TERMS AND CONDITIONS
1. The “Lay’s Kholo Ranbir se
Milo” contest (“Contest”
or “Promo”) is organised by PepsiCo India Holdings Private Limited (“Organizer”) in association with TLG
India Private Limited (“Organizing Partner”).
2. The
Contest is valid in India (except in the State of Tamil Nadu), for Indian
citizens and residing in India (except Tamil Nadu) who are above 18 (eighteen)
years of age, having a valid and active mobile phone connection/number,
WhatsApp account and a smart phone with camera capable to scan the QR code, a
valid and functional Instagram account, EXCEPT (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
and their associate companies, their respective employees (d) persons who are
not "competent to contract" within the meaning of the Indian Contract
Act, 1872. (“Participant”).
3. The Contest is valid from 15th August, 2026 till 31st
October, 2026 or till promo stocks last,
whichever is earlier (“Contest Period”). The Organizer may in its absolute discretion
curtail or extend the Contest Period, as it deems necessary without any
liability whatsoever; and no communication in this regard will be entertained. The
Contest may be withdrawn or modified by the Organizer at any time, without any
intimation or liability to a third party.
4. Contest is applicable only on Lay’s
India’s Magic Masala, Lay’s American Style Cream n Onion, Lay’s Classic Salted,
Lay’s Sizzling Hot, Lay’s Spanish Tomato Tango, Lay’s West Indies’ Hot ’n’
Sweet Chilli, Lay’s Chile Limón, sold at MRP Rs. 20/-
(incl. of all taxes) in traditional trade stores in India, and which carry a unique
code on the back of pack in the coding window (“Product”). The Contest is NOT
APPLICABLE ON: Lay's Maxx, Lay's Wavy, Lay's Shapez Crispz, Lay's Hot Chips Style, Lay’s Wafer Chips,
Lay’s Mini Stix, or any other products not specifically mentioned
above. Contest is also not applicable on the said packs
sold at any channels other than traditional trade stores (such as e-commerce,
modern trade, on-premise, movie halls, airports, railways etc.)
5. Participation in the Contest is
optional. By participating in this Contest, a Participant unconditionally and
irrevocably accepts and agrees they have read and understood the T&Cs and
agrees to be bound by all these terms and conditions as stated herein at all
times without any exception whatsoever.
6. The terms of use, privacy policy including any
modifications, alterations or updates thereof, that are published on the WhatsApp and PepGenie/participation
chat window, 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.
7. Data Privacy
i.
Participation
in the Promo shall be strictly subject to Participant’s acceptance of the
Privacy Notice/Policy of the Organizer available at https://www.pepgenie.com/privacy-policy/
ii.
By accepting
these 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’).
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 https://www.pepgenie.com/privacy-policy/ 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.
8. To participate in the Contest, the
Participant has to follow the steps as detailed herein below:
(i)
The Participant shall purchase
the Product pack, open it and scan the QR code located at stores where Product packs are sold with
their mobile phone, or click on the following link: https://pepgenie.com/lays
(ii)
Participant will be required to share
basic details like name, age, state of domicile etc to check eligibility.
(iii)
The Participant will be
asked whether they have an opened Product pack which contains a unique promotional
code printed on the back side of the pack in the coding window near the batch
number.
(iv) If the Participant does not have a Product pack with the said
unique promotional code, they will be required to re-attempt the participation
after they have purchased a Product pack with the said unique promotional code.
Participant may choose to share their location to receive details of nearby
retailers where they can buy the Product pack. Organiser shall not be
responsible for the stock unavailability at such stores.
(v)
To participate, the Participant
must upload a clear image of the back of an opened and eligible Product pack which
has been torn opened for consumption, and with the unique promotional code
clearly visible in the image.
(vi) The uploaded image will undergo an OCR-based validation to
verify that:
o
The image contains a
genuine Product pack with the unique promotional code.
o
The Product pack has been
torn as per the guidelines shared with the Participant in the Whatsapp chat.
o
The promotional pack
contains a valid unique promotional code near the batch code section.
o
The image quality is
sufficient for code extraction.
o
The unique code has not
been previously redeemed/used.
