SCAN KORLEI COCA-COLA CONTEST

2018 TERMS AND CONDITIONS

 

 

Clause

Title

Terms and Conditions

1. 

Contest Details and Concept

The Scan Korlei Coca-Cola Contest (“Contest”) is a consumer promotion sponsored by Coca-Cola Bangladesh Private Limited (“CCBL”), wherein individuals residing in the Bangladesh will have the opportunity to win and participate in a photography contest (“Prize”).

 

The Contest shall be held between 25th May, 2018 and 13th  June 2018, both days inclusive (“Contest Period”).

 

By scanning the QR code on Nagorik TV which till land on a microsite. Upon providing the most creative answer to a simple question, winner will get a case of Coca-Cola. Every day 10 winners will be selected, in accordance with these terms and conditions and of the Contest (the “Terms”).

 

Individuals understand and agree that they will not be permitted to participate in the Contest after the expiration of the Contest Period and further, agree not to raise any claim or complaint against CCBL or its agents in this respect.

 

The Contest is advertised and promoted, inter alia, through television media and digital media, including but not limited to, social networking websites such as Facebook.  

 

The Contest is subject to all applicable central, state and local laws and regulations.

 

By participating in this Contest, the Participant (as defined below) accepts and agrees to abide by the Terms. These Terms will be hosted at http://www.coca-cola.com.bd/bn/home/.

 

1. 

CCBL and its Partners

This Contest is sponsored by Coca-Cola Bangladesh Limited, having its corporate office at Crystal Palace, 11th Floor, Plot-22, Road-140, Block- SE (D), Gulshan-1, Dhaka-1212

This Contest is administered by Grey Advertising Dhaka, which shall manage the logistics related to the Contest, commencing with the advertisement and promotion of the Contest, registration of Participants, the compilation of the list of individuals submitting Valid Entries (as defined herein), and leading up to the declaration of winners and the awarding and facilitation of operation of the Prize(s).

 

1. 

Deemed acceptance of Terms and Conditions

 

Registration and participation in this Contest will be deemed as an unconditional and an unequivocal acceptance of these Terms, including any modifications, revisions and amendments thereto. The decisions of CCBL, Nagorik TV and/or Grey Advertising Dhaka shall be final and binding on the Participants in all matters related to the Contest. Further, the Participants recognize that these Terms may be modified by CCBL and/or Nagorik TV from time to time without any prior/public notice by posting the applicable terms and conditions on the Website. CCBL/Nagorik TV also reserves the right to cancel or terminate the Contest at any stage without assigning any reasons whatsoever. Successfully entering the Contest and winning the Prize(s) is subject to all requirements set forth herein.

 

1. 

Contest Period

Unless otherwise provided for herein, this Contest will be active for the days between 25th  May, 2018 and 13th  June 2018.

1. 

Eligibility Criteria

Entry and participation in this Contest is open to lndividuals residing in Bangladesh who satisfy each of the following criteria (“Eligible Persons”):

 

● are of the age of eighteen (18) years or above;

● have a valid Facebook account;

● 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); and

● are not management, employees, directors or contractors, or the family of the management, employees, directors or contractors of CCBL, Nagorik TV or Grey, their related entities or other agencies, firms or companies associated with or related to the Contest (including suppliers of prizes).

 

For the sake of clarity, this Contest is not open to individuals residing outside Bangladesh, Non-Resident Bangladeshis (NRBs), Overseas Citizens of Bangladesh (OCBs) and Persons of Bangladeshi Origin (PBOs) residing outside Bangladesh.

 

Eligible Persons participating or seeking to participate in the Contest shall individually be referred to as “Participant” and collectively as “Participants”.

 

By participating in the Contest, each Participant hereby agrees to receive details and information on this Contest through their Facebook pages or through their email accounts during the tenure of the Contest.

 

1. 

How to enter the Contest

To enter the Contest, Participants must:

 

- Consumers must scan the QR code on Nagorik TV.

- The QR code will land on a microsite where the consumers have to answer a simple question

- Everyday 10 individuals will be selected based on their answers’ creativity.

- The winners will receive 1 case of 2.25l Coca-Cola, delivered at their home.

- The QR code will be shown on the TV from 3pm-7pm and 10pm-12pm.

 

Participants can submit multiple entry during the Contest Period. One (1) prize may be won by any single Participant.

 

Any entry submitted/uploaded for consideration under the Contest and which satisfies all the conditions contained in this Clause 6 shall be considered a “Valid Entry” for the purposes of these Terms. However, it is expressly clarified that any Photo/ post which falls under any of the following criteria will not be considered a Valid Entry under these Terms and will be immediately disqualified from being eligible for the Prize:

 

·    Entries containing offensive or inflammatory content such as swear words or content that explicitly or implicitly demonstrate discrimination based on colour, community, caste, creed, nationality etc.;

·    Entries that contain any content that maligns The Coca-Cola Company, CCBL or any of its brands or any other existing brand;

·    Entries that contain references to competitors of CCBL;

·    Entries that contain defaming reference of political leaders, party signs, symbols or logos;

·     Any entry that contains content which violate copyright laws or the intellectual property rights of a third party.

