TERMS & CONDITIONS OF “Sprite Ekka Smart Wenna”

UNDER THE CROWN / CLOSURE (UTC) CONSUMER PROMOTION

 

 

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Terms and Conditions (T&C)

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Promotion Details, Concept and Participation

1.1. Coca-Cola Beverages Sri Lanka Limited of Tekkawatta, Biyagama (“Organiser”) will conduct ‘under the Closure’ consumer promotion during the period commencing from 15th January 2018 to 15th March 2018 (“Promotion Period”) in the name of “Sprite Ekka Smart Wenna.

 

1.2. The promotion is only limited to the packs sizes and the brands as specified in the table below with only yellow colour Crowns or Closures (hereinafter referred to as “Closure/s”) of the products of Organiser (hereinafter referred to as “Promotional Products”) within the territorial limits of Sri Lanka under the terms and conditions set out below (“Promotion”)

 

             Pack Sizes

       Brands

400ml, 750ml,1.25 Ltr, 1.5 Ltr and, 2Ltr - Plastic Bottles (PET)

Coca-Cola® / Sprite® / Fanta Orange® / Fanta Cream Soda® / Fanta Portello® / Sprite ZERO® and Coke ZERO®

175ml, 300ml - Returnable Glass Bottle (RGB)

 

1.3. Interested individuals being citizen(s) of Sri Lanka who are aged 18 years and above are eligible to participate this Promotion by purchasing the Promotional Products. This Promotion is only limited to the pack sizes and brands with yellow Closures as specified above and the Organiser, at its discretion reserves the right to reject any fake Closure submitted by any person in terms and conditions of this promotion.

 

1.4. Under each & every yellow Closure, a unique six (06) digit alphanumeric pin number (hereinafter referred to as “Pin Number") is printed.

 

1.5. All pre-paid and post-paid mobile users including commercial/corporate SIM users are eligible to enter into this promotion from any Mobile Operators phone in Sri Lanka. Fixed line phones (CDMA) are not eligible to use in this promotion.

 

1.6. During the term of this promotion, consumers will get a chance to win “ten (10) Huawei Y3 3G 2017 metallic grey colour smart phones (smart phones), 500 mobile reloads of Rupees 50/- each and 500 mobile reloads of Rupees 20/- each” per day during the Promotional Period which will be carried out through a Digital Raffle Draw Randomiser (hereinafter referred to as a ‘Draw’) which will be conducted in terms and conditions of this Promotion.

 

1.7. Products under the same brand which are not applicable for the Promotional offer will also be available in the market of Sri Lanka. Further, certain stock of the Promotional Product containing the Promotion offer may continue to be available even after the Promotion Period. However, Participants understand and agree that they will not be permitted to participate in the Promotion prior to the promotion period and/or after the expiration of the Promotion Period and agree not to raise any claim or complaint against the Organiser or its agents authorised representative/s or agents/s in this regard.

 

1.8. The Promotion is advertised and promoted, inter alia, through media including radio, digital media and by way of point of sale materials, outdoor publicity through banners, posters, billboards, public announcements, websites and other available media.

 

1.9. The terms and conditions (“Terms”) of this Promotion will be hosted at      lk.coca-cola.com (“Promotion Website”).

 

1.10. The Promotion is subject to all applicable laws and regulations in Sri Lanka.

2.

The Organiser and its authorised Agent/s or Partners

2.1 Coca-Cola Beverages Sri Lanka Ltd, of Tekkawatta, Biyagama is the organiser of this Promotion (“Organiser”).

 

2.2 ZMessenger (Private) Limited” (Hereinafter referred to as “ZMessenger”) is the authorised promotional technical service agency who will coordinate with all the mobile service providers on behalf of the Organiser during this promotion. ZMessenger is fully authorised and empowered to verify and validate any promotional Closure pin number and any winning Closure pin number to select the winners on behalf of the Organiser in terms & condition of this promotion.

 

2.3 The organiser will arrange one of its authorised agents to hand over the smart   phones for the respective winners in terms & conditions of this promotion.

3. 

