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Contest Details, Concept and Participation This Contest will be conducted in the following languages:
Hindi, Tamil, Telugu, Kannada and Oriya. CCIPL and Partners
This Contest is sponsored by CCIPL, having its corporate office at Enkay Towers, Udyog Vihar – V, Gurgaon 122016, Haryana, India. This Contest shall be administered by One97 Communications Limited, who will serve as CCIPL's IVRS partner ("IVRS Partner"), Vivify Enterprises Private Limited, who will handle the logistics for all operations in connection with the selection of winners and distribution of prizes for the Contest ("On-Ground Activation Partner") and certain radio stations across the country which will be responsible for promoting the contest on-air via radio spots, Radio Jockey talks, etc. ("Radio Partners") . Agreement to Terms and Conditions Persons aged above 17 years are permitted to participate without any express consent from either parent/s or legal guardian. In order to participate, Contestants must have a mobile contact number that is accessible to them at all times. Persons participating or seeking to participate in the Contest shall individually be referred to as "Contestant" and collectively as "Contestants". Timing For the rest of the groups, the Contest begins on February 7 2011 at 00:01 AM Indian Standard Time ("IST") and ends on March 15, 2011 at 11:59 PM IST (the "Contest Period"). During this period, multiple situations may be announced at the sole and absolute discretion of CCIPL. Cities and City-Groupings
CCIPL reserves the right to modify the cities and city groupings in which winners are to be declared, at its sole and absolute discretion. Situation of the Day The relevant 'situation of the day' shall be advertised on radio and other mediums as may be determined by the Company and will also be available on the IVRS. Each situation will be valid for a minimum period of twenty-four (24) hours, and the Contestants must record their response in respect of the situation within such time. It is clarified that the first "situation" advertised in the various mediums shall be valid for limited period only. How to Apply (i) As a first step, Contestants are required to indicate whether they would like to commence participation in the Contest, or whether they would like to learn a little more about the Contest; at this stage they are also requested to indicate their preferred language out of the following languages: Hindi, Tamil, Telugu, Kannada and Oriya. (ii) If they choose to learn a little more about the Contest, they will be directed to a recorded message which will provide a brief description of the Contest. This message will also direct the Contestant to read these Terms and Conditions. After the Contestant listens to the message, he/she may proceed to commence participation in the Contest. (iii) If the Contestant chooses to commence participation, he/ she is first require to enter his/her age. (iv) If the age entered is less than 15 years, the Contestant
is informed that he/she is not eligible to participate
in the Contest due to age-restrictions. At this stage,the Contestant is directed to read these Terms and Conditions available on the Contest Website. (vi) If the Contestant terminates the call, his/her participation in the Contest ceases. (vii)If the Contestant continues with the consent of his/ her parent/s or legal guardian, the Contestant is then requested to record the state from which he/she is calling. The Contestant is then requested to confirm his/ her state. If the Contestant has entered the wrong state, the Contestant has the option of changing his/her entry and recording the correct state. (viii)Next, the Contestant is required to record the city from which he/she is calling. The Contestant is then requested to confirm his/her city. If the Contestant has entered the wrong city, the Contestant has the option of changing his/her entry and recording the correct city. (ix) Next, the Contestant is required to record his/her name. (x)Once the Contestant records his/her name, the Contestant is required to confirm whether he/she has read these Terms and Conditions. If the Contestant indicates that he/she has not read these Terms and Conditions, then the call is terminated and the Contestant's participation in the Contest ceases. (xi) If the Contestant indicates that he/she has read these Terms and Conditions, he/she is required to confirm that CCIPL has the right to modify these Terms and Conditions at its sole and absolute discretion. If the Contestant fails to confirm the above, the call is terminated and the Contestant's participation in the Contest ceases. (xiii)First-time Contestants will be played the 'situation of the day'. (xiv)Repeat Contestants, who have validly recorded all their personal details on a previous occasion, will directly land at this point. They will be played a jingle at the end of which they will be required to indicate whether they would like to proceed to listen to the 'situation of the day' or would like to learn a little more about the Contest. (xv) If the Contestant chooses to listen to the 'situation of the day', such situation will be played. (xvi) The Contestant will then be requested to record his/ her response. Please note that the Contestant will be provided only twenty-five (25) seconds to record his/ her response. Please also note