Terms and conditions for ‘Kurkure – Spend Time with Family Program’

 

Organizer

1. ‘KURKURE Spend Time with Family Program’ (‘Program’) is brought to you by PepsiCo India Holdings Pvt. Ltd. (‘Organizer’).

2. Participation in this Program constitutes acceptance of these Terms and Conditions.

 

Participating Requirements

3. Program is open to all Indian residents except employees and immediate family members of Organizer, its associate companies, its advertising and promotional agencies and its Auditors.

"Immediate family" means spouse, ex-spouse, parent, step-parent, grandparent, uncle, aunt, niece, nephew, natural or adopted child, and sibling or step-sibling (whether natural or adopted by a parent), whether or not they live in the same household.

4. The Organizer reserves the right, at any time, to verify the validity of entries and participants (including a participant's identity, age and place of residence) and to disqualify any participant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.

5. Multiple entries by a participant are permitted, subject to the following: (a) each idea can only be submitted once; and (b) each entry must be submitted separately and in accordance with entry requirements in any way.

6. NO PURCHASE NECESSARY. NO ENTRY FEE CHARGED to participate in the Program.

7. Participation is optional.

 

Program Period

8. The Program commences at 00.00:01am (IST) on August 15, 2010. Entries close at 11.59:59pm (IST) on November 30, 2010. All Entries received before August 15, 2010 shall be judged for day 1 of the Program i.e. August 15, 2010.

 

Independent Auditors

9. Program is being conducted under the supervision of independent firm of Chartered Accountants (‘Auditors’).

 

Entry Criteria

10. To participate in the Program the participant has to send in Tedha funny ideas to spend more time with their family. (‘Entry’)

11. The Entry can be made by using any of the following mediums:

1. SMS your Entry to 09212301234
2. Call 09212301234 and follow simple instructions and submit your Entry.
3. Log on www.kurkure.co.in and submit your Entry by filling the form provided there.

12. For an Entry to be complete and eligible for the Program the Mobile number/Landline has to be submitted along with every Entry. In addition to this the participant may submit the following:

1. Complete Name
2. Age
3. Email Id
4. Address

13. Entries are deemed to be submitted at the time of receipt of the same into the Organizer's database, and not at the time of transmission by the Participant.

14. Normal Call/SMS charges applicable. Cost of SMS/call to be borne by the Participant.

 

Valid Entry

15. An Entry must comply with the following conditions to qualify as a valid Entry:
1. The Entry must be original and must not be an existing idea from a book, novel, serial, movie or any other existing copyrightable medium.
2. The Entry can be in English, Hindi, Tamil, Marathi, Telugu, Punjabi, Guajarati, Kannada, Bengali or Malayalam or if any other language then adaptable in English without losing its essence.
3. Entry will be reviewed for content before being judged; however, such review does not relieve the participant from responsibility and compliance with these Terms and Conditions.
4. Maximum number of words for the Entry through SMS or on Website is 350 words.
5. Maximum time for which the Participant can speak on 09212301234 is  5 ( five) minutes. The call will automatically get disconnected after  5 ( five) minutes.
6. It is the responsibility of the Participant to ensure that the Entry is complete within the stipulated words and/or time and the Organizer shall not be responsible for judging the incomplete Entries.
7. An entry would be considered valid only if it has the essential ingredient of “an easily understood idea to spend time with the family”. All entries which do not have the aforesaid essential ingredient would be disqualified.

16. Entries that do not comply with these Terms and Conditions or that otherwise contain prohibited, questionable content or offensive language and/or third party ideas/content reference or inappropriate content as determined by the Organizer, in its sole discretion, will be disqualified without any notice to the Participant and will not be considered eligible.

17. Entries received via the medium as suggested in 11 (ii) which are not audible or are incomprehensible would be disqualified.

18. The Organizer makes the final determination as to which Entry are eligible to take part in this Program and no correspondence will be entertained in this regard.

19. The Participant is fully responsible for the Entry submitted by him/her. The Organizer shall not be liable in any way for such Entry to the full extent permitted by law.

