Sprite, Coca-cola and Fanta Promotion – Nepal

(“TERMS AND CONDITIONS”)

Promotion Details, Concept and Participation

  • Sprite, Cocacola and Fanta Promotion (“Promotion”) is a consumer promotion conducted by [Max L’agence] on behalf of Bottlers Nepal Ltd (BNL) & Bottlers Nepal (Terai) Ltd (BNTL) (“BNL & BNTL”), wherein individuals can enter the online Promotion leader board by entering the correct serial number found behind the label of the Promotion Products and will get the opportunity to win the prizes (a “Prize “and collectively the “Prizes”) mentioned in clause 8 (eight) through the Lucky Draw, in accordance with the terms and conditions mentioned herein.

    The Promotion shall be valid for the individuals residing in Nepal (“Promotion Territory”) and shall be void where prohibited by law. The Promotion shall be applicable on the PET packs of 250ml, 500ml, 1L, 1.5L and 2.25L of brand “Sprite” and brand “Fanta” with the Promotion label (“Promotion Products”). It is hereby clarified that stock of BNL& BNTL Products without the Promotion offer will also be available across the Territory.

    By participating in this Promotion, the Eligible Persons as per Clause 5 (each a “Participant”) accepts and agrees to abide by these terms and conditions of the Promotion (“Promotion Terms”). It is hereby clarified that the Participant may participate in the Promotion multiple times, but he/she shall be eligible to win the Prize only once under the Promotion.

    The Promotion is subject to all applicable federal, provincial and local laws and regulations.

    These Promotion terms and conditions (“Terms”) will be hosted at www.sprite.com.np (“Promotion Website”).

 

BNL ,BNTL and Partners

  • This Promotion is conducted by [Max L’agence], having its corporate office at [Max L’Agence 078-79 Kupondole Lalitpur NepalEmail: account@maxlagence.com],  on behalf of BNL & BNTL.

 

Deemed acceptance of terms and conditions

  • Entry and participation in this Promotion will be deemed as an unconditional and an unequivocal acceptance of these Terms, including any modifications, revisions and amendments thereto. The decisions of BNL& BNTL shall be final and binding on the Participants in all matters related to the Promotion. Further, the Participants recognize that these Terms may be modified by BNL & BNTL from time to time without any prior/public notice by posting the applicable terms and conditions on the Promotion Website. BNL & BNTL also reserves the right to cancel or terminate the Promotion at any stage without assigning any reasons whatsoever. Successfully entering the Promotion and winning a Prize is subject to all requirements set forth herein.

 

Promotion Period

  • This Promotion will commence on 24 July, 2022 (“Start Date”) and will continue until 4th September, 2022 (“End Date”). Any entries received outside the Promotion Period shall not be eligible for the Prize(s) and shall not be carried forward to any other promotional scheme ahead.

    Further, certain stock of Promotion Products containing the Promotion offer may continue to be available even after the Promotion Period depending upon full discretion of BNL/BNTL.  Prospective Participants (defined below) understand and agree that they will not be permitted to participate in the Promotion after the expiry of the Promotion Period and further, agree not to raise any claim or complaint against BNL & BNTL, its affiliates or its agents in this respect.

 

Eligibility

 

Subject to the criteria of Promotion Territory, entry and participation in this Promotion is open to individuals who satisfy each of the following criteria (“Eligible Persons”):

  1. Must have attained 18 (Eighteen) years of age;
  2. own a valid cellular GSM or CDMA phone connection that is accessible at all times;
  3. are not management, employees, directors or contractors, or the family of the management, employees, directors or contractors of BNL & BNTL,their related entities or other agencies, firms or companies associated with or related to the Promotion (including suppliers of Prizes.

Please note that any entry received from Province or area other than the Promotion Territory shall be declared as null and void and shall not be taken into consideration for determining the Winners of the Prize.

Eligible Persons participating or seeking to participate in the Promotion shall individually be referred to as “Participant” and collectively as “Participants”.

If any Eligible Person has listed his/her phone numbers on any national Do Not Call Registry or its equivalent in the Territory (“NDNC Registry”), he/she shall de-register from the NDNC Registry prior to participating in the Promotion, till the completion of the Promotion (including availing of the Prize (if applicable) under the Promotion). Such persons agree not to make any claim or raise any complaint whatsoever against BNL & BNTL in this respect. Please note that persons intending to participate in the Promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against BNL& BNTL, if they do or do not receive any call or SMS with respect to their application, participation and all other matters pertaining to the Promotion.