 

Further, the Participants are requested to note that CCBL shall not be liable or responsible, for the Participant’s failure to expressly follow any instructions related to the Participant’s prospective entry into the Contest, as set out within these Terms.

 

Entry by proxy is not permitted. Eligible persons can only enter in their own name.

 

1. 

Selection of Winners and Prizes

Grey Advertising Dhaka shall compile a list comprising of all Valid Entries submitted/uploaded by Participants during the Contest Period and submit such list to CCBL. The top 20 (20) Participants everyday who upload Valid Entries that follow the guidelines will be selected as winner on the basis of:
1. Quality of the answer

 

Each Participant will be permitted to submit one Photo for the Contest, during the Contest Period. It is clarified that each photo submitted in accordance with these Terms will be treated as a unique entry/submission.

 

With respect to the Prize, the following will be included and excluded:

 

Included:

-        Winners will get 1 case of 2.25l Coca-Cola.

 

Excluded:

-   Cost of coming to collect the gift (if required).

-    If failing to collect the gift, any other monetary option of the gift.

-        Cost to carry the gift.

 

1. 

Contacting Winners

Within one (1) week from the day of participation, the ten (10) Shortlisted Winners, as determined under Clause 7, will be contacted.

 

In addition, Grey Advertising Dhaka will also shortlist ten (10) Participants in accordance with Clause 7 above, as back-ups (“Backup Winners”) who will be contacted in the order of their selection and be declared as Shortlisted Winners for that particular Contest, in the event that any of the original Shortlisted Winners are unavailable, unreachable, do not respond or cannot be contacted for any other reason.  

 

However, if all the Backup Winners cannot be contacted, or are unavailable, the Shortlisted Winner slot shall be declared as “Vacant” and the slot will be forfeited. In addition Grey Advertising Dhaka is not under any responsibility or obligation to conduct any further selection to fill up such Vacant slot/s.

 

In the event that the Shortlisted Winner has confirmed that he/she is interested in continuing in the Contest, CCBL shall take signature Consent to the Terms and Conditions (Annexure 2) to the Shortlisted Winner.

 

The Prize to Shortlisted Winners shall be awarded subject to production/signing of all such documents/papers (such as identity proof etc.) by the Shortlisted Winner as required by CCBL and/or Grey Advertising Dhaka. Apart from the Prize, the Shortlisted Winner(s) or their respective legal heirs will have no other rights or claims against CCBL.

 

1. 

Intellectual Property Rights

All right, title and interest, including but not limited to the intellectual property rights (including copyrights, trademarks, performer’s rights and designs) in the promotional material(s), or other materials created during or for the Contest, or as a part of the Contest or otherwise, shall vest solely and exclusively with CCBL at all times. CCBL or any person or entity permitted by CCBL in this regard shall be entitled to use, within the confines of applicable law in Bangladesh, 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 Contest (whether written, audio, electronic or visual form, or a combination of those) including any write-ups, Selfies, photographs, video and/or film footage and/or audio recording taken of Participants are assigned to CCBL upon submission and become the property of CCBL exclusively. CCBL may modify, edit and use the write-ups, Selfies and other material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of CCBL.

 

1. 

General Conditions

      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 Contest the Participant warrants that all information provided by him/her regarding his/her name, age, division, city, address, phone number, etc., is true, correct, accurate and complete.

 

     ii.      Each Participant hereby represents, warrants and confirms  that:

 

(a)             The Participant’s submitted entry is an original work;

(b)            The Participant’s submitted entry does not infringe the copyright or any other rights of a third party;

(c)             The Participant’s submitted entry does not contain any illegal content or any of the disallowed content mentioned in Clause 6 of these Terms;

(d)            The Participant is submitting his/her entry voluntarily and is waiving any right to compensation for it.

 

 

 

   iii.      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 CCBL and it is to be understood that the Confirmed Winner shall be eligible for the Prize only upon furnishing of the prescribed details and documents to CCBL or Grey Advertising Dhakaas applicable.

 

    iv.      CCBL and Grey Advertising Dhakamay, 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 Contest) if it is found that such Participant has submitted an entry or any documents that is inconsistent with these Terms.

 

     v.      CCBL and X Solutions, 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 Contest or otherwise).

 

    vi.      The decision of X Soltuions as regards the selection of Valid Entries, Shortlisted Winners and Confirmed Winners is subject only to CCBL’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained.