Promotion Period

3.1  This Promotion will commence at 00:00:01 a.m. Sri Lankan Standard Time (“SLST”) on 15th January 2018 (“Start Date”) to 23:59 Hrs. i.e.11.59 p.m. on 15th March 2018 (“End Date”).

3.2 The Period between the Start Date and the End Date shall be called the “Promotion Period”.

 

3.3 Consumers can participate in the Promotion during the                       aforementioned time and be eligible to win prizes in accordance with the terms & conditions specified herein.

 

3.4 Eligible Consumers/Persons participating or wish to participate in the Promotion shall individually be referred to as “Participant” and collectively as “Participants” in terms and conditions of this promotion.

 

3.5 The Promotion will be closed for participation after the Promotion Period and under any circumstances the participants will not be eligible to participate in this Promotion and win Prizes after 23:59 Hrs. i.e.11:59 p.m. on 15th March 2017.

4. 

Prizes

 

       During the term of the promotion, the following gifts will be offered for the winners in terms & conditions of this Promotion (hereinafter referred to as the ‘Prizes’).

 

i.     Six hundred (600) Huawei Y3 3G 2017 metallic grey colour smart phones.

ii.     Thirty thousand (30,000) mobile reloads of Rs.50/- each.

iii.     Thirty thousand (30,000) mobile reloads of Rs.20/- each.

 

5. 

Participation

 

A consumer can participate in this Promotion by purchasing the Promotional Products” with yellow colour Closure subject to the terms & condition of this promotion.

 

6. 

Deemed acceptance of terms and conditions

6.1 Entry and participation in this Promotion will be deemed as an unconditional and an unequivocal acceptance of the terms & conditions of this Promotion including any modifications, revisions and amendments thereto.

 

6.2 The decisions of the Organiser shall be final and binding on the Participants in all matters related to the Promotion.

 

6.3 Further, the Participants recognise that these Terms may be modified by Organiser without any prior/public notice by posting the applicable terms and conditions of the Promotion. Organiser also reserves the right to cancel or terminate the Promotion at any stage without assigning any reasons whatsoever by complying the required process. Successfully entering the Promotion and winning Prizes are subject to all requirements set forth herein.

7. 

Eligibility

Entry and participation in this Promotion is open to Sri Lankan citizens (“Eligible Persons”) subject to the following:

Organiser and/ or Organiser’s authorised agent/s and /or ZMessenger and/or  their employees management, directors or contractors, or the family its affiliates, service and advertising agencies and their immediate families (spouses, parents, siblings, children and each of their spouses) and household members are not eligible to participate in the promotion.

 

8. 

Promotion Entry

 

8.1 Participants are eligible to participate in the Promotion and win Prizes in accordance with the terms and conditions of this Promotion by purchasing the Promotional Products.

 

8.2 If a Consumer purchase a Promotional yellow Closure product with the unique six (06) digit pin number (hereinafter referred to as “Pin Number"), the said consumer is inevitably eligible to receive the opportunity to enter into the Draw   to select the winner for the Prizes subject to the terms and conditions of this promotion. The said consumer has to send the 6 (six) digit alphanumeric pin number that is printed in the promotional yellow Closure to 2343 Via SMS by typing SP (Space) Six (06) digit pin number through any mobile phone in Sri Lanka.

 

8.3 Winners will be selected through a Draw conducted by the ZMessenger in the presence of the authorised representative of the respective Department. However, entering into the draw does not imply that the consumer is selected as a winner for a Prize of this promotion.

 

8.4 Consumer can SMS at any time of the day from 12 mid night on 15th January 2018 to 11.59 p.m. on 14th March 2018.

 

8.5 However, a consumer who sends an SMS by qualifying through entry point does not imply, the said consumer is eligible to receive a prize and/or to enter into the draw to select the winner for a Prize until the ZMessenger verify the pin number as set-out hereof.

 

8.6 6 (six) digit alphanumeric pin numbers will be verified by ZMessenger through its Data Base. Any incorrect, incomplete, wrongly formatted 6 (six) digit alphanumeric pin numbers will be rejected. The owner of the mobile number who has qualified through entry point (Hereinafter referred to as “the participant”) will receive within 24 hours a message worded " You have successfully entered the draw. Drink more, SMS more to win Prizes every day*. Visit lk.coca-cola.com to win prizes. *T&C Apply."

