TERMS AND CONDITIONS FOR SHOWER BOLD CONTEST 2020

Terms and Conditions

• This Contest is being conducted by Kohler India Corporation Private Limited (“KICPL”) for the consumers above the age of 18 years as of the start date of the Contest and therefore, subject to the other eligibility criteria contained herein. These terms and conditions apply to every person entering the Contest (“participant (s)”). The Contest will be open for participation from 00:00 IST on 15th October 2020 till 23:59 IST on 31st January, 2021 (“Contest Period”).
• By entering the Contest, all participant(s) are deemed to have accepted and agreed to abide by these terms and conditions. KICPL reserves the right to extend, cancel, discontinue, withdraw, postpone, change, alter or modify the Contest or any part thereof including the eligibility criteria and the Prize (as defined under Clause 10 below) at its sole discretion at any time as may be required in view of business exigencies and/or changes by applicable government orders or statutory changes and the same shall be binding on the participant(s). In case of any change or alteration of terms and conditions, it shall be the responsibility of the participant(s) to familiarize themselves with such modified terms and conditions and KICPL shall assume no responsibility to intimate any participant separately.
• The Contest shall be open to individuals being Indian Citizens. Interested individuals are eligible to participate in the Contest by purchasing the eligible product SKUs (in the form of 8 SKU combo at discounted price) available at select retail outlets(s) of KICPL’S nominated dealer(s). This Contest is only limited to the Promotional Products as specified in the present Contest.
• Any of the employees, distributors, wholesalers, affiliates, retailers, business partners, vendors, agencies of KICPL or any of its group companies, or their immediate family members shall be ineligible to participate and win in the Contest.
• Participation in the Contest is optional. To participate in the Contest, the participant(s) (including those residing in the State of Tamil Nadu) has to use one of the following modes to complete the participation process after purchasing the eligible SKU during 15th October, 2020 till 31st January, 2021 from KICPL’S nominated dealer: (i) follow the instructions (on the Contest microsite: www.boldoffers.in), complete the webform available on the said microsite and upload the invoice copy; or (ii) Complete the Contest registration form available at KICPL’S nominated dealer’s retail outlet(s) and send an image of the completed form along with the image of the invoice to the following Mobile Number: 8130-355-499; or (iii) Through whatsapp, by sending personal details (participant(s) full name, e-mail address & address) and image of the invoice to the following Mobile Number: 8130-355-499. A link will then be shared with the participant(s) on WhatsApp. The participant(s) will have to click on the said link to review and accept the Contest terms & conditions in order to complete the participation process.
• The participant(s) residing in the state of Tamil Nadu may, after purchasing the Promotional Products and within the Contest Period, log on to the Contest microsite: www.boldoffers.in, follow the instructions therein for the participants residing in the State of Tamil Nadu and can submit their entry to complete a slogan i.e. “I LOVE KOHLER BECAUSE…….” (Maximum 50 words). The slogans submitted by the participants (who must be residents of Tamil Nadu) would then be adjudicated (on the basis of creativity, uniqueness, and originality) by independent panellist(s), as appointed by KICPL to select the winner of the Contest in the State of Tamil Nadu. Any cost involved in entering the Contest by a participant shall be borne by the participant(s) and shall not be reimbursed by KICPL.
• Stocks of the Promotional Products without the promotion offer will also be available with KICPL and/or its business partners. Further, certain stock of the Promotional Products covered by this promotion offer may be available before commencement of the Contest Period or continue to be available even after the Contest Period. However, participant(s) understand and agree that they will not be permitted to participate in the Contest after the expiration or prior to start of the Contest Period and further, agree not to raise any claim or complaint against KICPL or its business partners in this respect.
• This promotion cannot be combined or clubbed together with any other promotion, offer or scheme organized or conducted by KICPL or its authorized retailer/ outlet.
• Only participant(s) with complete profiles would be considered as valid entries for the Contest. Every entry must include details of name, address, contact number and email ID. Entry by proxy is not permitted. Participant(s) can only enter in their own name. Once the participant(s) have submitted/uploaded the information on the microsite or through other modes mentioned in Clause 5 above, participant(s) are not allowed to request for removal, editing or altering the entry in any manner whatsoever.
• Prize: Participant(s) participating in the Contest will get an opportunity to win a Gold Coin. The details of which will be shared in a separate intimation, in accordance with the terms and conditions of this Contest. It is hereby clarified that there shall be 100 Lucky winners of the Contest who will get a chance to win a Gold Coin. The winners shall be selected from PAN India (Including Tamil Nadu).
