“Lay’s Dhoni Merchandise Contest” (“Program”) is organized by PepsiCo India Holdings Pvt. Ltd. (“Company”).
The Program is open only for Indian citizens residing in India (except in the state of Tamil Nadu), of 18 years of age or above (“Participant”). The Program is not open to the Company’s employees and their family members, employees of Company’s associate companies, bottlers, co-packers, distributors, agents, advertising and promotional agencies and auditors and their associate companies.
Program is valid only on purchase of Lay’s packs (hereinafter referred to as “Product”) from select 20 modern trade stores of More, Spar, Spencer and Reliance in the following territories: Mumbai, Delhi NCR, Kolkata, Chennai, Bengaluru, Pune and Punjab (“Territory”).
The Program is not applicable on any product of the Company other than the Product mentioned in clause 3 above.
Program is not valid on purchase of Product from e-commerce channel or any outlets other than the abovementioned select 20 outlets.
Program is valid on any ten days between 1st May, 2024 to 30th May, 2024 as decided by the Company in its sole discretion (“Program Period”). The selected ten days when the Program will be conducted will be informed to the general public through advertising/promotional material and announcement at the abovementioned participating outlets.
The Company may in its absolute discretion curtail or extend the Program Period, as it deems necessary without any liability whatsoever; and no communication in this regard will be entertained. The Program may be withdrawn by Company at any time, without any intimation or liability to a third party.
By participating in this Program, 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. The terms and conditions of this Program may be amended, varied in any manner at any time at the sole discretion of the Company.
To participate in the Program, the Participant has to follow the steps as detailed herein below:
(i) Check eligibility as per these T&Cs.
(ii) Purchase the Products worth MRP INR 150/- (incl. of all taxes) (Indian Rupees One Hundred and Fifty only) from a modern trade retail outlet in the Territory where this Program is running.
(iii) Collect the scratch card from the billing desk / Company representative in the said outlet.
(iv) Scratch the scratch card before leaving the store.
(v) Retain the invoice for verification purpose.
Products without the offer are also available. Participation is optional.
A Participant can participate in the Program multiple times.
The Participants who comply with the terms and conditions of the Program, make the purchase and scratch their scratch card, as per Clause 9 above, will:
(i) Either not win any prize;
(ii)Or win free merchandise worth maximum approx. Rs. 500/- (Rupees Five Hundred only), autographed by cricketer Mr. Mahendra Singh Dhoni (“Prize”).
*Conditions:
(a) Participants should retain the scratch card and invoice with them for verification at the time of redemption of the Prize. Award of Prizes is subject to the verification of the scratch card and purchase invoice.
(b) The image(s) of Prize shown in various advertising and promotional material is for representational purpose only. Actual Prize may vary from such images.
(c)The type, variant, size etc. of the Prize shall be at the sole discretion of Company. Participant shall not have any choice in this regard.
(d)Prize is subject to availability and till stocks last.
(e)Total of 2% Participants from all entries under this Program will receive the Prize under this offer. All other participants will not receive any prize. In case the Participant fails to collect the Prize on winning it, the Company or retailer will have no liability to provide the Prize to winner.
(f)It is clarified that the Company’s commitment under this Program is subject to the number and nature of participations. The Company may not declare any winner if none of the participations are found valid or in breach of these terms and conditions.
(g) Winners shall collect the Prize at the time of purchase of Product. Company shall not be liable to deliver the Prize or offer the Prize to a Participant who does not collect the Prize from the retail outlet at the time of purchase of Product, or if the Prize remains unclaimed after scratch card is handed over to the Participant.
(h)Prize cannot be exchanged or replaced with cash or other products or any other benefit.
(i) The retailer/Company may at its sole discretion ask the Participant to mandatorily produce such documentary evidence and invoice to prove the eligibility of the Participant to avail the Prize.
(j) Any attempt to avail the Prize without purchasing a Product plying this Program will be considered invalid.
(k) It is clarified that in addition to these terms and conditions, the Participant shall at all times be bound by the terms and conditions as imposed by the retail outlet / third party on purchase of products from their outlet(s).
Only participation of the Participants meeting the criteria under these terms and conditions, shall qualify for the Program. The decision of the Company with regard to validity of the participation shall be final and the Company shall not entertain any claim or communication with respect to that entry by the Participants.
The Prize is subject to verification of Participants’ eligibility to participate in this Program.
In case the Prize cannot be availed by a Participant for any reason whatsoever, or is found to be ineligible at any stage of the Program Period, the Company will reserve the right to either forfeit the Prize or pass on the Prize to another eligible Participant without any further notice to the original Participant.
Company shall not be responsible for failure of modern trade retail outlet (including its employees/staff) to conduct their obligations under this Program and/or to provide the Prize to the Participants for any reason whatsoever.
Participant agrees that participation in this Program is at his/her sole decision, judgment and risk. The Company and its affiliates, and their officers, directors, employees, and agents disclaim all warranties, express or implied, including without limitation any warranty availability, and fitness for a particular purpose or non-infringement.
The Program is non-transferable, non-returnable, non-refundable and non-negotiable. No requests for transfer or assignment of the Program shall be entertained.
The offer under this Program cannot be clubbed with any other offer.
At the Company's request, Participants must participate in all promotional activity (such as publicity and photography) surrounding the participation in Program and/or winning of the Prize, free of charge, and they consent to the Company (without any obligation but having the right to) using their name, likeness, image and/or voice (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 Program (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Company.
Company shall not be liable for any printing or typographical errors in any materials associated with the Program, injury or damage in connection with the Program.
