"Thums Up Current Mobile Recharge Quiz Campaign"

TERMS AND CONDITIONS

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Terms and Conditions

1.

Promotion details and Concept 

The‘Thums Up Current Mobile Recharge Quiz Campaign‘Promotion (“Promotion”), is sponsored by Coca-Cola Bangladesh Limited (“CCBL”) across Bangladesh, wherein individuals on submitting a 10 digit Unique Codeand answering the Promotion Question (defined below) in accordance with the terms and conditions of the Promotion,will have the opportunity to win recharge amount of:

 

-        10 Bangladeshi Taka(“Consolation Prize”) and

-        100 Bangladeshi Taka (“Hourly Prize”)

(each a “Prize” and collectively the “Prizes”).

 

The Promotion shall be conducted between28th August, 2019 and28thNovember, 2019, both days inclusive (“Promotion Period”).

 

Interested individuals residing in Bangladesh may participate in the Promotion by purchasing any PET bottle of <>[MC1] with a yellow crown (“The Coca-Cola Company Products”),giving a Missed Call to the designated number as prescribed there in, submitting the 10 digit unique code printed under the Crown ofThe Coca-Cola Company Products (“Unique Code”) and answering the question correctly in the shortest time of the hour.

 

Consolation Winners(defined below) shall be eligible to winConsolation Prize and Hourly Winners (defined below) shall be eligible to win Hourly Prize in accordance with the Terms.

 

ConsolationWinners and Hourly Winners shall collectively be known as Winners and individually as Winner.

 

The Participants (as defined herein) will be required to provide a valid and existing mobile number which will be considered as the registered mobile number for the Participant and shall be used for all further correspondence with the Participant for the purpose of the Promotion. On submitting the Unique Code in the manner prescribed below, the Participant shall become eligible to be chosen as a Winner under the Promotion.

 

Stock of The Coca-Cola Company Products without the Promotion offer will also be available across Bangladesh. Further, certain stock of The Coca-Cola Company Products containing the Promotion offer may be available before the Promotion Period or may continue to be available even after the Promotion Period. However, prospective Participants understand and agree that they will not be permitted to participate in the Promotion before commencement of the Promotion Period and after the expiry of the Promotion Period and further, agree not to raise any claim or complaint against CCBL or its agents in this respect.

 

The Promotion is advertised and promoted, inter alia, through media including digital media including television (news and other channels), Facebook, Youtube, point of sale materials, print publicity through banners, posters, public announcements, website and other available media. 

 

The Promotion is subject to all applicable laws and regulations of Bangladesh.

 

By participating in this Promotion, the Participant accepts and agrees to abide by these terms and conditions of the Promotion.(“Terms”)

 

These Terms will be hosted at the webpage www.coca-cola.com.bd (“Promotion Website”).

 

2.

CCBL and its Partners

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

 

(Software Shop Limited Wireless) (“ SSL”) shall manage the execution and logistics related to the Promotion, commencing with the MISSED CALL application process, conceptualizing the SMS/IVR for the Promotion Period, maintaining the answering time of each entry and shortlisting the Winners leading upto handing over the list of Winners to CCBL.

 

 

3.

Agreement to Terms

and Conditions

 

Entry and participation in this Promotion will be deemed as an unconditional and an unequivocal acceptance of these Terms, including any modifications, revisions and amendments thereto.

 

The decisions of CCBL andSSL shall be final and binding on the Participants in all matters related to the Promotion.

 

Further, the Participants recognize that these Terms may be modified by CCBL from time to time without any prior/public notice by posting the applicable terms and conditions on the Promotion Website. CCBL also reserves the right to cancel or terminate the Promotion at any stage without assigning any reasons whatsoever. Successfully entering the Promotion and winning a Prize is subject to all requirements set forth herein.

 

4.

Promotion Period 

This Promotion will commence on 28th August,2019 and will continue until 28thNovember, 2019, inclusive of both days (“Promotion Period”).

 

The valid timings for receiving entries are between 11 a.m.and 11 p.m. each day of the Promotion Period (“Promotion Timings”).The last entry to be considered for the Promotion will be at 10:59 pm on 28thNovember,2019.

Any entries received outside the Promotion Timings (between11:01 p.m. and 10:59 am shall not be considered for the purpose of the Promotion. However, Participants will get an SMS prompt to participate the next day.

 

Only entries received during the Promotion Timings within the Promotion Period, shall be considered as per the Terms for the Consolation Prize and Hourly Prize for that hourand shall not be carried forward to the next day.

 

 

 

 

5.

Eligibility Criteria

Entry and participation in this Promotion is open to all personswho are Bangladeshi citizens andcurrently residing in Bangladeshwho satisfy each of the following criteria:

 

-        are over the age of 18 years;

-        own a valid cellular GSM or CDMA phone connection that

is accessible always;

-        have not been arrested 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, SSL, and their related entities or other agencies, firms or companies associated with the Promotion (including suppliers of Prizes).

 

Eligible Persons

 

For the sake of clarity, this Promotion is not open to Non-Resident Bangladeshi (NRIs), Overseas Citizens of Bangladesh (OCIs) and Persons of Bangladeshi Origin (PBOs) who are not residing in Bangladesh.

