TERMS AND CONDITIONS
A. The ‘Kurkure Paytm’ promotion ('Promo') is being jointly organized by PepsiCo India Holdings Private Limited (“PIH”) and One97 Communications Limited (“Paytm”) (collectively “Organizers”) having website located at URL ‘www.paytm.com’ and Paytm mobile application, Paytm IVR and Paytm WAP. Promo is valid only on the purchase of following products, hereinafter referred to as 'Products’:
(i) ‘Kurkure’ and its variants, of MRP INR 10/- (Indian Rupees Ten only)
(ii) ‘Kurkure’ and its variants, of MRP INR 20/- (Indian Rupees Twenty only)
(iii) ‘Kurkure’ and its variants, of MRP INR 35/- (Indian Rupees Thirty Five only)
*MRP inclusive of all taxes.
Promo is valid from 1st August, 2019 to 31st December, 2019, both dates inclusive, or till stocks last, whichever is earlier ('Promotion Period'), in the territory of India.
B. Participation is optional. Product may also be available without this offer for limited period, subject to availability of stock. By participating in this offer, You (hereinafter referred to as “Participant(s)” agree to be legally bound by and abide by the Terms & Conditions stated herein (T&C). Participant(s) confirm and acknowledge that Participant(s) has read, understood and agree to conform to these T&C. If Participant(s) does not agree to these T&C or are ineligible to participate, please do not participate in this offer. Paytm reserves the right to amend, modify, change, add or terminate these T&C or discontinue this offer without any further notice.
i. Promo is open to all Indian citizens residing in India, above 18 years of age (‘Participant’). The Promo is not open to (a) the employees of Organizers, (b) their respective family members, employees of Organizers’ respective associate companies, bottlers, partners, alliances, JV partners, co-packers, distributors, agents, advertising and promotional agencies and auditors and their associate companies persons who are not "competent to contract" within the meaning of the Indian Contract Act, 1872. Where it comes to the knowledge of Paytm and/or PIH that any of the ineligible persons have participated in the Promo and/or received the Cashback, Paytm and/or PIH reserve the right to disqualify such person from the Promo, forfeit the Cashback and/ or cancel the Promo.
ii. The Participant should be a registered user of Paytm registered in India and have a bank account linked with Paytm Unified Payments Interface (“UPI”) (as per RBI guidelines) and verified mobile numbers on Paytm.
iii. Where the Participant(s) does not have a bank account linked with Paytm UPI, the Participant will have to link bank account with Paytm UPI to receive Cashback.
iv. The linking of one’s bank account with Paytm UPI shall be subject to conditions imposed by the Reserve Bank of India (RBI).
- The Promo is conducted under the supervision of an independent auditor.
- HOW TO PARTICIPATE:
i. The Participant will need to purchase any Product (as defined above) to participate in the Promo, the Participant has to look on the inner wall inside the pack of the purchased Product, where he/she will find a 16 digit code (“Paytm Code”)
ii. The Participant (recognized by his/her mobile no. registered on Paytm) can receive Cashback under Promo up to a maximum of five times only during the Promotion Period, through use of five different codes by purchase of five different Product packs. Participant shall not be eligible to receive the Cashback on subsequent purchases of Products. Any participation without the Paytm Code or with an invalid code, will not be considered to receive the Cashback.
iii. Participant shall, after obtaining the Paytm Code by purchasing the Product, log on to the following webpage - https://paytm.com/redeem-coupon-¬code/kurkure (“Platform”), log into his/her account (or create an account if he/she does not already have an account) and follow the following steps to redeem the Paytm Code and receive the Cashback:
a) Enter login credentials
b) Enter the Code as prompted on the said page.
Participation and applying the Paytm Code once on the Platform, as per these terms and conditions, will entitle such participant to receive cash of INR 10/- (Indian Rupees Ten only) or INR 20/- (Indian Rupees Twenty only) or INR 35/- (Indian Rupees Thirty Five only) in his/her bank account linked with Paytm UPI (“Cashback”). The amount of Cashback would be equivalent to the MRP of the Product bought by the Participant. Participants can avail the Cashback a maximum of five times.
