Following are the terms and conditions for participation by consumers in the "Horlicks Oats” WIN 8 gm Gold EVERY WEEK Contest campaign (the “Campaign”) brought to you by GlaxoSmithKline Consumer Healthcare LTD. ("GSK"), for promotion of the brand Horlicks Oats
By entering the Competition and / or accepting any prize, all entrants and winners agree to be bound by the terms and conditions below (“Rules”).
Terms and Conditions
1. These terms and conditions are applicable for the "Horlicks Oats WIN 8 gm GOLD EVERY WEEK CONTEST" which will be applicable during the term of the offer (hereinafter referred as "Campaign Period"). Validity of the offer will starts from 12 Midnight IST on 20th August, 2016 and expires on 31st October, 2016 at 11.59 pm. No requests to participate in the offer will be entertained post the expiry of the offer.
2. The Campaign is open to callers who are users of mobile* phone connections located in the state of Kerala in India *(each a “Consumer”).
3. To avail this offer and participate in the Campaign, a Consumer, upon purchasing PROMO PACK OF HORLICKS OATS 1.4 kg must open the product pack and or wrapper, locate the unique code printed inside, and SMS the unique code to 9246033355;” . By sending the SMS with unique code to 9246033355, the Consumer expressly opts to participate in the Campaign and to receive a call back (an”Interactive Voice Response” or “IVRS”) from GSK’s service provider. IVRS automated calls enable consumers to respond a call-back via voice input or keypad selection.
Upon receiving a call-back, the Consumer will be requested to follow instructions for participating in a brief Consumer survey or profiling session. Every Consumer who enters a unique code from a mobile will stand a chance to win 8 gm gold per week through the draw of lots.
"Horlicks Oats WIN 8 gm GOLD EVERY WEEK CONTEST" will be confirmed via SMS confirmation to the Consumer. Each unique product code is valid for one Campaign entry only.
4. In respect of each unique Horlicks Oats Product code, after the code is SMSed to 9246033355, the consumer will enter the draw of lots and 1 winner will be announced every week, who will win 8 gm of Gold. GSK shall have no further obligations to the participating Consumer.
5. Participation in this Campaign is free, voluntary and at the sole discretion of the Consumer. By participating in this Campaign, the consumer fully and unconditionally agrees to and accepts these Terms and Conditions as well as the decisions of GSK which are final and binding in all matters related to the Campaign.
7. GSK cannot guarantee connectivity via the mobile network of the telecoms service provider subscribed to by the consumer. Accordingly, GSK shall not be responsible or liable for any inability of, or failure by, the Consumer to connect to the number provided. The mobile service availed by the consumer is the sole provider of the mobile network.
8. Inability to connect to "Horlicks Oats WIN 8 gm GOLD EVERY WEEK CONTEST" numbers may be due to various reasons including but not limited to network congestion, consumer being outside coverage area, network unavailability, third party dependency, or entering an incorrect code, etc.
9. GSK shall not be responsible for misdirected calls or loss of calls while entering the response during the IVRS call. Proof of calling is not proof of receipt of the call.
10. The IVRS instruction shall be in respective local language of various telecom circles where campaign is being run & in English. Consumers will be requested to select a language option.
11. GSK reserves the right to alter, modify or change any terms and conditions herein or modify/change, discontinue, terminate, withdraw the Campaign at any time during the Campaign Period at its sole discretion without prior notice or assigning any reason.
12. Dispute resolution: These terms and conditions shall be deemed to have been entered upon in Gurgaon, and the Courts of Gurgaon shall have the exclusive jurisdiction over any disputes arising out of these terms and conditions.
13. During the Campaign Period, Consumers may participate multiple times in the Campaign i.e. each time the Consumer purchases PROMO PACK HORLICKS OATS OF 1.4 kg. In case of invalid code entry, maximum number of invalid entries allowed are 3, having 3 attempts in each entry i.e. 9 in entire campaign period. Each unique code number shall be included in the draw of lots only once during the campaign period.
