TERMS AND CONDITIONS

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Title

Terms and Conditions

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Promotion

Details and Concept

The Sprite Vs Summer Promotion (“Promotion”) is a promotion sponsored by Coca-Cola India Private Limited (“CCIPL”), being held between April 15, 2018 (“Start Date”) and 30th June, 2018 (“End Date”), both days inclusive, which period will be known as the “Promotion Period” across India, wherein individuals will have the opportunity to win (as defined herein). Interested individuals can participate in the by scanning the 30 different/unique icons on the Sprite bottle post which, a trivia question will be sent to the participants on the 1stJuly through SMS.

Participants need to log on to sprite.in and scan the unique icons on the bottles. Users that scan all 30 will then be sent a trivia question via SMS. The 10 fastest correct responses (time calculated from the time the question was sent to the receipt of response) of these trivia questions will be the winners of the contest.

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.          

The Promotion is advertised and promoted, inter alia, through media including 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.

The Promotion website is available at: www.sprite.in (“Promotion Website”).

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CCIPL and its Partners

This Promotion is sponsored by CCIPL, 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 Interactive Avenues Private Limited (IA), which shall manage the logistics related to the Promotion, commencing with the development of the Sprite.in platform 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 Winners of the Promotion in accordance with the procedure prescribed herein.

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Agreement to Terms and Conditions

Entry and participation in this Promotion will be deemed as an unconditional and an unequivocal acceptance of these Terms and Conditions, including any modifications, revisions and amendments thereto. The decisions of CCIPL, IA 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 and Conditions 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.
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Promotion Period

This Promotion will commence on April 15th 2018 and will continue until 30th June , 2018, which period will be known as the (“Promotion Period”).

 

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Eligibility Criteria

Entry and participation in this Promotion is open to all persons currently residing in any Indian state/union territory/region, who satisfy each 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);
  • are not management, employees, directors or contractors, or the family of the management, employees, directors or contractors of CCIPL, IA, CA their related entities or other agencies, firms or companies associated with the Promotion (including suppliers of 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, IA or CA 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.

 

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How to enter the Promotion

Participants need to buy a Sprite bottle (purchase is not mandatory), log on to sprite.in and scan the unique icons on the bottles.

User Journey is as follows:

  1. Participant logs on to sprite.in
  2. Clicks on ‘Tap to scan’
  3. Scans the icon on the Sprite bottle.
  4. Enters his/her number and checks the box which says ‘I’m older than 18 and accept all terms and conditions’
  5. He/she is served a message that 1 icon is unlocked.
  6. Scans remaining 29 icons to unlock these for a chance to win the grand prize.

All participants that have scanned all 30 icons will then be sent a trivia question on July 1st via sms and the 10 fastest correct responses (time calculated from the time the question was sent to the receipt of response) of these trivia questions will be the winners of the contest.

 

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Prizes and Winners

IA will reach out to all the participants who have successfully scanned all 30 unique labels with a trivia question. The fastest 10 participants that respond correctly to the trivia question on the 1st of July 2018 will be the winners for the trip to Mauritius.

 

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Selecting and Contacting Winners

IA shall contact each Winner a maximum of 3 (Three) times within 24 (Twenty-Four) hours.

The Winners may receive the prize subject to the Terms and Conditions detailed below.

Contacting  the Winners

  (a)             Each eligible participant will be called/texted on the mobile number through which he/she participated or provided at the time of entering the Promotion.

  (b)             In the event the Winner’s number is busy, unreachable, or he/she does not attend the call, 3 (Three) more attempts will be made to reach the Winner within the same day. If even on the last attempt, the Winner does not attend the call, or is unreachable, or confirms that he/she is not interested in continuing in the Promotion, the 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 a Winner has been sent an SMS confirming cancellation of entry, no request for reconsideration shall be entertained.

   (c)             In the event the 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 (f) shall apply.

  (d)             In the event the Winner requests IA to call back at a particular time within the next 24 (Twenty-Four) hours IA shall call the Winner at the designated time. If the Winner is unreachable or does not respond to the call, 2 (Two) more attempts will be made to call the Winner within 48 (Forty-Eight) hours. If the Winner responds and confirms that he/she is interested in participating in the Promotion, the procedure outlined in step (f) shall apply.

