TERMS AND CONDITIONS

Paytm Promotion

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Terms and Conditions

  • 1

Promotion Details, Concept and Participation

The Paytm Promotion 2018 (“Promotion”) is a consumer promotion launched by Coca-Cola India Private Limited (“CCIPL”) comprising of 2 (Two) levels. The first level of the Promotion shall be valid for the individuals residing in India (“Promotion Territory Level 1”) and the second level of the Promotion shall be valid for the individuals residing in India except for the state of Tamil Nadu (“Promotion Territory Level 2”), wherein the individuals will get an opportunity to receive Rs. 15 (Fifteen) Paytm cashback in their Paytm wallet (“Promotion Level 1 Prize”) and Rs. 1,00,000 (One Lac) Paytm Cashback in their Paytm wallet (“Promotion Level 2 Prize”). It is hereby clarified that Promotion Level 1 Prize and Promotion Level 2 Prize shall collectively be known as “Prize”/ “Prizes”.
Individuals interested in participating in the Promotion are invited to send via an SMS, the 16 (Sixteen) digit unique code (“Unique Code”) printed behind the labels of Coca-Cola, Thums-Up, Fanta, Sprite, Limca and RimZim PET bottles (“Promotion Products”) to (0) 9901299012. The Unique Code may be found behind the label of 500ml, 600ml 750ml, 1.25 Litre, 2 Litre and 2.25 Litre PET bottles of Promotion Products.
Each participant sending a valid Unique Code, in the prescribed format is entitled to win Promotion Level 1 Prize, once per mobile number.
A participant sharing a valid Unique Code, in the prescribed format, the second and third time, becomes eligible to win the Promotion Level 2 Prize.
Stock without the Promotion offer will also be available across India. Further, certain stock containing the Promotion offer may continue to be available even after the Promotion Period. However, consumers understand and agree that they will not be permitted to participate in the Promotion after the expiration 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, 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 “18002082653 ” during the Promotion Period which they can call on to clarify their doubts and queries with respect to the Promotion.
These Promotion terms and conditions (“Terms”) will be hosted at www.coca-colaindia.com/promo (“Promotion Website”).

  • 2

CCIPL and Partners

This Promotion is sponsored by CCIPL, having its corporate office at 16th floor, One Horizon Center, Golf Course Road, DFL Phase V, Sector 43, Gurgaon.
This Promotion is administered by One97 Communications Limited (“One97”) which shall ensure the availability of a 10 digit long code for SMS, conceptualize the SMS/IVR for the Promotion Period, provide its technology platforms to CCIPL, including servers, bandwidth and other infrastructure including logistics as required, enabling CCIPL to run the SMS on the long code leading up to the handing over of list of winners along with relevant documents to CCIPL.

  • 3

Deemed acceptance of 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 and/or One97 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.

  • 4

Promotion Period

This Promotion will commence at 00:00:01 am Indian Standard Time (“IST”) on July 15, 2018 (“Start Date”) and will continue until September 30, 2018 11:59:59 pm IST (“End Date”). The entries shall be accepted until the End Date. (The Period between the Start Date and End Date shall be called the (“Promotion Period”).
The valid timings for receiving entries (SMS) for the Promotion are between 12:00:00 am and 11:59:59 pm each day of the Promotion Period (“Promotion Timings”).

  • 5

Eligibility

Subject to the criteria of Promotion Territory Level 1 and Promotion Territory Level 2, entry and participation in this Promotion is open to individuals who satisfy each of the following criteria (“Eligible Persons”):

  • own a valid cellular GSM or CDMA phone connection that is accessible at all times;
  • have a valid Paytm account.
  • bear a good moral character and have not been implicated or named in any legal proceedings (either civil or criminal).

Please note that any application received from residents of the state of Tamil Nadu for Promotion Level 2, shall be declared as null and void and shall not be taken into consideration for the purpose of determining the Winners of the Prize.
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”.
If any Eligible Person has listed his/her phone numbers on the National Do Not Call Registry (“NDNC Registry”), he/she shall de-register from the NDNC Registry prior to participating in the Promotion, till the completion of the Promotion (including availing of the Prize (if applicable) under the Promotion). Such persons agree not to make any claim or raise any complaint whatsoever against CCIPL or One97 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 or One97 if they do or do not receive any call or SMS with respect to their application, participation and all other matters pertaining to the Promotion.
By participating in the Promotion, each Participant hereby agrees to receive details and information on this Promotion, on their respective mobile phones, through SMS or voice calls, during the entire tenure of the Promotion.

  • 6

How to enter the Promotion

To enter the Promotion, Participants must purchase a 500ml, 600ml 750ml, 1.25 Litre, 2 Litre or 2.25 Litre PET bottles of Promotion Products and submit the Unique Code printed behind the label through an SMS to a long code as specified below.