(vii) If the uploaded image cannot be successfully validated, or if
the code is unreadable, invalid, or previously redeemed, the Participant will
be prompted to upload another image.
(viii)
Each Participant may
successfully seek the verification of only one (1) eligible Product pack per
calendar day during the Contest Period.
(ix) Upon successful verification, the Participant's eligible Product
pack count will be updated, and they will progress toward the applicable reward
milestone and corresponding chance to win, as set out below:
·
verification of 3 eligible
Product pack images: eligibility for the ‘gaming
console’ prize draw;
·
verification of 5 eligible
Product pack images: eligibility for the ‘premium
smartphone’ prize draw;
·
verification of 10
eligible Product pack images: eligibility for the ‘international holiday’ prize draw; and
·
verification of 20
eligible Product pack images: eligibility for the ‘meet and greet’ with Ranbir Kapoor prize
draw.
(x)
Achievement of a reward
milestone shall only make the Participant eligible for entry into the
corresponding prize draw and shall not, under any circumstances, be construed
as a guarantee of winning any prize, voucher, reward, or benefit.
(xi) Participants may continue to submit one eligible Product pack
per day throughout the Contest Period to qualify for higher reward milestones
in vouchers. It is hereby clarified that once the Participants have reached a
particular milestone in the journey, their additional Product packs will be
considered cumulatively, and will not start from zero. Illustration: If a
Participant has reached the milestone after verifying three Product packs
(gaming console stage), then they will only need verification of two additional
Product packs to reach the next milestone of five Product packs (premium
smartphone stage), and not purchase five additional Product packs to reach
there.
9. Only such entries of the
Participants as are meeting the criteria in Clause 8 above, shall qualify for
the Contest. It is clarified that for the Participant to be considered a valid
Participant, they shall be required to correctly follow the procedure mentioned
hereinabove and provide correct, accurate and complete information as and where
required. One Participant can participate
from only one mobile number, and any attempts to enter through multiple mobile
numbers will render the Participant liable to disqualification. 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.
10. It is clarified that in addition
to these terms and conditions, the Participant shall always be bound by the
terms and conditions as imposed by third-party service provider for usage of
their websites, microsites, applications etc.
11. By participating in the Contest,
the Participant gives his/her free consent to abide by the rules, regulations,
policies and obligations as mandated by Organizer.
12. The Participants submitting their
entries other than during the Contest Period, shall not be eligible for the Contest.
13. Winners and Prizes:
After the end of the Contest
Period, the valid entries for each reward category will be put through a
randomiser software under the supervision of an independent auditor, subject to
successful verification and compliance with these Terms & Conditions. Each
category would result in the following prizes being made available to the
following no. of winners:
|
Stage |
Prize |
No. of winners |
|
Verification of 3 eligible Product pack images |
Gaming Console e-voucher worth
approx. INR 50,000 (Indian Rupees Fifty Thousand only) |
30 |
|
Verification of 5 eligible Product pack images |
Premium Smartphone e-voucher
worth approx. INR 1,00,000 (Indian Rupees One Lac only) |
10 |
|
Verification of 10 eligible Product pack images |
International Holiday package e-voucher (each
e-voucher entitles 2 individuals to avail the travel benefits under the said
e-voucher including the winner Participant) worth approx. INR 5,00,000
(Indian Rupees Five Lacs only). There shall be no cash reimbursement in case
the winners decide to utilise the e-voucher alone. |
5 |
|
Verification of 20 eligible Product pack images |
Meet and Greet with Mr. Ranbir Kapoor (film actor)
[in a group with other winners and not individually, on such date and at such
location, venue and for such duration as may be decided by Organizer in its
sole discretion]. In case the winner(s) is not able to attend the session on
the date, location, venue, time informed by the Organizer or Organising
Partner, for any reason whatsoever, then they shall have deemed to have
forfeited their prize. There shall be no rescheduling of the event. |
75 |
14. It is hereby clarified that a
Participant can be declared as a winner only in one of the above mentioned
categories. In case their entry is selected by the randomiser in more than one
categories mentioned above, then their second selection will be discarded and
the randomiser would be run again under the supervision of an independent
auditor to declare the alternate winner in that category.