  (e)             In the event the Winner indicates that he/she is not interested in continuing in the Promotion and claiming his/her prize, or the Winner does not attend the call, or is unreachable, IA 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.

    (f)             If the Winner is contacted and interested in continuing in the Promotion, the caller shall verify the details of the Winner such as first name, surname, address, phone number, mobile number, email address and other details as may be considered necessary by CCIPL or IA. Accordingly, IA shall e-mail/courier the format of the Consent to the Terms and Conditions (Annexure 2) and an Information Letter (Annexure 1) to the Winner.

Winners will be then required to send the following either by Registered Post Acknowledgement Due or via Courier or by email to the address provided below within 15 (Fifteen) working days of the receipt of format of the Consent to Terms and Conditions:

  • Consent Letter to the Terms & Conditions of the Promotion duly signed by the Winner (as per Annexure 2)
  • Passport size photograph of the Winner
  • A self-attested photocopy of address proof for the purposes of taxation and legal validation (college ID, voter’s ID, driving license etc.)
  • Photocopy of PAN Card
  • Photocopy of the passport of the Winner and the

(collectively, the “Verification/Required Documents”)

Postal Address:

SPRITE REFRESHES SUMMER CAMPAIGN - 2018

Interactive Avenues

4th Floor, Plot Number-15,

Sector-44, Gurgaon - 122002

Email: spritecampaignindia@gmail.com

In the case of Winners, if the Winner does not have a passport the Winner will be required to apply for a passport without which he/she would be ineligible to participate in the grand prize. If the Participant is unable to procure a passport within 90 (Ninety) days of the call his/her prize shall stand forfeited and he/she shall not raise any claim or complaint whatsoever against CCIPL or IA in this respect.

On receipt of the relevant documents from the Winners, IA shall forward the same to CCIPL for the purpose of physical authentication, verification and validation. Once all the documents submitted are validated, IA shall issue a Congratulatory Letter (Annexure 3) and a No-Claims Letter (Annexure 4) within a reasonable time of the receipt of the required documents. The No-Claims letter will have to be signed and returned by the Winners to the courier without which he/she 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 winner will be declared a “Confirmed Winner”.

Please note that CCIPL or IA shall not be liable for any failure in the delivery of the prize on account of an incorrect, inaccurate, erroneous etc. address provided by the Participant.

Please note that the costs of sending the Verification/Required Documents shall be borne by the Winners alone. In addition, the Verification Documents shall be sent by the Winners in the manner prescribed herein above. The Required Documents received or delivered through any other mode shall not be accepted and the prize of the Winners 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 Winners or any person claiming through them 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 prizes to the Winners shall be awarded subject to production/signing of all such documents/papers (such as identity proof etc.) as required by CCIPL or IA. Apart from the prize, the Winners or their legal heirs will have no other rights or claims against CCIPL.

If a shortlisted Winner is not reachable, busy, unavailable, not interested or declines to participate further in the Promotion (“Cancellation Event”), such Winner shall be considered to have declined the prize and a new Winner will be shortlisted from amongst the backup Winners of the relevant prize in descending order of the fastest response to the trivia question, and the contacting and verification process commenced in respect of such new Winner. This process shall be continued for Winner slots subject to a Cancellation Event until exhaustion of the back-up Winners for such prize. In case the any Winner slots remain vacant after exhaustion of back-up Winners as aforesaid, the prize due for such vacant slots shall be considered forfeited.

 

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Reminder

If the Winners fail to submit the Verification/Required Documents within the 30 (Thirty) day period, commencing from the date on which the winner receives a call from IA, or submits incomplete or illegible documentation or fails to submit any required document, IA shall send an SMS to the Eligible Winner in 7 (Seven) days, reminding him/her to submit the same (“Reminder SMS”).

If the Required Documents, in complete and legible form, are not received within 30 (Thirty) days of receipt of the Reminder SMS, the Winner will be sent an SMS confirming that his/her prize stands forfeited and his/her entry in the Promotion stands cancelled.