  • 7

Participating in the Promotion

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

  1. As a first step, Participants are required to SMS the 16 (Sixteen) digit Unique Code to the messaging code (0) 9901299012 from any GSM or CDMA mobile phone connection anytime during the Promotion Period.
  2. The format of the SMS to be sent by the Participant is as follows: ‘unique code’ to (0)99012 99012.
  3. If a SMS is received before the commencement of the Promotion Period, the Participant will receive a message requesting him/her to apply during the Promotion Period. If a SMS is received after the completion of the Promotion Period, the Participant will receive a message informing him that the Promotion is over.
  4. If the Participant sends a SMS which is not in the prescribed format, or contains an invalid code he/she will receive a SMS informing him of the required format along with a request to reapply.
  5. If the Participant sends a SMS containing a Unique Code which has already been entered using the same or different number, he/she will receive a response SMS informing him/her to re-apply with a valid unused Unique Code.
  6. If the Participant sends a SMS in the prescribed format for Promotion Level 1, he/she will receive a message congratulating him/her on winning Promotion Level 1 Prize and acknowledging his participation in the Promotion and shall immediately receive another SMS providing the Paytm cash voucher (“Promotion Level 1 Valid Entry”)
  7. If the Participant sends a second and third SMS in the prescribed format he/she may win the Promotion Level 2 Prize by being part of the lucky draw which shall be held once each week for a total period of 10 (Ten) weeks under the Promotion. (“Promotion Level 2 Valid Entry”).
    Upon sending of three valid Unique Codes in the prescribed format under the Promotion, the Participant’s entry stays in the lucky draw pool for the entire duration of the Promotion.

Please note that standard SMS charges will apply (this will depend upon the call tariff of the user). However, these rates are not fixed and may be subject to change, and may vary from operator to operator. We recommend that the Participants confirm the applicable rates and charges with their respective telecom service providers.
Please note that one mobile number is eligible to win only once for both Promotion Lebel 1 and Promotion Level 2.
Entry by proxy is not permitted. Participants can only enter in their own name.
Please note that 1 (One) Unique Code can be used only once for the purpose of participation and will be blocked for all subsequent entries, whether from the same or a different number. Participants may be permitted to participate using the same mobile number, however, they will be required to use an unused Unique Code.

  • 8

Prizes and Winners

  1. For Promotion Level 1, each winner shall receive Rs. 15/- (Rupees Fifteen) PayTM Casback (“Promotion Level 1 Prize”).
  2. For Promotion Level 2, there shall be 10(Ten) winners in total to be selected in accordance with these Terms. Each winner shall receive Rs. 1,00,000/- (Rupees One Lakh) Promotion Level 2 Prize. However, the Goods and Services Tax as applicable on the Promotion Level 2 Prize shall be borne by the winner.
  • 9

Selecting and contacting Eligible Winners

  1. The Participants will be eligible to receive the Prize subject to the Terms detailed herein.
  2. The Participants acknowledge not to raise any claim or complaint against CCIPL and/or One97 for the non-receipt of SMS from a Participant due to technical failure or any other causes beyond the control of CCIPL or One97.
  3. An SMS confirming Participant as winner will be sent post sending of the Promotion Level 1 Valid Entry. In case of permanent failure of entry, an SMS informing the same will be sent to him/her. Once a winner has been sent an SMS confirming cancellation of entry, no request for reconsideration shall be entertained.
  4. For determining the winner of Promotion Level 2, One97 will conduct the lucky draw through computerized random selection which shall be done at the end of week of the Promotion Period i.e. total 10 lucky draws.
  5. An SMS confirming Participant as winner of the Promotion Level 2 will be sent post the lucky draw which shall be conducted in accordance with the Terms. In case of permanent failure of entry an SMS informing the same will be sent to him/her. Once a Winner has been sent an SMS confirming cancellation of entry, no request for reconsideration shall be entertained.

 

  • 10

Conditions relating to the Prize

CCIPL shall not be held responsible for any deficiency, defect, inadequacy or irregularity in the Prize(s). The winner(s) may not exchange or assign the Prizes, and shall not be entitled to any compensation whether in cash or kind from CCIPL or One97.

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

  • 11

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. Further, the Participants also understand and agree that their responses may be publicised as part of this Promotion.
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.

  • 12

Intellectual Property

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, or other materials created during or for the Promotion, or during the trip as a part of the Promotion or otherwise, 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.

  • 16

General Conditions

  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 regarding his/her name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
  2. 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.
  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).
  4. The decision of One97 as regards the selection of valid entries, denominations of Prizes, and 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.
  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 One97and 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, One97 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.
  6. CCIPL further reserves the right to modify or cancel the Prizes 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 or any of their affiliates, representatives, associates etc. in this respect.
  7. Participants shall follow all directions/rules and regulations (whether communicated in written form or verbally) framed by CCIPL or One97 at all times in connection with the Promotion. Any deviation or objection by any Participant(s) may result in their disqualification from the Promotion.
  8. 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.
  9. Nothing contained herein amounts to a commitment or representation by CCIPL to conduct further promotions.
  10. 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. CCIPL, One97 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.
  12. 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 orOne97.
  13. 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.
  14. 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.
  15. 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.
  16. The general terms and conditions and privacy policy on the Promotion Website shall be applicable in addition to these Terms.
  17. Neither CCIPL or One97 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.
  18. Please note that neither CCIPL, One97or 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.
  19. These Terms may be altered by CCIPL at its sole and absolute discretion and without any notice to the Winners and/or Participants.
  • 17.

Release and Limitations of Liability

  1. By entering the Promotion, the Participants hereby release from and agree to indemnify CCIPL, One97 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.
  2. CCIPL and One97 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, One97and 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.
  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 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 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 from time to time, during the Promotion.
  4. To the fullest extent permitted by law, in no event will CCIPL or One97 or any of their officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that CCIPL or One97 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 or One97 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 and One97 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 and One97 be liable to any Participant for acts or omissions arising out of or related to the Promotion or his/her participation in the Promotion.
  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.
  • 18.

Dispute

  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.
  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.
  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.