The Himalaya Drug Company (Himalaya) as part of its campaign activities is conducting a digital contest known as: The Contest “Cheer In Whites; Win a Prize” (hereinafter referred to as the “Contest”) to promote its various “Himalaya Men” range of Products. The Contest will be conducted digitally through web platform and social media-Whatsapp This Contest extends to all the participant-consumers in whole of India except the participant-consumers from the state of Tamil Nadu. Himalaya does not intend to conduct this Contest in the state of Tamil Nadu and fully adhere to the prohibition to run such Contests imposed under the Tamil Nadu Prize Scheme (prohibition) Act 1979. As such the resident-participants from Tamil Nadu are requested to refrain from participating from the Contest. The Contest is limited to the following products of Himalaya Men range of products.
||Pimple Clear Neem Facewash
|Intense Oil Clear Lemon Facewash
|Powerglow Licorice Facewash
|Face and Beard Wash
|Active Sports Facewash
||Beard Daily Nourish Oil
|Beard Intense Growth Oil
||Daily Nourish Hair Cream
|Anti-Hairfall Hair Cream
|Anti-Dandruff Hair Cream
||Daily Nourish Hair Gel
|Anti-Dandruff Hair Gel
|Anti-Hairfall Hair Gel
||Skin Protect Shaving Cream
||78g (60g+30% Free)
|Skin Protect Shaving Gel
|Skin Protect Shaving Gel – Sensitive
CONTEST PERIOD: The Contest is open to every customer (hereinafter referred to as “Contestants”) between 6th May 2021 to 31st July 2021 (hereinafter referred to as “Period”). No entries received after 31st July 2021 will be accepted for the Contest.
ELIGIBILITY CRITERIA: To participate in the Contest, the Contestants of any part of India, excluding residents from Tamil Nadu should buy any product from the Himalaya Men range of products as mentioned in the table above.
Procedure to Participate in the Contest: The Contestants should send their “Image or video wearing a Complete White Shirt or T-Shirt” The contestant can participate in contest with the unique code mentioned on the sleeve of the product pack(wherever applicable) while sending the entry. The contestant is also allowed to participate without any unique code. The Contestants must upload their respective image or video on www.himalayamen.com. Alternatively, the Contestants might also send the image or video through the WhatsApp Number – 96115 96115. On completion of the aforementioned steps, the Contestants will be successfully enrolled in the Contest. Upon successful enrolment, each Contestant will receive a notification. In case of participation through Whatsapp, the enrolment notification will be sent via Whatsapp. In case of participation through website the enrolment notification will be displayed on the web page.
CRITERIA FOR SHORTLISTING VALID ENTRIES
Entries from Contestants will be considered as a “Valid Entry” only upon fully complying with the following criteria:
- The Contestant should send his picture or video wearing full white shirt (or) white T-shirt
- The Contestant should have any Himalaya product from Men Range (except Himalaya Men Natural Bright Face Cream) in their picture or the video.
- The picture should be clear without any distortion and visually must have a clear definition.
- The brand name “Himalaya Men” must be visibly clear
- The entries should abide by clause 6 mentioned under general terms and conditions sections
CRITERIA FOR SELECTION OF WINNERS
The winning entries will be selected from the shortlisted entries only. For every category of prize, the winners will be selected randomly through a randomizer (A random computerized selection technique). In case of any entries selected by randomizer for participants from Tamil Nadu, then such entry shall automatically be deemed invalid and will be rejected forthwith.
PRIZES: There will be three categories of Prizes, namely, Grand Prize; Second Prize; and Consolation prizes
Out of the total entries encompassing all the categories, only 1 Contestant, will be selected for the Grand Prize. The selected Contestant will be eligible to win a Sports Bike, of make as chosen by the Himalaya Drug Company (“Grand Prize”)
The Grand Prize will be a 184.4cc BS6 compliant Honda Hornet 2.0 without any accessories. In the event of non-availability of the aforementioned Make/Brand/Model/Specs, a sports bike of a different Make/Brand/Model/Specs will be decided by Himalaya at its discretion.
25 consumers will get a chance to win one 10g 22 karat Gold Coin.
Consolation Prizes shall comprise of:
- Branded Bluetooth speakers – 250 Nos.