It is clarified that in case of cancellation of an entry due to non-provision of Verification/Required Documents or disqualification due to non-adherence to the Promotion terms by a shortlisted Winner, such Winner slot shall not pass-on to a back-up Winner and the prize for such Winner slot shall stand automatically forfeited.

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.

 

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Conditions specific to Winners

Once IA collects and compiles all the verification documents, the documents will be handed over to the travel agency which will assist the Winners in the travel to Mauritus.

The Winners will be intimated of the date, port of departure and other requisite details of the travel sufficiently in advance in order to enable them to make all arrangements for the travel. If for any reason whatsoever, the travel agency or CCIPL selects another city as the port of departure or arrival, CCIPL shall reimburse or bear the cost of travelling to the port of departure from the city in which he/she resides or to the city in which he/she decides from the port of arrival.

The Winners will be required to adhere to the instructions of the travel agency at all times. Visa fees (if any), will be borne by the travel agency on behalf of CCIPL

The expenses included and excluded for the Mauritius trip are as follows:

Inclusions

  • Visa application fee
  • Round trip air fare on an airline selected by the travel agency
  • Commute from and to the airport in Mauritus
  • Hotel accommodation at a hotel selected by the travel agency

Exclusions

  • Travel for the purpose of meeting the travel agency
  • Travel for the purpose of the visa interview (if required or applicable)
  • Travel for the purpose of collecting visa or submitting documents
  • Costs incurred in travelling from the Winner’s home to the airport
  • Travel insurance other taxes, extra meals, transfers, gratuities, souvenirs, fuel surcharges, port charges, and any other incidentals
  • Travel, accommodation or activities that you seek to undertake and which are not a part of the itinerary prepared by the travel agency
  • Any other incidental cost not expressly included above

The Winner understands and acknowledges that neither the travel agency nor IA or CCIPL are responsible for:

  • any delay in procurement of the visa;
  • inability to procure visa; or
  • rejection of a visa application by concerned authorities.

 

The Winner understands and acknowledges that his/her prize will stand forfeited and his/her participation in the Promotion will stand cancelled if his/her visa is rejected by the concerned authorities or he/she fails to submit the visa application in the manner and within the timelines as communicated to him/her by the travel agency.

Travel and hotel accommodation arrangements will be made by the travel agency, on a carrier of travel agency’s, IA’s or CCIPL’s choice. Flight schedules are subject to change without notice. All travel is subject to availability of tickets.

All Winners must travel on the itinerary and dates chosen and declared by IA or CCIPL at their sole and absolute discretion. IA or CCIPL reserve the right to alter the chosen dates of travel or the itinerary of travel, at their sole and absolute discretion. In the event any Winner is unable to travel on the designated dates, his/her prize shall be forfeited.

Winners are responsible for any additional spending on meals and any other ancillary costs, including excess travel luggage and payment in respect of any damage to property or person caused by the Winners. It is the Winner’s responsibility to organise transport to/from the airport departure/return point.

All Winners are responsible for obtaining all required travel documents prior to the travel. All Winners will be required to sign a Declaration, Waiver of Claims and Indemnity Letter, the format of which is detailed in Annexure 5, and an Assignment and Release, the format of which is detailed in Annexure 6, at the time designated by IA or CCIPL. No Winner will be permitted to travel unless he/she has signed such Declaration, Waiver of Claims and Indemnity and Assignment and Release.

If the winner, for any reason whatsoever, is unable to board the designated flight to Mauritius, such Winner’s prize shall stand forfeited. If the Winner fails to board the return flight from Mauritius to India, the Winner will be required to return at his/her cost and neither CCIPL nor the travel agency shall be liable for any claims, damages or liabilities arising therefrom.

 

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Conditions relating to the prizes

The Winners may not assign or transfer the prizes, and shall not be entitled to any compensation whether in cash or kind from CCIPL or IA.

The names of the Winners shall be announced on the Promotion Website or in any manner deemed appropriate by CCIPL, on or after 15th August, once the Winners have been confirmed and verified.