 

Disqualification

20. Every Participant shall ensure that the Entry is not

1. Unlawful
2. Fraudulent,
3. in breach of any intellectual property
4. in breach of any privacy
5. defamatory
6. obscene
7. derogatory
8. pornographic
9. sexually inappropriate
10. violent
11. misleading
12. abusive
13. harassing
14. threatening
15. objectionable with respect to race, religion, origin or gender
16. not suitable for children aged under 15, or otherwise unsuitable for publication.

Any such Entry shall be automatically disqualified without any notice to the Participant.

 

Waiver of Rights

21. All Entries submitted become the property of the Organizer. Entries will not be returned to any Participant.

22. By submitting an Entry in the Program, the Participant, unless the Organizer advises otherwise, 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 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.

23. The Participant agrees not to assert any moral rights in relation to the use of the Entry.

 

Judging Criteria

24. All entries will be judged by a panel of judges trained to judge the Entries on the following parameters (‘Judging Criteria’) for all prizes under the Program except the Mega Prize of a house:

Parameters	Weight age
Humour Novelty   Kurkure quotient	30% 40%   30%

25. The Entries will be judged on a score card of 100 by the judges.

26. Top 1000 Entries of the Program Period will then be judged by an expert panel of judges consisting of three eminent celebrity judges from various fields for the Mega Prize of a House. The panel of judges will have the assistance of one in-house brand expert of the Organizer to assist them on request on any one or more of the Judging Criteria.

27. The judging would be conducted independently by the panel of judges. The in house experts would only provide technical assistance without actually participating in the judging. Further the judging would be witnessed by a representative of the Auditor.  No winner can however, request to be a part of the judging process, nominate his/her own judge, witness the judging and/or appoint a representative to witness the judging.

 

Prize of House worth Rs. 10000000 (Rupees One Crore) (‘Mega Prize’)

28. The celebrity panel of judges will judge the Top 1000 Entries individually on the Judging criteria again. After judging, the aggregate of the Scores given by all the Judges will be the final Score of the Participant. The Participant with the highest Score will be the winner of the Mega Prize.

29. In the event of more than one Participant getting equal highest Scores after the judging, the final Prize will be declared by using the method of a lucky draw to be conducted by the Auditor in the presence of the Judges.

30. The final Prize will be announced no later than December 31, 2010.

31. The cost of the House shall include the actual sale price of the House, stamp duty charges, furniture and fixtures, cost of interior designer and such other miscellaneous expenses as incurred on the House.

32. The House will be consisting of a minimum 2 bedrooms, Hall, Kitchen and 2 bathrooms. It is at the sole discretion of the Organizer to give either an apartment or an independent house.

33. Furniture and fittings of the House shall include the following:

1. Fans in all rooms
2. Basic sofa furnishing in drawing room
3. Centre table in drawing room
4. Basic dining table in dining room with two side tables
5. Basic fittings in all toilets
6. Double bed in all bed rooms
7. Basic utensils – glasses, plates, cutlery in kitchen
8. Gas Stove in Kitchen – No gas connection will be provided
9. Exhaust fans in all bathrooms
10. Exhaust fan in Kitchen

34. The choice of brands for the furniture and fittings shall be at the discretion of the Organizers. The Organizers shall not be responsible for any defects in the furniture and fittings and the manufacturers would continue to be responsible for the same.

35. The choice of builder/city of the House is entirely at the discretion of the Organizer and the Participant shall have no say in this manner.

36. Further, the Organizers will exercise all due diligence to verify the title of the property and assertions made by the builder regarding the quality of construction. However, the builder would continue to remain responsible for defects in the title of the property/house or shortcomings in the quality of material used by him. The Organizers in no way would be responsible for the same.

37. The methodology to be used for conveyance of the property and all rights, title and interest on the same would be at the sole discretion of the Organizer and no suggestions regarding the same would be entertained from the winner.

38. The winning of this prize is non transferable, i.e. the same cannot be transferred for any direct or indirect monitory consideration.

39. There could be some time gap between declaration of the winner and conveyance of the property/Mega Prize to the Mega Prize winner. In the meantime the winner would not make any attempt to create a charge on the property on the bases of the declarations made by the Organizer or on the basis of any intermediate document signed by the Mega Prize winner.