 

8.7 Rejected entries may receive the following messages.

 

(a) Upon serial number being used before: “The code has already been used & the entry is INVALID. Drink another Coke & SMS again with new code to Win Prizes every day **T&C Apply.”

 

(b) Upon typing an invalid code: "The code sent for Sprite Ekka Smart Wenna is INVALID. SMS as “SP<Space><6 digit code>” using the code under the Closure to Win Prizes every day * *T&C Apply.”

 

(c) Upon typing an invalid keyword: “The Keyword or Message format is INVALID. Please SMS in the correct format of “SP<Space><6 digit code>” to Win Prizes every day * *T&C Apply.”

 

8.8 All promotional Closures submitted/offered for Prizes are subject to verification and validation. A prize-winning Closure is invalid if it’s illegible, mutilated, tampered with, not obtained legitimately, has been transferred or exchanged (whether for consideration or not), contain printing, typographical, mechanical or other errors, or its prize indicator is unclear or it does not have the requisite code. Unclaimed Prizes will not be awarded after the promotion Period.

 

8.9 A Participant who purchase a Promotional yellow Closure product is entitled to send more than one SMSs to 2343 to win Prizes, subject to the terms and conditions of the Promotion.

 

8.10 The Organiser or its agent has the discretion to observe and reject any incorrect, incomplete, wrongly formatted, fake Promotional yellow Closure or other Closures.

 

8.11 The data in all the eligible Closures will be pooled at once and the winners will be selected randomly through a Draw in the presence of representatives of the Organiser, ZMessenger and the relevant Department.

 

8.12 From 1st of February 2018 onwards the Draw will be taking place every day from 10.00 a.m. to 8.00 p.m. to select winners of this promotion. After selecting the winner, the respective pin number will be removed from the pool. Therefore, every winning pin number has only once chance to win the prizes of this promotion including to enter the draw. However, one phone number can have multiple entries for the promotion with new pin numbers in terms  & conditions of this promotion.

Prizes and Winners

1) Winners for Huawei Y3 3G 2017 metallic grey colour smart phones (smart phones)  

 

Winning pin number will be selected through a Draw by ZMessenger in order to select the winners for smart phones, subject to terms & conditions of this promotion.

 

Winners should be selected from all participants and they will be included for the Draw to select ten (10) winners per day for smart phones (Hereinafter referred to as “Winners for smart phones “).

 

When the winning pin number is selected by ZMessenger, they will call the relevant winner to inform his victory subject to the genuineness of the Promotional Closure by a telephone call. In the event the winner failed to answer the call 3 times within 30 minutes continuously his or her winning opportunity will be automatically cancelled and his winning pin number will be removed from the next entry pool and under any circumstances his pin number will not be included for the draw at any other future date. At such occasion, the Organiser or ZMessenger should not take any responsibility of his or her failure to lose the opportunity to enjoy the prize of smart phones. 

 

It is mandatory that the winners for smart phones should produce the promotional Closure with the winning pin number, mobile authentication, winner’s full name, address and National Identity Card to prove their identity to ZMessenger for verification. ZMessenger shall also record winners’ convenient time & place for the delivery of the smart phones. Please note that all winners are required to preserve the Closure of promotional products. Winners will not be eligible to receive Prizes unless the corresponding Closures are preserved and produced to the Organiser’s authorised agent as the case may be in the manner outlined herein.

 

Any inquiry regarding any winning should accompany the genuine Promotional Closure.

 

The Organiser or Organiser’s authorised agent has the absolute discretion on behalf of the Organiser to scrutinise and reject any incorrect, incomplete, wrongly formatted, fake pin numbers or fake Promotional Closures, if presented as a selected pin number for the Draw. In the event that the Organiser’s authorised agent is in the opinion that the Promotional yellow Closure is incorrect, incomplete, wrongly formatted, fake pin numbers or fake Promotional Closure, Organiser’s authorized agent has the sole discretion not to hand over the Prize and to report the status to the Organiser

 

At the time of delivery of smart phone to the respective winner, he or she should produce the genuine promotional yellow Closure to the Organiser’s authorised agent with a copy of his/her National Identity Card or Valid Passport and acknowledge the receipt of the Prize as advised by the Organiser’s authorised agent. The winner should not hold the Organiser or Organiser’s authorised agent or ZMessenger responsible or in any way liable for consequences that may arise to the winner or to any other party as a result of the possession or use of the smart phone or its manufacturing defects.  

