Pepsi

Terms and Conditions (T&Cs)

The Gatorade and Mountain Dew® Canter Promotion ('Promo') is being organized by PepsiCo India Holdings Private Limited (“Organizer”) in association with TLG India Pvt. Ltd. through its division ‘Digitas’ (“Organizing Partner”).
The Promo is applicable on Gatorade and Mountain Dew sold through the Canter/Kiosk at specified location (‘Product’).
The Promo is valid from 20 May 2024 (‘Effective Date’) to 20 July 2024 or till the Product stocks last, whichever is earlier (‘Promo Period’).
The Organizer may in its absolute discretion curtail or extend the Promo Period, as it deems necessary without any liability whatsoever and no communication in this regard will be entertained. The Promo may be withdrawn or modified by the Organizer at any time, without any intimation or liability to a third party.
Promo is applicable on Product sold in the Territory, for Indian citizens above 18 (Eighteen) years of age (‘Participant’) except resident(s) of Tamil Nadu having a valid phone no., WhatsApp account and a smart phone with camera capable to scan the QR code. The Promo is not open to (a) the employees of Organizer or Organizing Partner, (b) their respective family members, (c) Organizer’s or Organizing Partner’s associate companies, bottlers, JV partners, co-packers, distributors, agents, advertising and Promotional agencies and auditors, (d) persons who are not "competent to contract" within the meaning of the Indian Contract Act, 1872.
By participating in this Promo, a Participant unconditionally and irrevocably accepts and agrees they have read and understood the T&C’s and agree to be bound by all these T&C’s as stated herein.
The terms of use, privacy policy including any modifications, alterations or updates thereof, that are published on the Promo Platform (as defined below), any other websites/mobile apps required to be used by the Participants for participating in this Promo shall be applicable to the Participants. Participants shall read the said terms and policies carefully before accessing the said third party websites/apps. Organizing Partner shall be solely liable for implementing and complying with the said policies.
Data Privacy
1. Participation in the Promo shall be strictly subject to Participant’s acceptance of the Privacy Notice/Policy of the Organizer available at https://pepgenie.com/
2. By accepting to the Terms and Conditions you hereby acknowledge, agree and confirm that the Organizer and Organizing Partner shall have the authority to Process* and commercially utilize your information for marketing purposes which shall include your name, phone no., residential address and location details (‘Data’).
3. All personal information of the Participants will be Processed* (as defined below) in accordance with the applicable data protection laws and shall be subject to Privacy Policy available at https://pepgenie.com/ and shall be processed by Organizer/Organizing Partner. By entering into this Promo, participants acknowledge and understand that: (a) it is mandatory for all participants to provide their personal information in order to participate in this Promo failing which the participants will not be able to enter into the Promo; (b) the participants’ personal information shall be used for the purposes of processing their entry into this Promo, marketing purposes and additional purposes as detailed in Organizer Privacy Policy. The additional personal information of the potential winners shall be used to verify the details and identity of the potential winners and to deliver the prize or arrange for collection of the prize if they are declared official winners; (c) The Organizers and its affiliates (including Organizer/Organizing Partner, subsidiaries, its bottlers and joint ventures) may contact the participants via email, SMS, social media platforms and through other platforms to deliver marketing communications regarding their products and promotional activities, subject to the participant’s prior consent and in accordance with the provisions of applicable laws/policies (d) they hereby consent to Organizer/Organizing Partner transferring the participants’ personal information outside the republic of India, if required. Any data transfers to countries that do not offer an adequate level of protection are subject to appropriate safeguards in accordance with the applicable laws, to guarantee that participants’ personal information is adequately protected, including standards.iii. All personal information of the Participants will be Processed* (as defined below) in accordance with the applicable data protection laws and shall be subject to Privacy Policy available at and shall be processed by Organizer/Organizing Partner. By entering into this Promo, participants acknowledge and understand that: (a) it is mandatory for all participants to provide their personal information in order to participate in this Promo failing which the participants will not be able to enter into the Promo; (b) the participants’ personal information shall be used for the purposes of processing their entry into this Promo, marketing purposes and additional purposes as detailed in Organizer Privacy Policy. The additional personal information of the potential winners shall be used to verify the details and identity of the potential winners and to deliver the prize or arrange for collection of the prize if they are declared official winners; (c) The Organizers and its affiliates (including Organizer/Organizing Partner, subsidiaries, its bottlers and joint ventures) may contact the participants via email, SMS, social media platforms and through other platforms to deliver marketing communications regarding their products and promotional activities, subject to the participant’s prior consent and in accordance with the provisions of applicable laws/policies (d) they hereby consent to Organizer/Organizing Partner transferring the participants’ personal information outside the republic of India, if required. Any data transfers to countries that do not offer an adequate level of protection are subject to appropriate safeguards in accordance with the applicable laws, to guarantee that participants’ personal information is adequately protected, including standards.
  