The date, time and other details of the trip to Mauritius will be determined by CCIPL at its sole and absolute discretion and shall be intimated to the Winners sufficiently in advance. CCIPL also reserves the right to change or replace the destination of the prize trip any time or cancel, postpone, the trip as the same is subject to his availability. The Winners and/or Participants acknowledge this and shall raise no claims or complaints against CCIPL, IA, CA or any of their affiliates for any change, replacement or alteration as contemplated hereinabove. CCIPL also reserves the right to dismiss, remove, expel, evict, disqualify any Winner during the Mauritus trip if he/she indulges in any activity, conduct or behaviour which brings about/or would bring about disrepute, disgrace, dishonor, embarrassment to CCIPL, IA, their affiliates, representatives, associates or agents and/or for such other reason at the sole and absolute discretion of CCIPL. The Winners acknowledge that the pictures of the trip to Mauritus may be published on a variety of media platforms including the internet, television, etc., and shall therefore raise no objection, claim or complaint whatsoever with respect to the use of images, comments, opinions, etc., expressed by them during the trip to Mauritus.

Please note that if the Winner is unable to travel to Mauritus, he/she shall not be entitled to any compensation whether in cash or kind from CCIPL, IA or any of their affiliates, representatives, associates, agents, etc.

 

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Publicity

The Participants undertake and irrevocably and unconditionally permit CCIPL to cover the Promotion through various media including TV, radio, internet, newspapers, radio, television including news and other channels, 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 prizes, free of charge, and they consent to CCIPL using their name and image in all promotional materials.

 

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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.

 

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General Conditions

  (a) 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.

  (b) 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 prizes will be given to the Winner only upon furnishing of the prescribed details and documents to CCIPL or IA as applicable.

   (c) CCIPL may, at any time, verify or authorise 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 and Conditions.

  (d) 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).

  (e) The decision of IA 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 prize cannot be exchanged and is not transferable or refundable. Also, the prize is not redeemable for cash or any monetary benefits in kind.

    (f) 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 IA 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, IA 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 and Conditions thereto shall be final, binding and non-contestable.

  (g) 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 Participant agree that no claims or complaints whatsoever may be raised against CCIPL, IA or any of their affiliates, representatives, associates etc. in this respect.

  (h) All expenses incurred by the Participants in respect of participation in the trip to Mauritius, other than those specified in these Terms and Conditions shall be borne by the Participants and the same shall not be reimbursed by CCIPL or IA.

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

    (j) 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 & Conditions.

  (k) Employees and family members of CCIPL, IA their associates and affiliates are not eligible to participate in the Promotion.

    (l) The Participant(s) must take all reasonable steps to ensure their general health and safety in relation to travel and other activities during the trip to Mauritius. CCIPL or IA shall not be liable or responsible, whether jointly or severally, in any manner whatsoever in this regard.

    (m) Nothing contained herein amounts to a commitment or representation by CCIPL to conduct further promotions

  (n) 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 and Conditions 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.

  (o) CCIPL and IA shall not be liable to perform any of their respective obligations under the Promotion or in respect of the prize 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.

  (p) 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 IA.

  (q)  The 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.

   (r) CCIPL accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, communication, Unique Codes, scratch cards, 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 scratch cards or 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.

   (s) If a Participant is dissatisfied with the Promotion or the Promotion Terms and Conditions, his/her sole and exclusive remedy is to not participate in the Promotion.

   (t) The general Terms and Conditions and privacy policy on the Promotion Website shall be applicable in addition to these Terms and Conditions.

  (u) Neither CCIPL or IA shall be required to publish or disclose any personal details about the Winners of the Promotion (excluding the names of the Winners which shall 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.

  (v) Please note that neither CCIPL, IA 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.

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

 

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Release and Limitations of Liability

  (a) By entering the Promotion, the Participants hereby release from and agree to indemnify CCIPL, and/ or any of its 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.

  (b) 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 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.

   (c) 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 IA 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 IA 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 and Conditions, any other rules, regulations, directives (whether written or verbal) issued by CCIPL or IA from time to time, during the Promotion.

  (d) 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.

  (e) 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.

 

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Dispute

  (a) The courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Promotion.

  (b) Participation in the Promotion is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation, this clause.

   (c) Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, 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.

