CONTEST TERMS AND CONDITIONS - COFSILS
Twitter, Facebook, Instagram – Social media handles
The following Terms and Conditions are for participating in “#cofsilscheernonstop” contest as a part of cofsils cheer gang (“Contest”) conducted by Cipla Health Limited (‘Cipla Health/Us/We’). By participating in the Contest, you fully agree to be bound by these Terms & Conditions and represent that you have read, understood, accepted and agree to abide with all the rules and regulations of the Contest and that You satisfy all of the eligibility requirements set out herein below.
These terms and conditions (‘Terms and Conditions’) will govern Your Participation in this Contest on the official Facebook, Twitter and Instagram profiles of Cipla Health Limited
- 1.Contest Details: The Contest shall begin on 17th May 2019 and shall continue until 15th July 2019 (“Contest Period”). Cipla Health invites Participants to participate in the Contest on the Social Media Pages by uploading a video (of any quality) in which the Participant along with a few friends should be seen cheering for the upcoming cricket season. Each Participant has to post the video/post using the hashtag #CofsilsCheerNonStop (“Contest Hashtag) on his/her own registered Facebook page, Twitter handle or Instagram page. Cipla Health team will choose winners from the list of entries at its sole discretion based on the Submission (defined below) and the criteria and shall post the details on its website and the Social Media Pages. At the end of the Contest Period, the winners will be declared at the sole discretion of Cipla Health on or after 16th July, 2019 on the website of Cipla Health or on the Social Media Platform(s) [“Winner(s)”]. The Winners may be given any of the following (“Prize”) at the sole discretion of Cipla Health:
- 2 round-trip tickets to Bangkok
- Two tickets for each winner for India and Pakistan match screening at Inox on 16th June 2019
- Flipkart vouchers
- Cofsils kits
Winners will be contacted by Cipla Health via direct message through details on their registered social media pages and they must respond and claim their prizes within 48 hours of the announcement of results. Any claims post the expiry of 48 hours from the declaration of the Winners will not be entertained. It is clarified that the Prize is non-transferable and may not be exchanged for cash. If the Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms and Conditions, the Prize will be forfeited and awarded to an alternate Winner unless otherwise stated, at Cipla Health’s sole discretion.
The Participants’ adherance to the criteria provided hereinbelow, shall be considered as a valid submission (“Submission”). For the avoidance of doubt, if the Participant(s) upload the Submission without the Contest Hashtag, and which is not original or which is a repetition or if the Participant does satisfy the eligibility criteria provided hereinabove, or the criteria for the Submission provided hereinbelow, then his/her Submission shall be considered incomplete and the Participant(s) shall not be eligible for the Contest. The Participant(s) agrees and acknowledges that by uploading the Submission, the Participant(s) is representing that the Submission(s) or Submissions thereof are not confidential nor comprise any sensitive personal data or information. It is further clarified that the Participant(s) cannot make (a) blank tweet/ post using just the Hashtag (b) offensive/ abusive tweet/ post (c) tweeting and re-tweeting/ re-posting the same Hashtag more than once (d) tweets/ posts which are irrelevant to the Contest. Any Submission comprising of such tweets/ posts and /or Hashtags shall be considered null and void.
You hereby understand and agree that Cipla Health reserves the sole right to disqualify and reject Your Submission at any point of time in the event the above criteria or any part thereof is not satisfactory or it does not meet the qualifications as set out below in 2 (below) or any discrepancy is found to exist in the information furnished/ provided by You at any point of time. Cipla Health reserves the right to discontinue the contest without prior notice. The decision of Cipla Health shall be binding on the Participants at all points of time.
- The Submission should be relevant to the Contest. Any Submission uploaded in any manner or as per the format / specifications other than that as prescribed under these terms and conditions will be disqualified and/or rejected.
- The Submission should be uploaded from each Participants’ own/personal registered Facebook, Twitter or Instagram account and does not belong to any other third party.
- The Submission should not exceed 60 seconds.
- The Submission must not infringe the intellectual property of any third party(ies) / individual.
- The Submission will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, , hurting religious sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society or in violation of any applicable laws
- Each Participant consents to the right to use, develop and exploit the Submission by Cipla Health in any manner for future promotional, marketing & publicity purposes without any further reference or payment or other manner or form of compensation to the Participant.
- The winner may be requested to participate in publicity connected to this Contest. The winner grants permission for the use of their names & photographs in any advertising & promotional material for this Contest.
- Criteria: Participant(s) complying with the below shall be eligible to participate in the Contest:
- The Participant should be an Indian citizen and residing in the territory of India only;
- The Participant should have completed 18 (eighteen) years of age or above to be eligible to participate in this Contest;
- The Participant(s) must have one valid, registered and existing Twitter account or Instagram account or Facebook account in his own name during the Contest Period.
- The Participants must follow the Cofsils Twitter Handle on the Twitter Platform, the Cofsils Instagram Page on the Instagram Platform and the Cofsils Facebook Page on the Facebook Platform.
- The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Submission and/or for Cipla Health to develop on the Submission;
- Permanent and/or contract employees and directors of Cipla Health, its parent, subsidiary and affiliated companies, advertising and promotion agencies and each of their immediate family members are not eligible to enter the Contest.
Employees of and/or consultants of and/or persons hired on contract by Cipla Health, its affiliates or group companies and the members of their immediate family are ineligible for participating in the contest. In the event the Participant fulfils all the criteria above, then You may upload the Submission in accordance with these Terms and Conditions. Cipla Health reserves the right but not the obligation to verify if an individual meets all the criteria. Cipla Health is not responsible for not being able to contact the winner due to unavoidable issues. In such a scenario, Cipla Health reserves the right to select another winner immediately. Participants in the contest understand & agree that in order to offer the contest; Cipla Health must collect & use personal information about Participants. This Contest is conducted under the terms of applicable privacy statements.
