You are requested to read these terms and conditions carefully before participating in the #KiaInStyle Competition, organized by Kia India Private Ltd.
These Terms and Conditions (the “T&C”) constitute a valid and binding agreement between KIN and the Participants (‘You/Your’). By participating in the Competition, per se, You agree to be bound by all the terms and conditions as mentioned herein. The following terms and conditions and any amendments or modifications made thereto, govern the Participation to this Competition and any content made for the said Competition.
By Participating in the Competition, You warrant that You have fully read and understood these T&C and agree to be legally bound by these terms and acknowledge unconditional acceptance without limitation or qualification of these T&C. KIN may change these T&C at any time without any prior notice in writing or otherwise to You, by posting changes on the Website. You may review these terms regularly to ensure that You are aware of any changes made by us. The continued Participation in the Competition by You, after changes are posted means that You agree to be legally bound by these T&C as updated and/or amended. In the case of any violation of these T&C or any additional terms posted on Website, KIN reserve the right to seek all remedies available by law and in equity for such violations.
Linkable Table of Contents
- A. About Kia India
- B. About Competition
- C. Eligibility
- D. Terms of Competition
- E. Terms for Participation
- F. Intellectual Property Rights
- G. Arbitration
- H. Jurisdiction and Governing Laws
- I. Force Majeure
- J. Notice
A. About Kia India
Kia India Private Limited (KIN) is a company incorporated under the (Indian) Companies Act, 2013, whose registered office is at NH-44, SY.NO.151-2, Erramanchi, Penukonda Mandal, Anantapur, Andhra Pradesh-505064, India (hereinafter referred to as “KIN”/ “Organizer”).
B. About Competition
1) KIN intends to engage with inspiring experiences and hence brings a crowdsourcing online Competition, based on selection of a transition video which will be created/ uploaded by the users using Kia car starting 22nd Sep’21 to 12th Oct’ 21 by people of Indian nationality. The entries shall be shortlisted by KIN & their agency partners and the winning entry will be offered the Kia Sonet 1.2L 5MT HTE, subject to certain terms and conditions as set out hereunder, as and when released by KIN.
2) KIN intends to engage with inspiring experiences and hence brings a crowdsourcing online Competition, based on selection of a stylish image which will be created/ uploaded by the users using Kia car starting 7th Oct’21 to 30th Nov’ 21 by people of Indian nationality. The entries shall be shortlisted by KIN & their agency partners and the winning entry will be offered online shopping vouchers
1. You warrant that You are competent to contract as per Indian Contract Act, 1872 and possess legal authority to Participate in this Competition.
2. This competition is applicable across India except in the state of Tamil Nadu and Pondicherry.
3. This competition will be open to all citizens of India with the exception of KIN’s employees and their families, KIN’s agents, dealers, distributors and other partners (including their employees).
D. Terms of Competition
1. Promotion of this competition is valid throughout India, except the states of Tamil Nadu and Pondicherry.
2. The date of participation in the transition video competition is from 22nd Sep’21 to 12th Oct’ 21.
3. The date of participation in the stylish image competition is from 7 th Oct’21 to 30th Nov’21.
4. For participation, the participant will not have to pay any money or purchase anything.
5. The competition is open to all Indian citizens above 18 years of age residing in India except the employees and the family members of the Organizer, its associate companies, its advertising and promotional agencies, distributors, Banking or Finance helpers, and its Auditors and their associate companies (‘Participant’).
6. The competition is being conducted and promoted under the supervision of a panel of experts drawn from the Organizer and its Marketing Communications partner.
7. To participate in the transition video contest, the Participant is required to:
1. Create a transition video with any Kia car
2. Upload the video on Instagram using #KiaInStyle and tag Kia India’s official handle
3. Follow Kia India on all the social platforms
4. Make sure that your profile is public
5. After uploading, if the video is changed, modified or removed in any way then the modified video will not be considered as an entry.
6. The video submission of the competition will happen from 22nd Sep’21 to 12th Oct’ 21. No entries shall be accepted after 23:59:59 of 12th Oct, 2021.