 

The winners for smart phones should render their fullest corporation to the Organiser’s authorised agent in handing over the smart phones in terms and conditions of this promotion.

 

If a winner of smart phone is under legal age, disable or suffering from an illness etc., his or her guardian or parent should act on behalf of the winner in terms of this promotion.

 

2) Winners who won the opportunity to get sixty thousand (60,000) Mobile Reloads of Rs.50/- or Rs.20/-  each.

 

Winning pin number will be selected through a Draw in order to select the winners to get Mobile Reload of Rs.50/- or Rs.20/-, subject to terms & conditions of this promotion.

 

Winners should be selected from all participants and they will be included for the Draw in order to select the thousand (1000) winners who will win the opportunity to get the mobile Reload of Rs. 50/- or Rs.20/- each (Hereinafter referred to as “winners of the Reloads).

 

When the winning pin number is selected by ZMessenger under the promotion entry for a Mobile Reload of Rs.50/- or Rs.20/-, the Mobile phone that qualified entry point will receive a Mobile Reload of Rs.50/- or Rs.20/-. Therefore, Mobile Reload winners will not be required to produce the corresponding Closure. However, if there is a dispute, it is mandatory to produce the corresponding Closure to the Organiser or to the ZMessenager.

 

In the event, the mobile phone that qualified for the Mobile Reload of Rs.50/- or Rs.20/- failed to receive the said Reload within 7(seven) days/time, the winning opportunity will be automatically cancelled and his/her winning pin number will be removed from the next entry pool and under any circumstances his/her pin number will not be included for the Draw at any other future date. At such occasion, the Organiser or ZMessenger should not take any responsibility of his or her failure to lose the opportunity to enjoy the prize of a Mobile Reload.

 

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Publicity

The Participants undertake and irrevocably and unconditionally permit the Organiser to cover the Promotion through various media including newspapers, radio, television including news and other channels, internet, point of sale materials, etc. and shall not raise any objection, protest or demur whatsoever to such coverage or in this regard.

Whilst the Organiser shall make all reasonable efforts, there is no obligation on the part of the Organiser to air any entry.

 

The Winners must, at the request of the Organiser, participate in all promotional activities (such as publicity and photography) surrounding the winning of the Prizes, free of charge, and they shall consent to the Organiser using their name and image in all promotional materials.

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Intellectual Property Rights

All rights, titles and interests, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all responses received shall vest solely and exclusively with the Organizer at all times.

The Organiser or any person or entity permitted by the Organiser in this regard shall be entitled to use any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the Participant.

All material submitted in connection with the Promotion (whether written, audio, electronic or visual form, or a combination of those or any photographs, video and/or film footage and/or audio recording taken of Participants) are assigned to the Organiser upon submission and become the property of the Organiser exclusively. Organiser may use the material in any medium in any reasonable manner as it sees fit. Copyright of any such material remains the sole property of the Organiser.

12 

General Terms & Conditions

This Promotion cannot be combined or clubbed together with any other Promotion, offer or scheme, organised or conducted by the Organiser or its authorised retailer/ outlet.

 

12.1 Decisions of the Organiser are final and binding. All promotional materials relating to this Promotion, including details on how to ratify and claim prizes are part of these conditions on entry.

 

12.2 The Organiser is entitled to revise, modify or cancel the Promotion entirely at any time during the Promotion Period of the Promotion for any reason whatsoever.

 

12.3 The Organiser  will  not be liable for failure or delay in offering  the Prizes in this Promotion or  to  modify and / or cancel the Promotion  in its total and to amend the Terms &  Conditions of entry to this Promotion  due to any act or event, unforeseeable, irresistible and beyond the control of the Organiser which shall be considered as a force majeure event and shall include fire, explosion, earthquake, storm, flood or other weather condition, unavailability of necessary utilities, war, insurrection, riot, act of God , a public enemy, law, act, order, proclamation, decree, regulation, ordinance, instructions of the Government , other public authorities or judgment and any act or any  event engaged in misleading or deceiving the Participants nor has it made any false representations in connection with this  Promotion.