 

  vii.      CCBL reserves the right at its sole discretion to cancel, terminate, postpone, modify or suspend the Contest in whole or in part at any time including if, for any reason, the Contest is not capable of running as planned, including due to any technical failure or any other causes beyond the control of CCBL or Grey Advertising Dhakaand will not be liable for any consequential losses/damages. All Participants agree that no claims or complaints may be raised against CCBL, Grey Advertising Dhakaor any of their affiliates, representatives, associates etc. in this respect. Any decision of CCBL in this regard and in general with respect to this Contest and the Terms thereto shall be final, binding and non-contestable.

 

 viii.      CCBL further reserves the right to modify or cancel the Prizes offered under this Contest, at its sole and absolute discretion. The Participants agree that no claims or complaints whatsoever may be raised against CCBL, Grey Advertising Dhakaor any of their affiliates, representatives, associates etc. in this respect.

 

    ix.      Participants shall follow all directions/rules and regulations (whether communicated in written form or verbally) framed by CCBL and Grey Advertising Dhakaat all times in connection with the Contest. Any deviation or objection by any Participant(s) may result in their disqualification from the Contest.

 

     x.       The Participant(s) hereby undertake to provide and/or execute any documents as may be deemed necessary by CCBL to effectively carry out his/her obligations under the Contest and/or its Terms & Conditions.

 

   xi.       Employees and family members of CCBL, X Solutions, their associates and affiliates are not eligible to participate in the Contest.

 

  xii.    The Confirmed Winners and their Designated Companions must take all reasonable steps to ensure their general health and safety in relation to the travel to the interactive  dinner and other activities during such a session and CCBL or Grey Advertising Dhakashall not be liable or responsible, whether jointly or severally, in any manner whatsoever in this regard.

 

 xiii.      Nothing contained herein amounts to a commitment or representation by CCBL to conduct further contests or promotions.

 

 xiv.      The decision of CCBL shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between any Participant and CCBL and the Participant shall not have the authority to bind CCBL in any manner whatsoever.

 

   xv.      CCBL, Grey Advertising Dhakaand other agents of CCBL shall not be liable to perform any of their respective obligations under the Contest 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 Confirmed Winners or the Participants in these circumstances.

 

 xvi.      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 CCBL or X Solutions.

 

xvii.      Confirmed Winners and Participants undertake not to, at any time, disclose, reveal, communicate or otherwise make public any information relating to CCBL, their respective  business, personnel, servants, agents or officers to anyone.

 

xviii.      CCBL accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, communication, 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. CCBL 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, CCBL shall not be under an obligation to entertain such documents and CCBL may at its sole discretion choose to disentitle the Shortlisted Winner from claiming his/her Prize. CCBL is not obliged to inform such a Shortlisted Winner of the disentitlement; however, it may choose to bring the same to the notice of the Shortlisted Winner through any of the means available to it.

 

 xix.      If a Participant is dissatisfied with the Contest or the Contest Terms, his/her sole and exclusive remedy is to not participate in the Contest.

 

   xx.      The general terms and conditions and privacy policy on Facebook and the Contest Website shall be applicable in addition to these Terms.

 

 xxi.      Neither CCBL nor Grey Advertising Dhakashall be required to publish or disclose any personal details about the Confirmed Winners of the Contest (excluding the names of the Confirmed Winners which shall be published on the Contest Website), including but not limited to their telephone number, address, etc., as such disclosure shall amount to violation of the privacy rights of Confirmed Winners.

 

xxii.      Please note that neither CCBL, nor Grey Advertising Dhakaor any of their affiliates, representatives etc. shall be responsible for any disruption, disturbance or disconnection in telecommunication and data transfer equipment used in the course of the Contest and all disputes, complaints, claims shall be raised with the service provider only

 

xxiii.   These Terms may be altered by CCBL at its sole and absolute discretion and without any notice to the Confirmed Winners and/or Participants.

 

xxiv.   All costs associated or arising in connection with each Prize are the responsibility of the Confirmed Winners, unless otherwise expressly provided in these Terms.

 

1. 

Release and Limitations of Liability

(i)          By participating in this Contest, the Participant agrees:

 

(a)             to be bound by these Terms, the decisions of CCBL and/or Nagorik TV and the winner selection procedure(s), which are final and binding in all respects;

(b)            to hold CCBL and/or Nagorik TV and its parent company, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees and agents indemnified and harmless against any and all claims and liabilities arising, in whole or in part, directly or indirectly, out of or in connection with participation in this Contest;

(c)             to hold CCBL and/or Nagorik TV and its parent company, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees and agents indemnified and harmless against any and all claims by third parties that the Selfies submitted under this Contest violate their intellectual property rights; and

(d)            CCBL and/or Nagorik TV may disqualify anyone from participating in the Contest if such person is suspected of or found cheating or adopting other fraudulent or unfair practices, or intending to annoy, abuse, threaten or harass any other Participant or CCBL’s and/or Nagorik TV’s representatives or who is otherwise not in compliance with these Terms.