15. It is clarified that the
Organizer’s commitment under this Contest is subject to the number and nature
of entries received and the Organizer may declare lesser number of winners if
the valid entries received are less than the number of committed prizes or may not
declare any winner if none of the entries are found valid or are in breach of
these terms and conditions. The selection of winners will be solely based on
the randomiser, without any influence or interference of the Organizer or the
Organising Partner. Any claim or
query from any participants or public shall not be
entertained in this regard.
16. The details and modalities of
claiming the Prize will be informed to the winners within 30 days from the declaration as
winner. The winners will be announced on the Lay’s India Instagram Page in 60 days after the end of Contest
Period. The winners shall have no right
to claim for cash or cash equivalents as part of the Prize. All prizes except
the meet and greet with Mr. Ranbir Kapoor, will be in the form of e-vouchers,
which the winners can avail as per the terms and conditions of the e-voucher/issuing
platform.
17. The decision of the Organizer
with regard to validity of the entries shall be final and no claim or
communication with respect to that entry shall be entertained, and shall not be
subject to review or appeal by any consumer or by any third party. The Prizes
will be subject to the winners providing the necessary documentation and
completing the necessary formalities as communicated to them by the Organizer
or Organising Partner.
18. The winners will be asked to
share their eligibility details and such details as may be required to verify
the authenticity of their participation, their compliance with these T&C
and to provide the prize to them, i.e. name, e-mail address, Instagram handle, contact
no., location/address, govt. issued ID proofs and address proofs, etc., as required
by the Organizer.
19. The winner may be contacted
by the representatives of the Organizer on the contact number/email id/Instagram
DM shared by them. Each winner would be contacted thrice over a period of 72 (seventy two) hours. Participants and winners confirm and hereby waive the applicability of
rules and regulations of the National Do Not Call Registry and agrees to
receive instructions and updates via SMS/Call/WhatsApp/DM for this Contest from
or on behalf of the Organizer, or their authorized service providers regarding
certain marketing promotions, and that the Organizer/Organizing Partner can
contact you for future promotions. In
case the winner is not reachable or he/she cannot redeem the Prize for any
reason whatsoever, the Organizer will reserve the right to either forfeit the
Prize or pass on the Prize to the Participant selected as per Clause 13 above,
without any further notice to the winner who could not be contacted.
20. Winners may be required to
provide proof of age, identity, domicile, nationality, address and any
documentation as reasonably required by the Organizer to validate their
eligibility to claim the Prize. The Organizer assumes no responsibility in the
event the winner does not have the necessary documents to have their participation,
eligibility and identity verified by the Organizer. In such an event the
Organizer has the right to forfeit the Prize without any further communication
in this regard. The winners shall strictly comply with such requirements of the
Organizer in a timely manner. A breach of this clause shall entitle the
Organizer to forfeit the Prize from such defaulting winner and to pass it on to
another winner (selected as per Clause 13 above) or forfeit it in its entirety.
21. The Winners shall comply with any
third-party terms and conditions that form part of the Prize. For all prizes (except the meet and greet with Mr. Ranbir
Kapoor), the Organiser’s and Organising Partner’s all obligations under this
Contest shall cease once the Prize (e-voucher) has been sent to the winners
(via email or Instagram DM or such other mode as decided by the Organizer).
Winners will be solely responsible to redeem the e-vouchers from the respective
platforms. The goods or services bought or availed, respectively, via
redemption of the Prizes shall be at the sole risk and responsibility of the
winners. Organiser does not provide any guarantee or warranty as regards the
functionality or merchantability of the said goods and/or services. Winners will
be required to conduct necessary checks and diligence before accepting the said
goods and services directly from the seller/service provider. The winners shall
not have make any claim against any defect or deficiency in such goods and/or
services.