14. GSK, their service provider and their affiliated partners may contact Campaign participating Consumers regarding other products in the future. By participating in the campaign, the Consumer agrees to grant GSK the right to contact the Consumer in the future about any product, promotion, offer, survey or such other activity for GSK or any of its brands. In the event the participating consumer does not want to be contacted then the participating consumer will be given an option to opt out and the participating consumer should Opt for it.
15. This offer is applicable across all telecom providers operating in Indian state of Kerala*.
16. The Campaign is applicable only for consumers with pre-paid and post-paid* mobile numbers in above states and not landlines or fixed lines phone numbers.
17. The Campaign starts 12 Midnight IST on 20th August 2016 and ends on 31st October, 2016 at 11:59 PM IST (campaign period).
18. In case of any issues, consumers can call the GSK toll free no. 0008 0044 20168
19. GSK and/or its designated agencies, their directors, members, partners, employees, agents or consultants and their spouses, life partners, parents, children, siblings, business partners or associates are not eligible to participate in or enter the Competition.
20. GSK does not accept responsibility for entries lost, corrupted or delayed as a result of any network, hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
21. No entries from agents, third parties, organised groups or applications automatically generated by computer will be accepted.
"Horlicks Oats WIN 8 gm GOLD EVERY WEEK CONTEST"
Contest Details, Concept and Participation
1. These terms and conditions apply to the "Horlicks Oats WIN 8 gm GOLD EVERY WEEK CONTEST" for the consumers (hereinafter referred to as “Contest”).
2. This Contest gives the Consumer a chance to win, 8 gm of gold every week based on the draw of lots.
3. The Contest is valid only for Indian residents across state of Kerala above 18 years of age.
4. Winners will be selected based on the draw of lots held every week.
5. The Contest is subject to all applicable central, state and local laws and regulations.
Agreement to Terms and Conditions
6. GSK, reserves the right to exclude any person from the Contest on grounds of misconduct or criminal record.
7. All decisions of GSK, in respect of the Contest and the prizes therein will be final and binding.
8. Only Indian residents above the age of 18 are eligible to participate in this Contest.
9. In order to be eligible for the daily prizes, all Consumers will be required to have valid address proof, identity proof, PAN Card and the Select 1.4 kg Horlicks Oats pack with the unique code used by the Consumer for participating in the Contest.
10. If the Consumer is shortlisted, the Consumer will have to submit the PROMO PACK Horlicks Oats 1.4 kg, with the unique code, used by the Consumer to register for the contest without which the Consumer will be disqualified from the contest.
11. GSK, will not be responsible for any NDNC (National Do Not Call) Registry regulation that will come into play. All Consumers who participate agree, acknowledge and accept as per the terms and conditions that even if they are registered under NDNC, DND (Do Not Disturb), GSK, will have all the authority to call the Consumers and SMS the Consumers by virtue of them having voluntarily participated in the Contest.
Contest Period & Contest Timings & SKUs
12. The Campaign starts 12 Midnight IST on 20th August, 2016 and ends on 31st October, 2016 at 11:59 PM IST.
13. The Contest Period ends on 31st October 2016 as stated above.
14. Entries received after the Contest Period will not be considered.
15. The Participants can submit Entries at any time during the Contest Period but the weekly selection of 1 Winner will consider the Entries received during the previous 7 Days only.
16. Time of participation will be defined as the time at which the entry is received through the ‘SMS’.
17. The Contest shall run on all Horlicks Oats 1.4 kg packs with Contest flash on the packs.
18. GSK, reserves the right to amend the Contest Period and/or contest timing without giving any further notice. The decision of GSK, on the Contest shall be final and binding and no communication in this regard shall be entertained.
19. Weekly Prizes – 1 Winners will be chosen every week from the valid entries received during the Contest Timings (as stated in clause 2). Winners will be chosen by GSK, partner agency based on the draw of lots.