- Official ICC logo printed T-shirts – 500 Nos.
- Official ICC logo printed Caps – 500 Nos.
- Himalaya Men logo printed Key Chains – 750 Nos.
- Himalaya Men products – 1500 Nos.
The Winners for consolation prizes will also be selected through randomizer as mentioned in the above clause-CRITERIA FOR SELECTION OF WINNERS
GENERAL TERMS AND CONDITIONS
- By participating in this Contest, each Contestant is deemed to have accepted the complete terms and conditions of this Contest available on www.himalayamen.com as well as the decisions of Himalaya, which are final and binding in all matters relating to this Contest. Successful entry to the Contest and winning a prize are subject to the compliance of all requirements set forth herein.
- In case of any Force Majeure Events that might prevent the Himalaya to operate this Contest, Himalaya will not be held responsible. Himalaya, at its own discretion might chose to provide an alternate reasonable prize under such circumstances. Force Majeure Event shall mean and include fire, storm, flood, lightning, earthquake, explosion, acts of a public enemy, terrorism, war, military operations, insurrection, sabotage, civil disorder, epidemic, pandemic, embargoes, labor disputes and other similar events which are outside the control of Himalaya and such events (or their effects) that could not reasonably have been avoided.
- The winners of the Contest must retain the “pack” of the product purchased from Himalaya Men Range. In order to avail the prize, the Contestants must be able to present to Himalaya the pack upon request. Any Contestants who are unable to present this pack will automatically become ineligible to win the prize for which they have been chosen.
- This Contest is open exclusively for every person who have completed the age of 18 years except employees and the family members of Himalaya, its associate companies, its advertising agencies, agency partners, auditors, agents, dealers, distributors and their family members & residents from the Tamil Nadu state.
- Contestant represents and warrants that her/his participation in this Contest is voluntary and their participation is out of his/her wish or interest only; Any costs & related expense which is incurred associated with entering the promotion, including accessing the promotional website, are the sole responsibility of the contestant.
- Contestant represents and warrants that the creatives and contents of the image or video uploaded by the Contestants are his own creations and specifically created for the purposes of this Contest only. Contestant represent and warrant that it shall not post any obscene, prohibited, illegal images, videos digital materials, which are prohibited by law.
- No Contestant is permitted to use multiple login accounts or mobile numbers, counterfeit accounts, and proxy accounts (collectively “Proxy Accounts”) to enter the Contest. Such entries will be deemed invalid
- A maximum of 5 entries may be allowed per contestant during the contest period.
- Selection of “Valid Entry” via the randomizer operation will be conducted by the Himalaya’s internal selection committee. Himalaya, at its discretion shall appoint any agency to aid in selecting the winners through this randomizer process. Such agency shall operate at the direction & instructions of Himalaya in accordance with Terms & Conditions as mentioned herein. Himalaya’s decision shall be final and binding on the Contestants. No correspondence or any claims of any nature whatsoever, in this regard will be entertained.
- By entering into the Contest, the Contestants hereby grants Himalaya all the rights for using their creatives and contents uploaded/submitted by the Contestants as part of the Contest whether written, audio, electronic or visual form, or a combination of those or any photographs, video and/or film footage and/or audio recording are automatically assigned to Himalaya (“Materials”) and shall become the exclusive property of Himalaya. Himalaya may use the Materials in any medium in a manner it deems fit. Copyright & other performance rights including the rights in the intellectual property in such Materials shall solely remain & vest with Himalaya in perpetuity.
- Contestants acknowledges that Himalaya shall own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Materials including but not limited to any of its future promotional, marketing, publicity and any other purpose in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to the Contestants or any other person or entity. The Contestants herby expressly agree to relinquish any and all kind of rights in the Materials.
- Himalaya shall not be responsible for any kind of loss, injury or any other liability arising out of this Contest.
- The Prizes are not transferable, replaceable, upgradeable and no cash payment in lieu of the same will be made.
- No cost/claims will be reimbursed by Himalaya to the winners for claiming the prizes.
- Any Contestant who wins one prize in the contest, shall not be eligible to win any further prizes
- The procedure to claim and collect the Grand Prize and Second prize will be duly intimated by Himalaya to the Contestant post the successful verification of the Contestant details and a duly filled in written acknowledgment letter from the Contestant.