 

12.4 Participation in this Promotion confirms acceptance of these terms & conditions of entry and the Organiser’s decision.   

 

12.5 All local laws and regulations apply to this Promotion.

 

12.6 Participants assume liability for any injury or damage sustained or claimed to be caused by the participation of the Promotion.

 

12.7 The Organiser, its affiliates, and related companies are not liable for any loss, damage, or injury by or to any person in connection with the Promotion.

 

12.8 By participating in the Promotion, the Participants (including the winners) are hereby considered to have consented to use, display, publication and reproduction of the information relating to the Winner including their images or likeliness and shall not make any claim in respect thereof from the Organiser or the Organiser’s authorised agent or ZMessenager.

 

12.9 Any cost involved in entering the Promotion by a consumer shall be borne by the particular consumer and shall not be reimbursed by the Organiser.

 

12.10 Entry and participation in the Promotion shall be deemed as an unconditional and unequivocal acceptance of these terms and conditions.

 

12.11 The Organiser disclaims liability for any physical or psychological injury or damage sustained or claimed to have been sustained by a consumer due to the participation in the Promotion.

 

12.12 For further inquiries, call the Hotline Number 0702261222 on working hours from 9.00 a.m. to 5. 00p.m during the Promotion period.

 

12.13 The titles to the paragraphs of this document are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Terms and Conditions applicable to this Promotion.

 

 

13 

Release and Limitation of Liability

13.1 By entering the Promotion, the Participants hereby shall  release from and agree to indemnify the Organiser and ZMessenger and/or the Organiser’s authorised agent  and/or any of its respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the prize or participation in the Promotion including (but not limited to) personal injury, damage to property, whether direct, indirect, consequential, foreseeable, due to some negligent act, omission, or otherwise.

 

13.2 The Organiser accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of themselves or third parties in relation to the prizes.The Organiser and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for any late, lost, misrouted, garbled or distorted or damaged transmissions or entries.

 

 

13.3 The Participant(s) shall be solely responsible for any consequences which may arise due to their participation in the Promotion by conducting an illegal act. Participant(s) also undertakes to indemnify the Organiser and their respective officers, directors, employees and agents in such an event (including without limitation on the cost of Attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by the Organiser on account of such an act on the part of the Participants. Participant(s) hereby agree to indemnify, defend and hold harmless the Organiser in case of any loss or liability (including but not limited to liabilities, judgments, damages, losses, fines and penalties, claims, costs and expenses such as attorneys’ fees and expenses) or any other loss associated with, arising out of or incidental to their ineligibility to participate, any untoward, rash or negligent act on their part, or non-compliance or alleged non-compliance with these Terms and Conditions, any other rules, regulations, directives (whether written or verbal) issued by the Organiser from time to time, during the Promotion.

 

13.4 To the fullest extent permitted by law, in no event will the Organiser or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that the Organiser may engage for purposes of the Promotion), be liable for any loss or damages (including, without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Promotion and/or the Promotion Prizes, even if the Organiser has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The Participant shall indemnify, defend, and hold the Organiser harmless in the event of there being any third party/entity/organisation claims arising from or related to his/her participation in the Promotion. In no event, shall the Organiser be liable to any Participant for acts or omissions arising out of or related to the Promotion or his/her participation in the Promotion.

 

13.5 In consideration of  the Organiser allowing the Participant(s) to take part in the Promotion, to the maximum extent permitted by law, the Participant(s) waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against the Organiser, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Promotion or related to the Promotion or the prizes of the Promotion.

 

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Dispute

14.1 The courts of competent jurisdiction at Colombo shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Promotion.

 

14.2 Participation in the Promotion is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this clause.

 

14.3 Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participants and/or the Organiser and/or Partners and Agent of this Competition, shall be governed and construed in accordance with the laws of the Republic of Sri Lanka.