20. Each participant will get a chance to win 8 gm of Gold for one entry. Multiple entries with the same code will not be considered.
21. There is no warranty or assurance as to the merchantability or fitness of the prizes to be given. Any issues with any of the prizes are to be taken up directly with the manufacturer.
22. The selected winner will be announced and contacted by GSK.
23. The Prize cannot be transferred, exchanged or redeemed for cash. In the event that the winner does not take the prize in the time and manner stipulated, then the prize will be forfeited by GSK, Money will not be awarded in lieu of the prizes. Prizes must be taken as offered and cannot be varied. Any unused prize is not-transferable, non-refundable and non-redeemable for other goods or services.
24. GSK, shall provide the prize on an “as-is basis" and without any warranty or guarantee concerning the quality or suitability and GSK, and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any service/product or for any kind of consequential damage/ loss, in any manner whatsoever. If any Participant has any grievance with respect to the prize, he/she may directly contact the manufacturer.
25. The image of the prize depicted on the pack/press ads/posters/TV Advertisements /pack shots etc. are for illustrative purposes only and the actual prize/ look of the prize may vary from the depiction made.
26. Decision of GSK, on any matter relating to this Contest will be final and binding.
27. Once the Participant is shortlisted, GSK, or an organiser appointed by GSK, shall contact each shortlisted Participant on the number from which the campaign entry was made or unique code was entered and SMSed to 9246033355. The shortlisted Participants will be contacted within four weeks from the time of winner selection.
28. In the event the shortlisted Participant’s number is busy, unreachable, or he/she does not attend the call, two (2) more attempts will be made to reach the Participant on that day and/or the next day. If even on the third attempt, the Participant does not attend the call, or is unreachable, the Participant’s participation in the Contest comes to an end and the Participant’s entry stands cancelled and Participant becomes ineligible to receive the prize. In such an event, another Participant will be shortlisted by another draw of lots.
29. The shortlisted Participant will have to provide a copy of his address proof or personal identification, copy of his/her PAN Card or his/her family members’ PAN Card along with the PROMO PACK OF HORLICKS OATS 1.4 kg with the Unique code used by the Participant for entering in the Contest (hereinafter “PROMO PACK OF HORLICKS OATS 1.4 kg”).
30. No prize will be awarded if the information provided by the Participant at the time of entering the Contest is not factually correct. The prize will be handed over to the winner only after the above mentioned formalities are fulfilled.
Stipulations of the courier service –
31. Prizes will be dispatched to the winners via Courier, whilst carrying the prize for the shortlisted Participant; the courier will carry an acknowledgement receipt (POD).
32. The courier shall require the shortlisted Participant to sign the acknowledgement receipt (POD) as a proof of receipt of the prize, without which the prize will not be handed over to the winner.
33. The courier shall collect the signed POD, a self-attested Photo ID, PAN Card and the PROMO PACK OF HORLICKS OATS 1.4 kg Pack from the shortlisted Participant.
34. If the shortlisted Participant or the family member of such Participant present at the address does not cooperate as per the requirements mentioned herein with the courier, the prize will not be given to the shortlisted Participant and the prize will stand forfeited.
35. The prize will be given to the authorized family member of the winner on submission of the documents mentioned in clause 33 along with a proof of letter of authorization from the winner in favour of the family member (in the event the winner is not available at the designated address).
36. If the shortlisted Participant is not available at the given address, the courier will make 2 more attempts to collect the documents and deliver the prize. If still unsuccessful, the courier shall make no further attempts to deliver the prize. In such an event, the shortlisted Participant will be informed of the place from where he has to pick up the prize and he shall be responsible for the same. The Participant agrees to bear all costs and expenses in relation to collection of prize.
