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Party With Hardik and Monster Energy

Enter To Win

1. QR Code Method. A QR code will be featured in all instore points of sale (“POS”). Scan the QR code. This will direct the person to the URL: monsterenergy.com/hardikparty. Enter the unique code found under the can’s tab and complete the official online entry form during the Entry Period.

2. Text Method. Text ‘HARDIK’ to 7835991991. The person will receive a link to the competition URL (monsterenergy.com/hardikparty). Visit the URL and enter the unique code found under the can’s tab and complete the official online entry form during the Entry Period.

3. Website. Visit monsterenergy.com/hardikparty. Enter the unique code found under the can’s tab and complete the official online entry form during the Entry Period.

submit entries from August 01 2020 to December 14 2020

promotion rules

Monster Energy® India Chance to “Party with Hardik Pandya!” 

Official Rules

BY SUBMITTING AN ENTRY DURING THE ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE PROMOTION ENTITIES (DEFINED BELOW) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

YOU ACKNOWLEDGE THAT WINNING IS BASED ON A LUCKY DRAW.

THE ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING EACH WEEK OF THE ENTRY PERIOD (SUBJECT TO THESE OFFICIAL RULES). VOID IN THE STATE OF TAMIL NADU, AND WHERE PROHIBITED OR RESTRICTED BY LAW. 

Monster Energy India Private Limited (“Monster”) is offering eighty (80) Entrants (as defined below) the chance to “Party with Hardik Pandya!” pursuant to a lucky draw (the “Promotion”).  The Promotion is subject to these official rules (the “Official Rules”), and by entering, the entrant (“Entrant”), subject to the eligibility below, agrees to be bound by them and the decisions of Monster, which are final and binding in all respects.  This Promotion shall begin at 12:01 AM IST on August 1, 2020 and shall continue only until and expire on 11:59 PM IST on December 14, 2020 (the “Entry Period”).  Monster’s computer is the official timekeeping device for entry in the Promotion.  To be included in the entry pool for a relevant week, all entries must be received by 11:59 PM IST of the relevant Friday of the Entry Period and the last entry pool must be received by 11:59 PM IST on Tuesday, December 14, 2020 (as detailed below). Please note that, on account of the coronavirus (COVID-19) pandemic, the Entry Period has been revised and amended to now start from August 1, 2020 and end on December 14, 2020 from the prior period of June 15, 2020 to October 14, 2020 (which was printed on some of the Promotion offer cans), and the prior period printed on such cans now stands replaced, superseded and modified by the new Entry Period defined herein. The Entry Period may be further amended and revised by Monster in its sole discretion by amendment to these Official Rules published on its website on www.monsterenergy.com, which may or may not be reflected anywhere else (including the Promotion offer cans). Therefore, in order to ensure that you are complying with the latest Official Rules, please refer to the updated and current Official Rules published on Monster’s website (www.monsterenergy.com) from time to time; Monster owes no obligation to advertise any amendment to these Official Rules by any other means.

1.  Eligibility:  The Promotion is open to persons who are Indian citizens and residents in India other than in the state of Tamil Nadu, and who are at least eighteen (18) years of age. For the avoidance of doubt, the Promotion is not open to non-resident Indians, Overseas Citizens of India and Persons of Indian Origin. Employees, officers and representatives and members of the immediate families (i.e., parents, spouses, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of Monster, Social Kinnect Private Limited (the “Administrator”), and their respective affiliated companies, parent companies, subsidiaries, participating promotional partners, retailers, distributors, advertising and promotion agencies, webmasters and any company involved in the creation, design, execution, production, or fulfillment of the Promotion (the “Promotion Entities”) are not eligible to participate in the Promotion.  All entries submitted in compliance with these Official Rules by eligible Entrants and not disqualified or void under these Official Rules are considered “Eligible Entries.”  All entries are the properties of Monster.