- Under section 194B of the Income Tax Act 1961, a company is responsible to deduct the applicable tax, before paying to any person any income by way of winnings from any lottery or crossword puzzle or card game and other game of any sort in an amount exceeding ten thousand rupees shall, at the time of payment thereof, deduct income-tax thereon at the rates in force. The Himalaya Drug Company shall therefore be required to deduct the TDS at the time of rewarding the prizes to the winning contestants. The procedure for such deductions shall be as per the applicable laws which will be duly communicated to the winners of the Contest post their selection.
- All the consolation prize winners will be duly intimated, and the prizes will be dispatched to the Contestants address as they have furnished to Himalaya while entering & enrolling to the Contest. Himalaya shall not be liable and accountable if the Prize does not reach to the Contestant-winner due to the incorrect/inadequate address or contact details by the Contestants. Himalaya shall relay completely on the address as provided by the Contestant while submitting the details to participate & enroll to this Contest. Therefore, Contestant expressly agree that it is solely responsible for not receiving the prize for any incorrect, insufficient address furnished to Himalaya.
- The timeline for delivery of the Grand Prize, Second Prize and Consolation prizes will depend on the then prevailing situation and no assured timeline can be provided.
- Himalaya reserves the right to deny honoring the offer on the grounds of suspicion or abuse of the offer by any customer without providing the contestant any explanation thereof.
- Himalaya reserves the right to terminate, suspend or modify this Contest, in whole or in part, at any time and without notice or obligation.
- Himalaya shall not be responsible for any difficulties experienced by the Contestants in submitting an entry to this Contest. Himalaya does not accept responsibility for (1) lost, late or undelivered entries or (2) any technical or access issue, failure, malfunction or difficulty that might hinder the ability of an Contestant to enter the Contest or (3) any event which may cause the Contest to be disrupted or corrupted.
- In the event, the shortlisted Contestant’s number is busy, unreachable, or he/she does not attend the call, another two (02) more call attempts will be made to reach the Contestant. Among such two other call attempts, one call shall be made on the same day another shall be followed on the next day. Post these days, another final call -the third call will be made on immediate on the day next. If even on the third attempt, the Contestant does not attend the call or is unreachable, the Contestant’s participation in the Contest automatically ends and the entry shall be deemed cancelled. Such Contestant shall be disqualified to receive any form of prize under this Contest. If it’s a case of a prank entry to deceive Himalaya, then such Contestants shall become disqualified to participate not only from this Contest but to any future contests that Himalaya initiates and also appropriate legal actions will be initiated against the same.
- After the Himalaya Drug Company or its partners associated with this Contest establish successful contact with the contestants, the contestant has 48 hours to provide the details sought by Himalaya or its associated partners from the contestant, failing which the entry will be deemed invalid.
- Identity proof: To verify the authenticity and genuineness of the Contestant, Contestant must provide the scanned copy of his/her photo identity proof issued by government authorities For the purposes of this clause “Identity Proof” shall mean any of the named/ listed documents herein such as: Aadhar Card (or); Electoral ID Card; (or); Passport; (or) Driving License of the respective Participants.
- Grand Prize winners must hold a valid driving license; valid PAN card and a Valid Aadhar card in addition to the photo identity proof as mentioned in Clause 26. The Second Prize winners must hold a valid PAN card in addition to the other documents mentioned in Clause 26.
- Any dispute or difference between the Himalaya and Contestants here, arising out of or in connection with the contest shall be solved amicably by discussions and negotiations. Unresolved disputes or differences if any shall be referred to sole arbitrator appointed by Himalaya. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration rules of Indian Arbitration and Conciliation Act, 1996. The seat & venue of arbitration shall be exclusively at Bangalore, India. The Arbitration proceeding shall be conducted and recorded in English. Arbitral award is final & binding on both the Himalaya and Contestant.
- This terms and conditions shall be governed and construed accordance to the applicable laws of India. The Parties submit to the exclusive jurisdiction of the courts of Bangalore, India. Parties shall seek to obtain any remedies in the interim nature such as injunctions, prohibitory orders, or maintaining the status quo until the final pronouncement of the final arbitral award.