that the Contestant is required to press [*] after recording their response. (xvii) If the Contestant remains silent for the first ten (10) seconds after commencement of the recording time, the Contestant will be prompted to record a response. (xviii) Once the Contestant records his/her response or once the stipulated period of twenty-five (25) seconds ends, whichever is earlier, the response recorded by the Contestant is re-played. (xix) At this stage, the Contestant may either confirm or change his/her response. If the Contestant confirms his/ her response, such response is considered as final and taken into account for the purposes of the Contest. (xx)If the Contestant chooses to change his/her response, the Contestant is provided a second and final chance to record a response. Even in this instance, the Contestant is provided only twenty-five (25) seconds to record his/ her response and is required to press [*] after recording his/her response. (xxi)Next, if the Contestant is calling from a land-line, he/she
will be required to enter a mobile number on which he/
she can be contacted. If the Contestant is calling from a
mobile number, he/she may provide an alternate mobile
number on which he/she can be contacted. (xxiii) Once all these steps are successfully completed, the response recorded by the Contestant is fed into the IVRS and transmitted to the On-Ground Activation Partner for assessment. Next the responses will be sent for adjudication to judges who have been chosen based on their competence and creative background. The On-Ground Activation Partner shall also ensure that the judge is proficient in the language in which the response he is judging has been recorded. Criteria for judging responses (ii) Whether it depicts ideas which would result in creating playfulness and joy among self and others; (iii) Whether it represents inclusive fun, i.e., it includes the other participants of the situation in the fun or playfulness created, and is not at their expense; (iv) Whether it shows inspiring way/s to have fun, so that others may wish to emulate the same; (v)Whether it incorporates Fanta in creative and appropriate ways as an enabler to have fun (although this is not essential) Contestants are requested to note that the decision of the judges and the On-Ground Activation Partner as regards the selection of winners is final, subject to CCIPL's approval. No correspondence or any other claims whatsoever, in this From amongst the winners selected daily during the Contest Period, one grand prize winner will be selected at the end of the Contest Period from all the cities and city-groupings, who shall be entitled to a cash prize of Rs. 5,00,000. Contacting Winners (ii) In case of positive response (i.e., where the winner is contactable and agrees to accept the prize), such winner's details including age, type of ID proof and name shall be confirmed. (iii) In the event the Contestant is a minor (i.e., aged between 15 and 17 years as on date of entering the Contest), he/she will be intimated that an approval letter from the parent/s or legal guardian is a mandatory requirement, and further, the name of the parent/s or legal guardian will be verified. In the absence of the said approval letter, the courier representative will not hand over the prize. (iv) Next, the winner will be sent an SMS with his/her name and address given, and will be required to reply by return SMS within 24 hours in case there is any discrepancy, or else prize would be dispatched to the address in the SMS. Such SMS shall serve as evidence of the winner's confirmation of his/her name and address. (v) In case of negative response (i.e., no answer, not connecting, not within reach, "call me later", etc.), a total of 3 attempts will be made (including the first attempt) - 1 time per day for next 2 days. If the winner is reached on the second or third attempt, then the procedure list in points (ii) to (iv) shall be repeated. (vi) If the winner is still not reached after third attempt, then an SMS is sent notifying him/her of our inability to establish contact and asking him/her to revert on the given number within 24 hours. Such SMS shall serve as evidence of our attempts to get in touch with the winner. (vii) If still no response is received from the winner, then
CCIPL and the Partners shall not be liable to give the
prize to the winner and no claims shall be entertained
in this regard. Next, the procedure listed in points (i)
to (vi) above shall be repeated with the second-ranked
response. (ix) If no response is received from the Contestant who entered the third ranked response, then CCIPL shall not declare a prize in respect of that day for that city/city- grouping. (x) Similarly, if a selected winner is not interested in claiming his/her prize or taking the process forward, or is unable to procure the mandatory approval letter from his/her parent/s or legal guardian, then such winner shall be thanked for participating in the Contest and their participation shall come to an end. CCIPL and the Partners shall not be liable to give the prize to such winner and no claims shall be entertained in this regard. The procedure listed in points (i) to (vi) above shall be repeated with the second-ranked response. (xi) And if no response is received from the Contestant who entered the second ranked response, then CCIPL and the Partners shall not be liable to give the prize to the second-ranked winner and no claims shall be entertained in this regard. Next, the procedure listed in points (i) to (vi) above shall be repeated with the third- ranked response. (xii) If no response is received from the Contestant who entered the third-ranked response, then CCIPL shall not declare a prize in respect of that day for that city/city- grouping. (xiii) In case of the Grand Prize, the best response will be selected from among the daily winners, and if the winner is not reachable even after the third attempt, then no prize shall be declared. (xiv)Please note that all prizes will be subject to tax