• Mere participation/submitting entries in the Contest does not entitle the participant(s) to win the Prize.
• The Prize will be awarded to the winners pursuant to verification and in accordance with these terms and conditions. The Prize under the Contest is not transferable, assignable or exchangeable for cash equivalent. Only the Prize winners and no other person including their family members, may claim the Prize.
• A participant is eligible to win the Prize, only once and as per the terms and conditions of this Contest.
• It is clarified that the material specifications of the Prizes and all related aspects thereto, will be at the sole and absolute discretion of KICPL and will be made available on an as-is-where-is and whatever-is-available basis. KICPL makes no representations and disclaims all express, implied, and statutory warranties of any kind to the participant(s) and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability or fitness for any particular purpose.
• All entries to the Contest will be automatically disqualified without notice if the eligibility criteria stated herein is not being met or if the participant(s) uses his/her submission for commercial benefit using KICPL’S or its affiliates name(s). In any case at any time, KICPL becomes aware any of the winner has obtained any Prize in violation of the Contest terms and conditions, KICPL shall have right to initiate appropriate legal proceedings against such ineligible winner.
• Selection of Winner: (i) A lucky draw will be conducted for the participant(s) from PAN India (including Tamil Nadu) on First week of March, 2021, wherein winners will be selected on through randomizer tool amongst the valid entries received through Contest microsite (www.boldoffers.in) / WhatsApp (on the number: 8130-355-499)/ physical form (as per the process set out in para 5(ii) above) for the participant(s) from PAN India (including Tamil Nadu). (ii) For the participant(s) from the state of Tamil Nadu, selection of the winner shall be made on the basis of creativity, uniqueness, and originality of the slogan of the participants as received through the Contest microsite (www.boldoffers.in) and will be selected amongst the 100 Lucky winners only, as judged by independent panellists appointed by KICPL. The decision of these independent panellist shall be final and the participant(s) shall not raise any claim or complaint against KICPL in this regard. (iii) All the winners will be announced in the First week of March, 2021 and the claim shall be dispatched at their registered address (iv) In case the winner/s does not respond to the e-mail sent by KICPL within the stipulated time or does not respond to the call made by KICPL by the above mentioned date, the next participant(s)/second best entry (as the panel may select) for the slogan shall stand a chance to win. (v) This selection of the winners shall be final and binding upon the participant(s). (vi) The winners shall be intimated through email/telephone by KICPL to the email id/telephone of the winner that he/she has provided during submission made at the time of entering in the Contest. The participant(s) hereby understands and agrees that the responsibility of KICPL is limited only to the extent of communicating it to them about winning the Contest and the Prize won by them.
• Participant(s) expressly agree and give their consent to be contacted by KICPL or its partner agency for the purpose of this Contest even if they are registered under National Do Not Call Registry or Do Not Disturb Register or such equivalent registry as may be applicable.
• Winner(s) need to send in their complete details within the stipulated time period following announcement by KICPL. The documents required to be submitted along with the claim by the winner shall include the following (the document list is only inclusive and not exhaustive) and KICPL, at their sole discretion may insist on such further proof as it may deem fit: (i) Address Proof; (ii) Invoice for the Promotional Products purchased; (iii) Letter of Compliance with rules and regulations etc. in the manner prescribed.
• These details will be required for record. Compliance with respect to statutory obligations/taxes, levies and duties due and owing under applicable laws in connection with Prize will be the responsibility of the winners. Any failure on part of the participant(s) to provide any such document as deemed necessary by KICPL, KIPCL shall at its sole discretion either forfeit the Prize or pass it on to the next winner.
• KICPL or its partner agency pertaining to the Contest shall attempt to contact the winners. However, KICPL is not responsible for failure to contact any winner(s) and will not be responsible for following up or awarding the prizes to any selected winner(s) who do not respond to e-mail or telephone calls regarding the same, within reasonable timelines or the timelines specified above, as the case may be, for any reason whatsoever.
• It is also understood and agreed by the participant(s) that mere participation to this Contest during the Contest Period, does not entitle the participant (s) to claim the Prize. He /she should be a selected/ declared Winner by KICPL in conformity with the terms and conditions (including the section captioned “Selection of Winner”), to claim the Prizes(s) mentioned herein.
