”) between August, 2017 and December, 2017 (“Contest Period”).
- Eligibility to Participate in the Contest:
- All first and second year students enrolled in the 2 year full time program post graduate/MBA program of the enlisted institutes - FMS, IIM-A, IIM-B, IIM-C, MDI, and XLRI Jamshedpur can participate in the Contest during the Contest Period (“Contestants”).
- Procedure for participation in the Contest:
- Contestants shall be required to follow the procedure which is detailed at http://www.coca-colaindia.com/campus-connect/showcase-overview
- Contestants are required to carefully go through the procedure set out on the referenced website and ensure compliance for participating in the present Contest.
- All prizes are given subject to applicable taxes and in compliance with the prevailing laws and regulations. Any levies, as applicable, shall be solely borne by the respective winner(s) only.
- CCIPL reserves the right, to be exercised at its sole and absolute discretion, to terminate, modify or extend this Contest, at any time, without assigning any reason. CCIPL’s decision will be final and binding regarding the Contest and the prizes.
- By participating in the Contest, the Contestants hereby release from and agree to indemnify CCIPL and/ or any of their respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the Prizes or participation in the Contest 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.
- Participation in Contest confirms unconditional acceptance of these terms and conditions by the Contestants and of CCIPL’s decisions in relation to the Contest.
- The Contestants shall execute all such documentation to indemnify and allow CCIPL and their assigns to use, display, copy, modify, distribute, publish, sell, assign, exchange, license, sub-license, in any and all locations, in any medium, form or format, in any number, the image/likeness and the reproductions thereof, the entry submission of the Contestants for the Contest, and any biographical information furnished by the Contestant(s) to CCIPL in perpetuity.
- Any dispute arising from the conduct or execution of this Contest or any dispute regarding the interpretation or enforcement of these terms and conditions shall be subject to the exclusive jurisdiction of the courts situated at Gurgaon.
- These terms of non-disclosure and undertakings (“Terms”) set out the conditions of confidentiality, non-disclosure, assignment of rights in your submissions and certain undertakings in relation to the CCIPL Showcase Business Challenge-Season-4 (the “Contest”), organized by
Coca-ColaIndia Private Limited (“CCIPL”).
- By submitting the registration form for the Contest, you who are part of your team agree to abide by these Terms. Further, you accept these Terms for the Contest.
- In connection with the Contest, CCIPL may disclose valuable proprietary information to you relating to its operations.
- You may have access to or obtain certain financial or other sensitive information which CCIPL has an obligation or commercial need to keep confidential.
- You agree to protect the confidentiality of and prevent the unauthorized use and disclosure of such information.
PLEASE REVIEW THE TERMS BELOW CAREFULLY. YOU AS A MEMBER OF THE TEAM PARTICIPATING IN THE CONTEST ARE REQUIRED TO READ, UNDERSTAND AND ACCEPT THE TERMS MENTIONED BELOW.
Confidential Information As used herein, “Confidential Information” means all information, currently existing or subsequently created during Contest, that CCIPL and/or any of its affiliates owns or controls that is not generally known to the public, whether of a technical, business or other nature (including, without limitation, sensitive market and business-specific information, clients, service offerings, operational processes, strategic objectives, software documentation, passwords, standard formats, trade secrets, know-how and information relating to the technology, customers, strategic partners, business plans, promotional and marketing objectives and timing, finances and other business affairs of such party or otherwise related to CCIPL’s or its affiliates’ business, operations, management, assets, properties, condition, financial or otherwise, or results of operations), that is disclosed by CCIPL to you or that is otherwise learned by you in the course of your participation in the Contest.
Use and Ownership of Confidential Information You agree not to disclose CCIPL’s Confidential Information to anyone without CCIPL’s prior written consent. In addition, you will not use, or permit others to use, CCIPL’s Confidential Information for any purpose whatsoever. You agree to take all reasonable measures to avoid disclosure, dissemination or unauthorized use of CCIPL’s Confidential Information. All CCIPL’s Confidential Information will remain the exclusive property of CCIPL, and you shall have no rights, by license or otherwise, to use the Confidential Information except as expressly provided herein.
Return of Confidential Information Upon CCIPL’s request, you agree to promptly return or destroy (or, in the case of electronic embodiments, permanently erase) all tangible material embodying CCIPL Confidential Information (in any form and including, without limitation, all summaries, copies and excerpts of CCIPL Confidential Information) in your possession or under your control.
Undertakings In respect of your participation in the Contest, you hereby agree and undertake that:
- You shall assign irrevocably, exclusively and without any payment of royalty, to the extent and in forms and ways permissible under applicable laws throughout the world, to CCIPL all intellectual property rights of whatever nature created for the purposes of the Contest (case solutions, business plans, any visual or three-dimensional materials, and other work in relation thereto) (hereinafter the “Contest Submissions”), including, but not limited to, copyright, inventions, designs and design rights, patents and patent applications, trade secrets, trademarks and know-how.
- You hereby waive all moral rights under the Indian Copyright Act, 1957 or any equivalent laws in respect of any and all of the Contest Submissions. You agree to assist CCIPL and execute such documents, as requested by CCIPL and at the cost of CCIPL, for the purpose of giving effect to the intent of this clause.
- You acknowledge that your participation in the Contest shall in no way guarantee your employment in any form with CCIPL or its affiliates.
- CCIPL shall be entitled to use all or any portion of any of the Contest Submissions for its business purposes, including without limitation marketing and/or promoting CCIPL’s products and services.
- CCIPL shall be entitled to make reproduction or innovation of the Contest Submissions in any way, and in any media, now known or in the future developed, including, without limitation, in physical, audio, digital, multimedia formats.
- The Contest Submissions:
- shall be original works of authorship and will have been created by you for the purposes of the Contest;
- will not violate the intellectual property rights of any third party; and
- shall contain nothing obscene, indecent, libellous, scandalous, illegal or otherwise objectionable.
- You shall not publicise the whole or any part of the Contest Submissions, or your participation in the Contest. You undertake that without the prior written approval of CCIPL, you shall not engage in any marketing or promotional activities, commercial or non-commercial, taking advantage of your participation in the Contest or the Contest Submissions, in any form or at any time or any place.
- You shall indemnify and hold harmless CCIPL and its group or affiliate companies and their respective officers, directors, employees, agents, service providers and representatives from and against any liability, claims, proceedings, costs and damages (including reasonable legal expenses) incurred or suffered or awarded or paid in respect of or arising out of any breach or non-performance of any of the representations and undertakings set out hereinabove or out of any claim by a third party based on facts, which if substantiated would constitute a breach or non-performance of such
- You agree and understand that the terms of this undertaking shall survive your ceasing to be a participant in the Contest for any reason.
Injunctive Relief You agree and acknowledge that disclosure or use of CCIPL Confidential Information in violation of these Terms or a breach of the undertakings could cause irreparable harm to CCIPL and its affiliates for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that the CCIPL will have the right, in addition to its other rights and remedies, to seek injunctive relief for any violation of these Terms.
Non-waiver It is understood that any failure or delay by CCIPL to enforce CCIPL’s rights, powers or privileges hereunder, including, without limitation, the strict performance of any provision of the Terms, will not constitute a waiver of its right to subsequently enforce such provision or any other provision of the Terms.
Attorney Fees In the event any court action is commenced by one party against any other with respect to these Terms, the substantially prevailing party may be entitled to recover its out-of-pocket and court costs and reasonable attorney fees.
Applicable Law These Terms shall be governed by the laws of the Republic of India and the courts of Gurgaon, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same.