  *Process or Processed or Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including: (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of information.
Details of Canter Promo:
- Organizer through its Organizing Partner is conducting an on-ground marketing activity based out of canters at selection location(s).
- 2 (Two) QRs are placed at the canter, each one for Gatorade & Mountain Dew. Participant has to scan the QR code on the Canter using their phone's QR code Scanner.
- Participant will be directed to WhatsApp Bot “Pep Genie” with a journey initiation message. Participant is required to not change anything on the message format / message before sending it.
- Once the message is sent, the bot will get activated, Follow the instructions of the bot.
- The message needs to be shown at the kiosk/canter where the QR code is scanned to redeem the offer
Organizer shall not be responsible for failure of Organizing Partner (including its vendors) or redemption of the Offer by the Participants or any downtime on the services, caused due to technical or other factors attributable at the end of Organizing Partner that may occur for reasons including but not limited to failure of hardware equipment, configuration issue, decisions, change in marketing plans and / or changes in regulations that are carried out by any judicial or quasi-judicial or regulatory body.
Participant agrees that participation in this Promo is at his/her sole risk. The Organizer/ Organizing Partner and its respective 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.
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 cash reward service provider on usage of its vouchers and third-party service provider for usage of their websites, microsites, applications.
Organizer shall not be responsible for failure of Organizing Partner (including its vendors) or redemption of the Offer by the Participants or any downtime on the services, caused due to technical or other factors attributable at the end of Organizing Partner that may occur for reasons including but not limited to failure of hardware equipment, configuration issue, decisions, change in marketing plans and / or changes in regulations that are carried out by any judicial or quasi-judicial or regulatory body.
Participant agrees that participation in this Promo is at his/her sole risk. The Organizer/ Organizing Partner and its respective 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.
No requests for transfer or assignment of the Offer shall be entertained.
The decision of Organizer shall be final with respect to all matters relating to this Promo and the benefits provided under this Promo and shall not be subject to review or appeal by any consumer or by any third party.
The authorized subscriber of the mobile number used to enter the Promo at the actual time of entry will be deemed to be the Participant and must comply with these terms & conditions in the event of a dispute as to entries submitted by multiple users claiming to have the same number.
Organizer/Organizing Partner shall not be liable for:
1. Any incorrect, incomplete or inaccurate information, whether caused by users, or by any equipment or programming associated with or utilized in this Promo and assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with Promo Platform/servers/telecom networks/other platforms used in this Promo.
2. Organizer or any of its employees, directors are in no way liable for Offer in any manner whatsoever.