7. The winner will be contacted by the Organizer and will be required to verify their details (mobile number, e-mail ID, Aadhaar card) with supporting documents. .
8. The winner of the competition will win the Kia Sonet 1.2L 5MT HTE as a gratification subject to fulfillment of the terms as set out herein. Kindly note that the winner will not have any option to exchange the gratification/prize with any other substitute including cash or value in cash thereof and no request of any nature in this regard shall be entertained.
9. All entries submitted by the users irrespective of winning the event or not, shall become the property of the Organizer (KIN) or its successors and assigns thereof. The Organizer will have the right to reuse the entries or make minor alteration in the videos after the competition and use them on Kia India’s official social channels.
10. All the participants who have submitted their entries for the competition shall renounce all his/her rights over the entry and assign them irrevocably and unconditionally to the Organizer (KIN).
11. Canvassing in any form by any participant shall lead to the disqualification of the participant.
8. To participate in the stylish image contest, the Participant is required to:
a. Click a stylish image with any Kia car
b. Be creative and upload the image on social platforms using #KiaInStyle and tag Kia India’s official handle
c. Follow Kia India on all the social platforms
d. Make sure that your profile is public
e. After uploading, if the image is changed, modified or removed in any way then the modified image will not be considered as an entry.
f. The image submission of the competition will happen from 7th Oct’21 to 30th Nov’ 21. No entries shall be accepted after 23:59:59 of 30th Nov’ 2021.
g. The winner will be contacted by the Organizer and will be required to verify their details (mobile number, e-mail ID, Aadhaar card) with supporting documents.
h. The winner of the competition will win the online shopping vouchers as a gratification subject to fulfillment of the terms as set out herein. Kindly note that the winner will not have any option to exchange the gratification/prize with any other substitute including cash or value in cash thereof and no request of any nature in this regard shall be entertained.
i. All entries submitted by the users irrespective of winning the event or not, shall become the property of the Organizer (KIN) or its successors and assigns thereof. The Organizer will have the right to reuse the entries or make minor alteration in the videos after the competition and use them on Kia India’s official social channels.
j. All the participants who have submitted their entries for the competition shall renounce all his/her rights over the entry and assign them irrevocably and unconditionally to the Organizer (KIN).
k. Canvassing in any form by any participant shall lead to the disqualification of the participant.
E. Terms for Participation
1. The entry shortlisting is standard for all participants. The process followed by the organizer in this regard is final. The participant cannot insist on checking the selection procedure or through an attorney.
2. Each participant can submit only one entry on their social platforms.
3. Prize: The Organizer will give online shopping vouchers, subject to the terms as set out herein below.
4. For online shopping vouchers Prize:
a. The Organisers will take out one winner out of all valid entries using their discretion as claimed above.
b. The valid entries received till 11.59:59 P.M till 30th Nov, 2021 will be considered for the Prize.
c. The decision of the Organizer shall be final and no further communication will be entertained.
d. The winner should be above 18 years of age
e. In case the participant wishes to contact the Organizer for any reason whatsoever, the contact should only be made with the firstname.lastname@example.org. Any attempt to contact any officer of the Organizer or any of the Organizer’s agencies/its personnel, would not be entertained and could lead to the claim of the participant being rejected.
f. All Participants, either directly or indirectly, will waive conditions of DND registration and the Organizer shall not assume any responsibility in this regard. The Participants could also be contacted anytime through voice calls, SMS or email id for campaign updates and participation during the duration of the promotion.
g. Organizer does not guarantee delivery of SMS or emails and are not responsible in case the SMS or emails are not delivered to the specified number due to any reason, including network problem, in case there needs to be a communication.
