COCA-COLA RANG DE INDIA PROMOTION 2017

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Terms and Conditions

Promotion details and Concept

The Coca-Cola Rang De India Promotion 2017 (“Promotion”) is sponsored by Coca-Cola India Private Limited (“CCIPL”) wherein individuals residing in India (except Tamil Nadu) will have the opportunity to win gold gift vouchers (the “Prizes”). The Promotion shall be conducted between 1 September, 2017 and 22 October, 2017, both days inclusive (“Promotion Period”).

Interested individuals may participate in the Promotion by purchasing any of 600 ml or 750 ml PET packs of Fanta, Sprite, Limca, Rimzim, Fanta Apple or Fanta Portello (“Promotion Products”) and submitting the 8 digit unique code printed behind the stickers on the Promotion Products (“Unique Code”) through SMS to the designated number prescribed herein.

The Promotion has two winning categories:

a) Daily Winners:
Through the Promotion Period, ten (10) winners will be chosen through lucky draw (“Daily Winners”) each day of the Promotion and shall have a chance to win gold gift vouchers worth INR 5001; and

b) SMS Challenge Winners:
On the submission of the Unique Code, the Participant (as defined herein) shall receive one letter of the alphabet as a response via SMS. Through the Promotion Period, the first forty (40) participants who have collected all the letters to make the words ‘DIWALI’ or ‘DUSSHERA’ shall be eligible to win gold gift vouchers worth INR 25000 (“Grand Winners”).

“Winners” shall mean a collective reference to Daily Winners and Grand Winners.

The Participant will be required to provide a valid and existing mobile number which will be considered as 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, the Participant shall become eligible to be chosen as a Winner under the Promotion.

Stock of Promotion Products without the Promotion offer will also be available across India during the Promotion Period. Further, certain stock of 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.

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, website and other available media.

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 “[080 4055 4866]” between 10:30 HRS Indian Standard Time (“IST”) and 17:30 HRS IST (Mon-Fri, excluding bank and public holidays)which they can call on to clarify their doubts and queries with respect to the Promotion.

By participating in this Promotion, the Participant accepts and agrees to abide by these terms and conditions of the Promotion (“Terms”).

These Terms will be hosted at the webpage www.coca-colaindia.com/RangDeIndia (“Promotion Website”).

CCIPL and its Partners

This Promotion is sponsored by Coca-Cola India Private Limited, having its corporate office at One Horizon Centre (16th & 17th Floor), DLF Golf Course Road, DLF Phase 5, Sector 43, Gurgaon, Haryana 122002.

This Promotion is administered by [Premier Sales Promotions Pvt. Ltd.] (“BigCity”), which shall manage the logistics related to the Promotion, commencing with the SMS-based application process leading up to the handing over of final list of Winners along with relevant documents to CCIPL.

An accredited firm of Chartered Accountants appointed by CCIPL (“CA”) will determine the Daily Winners of the Promotion in accordance with the procedure prescribed herein.

Agreement to Terms and Conditions

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, BigCity and/or the CA shall be final and binding on the Participants in all matters related to the Promotion. 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. 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.

Promotion Period

This Promotion will commence at 00:00:01 HRS Indian Standard Time (“IST”) on 1 September, 2017 and will continue until 22 October, 2017 21:59:59 HRS IST (“Promotion Period”).

The last entry to be considered for the purpose of the Promotion will be at 21:59:59 HRS IST on 22 October, 2017.

Eligibility Criteria

This Promotion is valid across India except the state of Tamil Nadu. Entry and participation in this Promotion is open to Indian citizens currently residing in India (excluding residents of Tamil Nadu), who satisfy each of the following criteria:

• are over the age of 18 years;
• own a valid cellular GSM or CDMA phone connection that is accessible at all times;
• have not been arrested or convicted of any crime or been the subject of any criminal investigation;
• bear a good moral character and have not been implicated or named in any legal proceedings (either civil or criminal); and
• are not management, employees, directors or contractors, or the family of the management, employees, directors or contractors of CCIPL, BigCity or the CA, their related entities or other agencies, firms or companies associated with the Promotion (including suppliers of Prizes).

Please note that this Promotion is not valid in the state of Tamil Nadu, and any application received from residents of Tamil Nadu shall be declared as null and void and shall not be taken into consideration for the purpose of determining the Winners of the Prizes.

Eligible Persons

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).

Eligible persons participating or seeking to participate in the Promotion shall individually be referred to as “Participant” and collectively as “Participants”.

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. 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, BigCity, 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.

By participating in this Promotion the Participant agrees to receive details and information this Promotion, on his/her mobile, through SMS or voice calls, during the tenure of the Promotion.