deduction at source ("TDS") under the Income Tax Act
1961, as may be applicable. TDS shall be deducted
upfront from the prize money and the winners will
be provided TDS certificates in respect of such tax
deductions by the On Ground Activation Partner. Thus,the winners would get their respective prizes post deduction of TDS. The winners shall be responsible for The prizes to winners shall be given subject to production of all such documents/papers (such as identity proof etc.) as required by CCIPL and/or the Partners. Apart from the prize, the winner or his/her legal heirs will have no other rights or claims against CCIPL. The On-Ground Activation Partner will retain all SMS' sent and call-logs as proofs of efforts to reach the said Contestants. This would also include telephone bills showing calling dates and durations. Courier Requirements Stipulations of the courier service – The cheque will be given to the winner or a family member of the winner (in the event the winner is not available at the designated address) on the presentation of the following documentation/information: (i) Proof of identification of the person receiving the cheque; the courier shall note down the person's identification number (for e.g. PAN Card number, Passport number, Voter Identification number, etc.); and (ii) A valid telephone number. The courier will also require the person receiving the cheque to sign an acknowledgment confirming receipt of the prize. Such acknowledgment will serve as evidence of the cheque being delivered to the winner; The On-Ground Activation Partner shall send an SMS to the winners to whom prizes have been delivered containing relevant details of delivery such as the time of deliver, and the name of the person who received the courier.The courier shall hand over the prize only on production of accurate identification, and an approval letter in case of Contestant's aged between 15 and 17 years. If the winner is not available at the given address, the courier will make 2 more attempts to deliver the prize. If still unsuccessful, the courier shall leave contact information to facilitate pick-up of prize by the winner from the courier offices. In the any of the required documents/information is not provided by the winner/a family member of the winner to the Publicity (ii) Whilst CCIPL shall make all reasonable efforts, there is no obligation on the part of CCIPL to air any entry. (iii) 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 promotional material. Intellectual Property (ii) All Contest responses and material submitted in connection with the Contest (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 competitors are assigned to CCIPL upon submission and become the property of CCIPL exclusively, which may use the material in any mediumin any reasonable manner it sees fit. Copyright in any such material remains the sole property of CCIPL. General Conditions (ii) Each Contestant will be permitted to enter the Contest only once in respect of a given situation. Multiple entries will result in the Contestant's disqualification for the rest of the Contest Period. (iii) Each Contestant is required to provide full and accurate details of his/her name, permanent address, Income Tax PAN, 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 the On-Ground Activation Partner or the courier (as applicable). (iv) Each winner shall be intimated at his/her permanent address, as provided to and as available with the the On-Ground Activation Partner. The decision of the management of the On-Ground Activation Partner, as regards the selection of winners and distribution of the prizes is final, 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. (v) The On-Ground Activation Partner shall provide the prize on an "as is basis" and without any warranty or guarantee concerning the quality, suitability or comfort and CCIPL and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any product/ service and/or the prize or for any kind of consequential damages/ loss, in any manner whatsoever. (vi) If the winners do not provide the On-Ground Activation
Partner and/or the courier (as required) with valid
documentary proof in relation to their age andparents/guardians consent, their participation shall
unconditionally and irrevocably lapse without further
notice in this regard. (viii) CCIPL reserves the right to change, defer, alter or cancel this Contest in part or full, or change any or all of the terms and conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Any decision of CCIPL in this regard and in general with respect to this Contest and the terms & conditions thereto shall be final, binding and non-contestable. Nothing contained herein amounts to a commitment or representation by CCIPL to conduct further Contests. (x) 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 Contestant and CCIPL and the Contestant shall not have the authority to bind CCIPL in any manner whatsoever. (xi) CCIPL or any of its respective officers/employees/ directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible entries. (xii) The response must not, in the sole and absolute