General Terms and Conditions:

The Organizer or their agencies are not required to entertain/respond to/comply with any communication/request/claim requiring the Organizer/ Organizing Partner to provide any proof to any Participant or any other party, with respect to details of other Participants, Promo 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 Organizer
The Organizer/ Organizing Partner make no representation or warranty of any kind, either express or implied, with respect to the Promo .
Organizer reserves the right to cancel, modify, extend or withdraw the Promo at its sole and absolute discretion. Organizer reserves the right to modify the terms and conditions without any prior notice.
Charges and expenses borne by any Participant for participating in the Promo, for example, payment of SMS charges for participation, internet charges for participation shall not be claimed from the Organizer/ Organizing Partner and the Participant shall continue to be liable for them.
The decision of the Organizer will be final and binding with regard to Promo and no correspondence will be entertained in this regard.
As a condition of availing the Promo, Participants may be required to sign any legal documentation as, and in the form, required by the Organizer in its absolute discretion, including but not limited to a legal release and indemnity form.
Offer is not transferable and no cash payment in lieu of the Offer will be made.
In case the Participant wishes to contact the Organizer for any reason whatsoever, the contact should be made only with the consumer relations department of the Organizer. Any attempt to contact any officer of the Organizer or any of the Organizer’s agencies/its personnel would not be entertained and could lead to the claim of the Participant being rejected.
Other than the costs expressly and unconditionally agreed herein to be borne by the Organizer/Organizing Partner, Participants will have to bear incidental costs, if any, that may arise from participation in this Promo redemption of Offer.
Organizer shall not be responsible for any loss, injury or any other liability arising out of the Promo.
Organizer/ Organizing Partner shall not be liable for any loss or damage due to Act of God, Governmental actions, pandemics, epidemics, health emergency, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
The Organizer/Organizing Partner is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to entrant's or any other person's mobile handset or computer related to, or resulting from, participation in this Promo or the downloading of any materials related to this Promo.
If this Promo is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organizer/Organizing Partner, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer/Organizing Partner reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to invalidate any customer; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promo, as appropriate.
If for any reason this Promo is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond the reasonable control of the Organizer/Organizing Partner which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promo, the Organizer/Organizing Partner reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promo, subject to any written directions made under applicable State or Territory legislation.
Caution: Any attempt to deliberately damage the Promo platform or the information on the Promo platform, to cause malicious damage or interference with the normal functioning of the platform, or to otherwise undermine the legitimate operation of this Promo may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Organizer/ Organizing Partner reserves the right to seek damages to the fullest extent permitted by law. If the Organizer/Organizing Partner suffers loss or incurs any costs in connection with any breach of these Terms or any other legal obligation by a Participant, the Participant agrees to indemnify the Organizer/Organizing Partner for those losses, damages, and costs.
The Participant shall comply with these terms and conditions and waives any right to claim ambiguity in these terms and conditions and release, indemnify and hold harmless Organizer/Organizing Partner and their respective affiliates, advertising and Promo agencies, and their respective owners, agents, auditors, representatives, officers, directors and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind relating to, resulting from or arising from this Promo or any product/service provided in connection therewith.
Organizer assumes no liability or responsibility for:
- Any errors, omissions or inaccuracies of content or Entry/ies or Participant’s personal details.
- Personal injury or property damage of any nature resulting from Participant’s access to, Participant’s exposure to or Participant’s participation in the Promo.
The submission of false, incorrect, misleading or fraudulent documentation/ information may result in disqualification from this Promo by the Organizer/Organizing Partner. It may further attract legal action as deemed fit by the Organizer/Organizing Partner.
All right, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s), or other materials created during or for the Promo, shall vest solely and exclusively with Organizer at all times. Organizer may use such material in any medium for any purpose in any reasonable manner it sees fit, without any permission and or payment to the Participant. Copyright in any such material remains the sole property of Organizer.
Participants shall all times comply with applicable law, rules, regulations and bye laws.
No queries/ clarifications/ suggestions/ communication etc. shall be entertained on operation/selection process, which would be entirely in the discretion of the Organizer/Organizing Partner.
Participants confirm that the Organizer and its allied partners shall not be responsible for any direct or indirect or consequential loss, injury, death, disability or any other liability arising out of my participation in the Promo.
Participant shall, at the organizer's request, participate in all promotional activity (such as publicity and photography) surrounding the Promo, free of charge, and Participant consent that the Organizer shall have unfettered right to use my name, likeness, image, videos and/or voice (including photograph, film and/or recording of the same) in promotional material or in any media for perpetuity without remuneration for the purpose of promoting the Campaign (including any outcome), and promoting any products marketed or manufactured or distributed and/or supplied by or on behalf of the Organizer.
Organizer 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 your access to, your exposure to or your participation in this Promo. (iii) Any unauthorized access to or use of our/third party’s 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 Promo.
All disputes relating to this Promo shall be subject to the exclusive jurisdiction of Courts at Gurugram, Haryana only.