THE PROMOTION SHALL NOT BE APPLICABLE AND THE CONTRACT SHALL BE VOID IN STATES WHERE THE CONDUCT AND ORGANIZATION OF THE PROMOTION IS PROHIBITED OR RESTRICTED BY LAW. 

2. How To Participate: 

 

  1. How to Enter. In order to enter the week’s lucky draw for the Promotion, the following steps must be followed: 
  1. Purchase a specially marked “Win A Chance To Party With Hardik Pandya” can of Hardik x Monster Energy 350 ml, during the Entry Period. 
  2. Save the original physical purchase receipt for verification at a later date.
  3. Pull the can’s tab to reveal a unique code.
  4. Complete the official online entry form during a day of the Entry Period. This can be done through any of the following three (3) methods:
  1. QR Code Method. A QR code will be featured in all instore points of sale (“POS”). Scan the QR code. This will direct the person to the URL: monsterenergy.com/hardikparty. Enter the unique code found under the can’s tab and complete the official online entry form during that day of the Entry Period.
  2. Text Method. Text ‘HARDIK’ to 7835991991. The person will receive a link to the competition URL (monsterenergy.com/hardikparty). Visit the URL and enter the unique code found under the can’s tab and complete the official online entry form during that day of the Entry Period. 
  3. Website. Visit monsterenergy.com/hardikparty. Enter the unique code found under the can’s tab and complete the official online entry form during that day of the Entry Period. 

 

Other Requirements to Enter and take part in the Promotion. Subject to Monster’s right to waive, modify, change or suspend the requirements on mandatory documents and/or information, an Entrant must have the following documents and/or information in order to take part in the Promotion:

  1. An email address;
  2. Valid photo-identification proof issued by the Government of India; and
  3. Original physical receipt.

 

  1. Draw of Lots. Four (4) winners of the Prize (each a “Winner” and as detailed below) will be drawn each Saturday of the Entry Period for each week of the Entry Period prior to the day of the draw (e.g. Eligible Entries made between Saturday August 1st and end of Friday August 7th will be drawn on Saturday August 8th, Eligible Entries made between Saturday August 8th and end of Friday August 14th will be drawn on Saturday August 15th and so forth, and for the last draw, Eligible Entries made between Saturday December 12th and end of Monday December 14th will be drawn on Saturday December 19th). There will be twenty (20) total prize draws as per the draw dates below, with a total of eighty (80) Winners.  For the avoidance of doubt, any Eligible Entries duly received and registered between June 15, 2020 and July 31, 2020 will be included in the first weekly draw as set out below and there will be no separate and/or additional draw(s) for such entries. This is only applicable to the first draw. All other draws will be with respect to the Eligible Entries made in the week prior as set out in this Section 2(b). Non-winning Eligible Entries shall not carry over to any later prize draw:

 

 

Day

Date

Winners

Promo Start

Saturday

August 1, 2020

-

Draw 1

Saturday

August 8, 2020

4 Winners Drawn

Draw 2

Saturday

August 15, 2020

4 Winners Drawn

Draw 3

Saturday

August 22, 2020

4 Winners Drawn

Draw 4

Saturday

August 29, 2020

4 Winners Drawn

Draw 5

Saturday

September 5, 2020

4 Winners Drawn

Draw 6

Saturday

September 12, 2020

4 Winners Drawn

Draw 7

Saturday

September 19, 2020

4 Winners Drawn

Draw 8

Saturday

September 26, 2020

4 Winners Drawn

Draw 9

Saturday

October 3, 2020

4 Winners Drawn

Draw 10

Saturday

October 10, 2020

4 Winners Drawn

Draw 11

Saturday

October 17, 2020

4 Winners Drawn

Draw 12

Saturday

October 24, 2020

4 Winners Drawn

Draw 13

Saturday

October 31, 2020

4 Winners Drawn

Draw 14

Saturday

November 7, 2020

4 Winners Drawn

Draw 15

Saturday

November 14, 2020

4 Winners Drawn

Draw 16

Saturday

November 21, 2020

4 Winners Drawn

Draw 17

Saturday

November 28, 2020

4 Winners Drawn

Draw 18

Saturday

December 5, 2020

4 Winners Drawn

Draw 19

Saturday

December 12, 2020

4 Winners Drawn

Draw 20

Saturday

December 19, 2020

4 Winners Drawn

 