By participating in the Promotion, each Participant hereby agrees to receive details and information on this Promotion, on their respective mobile phones, through SMS or voice calls, during the entire tenure of the Promotion.

 

How to enter the Promotion

 

Participants may enter the Promotion through two methods:

  • Participant must scan the QR code on the Promotion Product label and log onto to www.sprite.com.np, and enter his/her name and registered mobile number to participate in the Promotion. Upon receiving the receive One Time Password (OTP) on the Participant’s mobile number, the Participant must enter the Serial Number on the backside of the Promotion Product label.

OR

  • Participant must SMS the Serial Number on the backside of the Promotion Product label along with their full name to 34949 in the following SMS format:

Brand Sprite

<SPRITE><space><unique code><space><full name>

Brand Cocacola

<COCACOLA><space><unique code><space><full name>

Brand Fanta

<FANTA><space><unique code><space><full name>

 

Participating in the Promotion 

The Participant can play the game subject to the following terms:

  1. The Participant logs on to www.sprite.com.np and enters his/her name and mobile number.
  2. The Participant verifies the shared mobile number using OTP shared via an SMS and enters unique alphanumeric code, available behind the label of the Promotion Product (“Serial Number”).
  3. The Participant checks a checkbox to confirm that he/she is older than 18 years in age and shares his/her consent to the Terms and Conditions and Privacy Policy for the Promotion.
  4. Alternatively, Participant must SMS the Serial Number on the backside of the Promotion Product label along with their full name to 34949 in the specified SMS format in Clause 6. By sending of such SMS, the Participant confirms that he/she is older than 18 years in age and shares his/her consent to the Terms and Conditions and Privacy Policy for the Promotion.
  5. One single Participants can submit any number of entries for the Promotion leader board.
  6. Winners will be chosen from amongst the valid entries on the leaderboard through computerized random selection in the format of a lucky draw (“Lucky Draw”).
  7. Once an entry is submitted and published, Participants are not allowed to request for removal, editing or altering the Entry in any manner whatsoever.
  8. It is hereby clarified that a fresh leaderboard shall be created each week for the weekly leaderboard under the Promotion and no entries of the previous week’s leaderboard shall be carried forward to the next Promotion Period week.
  9. BNL & BNTL will not be responsible for loss of opportunity to participate in Promotion due to any technical, network related error. Eg: The session ends abruptly or the user is not able to finish submitting entry.

Entry by proxy is not permitted. Participants can only enter in their own name. The Participants shall be solely responsible for any local calls / STD charges applicable by their telecom service providers on the Promotion entries.

 

 

Prizes and Winners

 

  • Participants shall be eligible to win an Hourly (Between 10 am-7 pm, 9 hourly opportunities to participate) and Weekly Prize(s) based on the Lucky Draw (defined below) during the Promotion Period (each a “Winner”), as per the following:

    Hourly (9 times during the day 10 am -7pm)

    Every day during the Promotion Period, 9 participants with valid entries will be selected through the Lucky Draw to win one Smartphone each with one Lucky entry from each hour during 10am -7pm.

    For instance, all entries between 10.00 am -11.00 am will be considered for 1st draw and all entries after 11.00 AM and till 12.00 noon will be considered for 2nd draw.

    Any entries after 7.00 pm will be added to the first draw of next day. For instance, a valid entry received at 8.30 PM on 24th July, 2022 will be considered as participating entry for draw on 25th July, 2022 during 10.00am-11.00am.

    Weekly

    Every week during the Promotion Period, 3 Participants with highest number of Serial Numbers uploaded against their mobile number for that relevant Promotion Period week will be eligible to SmartTV (2) and SmartPhone (1).

    It is hereby clarified that, any Participant who has already won a Prize of the SmartTv or SmartPhone under this Promotion, shall NOT be eligible to win the Prize again during the entire Promotion Period.

    Therefore, the Participant can participate in the Promotion multiple times during the Promotion Period and increase their chances of winning the Prize, however he/she may win the Prize of smartphone or smartwatch only once under the Promotion.

    In the case of a tie in the leader board position with the same number of Serial Numbers uploaded by 2 or more participants, then the participant with the least total time of upload of all the serial numbers from the start of that promotional week will be considered as a higher rank on the leaderboard.