Privacy Notice

This Privacy Notice is provided by PepsiCo India Holdings Pvt Ltd (“PepsiCo”, “us”, “we”, or “our”. When we say “we” this may also include other PepsiCo companies, our affiliates and our trusted partners who provide services to us. These include: our technology providers; social media partners; and advertising partners).

At PepsiCo we value the personal data you share with us, so we have designed a Privacy Notice that helps set out how we collect, use and share your personal data (as defined in terms of applicable laws) when you interact with us on our websites, mobile sites, applications (collectively, the “Sites”) and as per the Schedule I. We encourage you to read this Privacy Notice before using the Sites. Your use of the Sites indicates to us that you understand how we process your personal data as set out in this Privacy Notice.

How we collect and storeyour data?

We collect your data:

when you interact with us and purchase our products and services.
when you visit and/or register on our Sites and, for example, join our loyalty programs / consumer promotions;
when you sign up for our email newsletters and other notifications
when you participate in promotional campaigns;
when you fill out a survey;
when you visit our Sites through the use of cookies and similar technology;
We may also generate dataabout you by combining information that we and other PepsiCo companies have collected about you through the use of cookies and similar technologywhen you access our Sites.

The categories of data we may collect from you includes:

biographical data (forexample, address, email address, date of birth, first name, last name, and contact number);
financial data (for example, financial history, credit card details, bank details);
data relating to your use ofthe Sites (for example, domain name, IP address and cookies);
any data you independently choose to provide to us (for example, if you send us an email or call us).

What we use your data for?

We use your data:

to provide you with the right products and services;
to develop well targeted offers and products that are of interest to you;
to manage our relationshipwith you;
to fulfil our legal,contractual and otherobligations with you or our authorised partners;
to better understand how you use our products and services;
to view trends in ourproduct offerings;
provide personalized advertising to you on third party websites (this may involve us aggregating yourpersonal data with the dataof others);
to respond to yourquestions and/or enable you to participate in our promotional campaigns;
to send you marketingmaterial which you have consented to;
to learn how useful our marketing is and enable us make it better; and
manage our business,including exercising our legal rights.

Some of your personal data is necessary so that we can supply you with our products and services you havepurchased or requested, and to authenticate you so that weknow it is you and notsomeone else. You can choosenot to provide certaininformation, but then you might not be able to take advantage of some our products and services offered on our Sites.

On what basis do we useyour data?

We use your personal data onthe following bases where applicable in line with data protection laws:

for our legitimate interests. Using your personal data helps us to operate, improve and minimize any disruption to the products, goods and services that we may offer you. We also have a legitimate interest in sending you information on the products, services and offerings we believe will be of interest to you;
because the data is necessary for the performance of a contract with you or to take steps atyour request to enter into a contract;
because you have given your consent (if we expressly ask for consent to process your personal data, for a specific purpose); and
to comply with legal and regulatory obligations.

Who we share your datawith?

