TERMS & CONDITIONS
1. "#withPepsi" Contest ('Contest') is brought to you by PepsiCo India Holdings Private Limited ('Organizer').
2. The Contest is open to all Indian citizens residing in India, of 18 years of age or above with a valid Instagram account except the employees of Organizer and their family members, Organizer's associate companies, its bottlers, its JV partners, its co-packers, its distributors, its agents, its advertising and promotional agencies and its auditors and their associate companies ('Participant').
3. Contest is valid from June 1st, 2017 – Dec 31th,2017 ("Contest Period"). The Organizer may in its absolute discretion curtail or extend the Contest Period, as it deems necessary without any liability whatsoever; and no communication in this regard will be entertained.
4. By participating in this Contest, a Participant unconditionally and irrevocably accepts and agrees to be bound by all these terms and conditions as stated herein at all times without any exception whatsoever. Organizer reserves the right to modify these terms and conditions of this Contest, without any prior notice and liability.
5. Participation is optional. No purchase is necessary to participate in the Contest.
6. To participate in the Contest, the Participant has to follow the steps as detailed herein below:
a) Check eligibility as per these terms and conditions, and be a registered Instagram user.
b) Follow @pepsiindia on Instagram (hereafter individually "Pepsi Page") on which the Participant is participating.
c) Users have to share a picture on Instagram and use the relevant hashtag as defined by the organizer (#withPepsi) and/or tag @PepsiIndia or anysuch hashtags that the Organizer defines through their social handle, during the Contest Period. The uploaded picture should capture their moments including not limited to, food, travel, photography, music concerts, music jamming, sports events, hanging out with friends etc. Participants will be featured on the Pepsi Page on the basis of pictures clicked by them.
d) Pictures will be selected on the basis of following criteria:
I. Spontaneity of the moment
II. Use of ##withPepsi and/or @pepsiindia or such hashtag that the Organizer defines through their social handle.
III. Creativity, visual appeal of the photograph as per the discretion of the Organizer
e) Pictures may or may not feature a Pepsi product. Pictures which feature a PepsiCo product will qualify for a higher gratification as detailed herein below
7. Only such submissions of Participants meeting the criteria in Clause 6 above, and are otherwise compliant with these terms and conditions, shall qualify for the Contest and shall hereinafter be referred to as 'Valid Entries' or 'Valid Entry'. The decision of the Organizer with regard to validity of the entries on Pepsi Page shall be final and the Organizer shall entertain no claim or communication with respect to that entry by the Participant.
8. By becoming a follower of the Pepsi Page, the Participant gives his free consent to abide by the rules, regulations, policies and obligations as mandated by Instagram, as the case may be.
9. Participant, without any exception and at all times during the Contest Period shall follow all instructions given by the Organizer in its entirety. Any failure to comply with the instructions of the Organizer will result in the disqualification of the entry made by the Participant.
10. The Participants submitting their entries other than during the time of Contest Period as per Clause 3, shall not be eligible for the Prize (as defined hereinafter).
11. Participants can participate in the Contest as many times as he/she wants during the Contest Period, but can be declared a winner only once.
12 The valid entries will be judged by the organizer and the organizer's creative agency on the basis of the criteria defined in clause 6.
13. Gratification: The selected entry will feature on the Pepsi India Instagram account. The Organizer shall have the right to select 1 winner on a daily basis, but the discretion of selection will solely lie with the Organizer.Each user featured image will also win a Rs.1000/- worth ecommerce voucher or Paytm credits and a Rs.2000/- worth ecommerce voucher or Paytm credits, in case the picture features a PepsiCo product.
14. It is clarified that the Organizer's commitment under this Contest is subject to the number and nature of entries received, and the Organizer may limit the number of winners depending on the number of Valid Entries received. The Organizer in this regard will entertain no communication. In case none of the Participants meet the criteria laid down in these T&Cs, or are otherwise in non-compliance with these T&Cs, the Organizer shall be entitled to not declare any winner.
15. The decision of the Organizer with regard to validity of the post shall be final and no claim or the Organizer shall entertain communication with respect to that post by the Participant.
16. The winners will also be asked to share their details, if needed, through direct message to the Pepsi Page, i.e. name, e-mail address, contact no. etc., as requested by the Organizer.
17. The winner must submit one government issued photo identity card in order to claim gratification.
18. All videos, text, and any other content or information (collectively and severally, "Materials") submitted by the Participants shall become the sole and exclusive property of the Organizer, and the Organizer shall have no obligation to preserve, return, or otherwise make available to the User or others any Materials.
19. Organizer may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of Materials in any and all media, whether now known or hereinafter created throughout the world for any purpose without any compensation to the Participants.
20. The pictures of prizes depicted on the press ads/posters/ TVC's, packs etc. are only representative and the actual prizes may vary from the depictions.
21. The winners may be contacted by the representatives of the Organizer on the contact number/email id/Instagram account shared by him/her on the direct message inbox. Each winner would be contacted once over a period of 48 hrs. In case the winner is not reachable or he/she cannot redeem the Prize for any reason whatsoever, the Organizer will reserve the right to either forfeit the Prize or pass on the Prize to another Participant, selected as per Clause 12 above, without any further notice to the winner who could not be contacted.