- CONDITIONS APPLICABLE ON ENTERING PAYTM CODE and CASHBACK:
i. The Paytm Code can be redeemed only till 23:59 hours IST on December 31, 2019.
ii. The Paytm Code is valid for redemption only on the Platform paytm.com/redeem-coupon-code/kurkureand not on any other Paytm platform such as mobile app.
iii. The Paytm Code is for one-time usage only and can be applied only once per Paytm linked mobile no.
iv. Only five Paytm Codes from this Promo’s list of codes can be clubbed per mobile no.
v. Cashback will be credited to the bank account of the Participant within 24 (twenty four) hours of entering the Paytm Code on the Platform, as per the steps mentioned above. Provided that the bank account of the Participant must have been linked with Paytm UPI at the time of submission of the Paytm Code.
- Paytm is responsible for providing the Cashback to the Participants/winners.
- This entering of the Paytm Code will be considered as the entry of the Participant. Entries are deemed to be submitted at the time of receipt of the Paytm Code into Paytm’s database, and not at the time of transmission by the participants. Organizers do not guarantee submission of Paytm Code(s) on the Platform and are not responsible in case the Paytm Code does not get submitted due to any reason, including network problem. The database of Paytm Codes maintained by Paytm shall be considered final and no correspondence in this regard shall be entertained.
- It is clarified that in addition to these terms and conditions, the Participant shall at all times be bound by the terms and conditions as imposed by Paytm on usage of its websites, microsites, purchase of services, KYC, UPI etc.
- Organizers shall not be responsible for failure to provide the Cashback to the Participant(s) or any downtime on the services, caused due to technical or other factors attributable at the end of Paytm that may occur for reasons including but not limited to failure of hardware equipment, configuration issue, decisions, change in marketing plans and / or changes in regulations that are carried out by any judicial or quasi-judicial or regulatory body.
- The Cashback to the Participants shall be given subject to compliance with these terms and conditions, all applicable statutory legislations and laws, processes and formalities in connection with the Cashback and on production of all such documents/papers as may be required by Paytm. Any failure on the part of the Participant(s) to comply with directions issued by Paytm for Cashback shall entitle Paytm to forfeit the Cashback or roll the Cashback over to the next eligible Participants(s), at their sole discretion.
- Subject to any applicable law (a) all warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED including, but not limited to, meeting of the Participant's requirements or aspirations, timeliness, security, the results or reliability of the Promo, delay in receiving the Cashback or any other communication for participating in the Promo, delay in time taken for the process, or the delivery, quality, quantity, merchantability, fitness for use or a particular purpose or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Promo or any transactions effected through the Promo; (b) the Participants expressly agree that participation in the Promo is at his/her sole risk and discretion and is governed by the terms and conditions herein; and (c) no advice or information whether by representations, oral, written or pictorial derived from the Platform including but not limited to websites/ SMS/mobile apps, shall be construed to mean the giving of any warranty of any kind whatsoever. Organizers do not make any commitment or warranty, express or implied to respond to any feedback, suggestion and/or queries of the Participant(s).
- The prizes are non-transferable, non-returnable, non-refundable and non-negotiable. No requests for transfer or assignment or redemption of the benefits shall be entertained.
- The offers under this Promo cannot be clubbed with any other offer.
- The decision of Organizers shall be final with respect to all matters relating to this Promo and the result of this Promo and shall not be subject to review or appeal by any customer or by any third party.
- The authorized owner 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 having the same mobile number, inadvertently.
- Organizers shall not be liable for:
i. any incorrect, incomplete or inaccurate information, whether caused by website 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 website;
ii. any printing or typographical errors in any materials associated with the Promo, injury or damage to the Participant or any other computer or mobile resulting from downloading any materials in connection with the Promo.