judgment of On-Ground Activation Partner, contain:
(1) words, images or statements considered offensive
to individuals of any age, race, ethnicity, national
origin, religion, sexual orientation or other protected
class, or who are disabled, (2) any threat to any
person, place, business, group or entity, or contain
material that is unlawful, (3) materials that promote
bigotry, racism, hatred or harm against any group
or individual or promotes discrimination based on
age, race, ethnicity, national origin, religion, sexual
orientation or other protected class, or disability; (4)
any materials that depict illegal acts, are sexuall
explicit, libellous, obscene, violent, hateful, slanderous;
(5) other inappropriate content which includes, but is
not limited to, any display of smoking, alcohol, illegaldrugs, firearms, harming of animals, nudity, provocative/
suggestive outfits or poses, or (6) content not in keeping
with CCIPL's reputation and image. (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 the On- Ground Activation Partner. (xv) The Contestant/s will be solely responsible for all expenses, costs and taxes relating to and arising out of their travel to for the purpose of collection of prize. (xvi) The Contestant/s must take all reasonable steps to ensure their general health and safety and their health and safety in relation to travel and other activities towards the collection of their prize. CCIPL or the On- Ground Activation Partner shall not be, whether jointly or severally, liable of responsible to you in any manner whatsoever in this regard. (xvii) Contestant/s 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. (xviii) Contestant/s must enter the Contest on their own behalf and entry by proxy is not permitted or allowed under any circumstance. CCIPL accepts no responsibility for late, lost,
incomplete,
incorrectly,
submitted,
delayed,
illegible, corrupted or misdirected entries, claims
or correspondence whether due to error, omission,
alteration, tampering, unauthorized data hacking,
deletion, theft, destruction, virus attack, transmission
interruption, communications failure, hardware failureor otherwise. Radio Partners have no control over
communications networks or lines and neither of them
accepts any responsibility for any problems associated
with them, whether due to traffic congestion, technical
malfunction or otherwise. CCIPL shall not liable for any
consequences of user error including (without limitation)
costs incurred. (xxi) The general terms and conditions and privacy policy the Contest Website shall be applicable in addition to these terms and conditions. (xxii) Each Contestant affirms that he/she is not a minor and possesses express consent from parent/s or legal guardian, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions. (xxiii)If a person chooses to access this website from outside India, he/she shall do so on his/her own initiative and shall be responsible for compliance with applicable local laws of the country of use. Release and Limitations of Liability(i) CCIPL shall under no circumstances be liable, whether jointly or severally, for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of accepting any prize. (ii) By entering the Contest the Contestant hereby releases from and agrees 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 Contest including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise. (iii) CCIPL accepts no liability, whether jointly or severally,for any errors or omissions, whether on behalf of The Contestant shall be solely responsible for any consequences which may arise due to his/her participation in the Contest by conducting an illegal act. Contestant also undertakes to indemnify CCIPL and/or the On-Ground Activation Partner 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 the On- Ground Activation Partner on account of such act on the part of the Contestant. 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 Contest), 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 Contest and/or the Contest prizes, even if CCIPL has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The Contestant shall indemnify, defend, and hold CCIPL harmless from any third party/ entity/organization claims arising from or related to his/ her participation in the Contest. In no event shall CCIPL be liable to any Contestant for acts or omissions arising out of or related to the Contest or his/her participation in the Contest. In consideration of CCIPL allowing the Contestant/
s to take part in the Contest, to the maximum extent
permitted by law, the Contestant/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 Contest or related to the Contest or
the prize of the Contest. Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Contestants and/or CCIPL and/or Partners of this Contest, shall be governed and construed in accordance with the laws of the Republic of India. © Fanta is a registered trademark of The Coca-Cola Company. Contain no fruit. Contain added flavor.
Terms and Conditions |