22. The Prize shall be given to the winner by an email/Instagram direct message through a representative of the Organizer. Any lack of cooperation shall entitle the Organizer to forfeit the Prize in its entirety or pass on the Prize to another Participant. Organizer shall not be liable for any loss or non-receipt of Prize due to incorrect details or the failure of any winner to take the delivery, for any reason whatsoever. The Organizer will not be liable for any failure to provide the Prize due to technical issues or any other logistical issues. The Organizer will not be liable for any loss of data during transmission including but not limited to server issues that may come up in the real time monitoring of the entries sent out by Participants during the Contest Period, or in declaration of winners.
23. By participating in this Contest, all the Participants agree to abide by these terms and conditions, as well as the terms and conditions that may be imposed by Instagram.
24. It is strictly prohibited to upload content (picture/text/any other content) of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, is sexually explicit or against any religious sentiments or against any caste, creed or race or any material, which is offensive to women or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the Advertising Code of the Advertising Standards Council of India. It is also clarified that any entry which, in the reasonable opinion of the Organizer, is obscene, offending or hurtful shall be rejected immediately; and appropriate action will be taken against the said Participant. Entries will be rejected/ deleted and will not be deemed valid entries for the purposes of this Contest if they:
(i) contain or displays any commercial/corporate advertising other than that of the Organizer (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
(ii) reference persons or organisations without their written permission;
(iii) disparage any persons or organisations;
(iv) are unlawful, in violation of or contrary to any applicable laws and/or regulations.
(v) represent a danger to health and safety or causes fear or distress; or are otherwise offensive or in bad taste.
25. The Participants agree and undertake that their aforementioned posts will be their original creation and shall not in any way be obscene, vulgar, disrespectful or defamatory in any manner nor shall be in violation of any intellectual property rights of third parties and/or applicable laws. It is also clarified that the Participants are solely responsible for any violation of any applicable laws and shall keep the Organizer indemnified in this regard.
26. In case the Participant is found using external random software that entail fake re-posting tools, he will be disqualified from the Contest. The Organizer has all rights to verify the credibility of the post and to forfeit the Prize in case the Participant is found to be using such tools/software to increase the number of shares/likes. The decision of Organizer shall be final and the Participants shall accept the decision as a binding one and shall in no event challenge the same. Subject to other terms and conditions contained herein, the participation shall be deemed to be made by the person who is the authorised holder of the Instagram account used to send a reply as per Clause 6 above. In case a person uses the Instagram login credentials of another person and uses such account to participate in the Contest, then the Organizer would be within its rights to deny any claim of both such persons, i.e. the one who used the login credentials of another person as well as such other person.
27. At the Organizer's request, winners must participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge, and they consent to the Organizer using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in promotional material or in any media for an unlimited period without remuneration for the purpose of promoting this Contest (including any outcome), and promoting any products manufactured, distributed, marketed and/or supplied by the Organizer.
28. By submitting a Valid Entry in the Contest, the Participants, unless the Organizer advises otherwise or is prohibited by law, license and grant the Organizer, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such entry, in whole or in part, for any purpose including but not limited to future promotion, marketing, advertising or publicity purpose in any media, without compensation, restriction on use, attribution or liability. By participating in the Contest, the Participants agree and acknowledge that:
a) the entries are original;
b) they will have no further right whatsoever on any intellectual property right(s) associated with the entries;
c) the Participants shall not raise any future claim(s) whatsoever against the Organizer. The Participants further agree and acknowledge that the sole right to use the entries shall exclusively lie with the Organizer and the Organizer shall be entitled to use these entries at any point in time for any purposes (including commercial purposes) which the Organizer deems appropriate; and the Participants confirm that they waive to raise any claims whatsoever with respect to the entry submitted by the Participants.
29. The Participant agrees to indemnify and hold harmless Organizer and its officers, directors, employees, and affiliated organizations, and their respective officers, directors, shareholders and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by the Participant of these terms and conditions or the warranties and representations made by the Participant in this Contest.
30. Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded. To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any Participant or winner in connection with or arising out of this Contest howsoever caused, including for any costs, expenses, forfeited Prize, damages and other liabilities.
31. Organizer assumes no liability or responsibility for (i) any errors, omissions or inaccuracies of content or submissions, (ii) personal injury or property damage of any nature resulting from Participant's access to, Participant's exposure to or Participant's participation in the Contest (iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information that may be contained therein (iv) Any deletion of data or interruption or discontinuance of transmission to or from or through the Contest.
32. Decision of Organizer will be final and binding with regard to Contest and Prize and no correspondence will be entertained in this regard.
33. The Prize is personal to the winners and is not transferrable and cannot be sold under any circumstances.
34. Organizer accepts no responsibility for any tax implications that may arise from the Prize winning. Winners will have to bear incidental costs, if any, that may arise from redemption of the Prize.
35. No cash payment will be made in lieu of the Prize.
36. Organizer shall not be responsible for any loss, injury or any other liability arising out of the Contest or due to participation by any person in the Contest.
37. Organizer shall not be liable for any loss or damage due to Act of God, Governmental actions, cancellation of the movie screening , rain, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
38. All disputes relating to this Contest shall be subject to the exclusive jurisdiction of Courts at Gurugram only.
39. By participating in this Contest, it is assumed that the Participant has read the terms and conditions and shall be held responsible in case of violation of the same.