- Additional Rules
- You are the sole creator / author / owner of the Submission and that, no rights vest in any other party in respect of the Submission uploaded by You. You understand that Your submission of Submission does not imply that Cipla Health is of the view that the Submission, or any part thereof, as being either real, true, original, valuable or usable. The submission of Submission per se shall not be deemed to constitute acceptance by Cipla Health and nothing herein shall be deemed to impose an obligation on Cipla Health to accept and/or exploit and/or utilize the Submission.
- Cipla Health shall not be responsible in the event the Submission is not received due to any technical error of any nature whatsoever. The Participant(s) agree and confirm that Cipla Health shall at no time be held responsible and/or liable for any non-receipt of the Submission due to a technical error and/or defect in the functioning of the website, server or Social Media Platform(s), and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Cipla Health. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Cipla Health.
- The Participant(s) do hereby release in favour of and assign to Cipla Health all rights including but not limited to the intellectual property rights in and to the Submission, for world and in perpetuity
- You agree and understand that Cipla Health reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Contest without giving prior notice to You. You further understand and undertake the sole responsibility to visit the T&Cs available at the section of the website of Cipla Health from time to time in order to be informed of the latest version of the T&C
- For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or qualification of a Participant(s), Cipla Health shall not be held liable either directly and/or indirectly and in any event, and the decision of Cipla Health shall be final and binding on You
- You hereby agree and undertake that, Cipla Health is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Contest and/or the Film
- Cipla Health shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Contest is delayed or postponed or cancelled
- Cipla Health reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant(s) whatsoever without prior notice to the Participants;
- You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, irrevocable, perpetual, freely sub licensable license to Cipla Health for use of Submission in the entire world in any manner deemed fit;
- Cipla Health reserves the right to discontinue dealing with the Submission after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Submission (in part or whole) is not in compliance with the Terms and Conditions herein;
- Cipla Health shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), gratification, prizes, applicable taxes, duties, charges, license fees, insurance and/or levies applicable if any, under the laws of India, in relation to Your participation in the Contest.
- The Participant(s) and / or Winner(s) shall hold harmless Cofsils, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the participant(s) in any manner whatsoever in connection with the contest and/or the prize and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs;
- Limitation of liability: By submission of Submission, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Cipla Health, and/or Cipla Health entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Cipla Health’s maximum aggregate liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.
- You hereby agree and understand that in the event of a breach and/or a threatened breach of these Terms and Conditions by You, Cipla Health shall be entitled to any and all remedies in law and/or equity.
- You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Cipla Health.
- You agree that Your uploading of the Submission and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, Cipla Health, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Cipla Health makes no warranties or representations about the accuracy or completeness of the Submission on the Social Media Platform(s) or the Submission of any websites linked to the Social Media Platform(s) and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Social Media Platform(s), (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Social Media Platform(s), (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Social Media Platform(s) (v) any bugs, viruses, trojan horses, or the like which may be transmitted to by any third party, and/or (vi) any errors or omissions in any Submission or for any loss or damage of any kind incurred as a result of the use of any Submission posted, transmitted, or otherwise made available including loss of Submission posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- You undertake that You shall adhere to the policies of Cipla Health as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. Your attendance may be withdrawn or subject to limitation upon Cipla Health’s sole discretion.
- You hereby acknowledge that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein;
- You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Cipla Health in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of Cipla Health.
- You further understand and acknowledge that nothing herein obligates Cipla Health to maintain confidentiality in respect of the Submission submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Cipla Health by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Cipla Health or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Cipla Health from any third party;
- You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.
- You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional Contest or otherwise which may bring Cipla Health into public disrepute.
- You have the rights to: (i) review your Personal Information (defined below) for deficiencies and inaccuracies, and request Cipla Health to correct or amend the Personal Information, to the extent deemed feasible by Cipla Health; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that Cipla Health shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend my Personal Information, Cipla Health shall be entitled to disqualify your Submission and/or participation in the Contest, as deemed fit and necessary by Cipla Health at its sole discretion.
- The Terms and Conditions shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Contest, such dispute shall be referred to a sole arbitrator appointed by Cipla Health and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by You.
- Subject to the provisions of the aforementioned paragraph, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
- You acknowledge that in case the Contest and/or any of Cipla Health’s obligation cannot be fulfilled due to war, industrial action, flood or any act of God or event beyond the reasonable control of Cipla Health then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then Cipla Health shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.
- You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Cipla Health promptly, as and when called upon, in relation to your participation in this Contest. Cipla Health reserves the right to reject the Submission and disqualify Your participation at the sole discretion of Cipla Health.
- The Submissions as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between You and Cipla Health in this connection, and supersedes all prior understandings, if any, whether written or oral, between You and Cipla Health., in this connection.
- You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Program is voluntary and out of You free will and consent, without any monetary compensation whatsoever.
- You hereby acknowledge that You have fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Cipla Health and with complete understanding of all of the terms and conditions contained herein and shall agree to the Submissions of these Terms and Conditions.
- In case of any queries in relation to this Contest, you can write to firstname.lastname@example.org.
- You hereby consent to the collection, receipt, storage, use, transfer and retention of Your personal information as defined under the Information Technology Act, 2000 and the rules and regulations thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Personal Information”).