ANNEXURE 1-B

INFORMATION LETTER: WINNER

 

Date: ______________

To,

_______________________________

_______________________________

_______________________________

Dear Sir / Madam,

Congratulations!! We, at IA, are pleased to inform you that you have been short listed as a winner for the ‘Sprite Refreshes Summer’, a scheme launched by Coca-Cola India Private Limited.

Please find attached the Terms & Conditions of the Sprite Refreshes Summer. Kindly read and understand the same.

You are required to sign the attached Consent Letter and send it back to us along with the following documents to be considered as a Confirmed Winner under the Promotion.

  • A self-attested photocopy of your address proof (Voter’s ID card, passport, driving license etc.)
  • 2 Passport size photographs
  • A self-attested photocopy of your government approved photo ID proof
  • A self-attested photocopy of your passport
  • A self-attested copy of your PAN Card
  • Indemnity letter signed  by you and your parents

 

Thanking You,

Authorized Signatory, <IA Name>

On Behalf of Coca Cola India Pvt. Ltd.

Enclosed : Terms and Conditions of the contest

 

ANNEXURE 2

CONSENT LETTER TO THE TERMS AND CONDITIONS OF THE “SPRITE REFRESHES SUMMER” PROMOTION

To,

Interactive Avenues and Coca-Cola India Pvt. Ltd.

I have read and understood the Terms & Conditions of the Sprite Refreshes Summer Promotion. I hereby accord my consent to the same. Also find enclosed the following requirements –

Please strike out the option that does not apply

Winner

  • A self-attested copy of the government approved photo identification proof
  • 2 Passport Size Photographs
  • A self-attested copy of the PAN Card
  • A self-attested copy of the passport of the winner
  • Indemnity letter signed by me, my parents

Kindly consider me as a winner under the scheme.

_________________________

___________________________

___________________________

________________________________

 

Date: __________

 

ANNEXURE 3

CONGRATULATORY LETTER

 

Date: ______

_______________________________

_______________________________

_______________________________

 

Dear Sir / Madam,

Congratulations!! We, at Interactive Avenues, are pleased to inform you that you have been finalized as a winner of the “Sprite Refreshes Summer” a scheme launched by Coca-Cola India Pvt. Ltd.

We are in receipt of all the documents required as per the Terms and Conditions of the offer and hereby confirm that you have satisfied all the requirements to be eligible as a winner.

As advised earlier, please sign the enclosed No Claims Letter in order to claim your prize.

 

Thanking you,

Authorized Signatory, IA

On Behalf of Coca Cola India Pvt. Ltd.

 

ANNEXURE 4

NO CLAIMS LETTER

To,

Authorized Signatory, IA

On Behalf of Coca Cola India Pvt. Ltd.

I have read and understood the Terms & Conditions of the “Sprite Refreshes Summer”.

I have also received the Congratulatory Letter and the prize for the “Sprite Refreshes Summer”.

The above prize is in full and final settlement of all claims of whatsoever nature against Coca-Cola India Private Limited, its associates and office bearers.

I give my consent to be considered as a winner under the scheme.

___________________________

(SIGNATURE)

_________________________________

(FULL NAME)

S/o Shri____________________________

R/o______________________________

Mobile/landline number__________________________

Date: __________

ANNEXURE 5

SPRITE REFRESHES SUMMER - DECLARATION, WAIVER OF CLAIMS AND INDEMNITY

 

Name:

 

Address:

 

Contact Number:

 

E-mail:

 

Date:

 

 

1. Medical and Health Declaration

I confirm that I have undergone a complete medical check-up and have been certified as fit for travel and fit to fly in a self-reliant manner by a registered medical practitioner. Proof in the form of a medical certificate issued by the medical practitioner who conducted the medical check-up is attached. I confirm that I have not withheld any material information or suppressed any material fact in relation to my health of ability to undertake the tour. I undertake to notify Coca-Cola India Private Limited (CCIPL) and/or it’s appointed representatives in a timely manner of any change in the state of my health subsequent to the signing of this form, prior to my departure or at any time during the tour.

By accepting the grand prize I represent that I understand and acknowledge that travel contains some inherent risks such as the risk of accident, illness, injury, loss, or death which may be caused by negligence, forces of nature, or other agencies, known and unknown.

