The Specific Terms and Conditions, and the General Terms and Conditions, are collectively herein after referred to as “Terms and Conditions” for the McDowell’s No.1 sodaSoda “EPL Footy Nights Contest”.
Specific Terms and Conditions
- The Terms and Conditions apply to every person (“Participant”) entering the McDowell’s No.1 soda“EPL Footy Nights Contest” (the “Contest”) conducted by United Spirits Limited (“USL”).
- By entering this Contest, all Participants are deemed to have accepted and agreed to abide by these Terms and Conditions. If you are not agreeable to any of the Terms and Conditions, please do not participate in this Contest.
- At the time of entering the Contest, the Participant must be a resident of India and must be an Indian citizen. Participant and all his/her friends who are a part of the Contest, must not be less than twenty five (25) years old. The age of all Participants and all his/her friends who are a part of the Contest, to be calculated from the date a Participant submits his/ her entry for the Contest. All entries in this Contest will be automatically disqualified without notice if an entrant is less than twenty five (25) years of age or if he/ she promotes this Contest through unsolicited commercial e-mail and/or multiple postings.
- The contest starts from 11th January 2016 “Start Date” and ends on latest by 31st May 2016 “closing date”.
- Each Participant must complete their entry by answering specified question http://www.liveinstyle.com/mcdowellsno1/footyleague . Each Participant must complete the entry process, on or before: (a) the Closing Date to be eligible to participate in the Contest for the Prizes (defined below). This contest is meant for one’s friends and entries of siblings, relatives will not qualify for prizes, USL reserves the right to disqualify all such entries. No calls to USL will be accepted. By entering the Contest, each Participant promises that he or she fulfils the eligibility requirements. USL reserves the right to verify the validity of all entries including but not limited to the Pre-Qualified Entries (defined below) and the eligibility of Participant and all their friends who are featured in the answers submitted for the Contest, at any time during or after the Contest, to disqualify any entries including but not limited to the Pre-Qualified Entries (defined below) and to not consider entries that are incomplete or illegible. In the event of any dispute concerning the eligibility of any Participant, USL’s decision shall be final.
- USL will choose maximum of 10 and minimum of 1 (as per agreement with Star TV ) number of winners from all valid entries during the contest period who will be given a chance win the promoted gratification. For all gratification ( including screenings, studio visit and Meet and greet events and exclusive merchandize), each winner will be eligible to bring maximum of 2 of his closest friends for the program as applicable. Maximum of 20 participants to be sent for the EPL Footy Nights screening. The selection will be based on a random selection by a computer, which will generate random winners. The decision of United Spirits will be final, binding and non-contestable.
- We will be communicate to the winners at least 72hrs prior to the screening program. The winners & his friends needs to make all arrangement to reach to the venue. The prize in the Contest may be subject to variation at the discretion of USL, and any change will be final and binding upon every Participant who enters this Contest.
- The prizes for this Contest will be given to the winners as set out in these Terms and Conditions. Each winner must accept his/ her prize in that form. Under no circumstances will cash be given as an alternative. The prizes are not transferable and must be accepted as awarded with no substitutions in cash or otherwise, except at USL’s sole discretion. USL reserves the right to substitute a prize of equivalent value if a prize or a component of it cannot be awarded or utilized as described. For Footy Nights screening event, USL is not responsible for the consumption of the beverages or meals on the complementary F&B coupon as allocated by Star team to the winner and their friends.
- USL will send an email to the Prize Winners at the email address given by the entrant. In the event that the Prize Winners do not acknowledge/ accept/ collect/ use their prizes within the stated timeline and/ or do not provide the information requested for by USL within the stated timelines, the Prize Winner acknowledges and agrees that he/ she shall forfeit the prize being awarded and USL shall have the right to award the same prize(s) to another Participant(s).
- USL is not responsible for failure to contact any potential winner(s), and will not be responsible for contacting or awarding the prizes to any selected Participant(s) who does not respond to USL’s e-mail or telephone calls, if any, within the time periods provided, for any reason whatsoever. Further, in no event shall USL be held liable for a prize if it does not reach the winner or recipient for reasons beyond its control.
- Contest entries and any materials (whether in written, audio, electronic or visual form, or a combination of those) of the Participants is the property of USL and USL shall have the right, in perpetuity, to use the material in any medium (including internet) free of charge and in any reasonable manner it sees fit. All present and future intellectual property rights in any such material become and remain the sole property of USL. The Participant hereby expressly, irrevocably and unconditionally waives, to the maximum extent possible, all moral rights to which he/she may now or at any time be entitled in respect of any video, photo, film or other document protected by intellectual property rights.
General Terms and Conditions
- Employees of USL Diageo or their relatives or employees of USL's affiliates, group companies, and marketing and promotion agencies are not eligible to participate in this Contest.
- Failure to comply with any of these Terms and Conditions (including instructions) will disqualify any Participant from continuing to take part in the Contest and such Participant's participation will be invalid. USL retains the sole discretion to refuse Participants the right to participate if it feels that these Terms and Conditions are being violated.