 

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

 

By participating in this Promotion, the Participant agrees to receive details and information about this Promotion on his/her mobile, through SMS or voice calls, during the tenure of the Promotion.

 

6.

How to enter the Promotion 

Participants wishing to enter the Promotion may do so through the following route:

 

1.Participants are required to give a MISSED CALL to (09612707070 )

or any other number designated by CCBL during the

 

 

Promotion Period from any GSM or CDMA mobile phone connection.

 

2.      After giving the Missed call, the Participants shall receive an automated voice call requesting submission of Unique Code. On submission of a VALIDand an UNUSED 10-digit Unique Code, the Participant shall be asked one multiple choice question “Promotion Question”. The Promotion Question can pertain to any area, including general knowledge, basic math calculations etc.There are (300[RZS6] [AAH7] ) PromotionQuestions in total under the Promotion. Each Participant will get different question throughout the Promotion Period.

 

3.      It is hereby clarified that the automated voice call requesting submission of Unique Code will be disconnected automatically, if the Participant submits an incorrect Unique Codeor fails to enter the Unique Code within ( 20  ) seconds.

 

4.      The Participants shall answer the Promotion Question asked during the call by pressing the required button on their mobile phones. The maximum time period to answer the question is ( 10  )seconds (“Valid Answer Period”). In case a Participant does not press any key within(10  ) seconds, he/she shall not be eligible to participate further with that same Unique Code and the call shall be disconnected.However, such a Participant may participate in the Promotion in accordance with the Terms using a different UniqueCode.

 

5.      After the Participant answers the Promotion Question in accordance with these Terms, he/she shall wina recharge amount of 10 Bangladeshi Taka on their respective registered mobile numbers within shortest time ofreceiving confirmation from SSL. (“Consolation Winner”)

 

It is hereby clarified that, the Consolation Prize is not dependent on submitting the right answer to the Promotion Question. In order to be eligible for the Consolation Prize, the Participant is required to answer the Promotion Question as per the Terms.

 

6.      The Participant correctly answering the Promotion Question during the Valid Answer Period within the shortest possible time in thathourof the day within the Promotion Timings, shallreceive a recharge amount of 100 Bangladeshi Taka within 72 hoursof receiving the confirmation of the same from the call center.(“Hourly Winner”).

 

 

Each day under the Promotion Period, there will be a total of  12 Hourly Winners of the Hourly Prize, i.e one Hourly Winner for each hour within the Promotion Timings in a day.

 

7.      If Missed call is received outside the Promotion Timings, the Participants will receive an SMS informing them about the Promotion Timings, consumer will have to participate with the same Unique Code or a new code in active hours 11 am to 11 pmto participate in the Promotion.

 

8.      If a MISSED CALL is received before the commencement of the Promotion Period, the Participant will receive an SMS requesting the Participant to apply during the appropriate period and time. If a MISSED CALL is received after the completion of the Promotion Period, the Participant will be informed about the closure of the Promotion.

 

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

 

Please note that each Unique Code printed on the Promotion Product can be used only once for the purpose of participation. However, Participants are allowed to submit as many entries as they wish using different Unique Codes during the Promotion Period.

 

 

Please note that one mobile number is eligible to win the Hourly Prize only onceduring the entire tenure of the Promotion. 

 

 

 

.

 

For any claims or complaints, the Participants must preserve all the crowns containing the Unique Code(s) that they have used toparticipate in the Promotion.

 

Further, consumers acknowledge and understand that there may be The Coca-Cola Company Products containing Unique Codes under the Crown available for sale before the Promotion Period and even after the end of the Promotion Period; however, consumers will not be entitled to participate in the Promotion at that time. Consumers agree not to make any claim or raise any complaint against CCBL or SSL in this respect.

 

7.

Prizes and Winners

The Participants will be eligible to receive the Prize subject to the Terms detailed herein.

Consolation Prize

After the Participant answers the Promotion Question in accordance with these Terms, he/she shall win a recharge amount of 10 Bangladeshi Taka on their respective registered mobile numbers.

 

It is hereby clarified that, the Consolation Prize is not dependent on submitting the right answer to the Promotion Question. In order to be eligible for the Consolation Prize, the Participant is required to answer the Promotion Question as per the Terms.

 

 

 

Hourly Prize

 

The Participant correctly answering the Promotion Question during the Valid Answer Period within the shortest possible time in that hour of the day within the Promotion Timings, shall receive a recharge amount of 100 Bangladeshi Taka.

 

Each day during the Promotion Period, there will be a total of  12 Hourly Prizes.

 

 

Each Consolation Winner and each Hourly Winnershall be eligible to win Consolation Prize and Hourly Prize respectively, subject to these Terms.

 

 

 

8.

Selecting and

Contacting Winners

 

The Hourly Winners shall be chosen based on their skill, knowledge and timing (shortest time to answer) in answering the Promotion Question correctly in that particular hour of the day.

 

The Hourly Winner shall receive the Hourly Prize within 72 hours of receiving the confirmation of the same from the call center.