22. For international travel
e-voucher, winners will be liable to undertake the respective flight bookings,
airport transfers, passport and visa validity, hotels/accommodation, local
sightseeing, compliance with all travel conditions including but not limited to
airline and airport conditions on flight travel, rules of the relevant country and
venues that they visit. Organizer or Organizing Partner will in no way be
responsible for arranging or coordinating any travel related queries or
documentation of the winners.
23. For the avoidance of doubt,
the Prizes of meet and greet and international holiday do not include food,
beverages, merchandise, souvenirs, autographs, gratuities, car parking charges,
additional excursions and attractions or any other costs or benefits of a
personal nature that are not explicitly set out in these terms and conditions
and neither the Organizer nor any provider of any part of the Prize will be
responsible for any such costs.
24. The Organizer shall not
provide any conveyance/reimbursement for travel of the Winners in any manner
whatsoever. However, for the prize of meet and greet with Mr.
Ranbir Kapoor, winners may be provided with following travel arrangements at
the sole discretion of the Organizers:
I.
Winners coming from outside the city:
flight tickets from and to the city of their residence, along with airport
transfers to and from the venue. Airport transfers in the city of their
residence not included.
II.
Winners coming from within the city: cab/bus
from and to their residence.
25. The Winners will have to
carry one government issued photo identity card to the venue at the time of
redemption of the Prize of meet and greet with Mr. Ranbir Kapoor. These include
Election I card, Passport, Driving Licence.
26. The Winners will be required to
furnish his/her complete name, address and phone number and other
information/details as may be asked by the Organizer in order to provide the
Prize. In case a Winner is unable to provide information/documents to the
satisfaction of the Organizer, the Organizer reserves the right to forfeit his
/ her Prize entirely.
27. Winners are responsible for their
behaviour and conduct during the activities after redeeming the Prize. The
Organizer reserves the right in its absolute discretion to exclude the Winner
from participation in the Prize if any Winner fails to comply with the
directions of the Organizer or any companies associated with the Prize or if
the Winner conducts himself/herself in a manner that is dangerous to themselves
or to the public or is anti-social in any manner or which causes a disturbance
or nuisance to others.
28. The Organizer will not accept any
responsibility for Prize (or any part of it) mislaid or lost or stolen or torn
or mutilated once they have been collected.
29. By participating in the Contest,
Participants agree that Organizer will retain the rights to use the entries for
any purpose in future, including commercial purposes and may or may not
attribute it to the Participant.
30. The Winners may be required to
sign receipts, affidavits, indemnity, agreements and/or documents as required
by the Organizers before or at the time of receipt of Prizes.
31. Organizer shall not be liable for
any loss or non-receipt of Prize due to incorrect details or the failure of any
winner to take the delivery, for any reason whatsoever. The Organizer will be
absolved of its liability after the Organizer has undertaken the necessary
steps to arrange the Prize for the winners. The Organizer will not be liable
for any failure to provide the Prize due to technical issues or any other
logistical issues, or failure of third parties to deliver the Prize, or the
winners failing to fulfil the terms required for receiving the Prize. The
Organizer will not be liable for any loss of data during transmission including
but not limited to server issues that may come up in the real time monitoring
of the entries sent out by Participants during the Contest Period, or in
declaration of winners. Automated Entry: the use of any automated entry
software or any other mechanical or electronic means that permits any person to
enter any promotion repeatedly is prohibited. No bulk, consumer group or
third-party entries will be accepted. These entries will be disqualified.
32. Organizer shall not be
responsible for failure of Organizing Partner (including its vendors) or
redemption of the Promo 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, hacking, malware,
virus, software issues, 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.
33. 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.
34. Organizer/Organizing Partner
shall not be liable for 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.