How to enter the Promotion

Participants wishing to enter the Promotion may do so through the following route:

• Participants are required to SMS “<8 digit unique code>” to 810 532 4001 or any other number designated by CCIPL during the Promotion Period from any GSM or CDMA mobile phone connection.

• If an SMS is received from mobile numbers registered in Tamil Nadu, the Participant will receive a message informing the Participant that the Promotion is not available in the Participant’s state.

• If an SMS is received before the commencement of the Promotion Period, the Participant will receive a message 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. 

• If the Participant sends an SMS which is not in the prescribed 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.

• If the Participant sends a valid SMS in the prescribed format and during the Promotion Period, the Participant will receive a message confirming the Participant entry in the Promotion (“Valid Entry”) informing the Participant that the Participant will be contacted in case the Participant is shortlisted as a Winner under the Promotion.

• Along with the confirmation of the Valid Entry, the Participant shall also receive one (1) letter of the English alphabet. When the Participant has collected the letters to spell ‘DIWALI’ or ‘DUSSHERA’ via this promotion then the Participant shall be eligible to be declared as a Grand Winner under the Promotion. The participant has to collect the letter “I” twice in the case of DIWALI and the letter “S” twice in the case of DUSSHERA in order to be eligible to win the grand prize.

Please note that premium SMS charges may apply. However, these rates are not fixed and may be subject to change by each Participant’s concerned mobile service provider. However, we strongly recommend that Participants familiarize, check and confirm the rates for such SMS’ with their respective telecom service providers before participating in the Promotion.

Entry by proxy is not permitted. Eligible persons can only enter in their own name.

Please note that each Unique Code printed on a Coca-Cola 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. However, each Participant may be shortlisted as a Grand Winner only once during the Promotion Period.

Please note that all Participants are required to preserve all the stickers containing the Unique Code(s) they have used to participate in the Promotion and save all SMSes received with letters forming the word ‘DIWALI’ and/or ‘DUSSHERA’. Participants will not be eligible to receive any Prize unless the corresponding stickers and SMSes are preserved/saved and delivered to CCIPL and/or BigCity in the manner outlined below. Please note that the Participant will be ineligible to claim the Prize if the Participant fails to submit the winning sticker used for participation in the Promotion or submits any illegible, defaced, tainted or damaged stickers and the Participant shall not raise any claims or complaints whatsoever against CCIPL or BigCity in this respect. However, CCIPL reserves the right to exercise its sole discretion in this regard.

Further, consumers acknowledge and understand that there may be Promotion Products containing Unique Codes on the sticker available for sale even after the end of the Promotion Period; however, consumers will not be entitled to participation in the Promotion at that time. Consumers agree not to make any claim or raise any complaint against CCIPL or BigCity in this respect.

Prizes and Winners

During the Promotion Period, the CA shall generate ten (10) Daily Winners through random computerized lucky draw for each day of the Promotion Period, who shall be eligible to win a gold gift voucher worth INR 5001. The Daily Winners for each week of the Promotion Period shall be  announced within 14 business days of the following week..

Participants who have collected all letters to form the words ‘DIWALI’ or ‘DUSSHERA’ on submitting Valid Entries shall be eligible to win gold gift vouchers worth INR 25000. There shall be a total of forty (40) Grand Winners through the Promotion Period.

Selecting and Contacting Winners

BigCity will transmit all the Valid Entries classified Weekly to the appointed CA, who shall ascertain the ten (10) Daily Winners eligible to receive the Prizes each day of the Promotion Period.

Each Daily Winner shall be generated by the CA through a random computerized lucky draw conducted after the conclusion of the Promotion.

In addition to the Daily Winners, ten(10) backup winner shall be shortlisted from amongst the Participantsfor each day of the promotion, who may be eligible to win the Prize in the event the Daily Winners are not reachable, busy, unavailable or not interested.

BigCity will determine the forty (40) Grand Winners and notify CCIPL.

In case a Daily Winner is not reachable, busy, unavailable or not interested, the backup winners shall be the new Daily Winner. In case all the shortlisted people are  also not reachable, busy, unavailable or not interested, the slot for that day shall remain vacant In case a Grand Winner is not reachable, busy, unavailable or not interested, the slot shall remain vacant and a forfeiture SMS shall be sent to the registered mobile number.

The Daily Winners and Grand Winners shall together be referred to as the “Eligible Winners”.

BigCity shall contact the Eligible Winners a maximum of three (3) times.

The Eligible Winners shall be eligible to receive the Prize subject to the terms and conditions detailed below.