- USL reserves the right to change any details of the Contest, including but not limited to amending these Terms and Conditions; the type of Contest and the prizes for the Contest. USL reserves the right to amend, temporarily suspend or withdraw the Contest in its absolute discretion provided that USL shall not exercise this right unreasonably.
- USL shall not be liable to award/provide the prize(s) and/or declare the winners of the prizes of the Contest due to any cause beyond its reasonable control, including but not limited to, Act of God, insurrection or civil disorder, religious strife, war or military operations, terrorist act, partial or total strikes, either internal or external, lock-out, epidemic, blockage of means of transport or of supplies, national or local emergency, earthquake, fire, storm, flood, water damage, governmental, regulatory or legal restrictions, acts or omissions of persons for whom USL is not responsible.
- By entering this Contest, Participants agree to hold harmless USL, its agencies, the judges and its affiliates, against any and all liability, damages or causes of action (however named or described) with respect to or arising out of: (i) Participant's participation in the Contest; (ii) the receipt or use of the prizes awarded; and (iii) the administration of the Contest and the distribution of prizes awarded. Participants hereby release, waive and discharge any and all claims of damage, loss or causes of action (including negligence) including but not limited to loss or damage to person or property which the Participant and his/her representatives or assignees may have, suffer or which may hereinafter accrue to the Participant or as a result of the Participant's participation in the Contest or use of the prizes awarded.
- USL reserves the right to disqualify any Participant who tampers with the entry process or submits an entry that is not in accordance with these Terms and Conditions or who has, in the opinion of USL, engaged in conduct in entering or participating in the Contest which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Contest and/or USL. USL reserves the right to disqualify a winner if it becomes aware that the winner and/or the winner's entry is of a type described in this paragraph. USL reserves the right to exclude winners who have been convicted of a criminal offence or who have a criminal court case pending.
- The Participant warrants that he/she is the sole owner of any and all materials submitted by him/her as part of the Contest including but not limited to all details mentioned on the entry form (“Materials”), and he/she has obtained all necessary consents, if any, and neither the Materials nor its exploitation by USL or its affiliates will infringe any rights of any third party. The Participant shall indemnify, defend, and hold harmless USL, its affiliates, its agencies and the judges of the Contest from any and all liability, loss, costs, damage, judgment, or expense (including reasonable attorney’s fees) resulting from or arising in any way out of any such claims by any third parties and/or which are based upon, or are the result of any breach of the warranties in this paragraph.
- All Participants acknowledge and agree that the decisions of USL with respect to all aspects of the Contest are final and no correspondence will be entered into in this regard
- USL shall not be responsible for late, lost, illegible, falsified, delayed, incomplete or destroyed entries and all such entries are void and may be disqualified at any time. USL does not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, lost delayed or garbled data or transmissions, omissions, interruptions, deletion, defect or failures of any telephone or computer lines or networks, computer equipment, software or any combination thereof. Entry materials/ data that have been tampered with or altered are void.
- USL is not liable for any problems, errors, or negligence that may arise or occur in connection with this Contest, including but not limited to, any damage to the Participant's computer or other technical device, or software, as a result of the Participant's participation in this Contest. USL shall not be liable in any way for any failure or breach by any party in connection with this Contest, prize or prizes and accepts no responsibility for any loss suffered by a Participant arising from this Contest, prize or prizes.
- USL advocates the responsible service and consumption of alcohol and abides by a strict code of marketing practice for alcoholic beverages. It is a condition of this Contest that Participants comply with applicable regulations and guidelines for the responsible service and promotion of alcohol, including the USL Marketing Code (available at www.DrinkIQ.com). Participants are encouraged to visit www.DrinkIQ.com for information on safe drinking, standard drinks and related issues. For further information about USLs Marketing Code or USL's involvement in alcohol education initiatives contact USL India Corporate Relations at firstname.lastname@example.org or log on to our corporate website www.unitedspirits.in. [AG1]
- USL collects Participants' personal information in order to conduct the Contest. If the information requested is not provided, the Participant is not eligible to participate in the Contest. By entering the Contest, unless otherwise advised, each Participant also agrees that USL and/or its affiliates may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to the Participant. Participants' personal information may be disclosed to government authorities and winners' names may be published. A request to access, update or correct any information should be directed to [Nitesh Thakur], [Brand Manager], USL India Private Limited at United Spirits Limited UB Tower,# 24, Vittal Mallya Road, Bangalore - 560 001 India.
- This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each Participant understands that he/she is providing his/her information to USL, the recipient(s) of information, and not to Facebook. The information each Participant provides will only be used for the purposes of administering this Contest and the prizes. All rights are reserved.
- If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Indian laws shall be exclusively applicable to any and all disputes arising out of or in connection with the Contest or these Terms and Conditions. The courts at Bengaluru shall have sole jurisdiction over any and all disputes arising out of or in connection with this Contest.