35. 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. 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.
36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. It is strictly prohibited to submit
any entry/photo/video/content with content/material of any kind that contains
expressions of hate, abuse, offensive language or conduct, obscenity,
pornography, is sexually explicit or against any religious sentiments or
against any caste, creed or race or any material, which is offensive to women
or any material that could give rise to any civil or criminal liability under
applicable law or regulations or that otherwise may be in conflict with these
Terms and Conditions or the Advertising Code of the Advertising Standards
Council of India. It is also clarified that any entry which, in the reasonable
opinion of the Organizer, is obscene, offending or hurtful shall be rejected
immediately; and appropriate action may be taken against the said Participant.
Entries will be rejected/ deleted and will not be deemed valid entries for the
purposes of this Contest if they:
(i) contain or displays any
commercial/corporate advertising other than that of the Organizer (including
but not limited to corporate logos, brand names, trademarks, slogans,
political, personal and religious statements);
(ii) reference persons or
organisations without their written permission;
(iii) disparage any persons or
organisations;
(iv) are unlawful, in violation of or
contrary to any applicable laws and/or regulations.
(v) represent a danger to health and
safety or causes fear or distress; or are otherwise offensive or in bad taste.
(vi) do not meet the eligibility
requirements of these T&C.
45. The Participants agree and
undertake that their entries during the Product pack verification will be
original and shall not in any way include anything obscene, vulgar,
disrespectful or defamatory in any manner nor shall be in violation of any
intellectual property rights of third parties and/or applicable laws. It is
also clarified that the Participants are solely responsible for any violation
of any applicable laws and shall keep the Organizer indemnified in this regard.
Participants shall all times comply with applicable law, rules, regulations and
bye laws.
46. 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.
47. 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.
48. 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.
49. At the Organizer's request,
winner must participate in all promotional activity (such as publicity and
photography) surrounding the winning of the Prize, free of charge, and they
consent to the Organizer using their name, likeness, image and/or voice in the
event they are a winner (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 Contest (including any outcome),
and promoting any products manufactured, distributed, marketed and/or supplied
by the Organizer.
50. By submitting an entry in the
Contest, the Participants, unless the Organizer advises otherwise or is
prohibited by law, license and grant the Organizer, its affiliates and
sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable,
and sub-licensable right to use, reproduce, modify, adapt, publish and display
such entry (including the recipe, images, videos therein), in whole or in part,
for any purpose including but not limited to future promotion, marketing,
advertising or publicity purpose in any media, without compensation,
restriction on use, attribution or liability. By participating in the Contest,
the Participants agree and acknowledge that:
a) the entries are original;
b) they will have no further right
whatsoever on any intellectual property right(s) associated with the entries;
c) the Participants shall not raise
any future claim(s) whatsoever against the Organizer. The Participants further
agree and acknowledge that the sole right to use the entries shall exclusively
lie with the Organizer and the Organizer shall be entitled to use these entries
at any point in time for any purposes (including commercial purposes) which the
Organizer deems appropriate; and the Participants confirm that they waive to
raise any claims whatsoever with respect to the entry submitted by the Participants.
51. The Participants agree to
indemnify and hold harmless Organizer 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 Contest.
52. 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 Contest howsoever caused, including for any costs, expenses, forfeited
Prize, damages and other liabilities.
53. 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, Organizer hereby excludes and shall not have
any liability to any Participant or winner in connection with or arising out of
this Contest howsoever caused, including for any costs, expenses, forfeited
Prize, damages and other liabilities. 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 Participant’s access to, Participant’s exposure to or Participant’s
participation in the Contest (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
Contest.
54. Decision of Organizer will be
final and binding with regard to Contest and Prize and no correspondence will
be entertained in this regard.
55. Each Prize is personal to the respective
winner(s) and is not transferrable and cannot be sold or transferred under any
circumstances.