In case a Participant does not receive the Prize from the retail outlet at the time of purchase of Product and provided that such Participant is in compliance with all other terms and conditions of the Program, and he/she files a complaint for the same or approaches the Company with this complaint, the Company’s liability would be limited to providing the complainant with a Prize of Company’s choice, subject to the receipt of such complaint before the end of Program Period. The complainant cannot demand any monetary or other compensation for the same. In no event shall the maximum liability of the Company exceed the value of the Prize towards each such complainant as determined by the Company. Company shall have the right to seek proof of purchase of Product packs worth the minimum eligibility as per these terms from the complainants before providing the alternate Prize.
The Company or their agencies are not required to entertain/respond to/comply with any communication/request/claim requiring the Company to provide any proof to any Participant or any other party, with respect to details of other Participants, Program availed by other Participants etc. Such information will be strictly confidential and shall not be shared with any Participant or any other third party, except as considered necessary in the sole discretion of the Company.
Decision of Company will be final and binding with regard to the Program and Prize and no correspondence will be entertained in this regard.
The Prize is personal to Participants and is not transferrable and cannot be sold/endorsed to any other person or entity under any circumstances.
Company reserves its right to amend/ withdraw/ discontinue/cancel and modify the Program and its terms and conditions at any time without any prior notice and assigning any reasons whatsoever. Participants unconditionally agree to all such amendments/decisions.
Liability of Company is limited to offering the Prize to the Participants, subject to their compliance with these terms and conditions to avail the Prize.
28. Participation by any person in the Program is purely voluntary on his/her part and by participation he/she is deemed to have accepted to and abide by these terms and conditions.
Charges and expenses borne by any Participant for participating in the Program, for example, purchase of Product, travelling etc. shall not be claimed from the Company and the Participant shall continue to be liable for them.
In the event of a death of a Participant, no claim from his/her nominees or legal heirs will be entertained for availing the benefits under this Program.
In case the Participant wishes to contact the Company for any reason whatsoever, the contact should be made only with the consumer relations department of the Company. Any attempt to contact any officer of the Company or any of the Company’s agencies/its personnel would not be entertained and could lead to the claim of the Participant being rejected.
If for any reason this Program is not capable of running as planned because of unauthorized intervention, technical failures or any other causes beyond the reasonable control of the Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, the Company reserves the right in its sole discretion to cancel, terminate, modify or suspend the Program.
Company shall not be liable for Program not availed, or loss of Product pack/Product label/invoice/scratch card.
By participating in the Program, Participants agree to be bound by these terms and conditions and waive their right to claim any ambiguity in these terms & conditions. Participants/Winners agree to release, discharge, indemnify and hold harmless Company, and its directors, officers, employees and agents, from and against any loss, claims, damages or liability resulting in whole or in part, directly or indirectly, from acceptance and/or participation in the Program and decision of Company shall be final and binding on the Participant/Winner.
The Company accepts no responsibility for any tax implications, registration charges, insurance charges and / or any further cost implications that may be applicable for the redemption of the Prize. Participants will have to bear incidental costs, if any, that may arise for redemption of the Prize (collectively or individually). All taxes/levies and charges on Prize will be the responsibility of the winners.
Company shall not be responsible for any loss, injury or any other liability arising out of the Program or due to participation by any person in the Program and shall not be liable to pay any amount as compensation or otherwise for any such loss.
Company shall not be liable for any loss or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
The Company shall be at liberty to use the photographs, voice, motion pictures of the Participants for media coverage, advertisement or publicity in any form which is existing today or will be known anytime in the future without any further consideration to the Participants/winners.
Decision of the Company will be final and binding with regard to benefits / promotion / discounts / and no correspondence will be entertained in this regard.
Company reserves the right to change the Program without giving any prior notice of the same.
In case of the Participant is a minor, consent of the parents/guardian of the minor will be required for participation.
Nothing in the Program or in the advertising/promotional material relating to the Program shall be deemed to be a permission to use or claim any right or interest in the respective intellectual property rights of the Company.
The submission of false, incorrect, misleading or fraudulent documentation/ information may result in disqualification from this Program by the Company. It may further attract legal action as deemed fit by the Company.
Company shall not be liable for any complaints regarding the quality of the products/merchandise received as the Prize. The manufacturer will continue to be liable for their products. The Company would be discharged of its obligations after the Participant has received the scratch card from the outlet and the Prize has been offered to the eligible winners. All complaints related to guarantee/warranty/defects/merchantability/price/service of the products/services provided as a part of the Prize shall be directly taken up with the product manufacturer/service provider. The Company makes no representation or warranty of any kind, either express or implied, with respect to any products/ services purchased/availed by the Prize winners. Such winners hereby agree that such products/services are purchased/availed “as is” without any warranty, including warranties of merchantability or fitness for a particular purpose.
Any data of the Participants/winners that may be collected under the Program shall be subject to the Privacy Policy of the Company provided at https://www.pepsicoindia.co.in/legal/privacy.
The Participants agree to indemnify and hold harmless Company 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 Program.
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, Company hereby exclude and shall not have any liability to any Participant or winner in connection with or arising out of this Program howsoever caused, including for any costs, expenses, forfeited Prize, damages and other liabilities.
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 Program howsoever caused, including for any costs, expenses, forfeited Prize, damages and other liabilities. Company 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 Program (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 Program.
Company shall not be liable for any loss of Prize/opportunity/benefits due to incorrect information provided by the Participants.
All disputes related to this Program shall be subject to the exclusive jurisdiction of Courts at Gurugram (Haryana) only.
By participating in this Program, it is assumed that the Participant has read the terms and conditions and shall be held responsible in case of violation of the same.