 

(ii)        CCBL 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 participation in the Contest and/or acceptance of the Prize unless such loss or damage is suffered exclusively on account of any willful misconduct or negligence on the part of CCBL or any of its management or employees.

 

(iii)       By participating in the Contest, Participants agree and acknowledge that CCBL and Grey Advertising Dhakaare providing the Contest on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

 

(iv)       By participating the Contest, the Participant hereby releases and agrees to indemnify CCBL, and/or any of its respective officers/employees from and against all liability, cost, loss or expense borne by CCBL on account of any personal injury, damage to property, reputation, etc., suffered by CCBL or any of its employees or agents or any third party, whether direct, indirect, consequential, foreseeable, due to some negligent act or omission of any Participant.

 

(v)         CCBL accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, its agencies or third parties in relation to the Prize. CCBL 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.

 

(vi)       The Participant(s) shall be solely responsible for any consequences which may arise due to their participation in the Contest by conducting an illegal act. Participant(s) also undertakes to indemnify CCBL and/or Grey Advertising Dhakaand 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 CCBL or Grey Advertising Dhakaon account of such act on the part of the Participant or his/her Designated Companions. Participant(s) hereby agree to indemnify, defend and hold harmless CCBL 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, any other rules, regulations, directives (whether written or verbal) issued by CCBL or Grey Advertising Dhakafrom time to time, during the Contest or the interactive dinner.

 

(vii)      To the fullest extent permitted by law, in no event will CCBL or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that CCBL 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 Prizes, even if CCBL 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 CCBL harmless from any third party/entity/organization claims arising from or related to his/her participation in the Contest. In no event shall CCBL be liable to any Participant for acts or omissions arising out of or related to the Contest or his/her participation in the Contest.

 

(viii)    In consideration of CCBL allowing the Participant(s) to take part in the Contest, 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 CCBL, 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.

 

1. 

Dispute

(i)           The courts of competent jurisdiction at Dhaka shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Contest.

 

(ii)          Participation in the Contest is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this clause.

 

(iii)        Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Participants and/or CCBL and/or Partners of this Contest, shall be governed and construed in accordance with the laws of Bangladesh.

 

 

ANNEXURE 1

CONSENT LETTER TO THE TERMS AND CONDITIONS OF SCAN KORLEI COCA-COLA CONTEST

TO BE EXECUTED BY PARTICIPANT

To,

Grey Advertising Dhaka Limited

I have read and understood the Terms & Conditions of the ‘Scan Korlei Coca-Cola Contest. I hereby accord my consent to the same. Also find enclosed the following requirements -

o   Self- attested photocopies of the following documents:

 

-   My government approved ID proof (voter’s ID card, Passport, driving license etc.);

-  One recent passport sized photograph of me; and

 

Kindly consider me as a winner under the contest.

I also hereby give my consent to be declared as a winner on any promotional communication medium with an understanding that my prize is subject to all required documentation being submitted in the allotted time and the terms of the contest.

 

_________________________________

 

Date: __________

 

ANNEXURE 2

 CONGRATULATORY LETTER COCA-COLA XXX CONTEST

 

Scan Korlei Coca-Cola Contest

Grey Advertising Dhaka

Address

 

Date: ______

 

 

Dear Sir / Madam,

Congratulations!! We, at Grey Advertising Dhaka are pleased to inform you that you have been finalized as a winner of the ‘Coca-Cola XXXX Contest, a promotion sponsored by Coca-Cola Bangladesh Pvt. Ltd.

We are in receipt of all the documents required as per the terms and conditions of the promotion from you, and hereby confirm that you have satisfied all the requirements to be eligible as the winner.

As advised earlier, please sign the enclosed No Claims Letter in order to claim your prize.

 

Thanking you,

 

 

Authorized Signatory, Grey Advertising Dhaka

On Behalf of Coca-Cola Bangladesh Pvt. Ltd.

 

ANNEXURE 3

NO-CLAIMS LETTER FOR THE SCAN KORLEI COCA-COLA CONTEST

 

To,

Authorized Signatory, Grey Advertising Dhaka

On Behalf of Coca Cola Bangladesh Pvt. Ltd

I have also received the Congratulatory Letter for the “Scan Korlei Coca-Cola Contest”.

The opportunity to receive 1 case of Coca-Cola is in full and final settlement of all claims of whatsoever nature against Coca-Cola Bangladesh Private Limited, its associates and office bearers.

I give my consent to be considered as a winner under the contest.

 

___________________________

(SIGNATURE)

 

_________________________________

(FULL NAME)

S/o ____________________________

R/o______________________________

Mobile number__________________________

Date: __________