Promotion Details, Concept and Participation
Coca- Cola Sone Da Tashan Offer, 2014 (“Promotion”) is a consumer promotion launched by Coca-Cola India Private Limited (“CCIPL”) in the states of Punjab, Himachal Pradesh and Haryana (except Faridabad and Gurgaon), where individuals residing in the states will have the opportunity to win a 2 gm gold coin (“Prize”).
Interested individuals can participate in the Promotion by buying any of 1.25 ltrs and 2 ltrs PET packs of Coca-Cola (“Coca-Cola Products”) and submitting the nine (9) digit unique code printed behind the labels of Coca-Cola Products (“Unique Code”) through SMS route to the designated numbers prescribed herein.
Each day of the Promotion Period, Ten (10) winners will be chosen (“Daily Winners”), who shall each be eligible to win a 2 gm gold coin.
The Participant (as defined herein below) 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 below, the Participant shall become eligible to be chosen as a Daily Winner.
Individuals interested in participating in the Promotion are invited to SMS the 9 (nine) digit unique code (“Unique Code”) printed behind labels of Coca-Cola Products for the opportunity to win the Prize.
Stock without the Promotion offer will also be available in the states of Punjab, Himachal Pradesh and Haryana (except Faridabad and Gurgaon). 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 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 “1800-123-0197” 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-cola.in/punjabtncs (“Promotion Website”).
CCIPL and Partners
This Promotion is sponsored by CCIPL, having its corporate office at Enkay Towers, Udyog Vihar – V, Gurgaon 122016, Haryana, India.
This Promotion is administered by One97 Communications Limited (“ONE97”), which shall manage the logistics related to the Promotion, commencing with the IVRS-based application process leading up to the handing over of final list of winners along with relevant documents to CCIPL/Travel Agency.
The computerized selection of winners for this Promotion will be conducted by an accredited firm of Chartered Accountants appointed by CCIPL (“CA”).
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.
This Promotion will commence at 00:00:01 am Indian Standard Time (“IST”) on March 05, 2014 (“Start Date”) and will continue until April 18, 2014 11:59:59 pm IST (“End Date”). (The Period between the Start Date and End Date shall be called the “Promotion Period”).
The valid timings for receiving entries (SMSs and call-ins) for the Promotion are between 12:00:00 am and 11:59:59 pm each day of the Promotion Period (“Promotion Timings”).
Entry and participation in this Promotion is open to Indian citizens currently residing in the states of Punjab, Himachal Pradesh and Haryana (except Faridabad and Gurgaon), who satisfy each of the following criteria (“Eligible Persons”):
- are of the age of 18 (eighteen) years or above, own a valid cellular GSM or CDMA phone connection that is accessible at all times.
- have a valid PAN Card.
- have not been arrested for 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, ONE97 or the Travel Agency, their related entities or other agencies, firms or companies associated with or related to the Promotion (including suppliers of Prizes).
Please note that this Promotion is valid only in the states of Punjab, Himachal Pradesh and Haryana (except Faridabad and Gurgaon) and no other state or territory of the country, and any application received from residents of any such other state or territory 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.
How to enter the Promotion
Participants wishing to enter the Promotion may submit the Unique Code found behind the label of any of the Coca-Cola Products through the SMS Route in a manner described more fully below :
The SMS route
- Participants are required to SMS “<9 Digit Unique Code>” to 9880398803 or any other number designated by CCIPL during the Promotion Period from any GSM or CDMA mobile phone connection during Promotion Timings.
- If an SMS is received from any other state than Himachal Pradesh, Punjab and Haryana (excluding the district of Gurgaon and Faridabad), 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 and Promotion Timings, 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.
Please note that premium SMS charges will apply. (Up to a maximum of Rs.3/- per SMS). 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 through this route.
Entry by proxy is not permitted. Eligible Persons can only enter the Promotion 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.
In addition the Participants are eligible to win multiple prizes being offered under the Promotion.
Please note that all Participants are required to preserve all the labels containing the Unique Code(s) they have used to participate in the Promotion. Participants will not be eligible to receive any Prize unless the corresponding labels are preserved and delivered to CCIPL and/or ONE97 in the manner outlined below. In the event that the Participant has previously submitted any of the labels containing the Unique Code(s) to ONE97 or CCIPL for the purpose of validation in order to claim one of the prizes that the Participant is eligible to win under the Promotion, such Participant shall submit the remaining labels containing the additional Unique Code(s) to be eligible to claim the other prize(s). Please note that the Participant will be ineligible to claim the prize(s) if the Participant fails to submit the winning label used for participation in the Promotion or submits any illegible, defaced, tainted or damaged labels and the Participant shall not raise any claims or complaints whatsoever against CCIPL or ONE97 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 Coca-Cola Products containing Unique Codes on the label available for sale even after the end of the Promotion Period; however, consumers will not be entitled to participation in the Promotion at that time. Consumers agree not to make any claim or raise any complaint against CCIPL or ONE97 in this respect.
Prizes and Winners
The CA shall generate 10 (Ten) Daily Winners through computerized lucky draw each day of the Promotion Period, who shall be eligible to win the Prize as provided herein.
Selecting and Contacting Winners
ONE97 will transmit all the Valid Entries daily to the appointed CA, who shall ascertain 10 (Ten) Daily Winners eligible to receive 2gm Gold Coin every day during the Promotion Period. The winners will be determined on the basis of a computerized lucky draw.
In addition to the Eligible Winners mentioned above, 20 backup winners shall be selected along with the 10 primary winners each day in the Daily Winner category.