- All Paytm service related complaints/queries etc. shall be directly taken up by the participants with Paytm at ___paytm.com/care_____________, and not with PIH in any circumstances whatsoever.
i. THE PARTICIPANTS SHALL NOT BE ENTITLED TO PARTICIPATE IN THIS OFFER WHEREVER THE OFFER IS DECLARED INVALID OR ILLEGAL BY THE COURT OF COMPETENT JURISDICTION OR APPLICABLE LAW, AND THE OFFER SHALL NOT BE APPLICABLE AND /OR STANDS WITHDRAWN FORTHWITH IN SUCH JURISDICTION.
ii. The Organizers 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.
iii. By participating in this Offer:
- The Participants hereby irrevocably authorize Paytm and their respective owners, affiliates, subsidiaries, associates and grants a royalty-free and perpetual right to use as per Paytm’ s discretion any and all data gathered during and/or after the Promo in respect of the Participant (including but not limited to name and photograph and other personal details) for the purpose of this Promo and or in any of its communications including marketing promotions along with or without Paytm’s brand and advertisements, social media, platforms or any other public domain.
- Participants hereby consent to the information being shared by Paytm with its affiliates and service providers / Company in order to provide the Cashback.
- Participant/s confirms and hereby waives the applicability of rules and regulations of the National Do Not Call Registry and agrees to receive updates and promotional messages/SMS/Email/Call for current and future contests offers from Paytm.
iv. Organizers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify the Promo or any part thereof including the eligibility criteria, the T&C at its sole and absolute discretion, as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Participant(s).
v. Charges and expenses borne by any Participant for participating in the Promo, for example, purchase of Product, internet charges for submitting the Paytm Code etc. shall not be claimed from the Organizers and the Participants shall continue to be liable for them.
vi. All material and content contained in Paytm Platform is made available for Participant's personal and non-commercial use only. Any other use of the material/content on Paytm Platform and/ or any information disseminated by SMS or any other means of communication are strictly prohibited.
vii. By participating in the Promo, Participant(s) have given the right to Paytm and PIH to use Participant’s name, photograph and other personal details for the purpose of this Promo including announcing their name(s) as eligible participant on social media, Paytm Platform, or in any other public domain.
viii. Decision of the Organizers will be final and binding with regard to Promo and no correspondence will be entertained in this regard.
ix. By participating in this Promo, it is deemed that the Participant has read, understood and agreed to these terms and conditions, and that the Participant unconditionally and irrevocably accepts and agrees to be bound by all these terms and conditions as stated herein. In the event that any person is found to be ineligible or in breach of these terms and conditions, then Organizers shall have the right, but not the obligation to disqualify such person from the Promo forthwith, with no obligation to compensate such person in any manner.
x. Prize is not transferable and no cash payment (via legal tender notes or any other mode, except for Cashback as defined above) will be made in lieu of the Cashback.
xi. In the event of a death of a Participant, no claim from his/her nominees or legal heirs will be entertained for receiving the Cashback.
xii. In case a customer finds a Product pack with a defective label which does not carry a Paytm Code (due to technical reasons) and files a complaint for the same or approaches the Organizers with this complaint, the Organizers’ liability would be limited to providing the complainant with a new pack of the Product to enable him/her to participate in the Promo as per T&C. The complainant cannot demand any monetary or other compensation for the same. At the Organizer's request, winner of prizes 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 Organizers 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 Promo (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Organizer.
xiii. Other than the costs expressly and unconditionally agreed herein to be borne by the Organizers, Participants will have to bear incidental costs, if any, that may arise for redemption of the Prize.
xiv. Organizers shall not be responsible for any loss, injury or any other liability arising out of the Promo.
xv. The Promo is subject to force majeure circumstances including without limitation, floods, natural disasters, war, and act of terror, political unrests, technical snags, act of God, change of laws or technical errors or failure or any circumstance beyond the control of Paytm or PIH (“Force Majeure Event”). Paytm or PIH shall not be liable for any delay or adverse effect or failure or breach or damages or act or omission caused to this Promo or Participant(s) as a result of a Force Majeure Event. Where practicable, Paytm and/or PIH may intimate the suspension of the Promo caused as a result of such Force Majeure Event to the Participant(s) within reasonable time.