3. General Entry Terms and Conditions: An Entrant shall be permitted to submit a maximum of one (1) entry per day of the Entry Period (including in respect of any Eligible Entries submitted between June 15, 2020 and July 31, 2020). For purposes of this Promotion, a “day” begins at 12:01 a.m. IST and ends at 11:59 p.m. IST.  Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Monster’s sole and absolute discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  Subsequent attempts made by the same individual to submit multiple entries in excess of the stated limits by using multiple or false contact information or otherwise may be disqualified. The Promotion Entities are not responsible for technical failures of any kind, including, but not limited to, the malfunctioning of any wireless network, telephone, computer, computer network, hardware or software or the unavailability or inaccessibility of any service.  The Promotion Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's handset to receive messages. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Monster issued in accordance with these Official Rules may be disqualified. All materials submitted become the property of Monster and will not be returned. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements under Section 1 are void. Normal time rates, if any, charged by the Entrants’ internet service or mobile provider will apply.  

The odds of winning depend on the total number of Eligible Entries received for each week within the Entry Period and for the first draw shall also depend on any Eligible Entries submitted between June 15, 2020 and July 31, 2020. For the avoidance of doubt, the Entry Period ends at 11:59 PM IST on Tuesday, December 14, 2020 and entries received after such time shall not be considered. 

For the avoidance of doubt, an Entrant cannot win a Prize more than once. If an eligible Entrant is selected as a Winner, such Entrant will not be eligible to win any other draw(s) in the Promotion.

4.  Prize: A total of eighty (80) persons will win tickets to attend the party with Hardik Pandya. Such eighty (80) persons shall be selected through the process of a lucky draw of the Eligible Entries of the Entrants under the Promotion. Each Winner (as defined below) shall be entitled to bring one (1) additional person as a guest, who satisfies the eligibility criteria in these Official Rules, to the event. 

Prize Details: The one hundred sixty (160) persons, comprising eighty (80) Winners and eighty (80) guests (i.e. one (1) guest per winner), will ONLY receive (a) entry into the event that will be attended by Hardik Pandya and held at a venue (“Venue”) in Mumbai (the date to be determined and communicated to the Winners in Monster’s sole discretion); and (b) tickets for two (2) drinks at the event per Winner (including his/her eligible guest) (the “Prize”). Monster reserves the right to change the location and date of the event in its sole discretion, and the final date, venue and time will be notified to the Winners under Section 6. For the avoidance of doubt, the Prize does not include transportation to and from Mumbai, or to and from the event, any accommodation in India or food during the event.  All Winners and their guests shall have to incur and bear all expenses (including travel, lodging and other incidental expenses) to reach the Venue, attend the event and/or collect/redeem the Prize, and Monster shall not reimburse or be liable to bear any such costs and expenses. Each Winner hereby expressly agrees that a Winner shall not have any claim(s) against Monster if such Winner is unable to attend the event and/or collect/redeem the Prize for any reason whatsoever and shall not make any claims against Monster for any expenses incurred to attend the event and/or collect/redeem the Prize. The value of a ticket to enter the event and the two (2) drink tickets would be up to a maximum of ₹3,000 (Rupees Three Thousand Only) per Winner (including, for the avoidance of doubt, such Winner’s eligible guest). 

Monster reserves the right to refuse service of alcohol to any Winner and/or guest who is below the minimum legal age for consumption of alcohol as per applicable laws, and may require the production of a valid government-issued identification proof at the event.