We share your data with:

other PepsiCo international companies. This includes current and future PepsiCo NC. subsidiaries, franchisees, affiliates, and joint venture partners across geographical borders. For a list of PepsiCo brands, visithttps://www.pepsico.com/ brands/product- information;
third parties who help us to provide services to you or who act for us. For example, companies who manage and operate our Sites or help run our promotional campaigns;
third parties who you consent to us sharing your personal data with;
local or overseas law enforcement agencies,industry bodies, regulators and/or tax authorities;
any third party to whom wemay transfer our business so it can evaluate our business and use yourpersonal data after any transfer;
social media advertisingpartners (who can check if you hold a relationship with us and send our adverts to you and advertise to people who have a similar profile toyou);
We may also share your anonymized data with other
third parties. If we do this, you will not be identifiable from this data.

If you provide data aboutothers?

If you provide personal data to us about another person please ensure you refer them to this Privacy Notice so they know how we collect, use and share their data. By sharing personal data with us about another person, you warrant and confirm that you have obtained the necessary consent from the relevant person before sharing their data with us and/or the sharing of their data complies with applicable laws.

Countries to which we transfer your personal data

The information you submit or otherwise provide to us may be transferred, stored and hosted outside the country from which you may be accessing the Sites. Where these transmissions take place, we will implement appropriate measures (such as entering into written contracts with the third party) to ensure that your personal data remains protected and secure when itis transferred outside your home country and you can exercise your rights effectively.

How long do we keep yourdata for?

We will retain your personal data for as long as necessary to achieve the purpose for which it was collected or subsequently processed.
Your personal data may be held by us for longer periods where retention is: (a) authorized by law; (b) pursuant to a contract we have with you; (c) with your consent; and (d) required for our legitimate business activities.
We may also store your data locally or overseas, including in the cloud. We apply our data standards and policies wherever your data is stored.

Where can you access and update your data?

You can request access to your personal data we store about you and where necessary ask us to update or rectify the data we have collected [by contacting us at[amesasupport@pepsico.com ].
In the limited circumstances where the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. To withdraw your consent,[contact us at
amesasupport@pepsico.com and/or other relevant method].
Where you withdraw or object to the processing of your data, we may be unable to offer any products and/or services.

You control your marketing preferences

You can contact us byfollowing the instructions in any promotional emailmessage you get from us to update or change marketingpreferences. This can include opting out of receiving any future marketing advertisements.

Children's Privacy

It is not our intention to collect personal data of individuals who are minors asper local laws. If you are a parent or legal guardian of a child that is a minor as per the laws of your country and you think that your child has given us data, you can contact us atamesasupport@pepsico.com

Updates to this Privacy Notice

From time to time, we may change this Privacy Notice. When we do, we will notify you of any material changes required by law. This will include posting an updated Privacy Notice on our Sites. Please check periodically for updates to ensure you understand how we collect and use your data.

Hyperlinks

Our Sites may provide links to third party websites for your convenience. If you access those links, you leave our website. We do not control those websites or their privacy practices, which may differ from ours. We do not endorse or make any representations about third-party websites. This Privacy Notice does not cover the personal data you choose to give to unrelated third parties. We encourage you to review the privacy notice of any company before submitting your personal data. Some third-party companies may choose to share their personal data with us; that sharing is governed by that third-party company’s privacy notice.

Contact Us

If you have any questions about this Privacy Notice, you can contact us at [amesasupport@pepsico.co m].
If you feel that we do not comply with applicable data protection and privacy rules, you may lodge a complaint with a competent data protection authority.

Schedule I

Country-Specific Privacy Notice Requirements

India

If you reside in India, the following information applies to the personal data that we process about you:

The term “Sites” applies to the following methods and means that we use to collect your personal data:
1. websites, mobile sites, applications operated by us or otherwise under our authorization
2. courier;
3. social media pages;
4. text or electronic messages;
5. customer help portals;
6. advertisements;
7. your email correspondence with PepsiCo; and
8. your interactions with PepsiCo during in-person meetings at PepsiCo facilities or at PepsiCo events and/or in the context of other online or offline sales and marketing activities conducted by PepsiCo.

You may lodge a complaint in respect of this Privacy Notice or any of our personal data processing with our grievance officer. Please contact amesasupport@pepsico.com