37. If the Participant fails to pick up the prize from the designated place within a week of informing him / her, the prize will not be given to such Participant and the prize will stand forfeited. The prize will be handed over to the Participant only if he fulfils all the conditions mentioned in clauses 32 to 36.
38. If the address is unserviceable, then the shortlisted Participant will be required to travel to the nearest courier hub to collect the prize. The Participant shall bear all the costs involved to reach the courier hub to collect the prize.
39. GSK, shall not be liable for any loss to the Participant/Winner arising due to the Participant furnishing incorrect/invalid or failing to furnish address or number or any other information.
40. GSK, shall not be responsible if the shortlisted Participant is unavailable at such addresses provided by the said winner and/or if the prize does not reach them.
41. GSK, shall not be liable for incorrectly addressed or undelivered prizes or for disruption, delay or non-receipt of prizes due to postal/courier delays or any other reason.
42. GSK, shall not be responsible for any loss, injury, cost or any other liability arising out of this contest or out of accepting or using any prize received under this contest.
43. The Participant/Winner undertakes and irrevocably and unconditionally permits GSK, to cover the Contest through various media including newspapers, radio television news channels, internet, point of sale materials, etc., and shall not raise any objection, protest or demur to such coverage or in this regard.
44. At the request of GSK, Participants shall participate in all activities relating to the Contest surrounding the winning of the prize, free of charge including participating in any photography/videography session, interviews etc., and they consent to GSK, using their name and image in promotional material.
45. 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 GSK, at all times. GSK, or any person or entity permitted by GSK, in this regard shall be entitled to use the responses received or 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.
46. All material submitted in connection with the Contest (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 GSK, upon submission and become the property of GSK, exclusively. GSK, may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of GSK.
47. By entering into the contest, 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 into the Contest the Participant warrants that all information provided by Participant regarding Participant’s name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
48. The decision of GSK, as regards the selection of winners and distribution of the prizes shall be final, subject only to GSK’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
49. Subject to Clause 48, all the disputes/complaints/queries, if any, shall be entertained only within three months of the campaign getting over. Any Participant coming to GSK, with any disputes/complaints/queries three months after the campaign is over shall not be considered for resolution.
50. Nothing contained herein amounts to a commitment or representation by GSK, to conduct further Contests.
51. The decision of GSK, shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between any Participant and GSK, and the Participant shall not have the authority to bind GSK, in any manner whatsoever.
52. GSK, or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents and / or photocopies of PROMO PACK OF HORLICKS OATS 1.4 kg etc.
53. GSK, or its agencies shall not be liable to perform any of its/their respective obligations under the Contest or in respect of the prize where it is unable to do so as a result of circumstances beyond its/their control in the nature of fire, explosions, natural calamities, state emergency, riots, or any other Force Majeure condition, etc., and shall not be liable to compensate the Participant in these circumstances. GSK, shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Contest due to any government restrictions. GSK, or its agencies shall not be liable for any loss or damage of the prize due to Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever for such losses.
54. 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 GSK.
55. If a Participant is dissatisfied with the Contest or the Contest rules and/or any content or any requirements of the Contest form, the materials available related thereto, or with these terms and conditions, it is in his/her sole and exclusive discretion to not participate in the Contest.
Release and Limitations of Liability
56. GSK, 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 or any costs incurred, as a result of acceptance of any prize.
57. By entering the Contest, the Participant hereby releases from and agrees to indemnify GSK, and/ or any of its respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the prize or participation in the Contest 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.
58. GSK, accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, or third parties in relation to the prizes.
59. The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Contest by conducting an illegal act. Participant also undertakes to indemnify GSK, 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 GSK, on account of such act on the part of the Participant.
60. In consideration of GSK, 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 GSK, 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 of the Contest.
61. The courts of competent jurisdiction at Gurgaon shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Contest. Participation in the Contest is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including (without limitation) this clause.
62. Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participants and/or GSK, and/or Partners of this Contest, shall be governed and construed in accordance with the laws of the India.