5. Prize: The Organizer will give Kia Sonet 1.2L 5MT HTE, subject to the terms as set out herein below.
6. For Kia Sonet 1.2L 5MT HTE Prize:
h. The Organisers will take out one winner out of all valid entries using their discretion as claimed above.
i. Winner will have to share the KYC documents [Copy of Pan Card, Aadhar card, address proof] with the organizer.
j. Pay Gift tax @31.2% as per Section 56(2)(ib) of the Income Tax Act,1961, and submit the receipt of Challan 280 of the tax Value paid to the Income Tax Department.
k. Winner to bear the cost of registration, insurance & any other overhead cost occurring on the vehicle as well. It is clarified that in case the claimant is unable to make the above mentioned payments, the Organizer shall have the discretion to forfeit the offer of prize.
l. The valid entries received till 11.59:59 P.M till 12th Oct, 2021 will be considered for the Prize.
m. The decision of the Organizer shall be final and no further communication will be entertained.
n. The winner should be above 18 years of age
o. The choice of colour and make of the Car (Prize) will be at the discretion of the Organizer. The participants will have no say whatsoever in the same.
p. In case the participant wishes to contact the Organizer for any reason whatsoever, the contact should only be made with the email@example.com. . Any attempt to contact any officer of the Organizer or any of the Organizer’s agencies/its personnel, would not be entertained and could lead to the claim of the participant being rejected.
q. All Participants, either directly or indirectly, will waive conditions of DND registration and the Organizer shall not assume any responsibility in this regard. The Participants could also be contacted anytime through voice calls, SMS or email id for campaign updates and participation during the duration of the promotion.
r. Organizer does not guarantee delivery of SMS or emails and are not responsible in case the SMS or emails are not delivered to the specified number due to any reason, including network problem, in case there needs to be a communication
s. General conditions for redemption: :
• The participant will have to mandatorily present the KYC documents to the Organizer. In case the KYC documents are not presented, are lost, misplaced or mutilated, the Organizer would be within his rights to forfeit the prize, without any further communication to the participant.
• All KYC documents submitted towards verification shall become the property of Organizer.
• After verification, the prize winner will be informed about the entire process of redemption of the prize.
• In addition to other documents including copy of the PAN card/original form 60, the winners will have to present one government issued photo identity and address proof at the time of redemption of the Prizes. These include Voter ID Card, Passport, Driving License (for driving a 4-wheeler) /or identity card issued by the Government of India.
• Apart from the documents mentioned in this T&C, the Organizer can ask for further documents, as may be required for effective delivery of the prize to the winner.
• The Organizer will not be responsible for any loss or damage of the prize, once claimed by the winner.
• The issuance of any other prize is at the sole discretion of the Organizers and is subject to change without notice in any form of whatsoever manner.
• The offer is not valid in conjunction with any other offer.
• The Organizer will not be liable for any loss of data due to server issues and other technical faults that may come up.
• The participants are debarred from using any mechanical system/ software to send random multiple entries for the competition. In case any such attempt gets known to the organizers, the entries/claims of such participants would be cancelled without any communication to such participants.
• Entry uploaded on Instagram by the participants, which do not comply with these terms, and conditions will be rejected. Organizer reserves the right at its sole discretion to disqualify any such entry at any time.
• Organizer assumes no liability or responsibility for (i) any errors, omissions or inaccuracies of content or submissions, (ii) personal injury or property damage of any nature resulting from your access to, your exposure to or your participation in the promotion. (iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information that may be contained therein. (iv) Any deletion of data or interruption or discontinuance of transmission to or from or through the Promotion.
• The Winner will be contacted by the representatives of the Organizer through the social channel where the entry was submitted. In the event that the Winner is not contactable in 24 hours of the first attempt, the Organizer shall be at a liberty to forfeit the prize entirely. In this regard, the decision of the Organizer shall be final and no communication will be entertained. The organizer would maintain technical/manual logs/details of all communications made with the claimants of the top prize of Car. These records would be considered final and binding for all purposes.
• Notification of the Winner status must be kept confidential until the Winner is publicly revealed by the Organizers, else the Winner’s prize will be forfeited.
• At the Organizers’ request, Winner must participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and he/she consents to the Organizers for using their name, likeness, image and/or voice in the event the Winners (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 Promotion (including any outcome, and promoting any products manufactured, distributed and/or supplied by the Organizers.