• In the event the Eligible Winner’s number is busy, unreachable, or the Eligible Winner does not attend the call, three (3) more attempts will be made to reach the Eligible Winner on the same day at a regular interval of one hour each. If even on the last attempt, the Eligible Winner does not attend the call, or is unreachable, or confirms that he/she is not interested in continuing in the Promotion, the Eligible Winner’s participation in the Promotion shall come to an end, his/her entry shall stand canceled and he/she shall not be eligible to receive any Prize. An SMS confirming the cancellation of entry will be sent to him/her. Once an Eligible Winner has been sent an SMS confirming cancellation of entry, no request for reconsideration shall be entertained.
• In the event the Eligible Winner attends the call on either the second or third attempt and confirms that he/she is interested in continuing in the Promotion, the procedure outlined in step (g) shall apply.
• In the event the Eligible Winner requests BigCity to call back at a particular time within the next 24 (twenty four) hours BigCity shall call the Eligible Winner at the designated time. If the Eligible Winner is unreachable or does not respond to the call, two (2) more attempts will be made to call the Eligible Winner. If the Eligible Winner responds and confirms that he/she is interested in participating in the Promotion, the procedure outlined in step (g) shall apply.
• In the event an Eligible Winner indicates that he/she is not interested in continuing in the Promotion and claiming his/her Prize, or the Eligible Winner does not attend the call, or is unreachable, BigCity shall inform him/her that his/her entry in the Promotion stands cancelled and the he/she is not eligible to receive his/her Prize. An SMS confirming the cancellation of entry will be sent to him/her.
• If the Eligible Winner is contacted and interested in continuing in the Promotion the caller will ask the Eligible Winner if he/she is in possession of all the stickers used to participate in the Promotion. If the Eligible Winner replies positively, the process outlined in step (g) shall apply. If the Eligible Winner replies in the negative the Eligible Winner will be informed that his/her Prize has been forfeited and an SMS confirming the forfeiture will be sent to the Eligible Winner.
• If the Eligible Winner is contacted and interested in continuing in the Promotion and is in possession of the Unique Codes the caller shall verify the Unique Code used to enter the Promotion and shall also ask the Eligible Winner to provide details such as first name, surname, address, phone number, mobile number, email address and other details as may be considered necessary by CCIPL or BigCity. Accordingly, BigCity shall e-mail/courier the format an Information Letter (Annexure 1) and of the Consent to the Terms and Conditions (Annexure 2) to the Eligible Winner.

• Winners: The Eligible Winner will be then required to send the following either by Registered Post Acknowledgement Due or via Courier to the address provided below within seven (7) working days of the receipt of format of the Consent to Terms and Conditions:

• The sticker/s used to participate in the Promotion containing the Unique Code/s for the purpose of physical authentication;
• Grand Winners shall also send a printout containing the SMSes with the requisite letters of the alphabet which makes them eligible to receive the Prize.
• Consent Letter to the Terms & Conditions of the Promotion duly signed by the Eligible Winner (as per Annexure 2); and
• The following documents that are self-attested for the purpose of taxation and legal validation:
• Photocopy of government approved address proof (voter’s ID card, driver’s license, passport etc.)
• Photocopy of PAN Card.

(together the “Verification/Required Documents”)

Postal Address:
“Coca-Cola Rang De India Promotion 2017”
[BigCity Promotions, 4th Floor, Mitra Towers, 10/4 Kasturba Road, Bangalore - 560001

On receipt of the relevant documents from the Eligible Winners, BigCity shall forward the same to CCIPL for the purpose of physical authentication, verification and validation. Once all the documents submitted are validated, BigCity shall issue a Congratulatory Letter (Annexure 3) and a No-Claims Letter (Annexure 4) to the Eligible Winners within a reasonable time of the receipt of the required documents. The No-Claims letter will have to be signed and returned by the Eligible Winner to the courier without which the Eligible Winner will not be able to collect the Prize. Once the No-Claims letter is signed and returned to the courier in the prescribed format, the Eligible Winner will be declared a “Confirmed Winner”.

Please note that CCIPL or BigCity shall not be liable for any failure in the delivery of the abovementioned documents (to be sent by CCIPL or BigCity to the Eligible Winner) on account of an incorrect, inaccurate, or erroneous address provided by the Eligible Winner.