• The participant(s) undertake and irrevocably and unconditionally permit KICPL, or any entity approved by KICPL to cover the Contest and/or any and all aspects relating thereto 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.
• The winner(s) must, at the request of KICPL, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prizes, free of charge, and they consent to KICPL or any entity approved by KICPL using their name and image in all promotional materials.
• Contest entries and any materials (whether in written, audio, electronic or visual form, or a combination of those) of the participant(s) will be deemed to be the property of KICPL and KICPL shall have the right, in perpetuity, to use the material in any medium (including internet) free of charge and in any reasonable manner it sees fit. All present and future intellectual property rights in any such material become and remain the sole property of KICPL. The participant(s) hereby expressly, irrevocably and unconditionally waives, to the maximum extent possible, all moral rights to which he/she may now or at any time be entitled in respect of any video, photo, film or other document protected by intellectual property rights.
• Participant(s) understand that the information they provide would be used by KICPL for marketing communications, product updates etc. in the future and by taking part in the Contest they are expressly giving their consent for such usage to KICPL. By submitting an entry, the participant(s) acknowledges and agrees to their personal information being made a part of KICPL’s database. These details shall be used for communication to enhance Kohler as a brand and promote the visibility of the brand Kohler. KICPL would retain the rights to use all entries for marketing and promotional purposes.
• Failure to comply with any of these terms and conditions (including instructions) will disqualify any participant from continuing to take part in the Contest and such participant's participation will be invalid. KICPL retains the sole discretion to refuse participant(s) the right to participate if it is of the view that these terms and conditions are being violated.
• By entering this Contest, the participant(s) agrees and undertakes not to hold KICPL and/or any of their group entities or affiliates, their respective directors, officers, employees, agents responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses (however named or described) that the Participant may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of the present Contest or the Prize awarded.
• The participant(s) shall be solely responsible for any consequences which may arise due to their participation in the Contest including by conducting an illegal act. Participant(s) also undertakes to indemnify the KICPL and its officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by KICPL on account of such act on the part of the participant(s).
• KICPL, its affiliates, sponsors and related companies are not liable for any loss, damage, or injury by or to any person in connection with the Contest.
• In consideration of KICPL allowing the participant(s) to take part in the Contest, 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 KICPL, 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 Contest or related to the Contest or the Prize of the Contest.
• All participant(s) acknowledge and agree that the decisions of KICPL with respect to all aspects of the Contest are final and no correspondence will be entered into in this regard.
• KICPL accepts no responsibility for difficulties experienced by the participant(s) in submitting the entries. KICPL is not liable for any problems, errors, or negligence that may arise or occur in connection with this Contest, including but not limited to lost, late or misdirected computer transmission or network, electronic failures of any kind or any failure to receive entries owing to transmission failures or due to any technical reasons, any damage to the participant's computer or other technical device, or software, as a result of the participant's participation in this Contest. KICPL shall not be liable in any way for any failure or breach by any party in connection with this Contest, Prize or Prizes and accepts no responsibility for any loss suffered by a participant(s) arising from this Contest, Prize or Prizes.
• KICPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties in relation to the Prize. KICPL, its partner agency and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for cancellation of the match, flights or any late, lost, misrouted, garbled or distorted or damaged transmissions or entries or documents.
• By entering the Contest, the participant(s) hereby release from and agree to indemnify KICPL and/ or its affiliates, any of its respective officers/employees, sponsors, agents etc. from and against all liability, cost, loss or expense arising out of acceptance of the Prize or participation in the Contest including (but not limited to) personal injury and damage to property and whether direct, indirect, special or consequential, foreseeable, due to some tort, negligent act, breach of statutory duty, or omission, or otherwise. While accepting the Prize, the winner may be required to sign an “indemnity and release of claims” form at the sole discretion of KICPL, which shall release KICPL of all the liability under the terms and conditions. Failure to complete and sign any documents requested by KICPL may result in disqualification and selection of an alternate winner. All decisions of KICPL are final in this regard.
• Participant(s) must comply with all anti-corruption and anti-bribery laws applicable in India, U.S and globally.
• The Contest is valid subject to compliance of all formalities as required by KICPL from time to time. Any failure on the part of the participant(s) to comply with the specified formalities shall disqualify the participant(s).
• The Contest is subject to all applicable central, state and local laws and regulations in India and the courts of competent jurisdiction at New Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Contest.