ONE97 shall contact the Eligible Winners a maximum of three (3) times.
If shortlisted Daily Winner is not reachable, busy, unavailable or not interested, a new winner will be shortlisted from the backup winners from the same day. In case the second (2nd) and third (3rd) shortlisted persons are also not reachable, busy, unavailable or not interested, the slot for that day shall remain vacant and a forfeiture SMS shall be sent on all the registered mobile numbers.
The Eligible Winners may receive the prize subject to the Terms and Conditions detailed below.
Contacting Eligible Winners
- Each Eligible Winner will be called on the mobile number through which he/she participated or provided at the time of submitting the Unique Code for the purpose of entering the Promotion.
- In the event the Eligible Winner’s number is busy, unreachable, or he/she does not attend the call, three (3) more attempts will be made to reach the Eligible Winner on the same day. 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 ONE97 to call back at a particular time within the next 24 hours ONE97 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 within 24 hours. 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, ONE97 shall inform him/her that his/her entry in the Promotion stands cancelled and that 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 labels 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 Codes used to enter the Promotion and shall also ask the Eligible Winner to provide details such as first name, surname, unique code, address, phone number, mobile number, email address and other details as may be considered necessary by CCIPL or ONE97. Accordingly, ONE97 shall e-mail/courier the format of the Consent to the Terms and Conditions (Annexure 2) and an Information Letter (Annexure 1) to the Eligible Winner.
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 fifteen (15) working days of the receipt of format of the Consent to Terms and Conditions:
- All the winning labels used to participate in the promotion containing the 9 digit Unique Code for the purpose of physical authentication.
- Consent Letter to the Terms & Conditions of the Promotion duly signed by the Eligible Daily Winner (as per Annexure 2)
- 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.)
- Copy of PAN CARD.
(collectively, the “Verification/Required Documents”)
“Coca-Cola Sone Da Tashan Offer”
One97 Communications Ltd. (ONE97)
B121, Sector 5,
On receipt of the bottle labels containing the Unique Code and the relevant documents from the Eligible Winners, ONE97 shall forward the same to CCIPL or the CCIPL appointed CA firm for the purpose of physical authentication, verification and validation. Once all the bottle labels and documents submitted are validated, ONE97 shall issue a Congratulatory Letter (Annexure 3) and a No-Claims Letter (Annexure 4) along with the Prize 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 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 ONE97 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 Eligible Winner alone. In addition, the Verification Documents shall be sent by the Eligible Winner in the manner prescribed herein above, i.e., by Registered Post with Acknowledgement Due or courier. The 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 Eligible Winners shall be awarded subject to production/signing of all such documents/papers (such as identity proof etc.) as required by CCIPL or ONE97. Apart from the prize, the Eligible Winner(s)/Verified Winner(s) or their legal heirs will have no other rights or claims against CCIPL.
If the Eligible Winner fails to submit the Verification/Required Documents and the bottle labels within the fifteen (15) day period, commencing from the date on which the Eligible Winner receives a call from ONE97, or submits incomplete or illegible documentation or fails to submit any required document, ONE97 shall send an SMS to the Eligible Winner in seven (7) days, reminding him/her to submit the same (“Reminder SMS”).
If the Required Documents and or labels, in complete and legible form, are not received within eight (8) days of receipt of the Reminder SMS, the Eligible Winner will be sent an SMS confirming that his/her prize stands forfeited and his/her entry in the Promotion stands cancelled.
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
2gm Gold Coin:
CCIPL shall not be held responsible for any deficiency, defect, inadequacy or impurity in the 2gm Gold Coin. CCIPL shall not entertain any request for a specific shape or size with regard to the 2gm Gold Coin. 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.
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 rights, titles and interests, 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.
- (i)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.
- (ii)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 ONE97 as applicable.
- (iii)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 and Conditions.
- (iv)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).
- (v)The decision of ONE97 as regards the selection of Valid Entries, Eligible 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.
- (vi)CCIPL reserves the right at its sole discretion to cancel, terminate, postpone, modify or suspend the Promotion in whole or in part at any time including if, for any reason, the Promotion is not capable of running as planned, including due to any technical failure or any other causes beyond the control of CCIPL or ONE97 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, 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 and Conditions thereto shall be final, binding and non-contestable.
- (vii)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, ONE97 or any of their affiliates, representatives, associates etc. in this respect.
- (viii)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.
- (ix)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 Competition and/or its Terms & Conditions.
- (x)Employees and family members of CCIPL, ONE97 their associates and affiliates are not eligible to participate in the Competition.
- (xi)Nothing contained herein amounts to a commitment or representation by CCIPL to conduct further promotions.
- (xii)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.
- (xiii)CCIPL and ONE97 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.
- (xiv)Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of CCIPL or ONE97.
- (xv)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.
- (xvi)CCIPL accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, communication, Unique Codes, bottle labels, 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 labels 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.
- (xvii)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.
- (xix)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 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.
- (xx)Please note that neither CCIPL, ONE97 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.
- (xxi)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.
Release and Limitations of Liability
- (i)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 Competition 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.
- (ii)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.
- (iii)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 and Conditions, any other rules, regulations, directives (whether written or verbal) issued by CCIPL or ONE97 from time to time, during the Promotion.
- (iv)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.
- (v)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 Competition or related to the Competition or the prizes of the Competition.
- (i)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 Competition.
- (ii)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.
- (iii)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 Competition, shall be governed and construed in accordance with the laws of the Republic of India.