 

Any Participant who enters a Valid and Unused 10 digit Unique Code and submits an answer to the Promotion Question as per the Terms, shall be determined as the Consolation Winner.

The Consolation Winner shall receive the Consolation Prize within shortest time of receiving confirmation from SSL.

10.

Conditions relating to the Prize

CCBL shall not be held responsible for any deficiency, defect, inadequacy or irregularity in the Prize(s).

 

The Winner(s) may not exchange or assign the Prizes, and shall not be entitled to any compensation whether in cash or kind from CCBL and/or its agents.

 

The names and images of the Confirmed Winners may at discretion of CCBL be announced on the Promotion Website or in any manner deemed appropriate by CCBL during or after the Promotion Period, once the Winners have been confirmed and verified.

 

No portion of the Prizes offered under the Promotion is redeemable for cash. The Prizes are also not refundable or transferable.

 

CCBL and/or its agents shall not be liable for default or delay in delivery of Prizes due to incorrect personal details provided by the Winner.

 

 

11.

Publicity

The Participants undertake and irrevocably and unconditionally permit CCBL to cover the Promotion through various media including newspapers, radio, digital media, television including news and other channels, internet, point of sale materials, etc., and shall not raise any objection, protest or demur whatsoever to such coverage or in this regard.

 

Whilst CCBL shall make all reasonable efforts, there is no obligation on the part of CCBL to air any entry.

 

The Winners must, at the request of CCBL, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge, and they consent to CCBL using their name and image in all promotional materials.

 

12.

Intellectual Property Rights

All right, title and interest, including but not limited to the intellectual property rights, in the promotional material(s) and in any and all responses received 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 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 Promotion (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 Participants are assigned to CCBL upon submission and become the property of CCBL exclusively. CCBL may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of CCBL.

 

13.

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

 

ii.        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.

 

iii.       CCBL may, 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 Promotion) if it is found that such Participant has submitted an entry or any documents that is inconsistent with these Terms.

 

iv.       CCBL 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 Promotion or otherwise).

 

v.        The decision of SSL as regards the selection of valid entries, winners, promotion question is subject only to CCBL’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained. The Prizes cannot be exchanged and are not transferable or refundable. Further, the Prizes are not redeemable for cash or any monetary benefits in kind.

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

 

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

 

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

 

ix.       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 Promotion and/or its Terms.

 

x.        Employees and family members of CCBL, SSLand their associates and affiliates are not eligible to participate in the Promotion.

 

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

 

xii.      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.

 

xiii.    CCBL, SSLand other agents of CCBL shall not be liable to perform any of their respective obligations under the Promotion or in respect of the Prizes 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 Winners or the Participants in these circumstances.

 

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 CCBL or SSL.

 

xv.      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.

 

xvi.    CCBL accepts no responsibility for dropped calls, 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, software 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 Winner from his/her Prize. CCBL is not obliged to inform such a Winner of the disentitlement; however, it may choose to bring the same to the notice of the Winner through any of the means available to it.

 

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

 

xviii.  The general terms and conditions and privacy policy on the Promotion Website shall be applicable in addition to these Terms.

 

xix.    Neither CCBL or SSL  shall be required to publish or disclose any personal details about the Winners of the Promotion (excluding the names and images of the Winners which may be published on the Promotion Website), including but not limited to their telephone number, address, etc., as such disclosure shall amount to violation of the privacy rights of Winners.

 

xx.      Pease note that neither CCBL, SSL or any of its affiliates, representatives etc. shall be responsible for any disruption, disturbance or disconnection (including dropped calls) in the phone line and/or any undelivered MISSED CALL.  All such disputes, complaints, claims shall be raised with the Telecom Service Provider only.

 

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

 

14.

Release and Limitations of Liability

 

(i) By entering the Promotion, the Participants hereby release from and agree to indemnify CCBL, SSLand/ or any of their respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the Prize or participation in the Promotion 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.

 

 

 

 

(ii) CCBL accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of themselves or third parties in relation to the Prizes. CCBL, SSL 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 or any delay or cancellation of flight or match.

 

(iii) The Participant(s) shall be solely responsible for any consequences which may arise due to their participation in the Promotion by conducting an illegal act. Participant(s) also undertakes to indemnify CCBL and/or SSL 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 CCBL or SSL on account of such act on the part of the Participant. 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 SSL from time to time, during the Promotion.

 

 

 

 

 

 

 

 

 

(iv) 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 Promotion), 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 Promotion and/or the Promotion 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 in the event of there being any third party/entity/organization claims arising from or related to his/her participation in the Promotion. In no event shall CCBL be liable to any Participant for acts or omissions arising out of or related to the Promotion or his/her participation in the Promotion.

 

(v) In consideration of CCBL allowing the Participant(s) to take part in the Promotion, 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 Promotion or related to the Promotion or the Prizes of the Promotion.

 

15.

Dispute Resolution and Governing Laws

(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 Promotion. 

 

 

(ii)

Participation in the Promotion 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 Promotion, shall be governed and construed in accordance with the laws of Bangladesh.