 

Selecting and contacting Eligible Winners

  1. The Participants will be eligible to receive the Prize subject to the Terms detailed herein.
  2. The Participants must present the Promotion Product label with the serial number selected as a Winner by BNL & BNTL, for the purpose of Prize collection.
  3. The Participants acknowledge not to raise any claim or complaint against BNL & BNTL due to technical failure or any other causes beyond the control of BNL & BNTL.
  4. The Winners shall be contacted by the BNL & BNTL team. Thereafter, Prize shall be collected by the winners from the nearest available location as confirmed by the BNL & BNTL team.
  5. The delivery timelines for the Prizes under the Promotion may get impacted due to Covid-19 related restrictions imposed by the local authorities and/or any guidelines issued by the Government.
  6. Once the Prize is dispatched, BNL & BNTL shall not be liable for any in transit theft/damages to the Prize.
  7. Prize once delivered cannot be replaced under any circumstances.

BNL & BNTL team will offer product warranty in case it is offered by the manufacturer/distributor and all claims towards warranty need to be taken up with the manufacturer/distributor directly.

 

 

Conditions relating to the Prize

  1. All taxes, levies and duties due and owing under applicable and statutory laws in connection with all Prize if any, and all other costs, including insurance, incidental costs, gifts, gratuities and taxes, are the sole responsibility of the Prize(s) Winners.
  2. BNL & BNTL shall not be held responsible for any deficiency, defect, inadequacy or irregularity in the Prize(s). The Winner(s) may not exchange or assign the Prizes and shall not be entitled to any compensation whether in cash or kind from BNL& BNTL.
  3. No portion of the Prizes offered under the Promotion is redeemable for cash or kind from BNL & BNTL. The Prizes are also not refundable or transferable and cannot be exchanged.
  4. No Prize will be awarded if the information presented by the Participant(s) at the time of entering the Promotion, or at any subsequent stage is factually incorrect.
  5. In the event of death of the Winner, no claim from the nominee or his/her legal heirs of the Winner shall be entertained for receiving the Prize.
  6. The Prizes shall be provided to the Winners on an "as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and BNL& BNTL and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any product/service and/or the Prize or for any kind of consequential damages/ loss, in any manner whatsoever. The guarantee and warranty of the Prizes shall be transferred to the Winners as received from the Manufacturer / Distributor.
  7. If any Participant has any grievance with respect to the Prize, he/she shall directly contact the manufacturer.
  8. No request for change in make, model, color, specifications etc. of the Prize shall be entertained.
  9. The image of the Prize depicted on the press ads/posters/TVC's/pack shots etc. are for illustrative purposes only and the actual Prize may vary from the depiction made.

In the event the Winner does not take the Prize in the time and manner stipulated, then the Prize shall be forfeited by the Winner and cash or any monetary benefits in kind shall not be awarded in lieu of the Prize. Prizes must be taken as offered and cannot be varied.

 

Publicity

The Participants undertake and irrevocably and unconditionally permit BNL & BNTL 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. Further, the Participants also understand and agree that their responses may be publicised as part of this Promotion.

The Winners must, at the request of BNL & BNTL, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge, and they consent to BNL & BNTL using their name and image in all promotional materials.

 

Intellectual Property

All right, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s), and in any and all responses received, or other materials created during or for the Promotion, or during the trip as a part of the Promotion or otherwise, shall vest solely and exclusively with BNL & BNTL at all times. BNL & BNTL or any person or entity permitted by BNL & BNTL 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.

Any material submitted in connection with the Promotion by the Participants are assigned to BNL & BNTL upon submission and become the property of BNL & BNTL exclusively. BNL & BNTL may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of BNL & BNTL.

 

 

General Conditions

 

  1. Each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/or entering this Promotion the Participant warrants that all information provided by him/her regarding his/her name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
  2. BNL & BNTL may, at any time, verify or authorize verification of the Participant’s entry (including such Participant’s identity, age, place of residence and affiliations) and disqualify any Participant (at any stage of the Promotion) if it is found that such Participant has submitted an entry or any documents that is inconsistent with these Terms.
  3. BNL & BNTL may, disqualify any Participant if such Participant engages in or it is found that such Participant has engaged in any illegal, unlawful or improper conduct (with regard to the Promotion or otherwise).

BNL& BNTL does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participants or furnish any reason or explanation for inclusion and, or, exclusion of any particular submission of the entry of a Participant at any stage of the Promotion.

The decision of BNL& BNTL as regards the selection of Prizes and Winners is final. No correspondence or any other claims whatsoever, in this regard will be entertained. The Prizes cannot be exchanged and are not transferable or refundable.