• The Prizes are non-transferrable, non-refundable; and no cash payment will be made in lieu thereof.
• The Organizers shall not be liable for any tax implications including, registration charges, insurance charges Road tax etc. and / or any further cost implications that may be applicable for the redemption of the Prize and the same shall be borne by the winners only. The winners will also have to bear incidental costs, if any, that may arise for redemption of the Prize (collectively or individually). All taxes/levies and charges on prizes will be the responsibility of the winner(s). Taxes as applicable will be deducted at the source for all prizes or shall be deposited in advance by the winner and he/she shall produce proof of tax deposit/registration charges before claiming the prize. In case the winner of the Prize is unable to deposit such charges within five (5) days of learning about the Prize, the Organizer shall forfeit the prize entirely.
• The organizer would be considered to have adequately informed the winner about deposit of tax/registration charges if the Organizers’ team is able to connect with the winner over a phone call. The time of Five (5) working days would be calculated from the time of the first contact.
• Winner would have to make the payments and present the proofs as mentioned in “Terms of Participation”. The winner will have to send a scanned copy of the said documents to the organizers to fulfil requirements of proof of tax payment before the end of the Five (5) day period mentioned above. It is clarified that submitting this amount is extremely crucial to claim the prize. In case, a claimant is unable to produce the receipt of this payment or refuses to pay the applicable tax/gift tax/registration charges, the Organizer will be at the liberty to forfeit the prize. The records/details maintained by the organizer would be considered final for this purpose.
• The Organizer reserves the right to change/modify/or withdraw the Promotion without any prior notice of the same at its sole discretion. The Organizer reserves the right to modify the terms and conditions without any prior notice.
• Any decision of the Organizer with respect to this promotion shall be final and no communication in this regard shall be entertained.
• By participating in the promotion, each Participant specifically accepts as follows (a) that he/she has fully read and understood all the terms and conditions and be unconditionally bound by them (b) that he/she satisfies the eligibility requirements under the T&C (c) that he/she unconditionally accepts the winner so selected (d) that he/she shall honor all decisions of Organizer with regard to the promotion and its interpretation and not challenge them (e) to comply with all Central, State, Local Laws and Regulations.
F. Intellectual Property Rights
1. All rights in and to the Competition and Contents shared for the Competition by You, belongs to the Organizer (KIN) and are protected by the Intellectual Property laws of India.
2. The Competition entry shared by You, becomes the property of the Organizer, once You submit the Entry. You waive all your rights in favor of the Organizer to the Intellectual Property of the Entry shared.
All questions, differences or disputes arising out of this agreement or any matter connected thereto arising between the parties or their respective representatives, whether as to construction or otherwise shall be at the first instance resolved by discussion and consent of the parties. Any dispute not resolved by the parties amicably within 30 days of such disputes, shall be referred to arbitration of a sole neutral arbitrator to be appointed mutually by the Parties (Organizer and the Participant). The provisions of the Arbitration and Conciliation Act, 1996 or any re-enactment or statutory modification thereof for the time being in force shall be applicable for settlement of the dispute. The decision of the sole neutral arbitrator shall be final and binding on the parties. The venue of arbitration shall be New Delhi and the language of arbitration shall be English.
H. Jurisdiction and Governing Laws
Subject to the above Clause on Arbitration, the Parties hereto unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the Competent Courts in New Delhi, India.
I. Force Majeure
KIN shall not be liable for any failure or delay to fulfill any of the obligations mentioned hereunder, to the extent the same is caused by force majeure events such as floods, pandemic, lethal disease, earthquakes, fire, riots, civil unrest, war (declared or not), strikes, lock-outs or any other circumstances beyond the reasonable control of KIN and shall not be liable to compensate the participant in these circumstances. KIN shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the program due to any government restrictions.
Any notice, request or other communication required to be given under these terms and conditions shall be served personally or mailed to KIN by registered post or courier and in addition by e-mail at the following address:
Kia India Pvt. Ltd.
16th Floor, Two Horizon center, Golf Course Road,
DLF Phase-V, Sector 43, Gurugram,