40. In the event of a death of the Mega Prize Winner, no claim from the nominees or legal heirs of the Mega Prize Winner will be entertained for receiving the Prize.

 

Daily Prize of a Trip to Disneyland - Hong Kong for a Family of four (‘Disneyland Prize’)

41. The Organizers will select one Entry every day by the judging process for the daily prize of a Trip to Disneyland Hong Kong for a Family of four.

42. The Entry with the highest score of the day as given by the Judges everyday will get this prize. All Entries received before 6 pm on a particular day will be judged for this Prize.

43. All Entries received after 6 pm shall be judged for the prize for the following day.

44. The Prize for the first day will be announced after 10 days of the close of Entries for that particular day. The Winners name along with address will be put up on the website of the Organizer. The winners will also be contacted by the Organizers and the process of redemption will be explained to them.

45. The Disneyland Prize shall entitle the Winner and his Family for a 3 days and two nights trip to Hong Kong which shall include Economy class air travel ex Mumbai or Delhi, Airport taxes, One full day city tour including visit to the Victoria Peak for a 360 view of Kowloon and visit to Famous Madame Tussauds Wax Museum, Aberdeen Sampan ride, Repulse Bay, Jewellery Factory Outlet and Tsim-Sha-Tsui shopping area, Return Airport transfers in Deluxe A/c Coaches, 02 night accommodation at any four star hotel, Daily buffet international breakfast at hotel, 01 full day passes of Disneyland with entrance to all rides, 01 lunch coupon (fast food lunch inside at the park) for the Family, 01 Indian Lunch and 02 Indian dinner at a local Indian restaurant for the Family, Travel Medical Insurance.

46. The Organizers and the travel company engaged by them would take all possible steps to comply with the above itinerary. However, there could be variations due to reasons beyond their control. In such an event all efforts would be made to provide facilities of a similar value. 

47. All other expenses not expressly included above will not be borne by the Organizer or any other agency on Organizers’ behalf, and will be the sole responsibility of the Winner.

48. The winners will have to arrange the passport and visa for him/herself and their Family on their own and at their own cost and the Organizer shall not be responsible or liable to arrange for the passport/visa for the Winners or their Family.

49. These documents must be ready with the winner at least 30 days before the scheduled date of the departure failing which the prize shall be forfeited. In the event of any member of the Family not having the passport or visa the remaining members of the Family can still avail the prize. However the DisnelyLand Prize cannot be claimed unless the winner himself/herself travels with the family.

50. Minors who win the Disney Land Prize must be accompanied by two adult family members on the trip, otherwise the prize would be forfeited.

51. Organizers assume no responsibility in the event of non availability of passport and visa and reserve the right to pass on the prize to next winner with valid documents.

52. The availability of passport is a mandatory requirement for the Programme. In case the same cannot be arranged as per the provisions of these terms and conditions, the right of the winner or his family members to claim the Disneyland Prize would stand automatically forfeited without there being any communication to this effect from the Organizers.

53. If any Winner fails to take the trip when specified by the Organizer the Prize will be forfeited in its entirety.

54. Organizers shall not be liable for any cancellations and/or delays in the train/flights/cars arranged for the Winner due to any reason including but not limited to force majeure, logistical problems at the airports/railway stations/roads etc and the Winner shall not have any claim against Organizer for the same and shall be deemed to have availed of his/her prize. Organizer shall not be responsible for any such eventuality and the Winner undertakes not to claim any compensation from the Organizer for the same.

55. Dates when the winner may redeem his/her prize are entirely at the discretion of the Organizer. If any Winner fails to take the trip when specified by the Organizer the prize will be forfeited in its entirety.

56. The Trip is being organized by Yatra Online Pvt. Ltd and is subject to further conditions as mentioned by Yatra on its website www.yatra.com.

57. Organizers shall not be responsible for any loss, injury or any other liability arising out of this trip for which the winners will be required to sign an indemnity in favour of the Organizers.

58. For the purpose of this Prize ‘Family’ shall mean a family of four only which shall include spouse, parent, step-parent, grandparent, natural or adopted child, and sibling or step-sibling (whether natural or adopted by a parent), living in the same household.

59. In the event of there be lesser members in the family than four no substitution with non family members will be permitted.