2. Age Declaration

I hereby confirm that I am above the age of 18 (Eighteen) years of age and am aware of the risk and hazards of travel abroad/overseas.

3. Agreement to abide by all laws, etc.

I agree to abide by all local, state and federal laws, rules, regulations applicable to any travel, including in Mauritius while undertaking the trip.

4. No restrictions on travel

I further confirm that I am not restricted (legally, contractually or in any other manner) from leaving India and travelling for the relevant period to Mauritius.

5. Travel Insurance

I understand that I am solely responsible for purchasing travel insurance with respect to my travel to Mauritius as part of the prize and I hereby certify that I have purchased sufficient insurance therefore, and other than as provided herein, I am undertaking travel at my own risk.

6. Assumption of risk, waiver of claims and indemnity

I agree to release, discharge and hold harmless CCIPL and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, and damages arising out of my participation in the Promotion and travel except where such loss or damage is caused exclusively by the willful misconduct or negligence of CCIPL or its employees, officers or directors.

I also agree to release, discharge and hold harmless CCIPL and its partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives on account of any claims, losses and damages arising out of any incorrect information provided by me or any material information concealed by me (including information with regard to my health and fitness to travel).

I confirm that I have read, fully understand and agree to all the terms contained in this document.

Name                                                                                            Place                             

Signature                                                                                      Date

 

ANNEXURE 6

SPRITE REFRESHES SUMMER PROMOTION - ASSIGNMENT AND RELEASE

 

To,

Coca-Cola India Private Limited

16th Floor, One Horizon Centre,

Golf Course Road,

Sector 43,

Gurgaon-122002

Date:____________

 

From,

_______________________________

_______________________________

_______________________________

 

Sub: Assignment of right in Material

 

I, Mr./Ms./Mrs. ____________________ aged about ______ years, son/daughter/wife of ________________________, grant Coca-Cola India Private Limited (“CCIPL”), their subsidiaries and affiliate companies, an irrevocable assignment of all rights, free of any claims, including without limitation all intellectual property rights, in the Material (as defined below), in perpetuity:

The “Material” shall be all images, photographs, video footage, audio footage, portraits, caricatures, silhouettes, voice, video and/or audio recordings and other visual representation and write-ups, starring me, alone or with other participants or individuals, taken, shot or created at any-time during the Mauritius Sprite Promotion and during the trip to and at Mauritius.

By virtue of this assignment, I acknowledge that CCIPL, IA their subsidiaries and affiliate companies have the exclusive right and license to use the Material, without limitation, in print, digital and/or electronic format, in outdoor or indoor promotional, advertising and marketing activities, packaging, direct mailers, official marketing communication collaterals, materials and for internal and external exhibitions and display, in-house trainings, illustrations, case studies and other purposes of CCIPL, IA, their subsidiaries, affiliate companies and/or their franchisee bottlers. CCIPL, IA, its subsidiaries, associate or related companies, firms or entities and any other third party individuals or entities to the extent authorized by CCIPL or IA, may at any-time use the Material for any commercial, non-commercial, internal or external purposes without the requirement of providing me with any consideration, notice or intimation or requiring my approval.

As used herein, the term “electronic format” shall mean any method of copying, recording, storage, retrieval, or delivery of the Work, by any means now known or hereafter devised, including by electronic or electromagnetic means, or by analog or digital signal, on any physical media, now known or hereafter devised, including, for example, magnetic tape, floppy disks, CD-I, CD-ROM, laser disk, optical disk, IC card or chip, and any other human or machine readable medium, and the broadcast and or transmission thereof by any and all means now known or otherwise devised, including without limitation or proprietary web sites.

I hereby confirm that I will not grant the rights to use or publish the Material to any third party for any commercial or non-commercial purposes.

I hereby release in favour of CCIPL and IA, all my rights, title and interest in the Material. I further waive any “moral rights” which may now or hereafter be recognized, including without limitation any right to (a) approve any revisions, deletions, abridgements or other changes in the Material, or (b) withdraw the Material from distribution.

 

Name

__________________________________________

Address

__________________________________________

Telephone/Mobile

__________________________________________

Email

__________________________________________

Date

__________________________________________