Please note that the costs of sending the Verification/Required Documents shall be borne by the Eligible Winner alone. In addition, the Verification/Required Documents shall be sent by the Eligible Winner in the manner prescribed herein above. The Verification/Required Documents received or delivered through any other mode shall not be accepted and the Prize of the Eligible Winner shall stand automatically forfeited. However, CCIPL reserves the right to exercise discretion in this regard and the decision of CCIPL shall be final and binding. The Eligible Winner or any person claiming through him shall have no right to any claim or complaint against CCIPL in this respect.
No Prize will be awarded if the information presented by the Participant(s) at the time of entering the Promotion, or at any subsequent stage is not factually correct.
The Prize to the Confirmed Winners shall be awarded subject to production/signing of all such documents/papers (such as identity proof etc.) as required by CCIPL or BigCity. Apart from the Prize, the Winner(s)/Confirmed Winner(s) or their legal heirs will have no other rights or claims against CCIPL.

The daily winner will not be eligible for a second daily prize but is still eligible for the grand prize.

Reminder

If any Eligible Winner fails to submit the Verification/Required Documents within the seven (7) day period, commencing from the date on which the Eligible Winner receives a call from BigCity, or submits incomplete or illegible documentation or fails to submit any required document, BigCity shall send an SMS to the Eligible Winner in seven (7) days, reminding him/her to submit the same (“Reminder SMS”).

If the Verification/Required Documents, in complete and legible form, are not received within eight (8) days of receipt of the Reminder SMS, the Eligible Winner Prize stands forfeited and his/her entry in the Promotion stands cancelled without any reminder SMS or any further communication

At this stage of the Promotion, if the Prize stands forfeited, the slot shall be rendered vacant.

No justification/explanation for non-receipt of the Verification/Required Documents shall be accepted, including but not limited to, inability of the postal department to deliver the documents on time. However, CCIPL reserves the right to accept late delivery of Verification Documents at its sole and absolute discretion.

Conditions relating to the Prize

The Winner(s) may not assign or transfer the Prize, and shall not be entitled to any compensation whether in cash or kind from CCIPL or BigCity.

The names of the Winners shall be announced on the Promotion Website or in any manner deemed appropriate by CCIPL once the Winners have been confirmed and verified.

The Prizes are inclusive of all taxes applicable thereon.  No portion of the Prizes offered under the Promotion is redeemable for cash. The Prizes are also not refundable or transferable.

Publicity

The Participants undertake and irrevocably and unconditionally permit CCIPL to cover the Promotion through various media including newspapers, radio, television including news and other channels, internet, point of sale materials, etc., and shall not raise any objection, protest or demur whatsoever to such coverage or in this regard.

Whilst CCIPL shall make all reasonable efforts, there is no obligation on the part of CCIPL to air any entry.

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.

Intellectual Property Rights

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. 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.

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. 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.

General Conditions

• 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 regarding his/her name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.

• Each Participant is required to provide full and accurate details of his/her name, permanent address, phone number, age and such other details as may be prescribed by CCIPL and it is to be understood that the Prize will be given to the Winner only upon furnishing of the prescribed details and documents to CCIPL or BigCity as applicable.

• CCIPL may, at any time, verify or authorize verification of the Participant’s entry (including such Participant’s identity, age, place of residence and affiliations) 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.

• 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).

• The decision of BigCity 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 are not redeemable for cash or any monetary benefits in kind.

• 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 BigCity and will not be liable for any consequential losses/damages. All Winners and/or Participants agree that no claims or complaints may be raised against CCIPL, BigCity 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.

• CCIPL further reserves the right to modify or cancel the Prize 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, BigCity or any of their affiliates, representatives, associates etc. in this respect.

• Participants shall follow all directions/rules and regulations (whether communicated in written form or verbally) framed by CCIPL or BigCity at all times in connection with the Promotion. Any deviation or objection by any Participant(s) may result in their disqualification from the Promotion.

• 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.

• Employees and family members of CCIPL, BigCity, their associates and affiliates are not eligible to participate in the Promotion.

• Nothing contained herein amounts to a commitment or representation by CCIPL to conduct further promotions.

• 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.

• CCIPL, BigCity, 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.

• 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 BigCity.

• 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.

• 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.

• 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.

• The general terms and conditions and privacy policy on the Promotion Website shall be applicable in addition to these Terms.

• Neither CCIPL or BigCity 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.

• Please note that neither CCIPL, BigCity 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.

• These Terms may be altered by CCIPL at its sole and absolute discretion and without any notice to the Winners and/or Participants.

Release and Limitations of Liability

• By entering the Promotion, the Participants hereby release from and agree to indemnify CCIPL, BigCity 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.

• 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, BigCity 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.

• 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 BigCity 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 BigCity 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 BigCity from time to time, during the Promotion.

• 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.

• 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.

Dispute

• 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.

• 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.

• 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.