  1. BNL& BNTL reserves the right at its sole discretion, without any prior notice, to cancel, terminate, postpone, modify or suspend the Promotion in whole or in part, prospectively or retrospectively, at any time including if, for any reason, the Promotion is not capable of running as planned, including due to any technical failure or any other causes beyond the control of BNL & BNTL and will not be liable for any consequential losses/damages. All Winners and/or Participants agree that no claims or complaints may be raised against BNL& BNTL or any of their affiliates, representatives, associates etc. in this respect. Any decision of BNL& BNTL in this regard and in general with respect to this Promotion and the Terms thereto shall be final, binding and non-contestable.
  2. The distribution of Prize and mode of distribution of Prizes shall be at BNL& BNTL’s sole discretion. BNL & BNTL further reserves the right to modify or cancel the Prizes offered under this Promotion, at its sole and absolute discretion. The Winners and/or the Participants agree that no claims or complaints whatsoever may be raised against BNL & BNTL or any of their affiliates, representatives, associates etc. in this respect.
  3. Participants shall follow all directions/rules and regulations (whether communicated in written form or verbally) framed by BNL & BNTL at all times in connection with the Promotion. Any deviation or objection by any Participant(s) may result in their disqualification from the Promotion.
  4. The Participant(s) hereby undertake to provide and/or execute any documents as may be deemed necessary by BNL & BNTL to effectively carry out his/her obligations under the Promotion and/or its Terms.
  5. Nothing contained herein amounts to a commitment or representation by BNL & BNTL to conduct further promotions.
  6. The decision of BNL & BNTL shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between any Participant and BNL & BNTL and the Participant shall not have the authority to bind BNL & BNTL in any manner whatsoever.
  7. BNL & BNTL and other agents of BNL & BNTL shall not be liable to perform any of their respective obligations under the Promotion or in respect of the Prizes where they are unable to do so as a result of circumstances beyond their control in the nature of fire, explosions, natural calamities, epidemic, pandemic, state emergency, riots, government restrictions, epidemic, pandemic or any other Force Majeure condition, etc., and shall not be liable to compensate the winners or the Participants in these circumstances.
  8. Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of BNL& BNTL.
  9. Winners and Participants undertake not to, at any time, disclose, reveal, communicate or otherwise make public any information relating to BNL& BNTL, their respective business, personnel, servants, agents or officers to anyone.
  10. BNL & BNTL accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, communication, documents, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. BNL& BNTL shall not liable for any consequences of user error including (without limitation) costs incurred.
  11. If a Participant is dissatisfied with the Promotion or the Promotion Terms, his/her sole and exclusive remedy is to not participate in the Promotion.
  12. The general terms and conditions and privacy policy on the Promotion Website shall be applicable in addition to these Terms.
  13. BNL & BNTL shall not publish or disclose any personal details about the Winners of the Promotion (excluding the names of the winners which may be published on the Promotion Website), including but not limited to their telephone number, address, etc., as such disclosure shall amount to violation of the privacy rights of Winners.
  14. These Terms may be altered by BNL& BNTL at its sole and absolute discretion and without any notice to the Winners and/or Participants.

 

Release and Limitations of Liability

  1. By entering the Promotion, the Participants hereby release from and agree to indemnify BNL & BNTL, and/ or any of their 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 and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
  2. BNL & BNTL accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of themselves or third parties in relation to the Prizes. BNL & BNTL, 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.
  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 BNL& BNTL and their respective 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 BNL & BNTL on account of such act on the part of the Participant. Participant(s) hereby agree to indemnify, defend and hold harmless BNL & BNTL 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, any other rules, regulations, directives (whether written or verbal) issued by BNL& BNTL from time to time, during the Promotion.
  4. To the fullest extent permitted by law, in no event will BNL & BNTL or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that BNL & BNTL 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 BNL & BNTL 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 BNL & BNTL harmless in the event of there being any third party/entity/organization claims arising from or related to his/her participation in the Promotion. In no event shall BNL & BNTL and be liable to any Participant for acts or omissions arising out of or related to the Promotion or his/her participation in the Promotion.
  5. In consideration of BNL & BNTL 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 BNL & BNTL, 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.

 

Dispute

  1. The courts of competent jurisdiction at Nepal shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Promotion.
  2. Participation in the Promotion is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this clause.
  3. Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Participants and/or BNL & BNTL and/or partners of this Promotion, shall be governed and construed in accordance with the laws of the Nepal.