xvi. Failure by Paytm and/or PIH to enforce any of its rights at any stage does not constitute a waiver of those rights. Paytm and/or PIH may assign any of its rights hereunder to any party without prior intimation to Participant(s). Participant(s) shall not assign any of its right or obligations hereunder to any other party.
xvii. The Participant(s) shall indemnify and keep indemnified Paytm and PIH and their respective officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which Paytm/or PIH may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the Participant(s) under this Promo and its T&C hereunder, any product or prize provided in connection therewith and/or any failure by the Participant(s) to comply with applicable law and any third party claim in respect of misuse of any information of a third party. Paytm/PIH shall have the right to defend themselves, pursuant to this clause, at the cost of the Participant(s). Paytm and/or PIH or their respective affiliates or associates or agents shall not be responsible or liable to Participants or any third party, for any direct and or indirect losses, damages or claims of whatsoever nature including (a) incidental, special, punitive or consequential damages, loss of profits, technical errors or failures, mobile connectivity, delay in sending or receiving the SMS or any other communication to the Participants, or any action that has been initiated, actioned or completed through Participants mobile phones, failure of servers or the failure to provide the updates or any failures arising out of technical snags or inability of the Participant to listen or observe the Promo or T&C, or (b) any personal loss or injury that may be suffered (including loss of life) by a Participant(s) and/or any third party, directly or indirectly, by use or non-use of the Promo or Cashback or Paytm Platform or Product(s) purchased.
xviii. Participant(s) acknowledge and agree that all the right title and interest in and to any or all copyright and trademarks and all other intellectual property rights in the Paytm Platform, App content, all its associated website linked with Paytm Platform, and all material or content related to the Offer and or Paytm Platform shall, at all times, be owned by and vested with Paytm and/or their respective owners including Paytm Mall.
- Organizers or their respective affiliates or associates or agents shall not be responsible or liable to Participants or any third party, for any direct and or indirect losses, damages or claims of whatsoever nature including (1) incidental, special, punitive or consequential damages, loss of profits, technical errors or failures, mobile connectivity, delay in sending or receiving the SMS or any other communication to the Participants, or any action that has been initiated, actioned or completed through Participants mobile phones, failure of servers or the failure to provide the updates or any failures arising out of technical snags or inability of the Participant to listen or observe the Offer or T&C, or (2) any personal loss or injury that may be suffered (including loss of life) by a Participant(s) and/or any third party, directly or indirectly, by use or non-use of the Offer or Cashback or Paytm Platform or Product purchased or booked through Paytm Platform.
- All incidental costs, taxes or levies related to the Offer and Cashbacks, if any, shall be exclusively borne by the Participants(s), including but not limited to TDS, gift tax (if any), insurance and any other taxes applicable by the Central, State or Municipal government.
i. Any Participant(s) providing any incorrect information or concealing/withholding any information from Paytm with intent to participate and/or be chosen for Cashbacks under the Offer will automatically be disqualified from participating in Offer and being chosen for the Offer or any other offer or cashback. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, domicile, contact number etc. by the Participant(s) or dispute with Paytm Platform shall entitle Paytm to disqualify the Participant from participating in the Offer without any further intimation or notice.
ii. Any dispute arising out of the Promo and or the T&C shall be attempted to be resolved amicably through negotiations with the Paytm and/or PIH representative(s). In the event amicable settlement fails, such dispute, shall be referred to mediation, the venue of mediation shall be at Delhi. The Offer and the T&C are subject to Indian laws and the exclusive jurisdiction of the Courts in New Delhi.
iii. At the end of the Promotion Period, all of Organizer’s obligations in regard to the Promo shall terminate.
iv. In no event the entire liability of Organizers towards a Participant under this Promo shall exceed the amount of maximum Cashback eligible to such Participant under this Promo.
v. Organizers shall not be liable to for any indirect, punitive, special, incidental or consequential damages arising out of or in connection with the Promo.