60. In the event of more than four members only four members shall be permitted and the Organizers will not entertain any requests for permitting more than four members.

61. This Prize is not assignable and non transferrable.

62. The Winners under this category of Disneyland Prize will be intimated by email (if provided by the participant to the Organizer) and by a call at the number provided by the Participant at the time of sending the Entry. A maximum of two attempts per day will be made by the Organizer for 7 working days (not including Saturday, Sunday and other public holidays) to reach the winner, post which the prize will be forfeited.

 

Other Daily Prizes (‘Board Games’)

63. The top 100 Entries with the highest score of every day except the Entry with the Highest Score which has already won the Disneyland Prize will be entitled to a Prize of a Board game.

64. All Entries received before 6 pm on a particular day will be judged for this Prize. All Entries received after 6 pm shall be judged for the prize for the following day.

65. The Prize for the first day will be announced after 10 days of the close of Entries for that particular day. The Winners name along with address will be put up on the website of the Organizer. The winners will also be contacted by the Organizers and the process of redemption will be explained to them.

66. The prizes will be sent by courier/registered post to the winners on the address as communicated by the winner to the representative of the Organizer. In case the place of domicile of the winner is not serviced by courier services/registered post, the prize would be sent by any other means that can possibly be used under the circumstances.  

67. In all cases where the prizes are returned undelivered due to incomplete/wrong address the prize will be forfeited in its entirety. 

68. The Winners will be intimated by email (if provided by the participant to the Organizer) and by a call at the number provided by the Participant at the time of sending the Entry. A maximum of three attempts will be made by the Organizer to reach the winner within a period of 1 day, post which the prize under the category of Board Games will be forfeited.

 

Miscellaneous

69. In the Event that two Entries from the same participant are selected during the Program Period for more than one prize then only the first Entry will be taken into consideration for the prize at the sole discretion of the Organizer and the other shall be discarded.

70. All Winners are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by the Organizer’s and complete compliance with these Terms and Conditions.

71. If attempted notification to the Winner is returned as undeliverable, if a Winner cannot be verified, or if a Winner is otherwise unable to accept their status as Winner, their selection as a Winner will be forfeited and an alternative Winner may be selected provided sufficient time remains, in Organizer's sole discretion.

72. The Winners will be required to sign receipts, affidavits, indemnity, agreements and/or documents as required by the Organizers at the time of receipt of Prizes.

73. Winners agree that the Organizer has the sole right to decide all matters and disputes arising from this Program and that all decisions of the Organizer are final and binding.

74. If due to technical reasons or issues beyond the control of the Organizer, the Entries through any medium is not available or is suspended or removed at any time during the Program Period the Organizer’s shall not be responsible for the same.

75. The prizes are personal to the Winners and are not transferrable and cannot be sold under any circumstances.

76. The participant can log on www.kurkure.co.in anytime during the Program Period to see the list of Prize winners.

77. Winners will be notified by phone and/or mail notification. Notification of the Winners status must be kept confidential until the Winners are publicly revealed by the Organizer or the Winners prize will be forfeited.

78. At the Organizer's request, Winners 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 Program (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Organizer.

79. The Organizer reserves the right to request winners to provide proof of identity and Indian residency alongwith other documents like copy of the PAN card/form 60 at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the Organizer.

80. The Organizer accepts no responsibility for any tax implications that may arise from the prize winnings. Winners will have to bear incidental costs, if any, that may arise for redemption of the Prizes.

81. The Organizer reserves the right to cancel, modify, extend or withdraw the Program at its sole and absolute discretion.

82. The pictures of prizes depicted on the press ads/posters/ TVC’s etc. are only representative and the actual prizes may vary from the depictions.

83. Organizer shall not be liable for any loss of prize due to incorrect address or any other information provided by the winner.

84. Incomplete entries (name/address/telephone/Entry) will not be considered for the prize.

85. Organizer shall not be responsible for any loss, injury or any other liability arising out of the Program or due to participation by any person in the Program.

86. Organizer shall not be liable for any loss or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.

87. All disputes relating to this Program shall be subject to the exclusive jurisdiction of Courts at New Delhi only.

88. Terms and Conditions Apply