56. Organizer accepts no
responsibility for any tax implications, insurance cost etc. that may arise
from the Prize winning. Winners will have to bear taxes, incidental costs, if
any, that may arise from redemption of the Prize.
57. No cash payment will be made in
lieu of the Prize.
58. Organizer shall not be
responsible for any loss, injury or any other liability arising out of the
Contest or due to participation by any person in the Contest.
59. Organizer shall not be liable to for any indirect,
punitive, special, incidental or consequential loss or damages, or injury, death, disability or any other
liability arising out of or in connection with the Contest.
60. Organizer shall not be responsible for any loss, injury or any
other liability arising out of the Contest.
61. The Participants are
responsible for securing necessary permissions, talent and location releases,
and licenses for any visual material contained in their entry. The Participants
shall provide a proof of such consents/approvals to the satisfaction of the
Organizer as and when required by the Organizer.
62. Organizer shall not be
responsible for ensuring compliance of applicable law by the winners at any
time, whether before or after receipt of Prize. Winners shall be solely liable to
ensure that the Prize is utilised and undertaken in accordance with all
applicable laws, rules and regulations. Winners shall also keep Organizer fully
indemnified against any claim from a third party in this regard.
63. In the
event of a death of a Participant, no claim from his/her nominees or legal
heirs will be entertained under this Contest.
64. Charges
and expenses borne by any Participant for participating in the Contest, for
example internet charges for submitting the entry, correspondence or internet
charges, shopping, meals, sightseeing, parking, insurance, conveyance etc.
shall not be claimed from the Organizer and the Participants shall continue to
be liable for them.
65. The
Organizer or their agencies are not required to entertain/respond to/comply
with any communication/request/claim requiring the Organizer to provide any
proof to any Participant or any other party, with respect to details of other
Participants, prize won 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 directed by a competent legal authority.
66. Organizer shall not be liable for
any loss or damage due to Act of God, governmental actions, pandemic, epidemic,
war, fire, health emergency, natural calamities, strike, bandh, lockout,
curfew, riot, stampede, terrorism, sabotage other force majeure circumstances
and shall not be liable to pay any amount as compensation or otherwise for any
such loss.
67. All disputes relating to this
Contest shall be subject to the exclusive jurisdiction of Courts at Gurugram,
Haryana only.
68. The information shared by the
Participants with the Organizer under this Contest shall be stored, processed,
used and dealt with in accordance with the Privacy Policy of the Organizer
available at www.pepsicoindia.co.in
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.
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
data about you by combining information that we and other PepsiCo companies have collected about you through
the use of cookies and similar technology when you access our Sites.
· biographical data (for
example, 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 of the 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).
· 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 relationship with you;
· to fulfil our legal, contractual and other obligations with you or our authorised partners;
· to better
understand how you use our products and services;
· to view trends in our
product offerings;
· provide personalized advertising to you on third party websites (this may involve us aggregating your personal data with the data
of others);
· to respond to your questions and/or enable you to participate in our promotional campaigns;
· to send you marketing material 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 have purchased or requested, and to authenticate you so that we
know it is you and not
someone else. You can choose not to
provide certain information, but then you might not be able to take advantage
of some our products and services offered on our Sites.
We use your personal
data on the 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 at your 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.
·
other PepsiCo international companies. This includes
current and future PepsiCo Inc
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 we
may transfer our business so it can evaluate our business and use your personal data after any transfer;
· social media advertising
partners (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
to you);
· 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 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.
·
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.
·
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) authorised 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
·
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.co m].
· 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 can contact us by
following the instructions in any promotional email message you get from us to update or change marketing
preferences. This can include opting out of receiving any future marketing
advertisements.
·
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
From time to
time, we may change this Privacy Notice. When we do, we will notify
you of any material changes as 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.
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.
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-1
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:
o
websites, mobile sites, applications operated by us or otherwise
under our authorisations
o
courier;
o
social media pages;
o
text or electronic messages;
o
customer help portals;
o
advertisements;
o
your email
correspondence with PepsiCo;
and
o
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]