The precise date and location of the Prize will be specified at a later date by Monster. Monster reserves the right to change, vary and modify the date and location of the event. 

It is clarified that no payments, in cash or kind, in addition to or in lieu of the Prize shall be made to any Winner. 

5.  Winners Selection: By December 19, 2020, the potential eighty (80) Winners will be determined via a random drawing, from all Eligible Entries received in the manner set out in Section 2(b) above.  Entrants need not be present for the drawing to win.  

6. Notification: Each potential Winner will be notified within three (3) business days of each drawing.  Each potential Winner will be notified by email (at the email address provided with the Eligible Entry) and will be required to confirm his/her e-mail address. Potential Winners must provide a hard copy of the winning purchase receipt of the Hardik x Monster Energy 350 ml can specifically marked “Win A Chance To Party With Hardik Pandya”. Selection of an eligible Entrant in the drawing will be awarded to the authorized account holder of the e-mail address submitted with the Eligible Entry regardless of the individual who submitted the selected Eligible Entry. If a potential Winner is unable to accept the right to the ticket or cannot be reached after reasonable effort has been exerted (including through notification returned as undeliverable) or fails to respond within three (3) days of the date of notification, the potential Winner forfeits the right to the ticket. Monster reserves the right to select an alternate potential Winner from all remaining Eligible Entries; provided, however that Monster shall be under no obligation to continue to run the winner selection and notification process until a Winner is confirmed for each ticket.  For the avoidance of doubt, if an eligible Entrant is selected as a Winner, such Entrant will not be eligible to win any other draw(s) in the Promotion, even if such potential Winner is unable to accept or cannot be reached or fails to respond in accordance with the foregoing. The list of potential Winners will be published on Monster’s website www.monsterenergy.com/hardikparty, on a rolling basis in accordance with the Winner selection process set out in Section 2(b) and this Section 6.

7.  Winner Verification:  Within three (3) days of being notified of being a potential Winner, each potential Winner may be required to complete, sign, and return documentation required by Monster — including a notarized affidavit of eligibility, release of liability, and a publicity release form (except where prohibited).  Provided that a potential Winner is in compliance with the Official Rules and after having successfully proven eligibility under this Section, the potential Winner shall be determined to be a Winner.  Monster expressly reserves the right to delay the announcement of the Winners for any reason it deems necessary.    

Monster further expressly reserves the rights to waive, modify, change or suspend the requirement of any documentation to be produced including under Section 6 or this Section 7.

8.  Liability Release and Indemnity:  By entering the Promotion, Entrant agrees that Monster, any other Promotion Entities, and each of their respective parents, subsidiaries, affiliated companies, employees, officers, directors, shareholders, agents, retailers, distributors and representatives shall not be responsible or liable for, and shall be indemnified, released and will be held harmless by Entrant from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of a Prize.  

Each Prize (and its components) is offered and provided “as is” with no warranty or guarantee by Monster, either express or implied, concerning the quality, suitability or comfort.  Any and all warranties and/or guarantees on the Prizes (if any) are subject to the manufacturer’s or service providers’ terms therefor, and Winner agrees to look solely to such manufacturer(s) or service provider(s) for any such warranty and/or guarantee.  By participating in the Promotion, each Winner acknowledges that the Promotion Entities have not and will not obtain or provide insurance of any kind relating to the Prizes.

Entrants agree to indemnify, defend, and hold harmless the Promotion Entities from any and all liability arising out of or relating in any way to Entrant’s participation in the Promotion and to release all rights to bring any claim, action or proceeding against the Promotion Entities arising out of participation in the Promotion, use of the Promotion website(s), or receipt or use of any prize, including but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Promotion or the processing of entries; or (f) injury or damage to persons or property (including to any computer systems resulting from participation in or accessing or downloading information in connection with the Promotion), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use of any prize.  Entrants assume all liability for an injury or damage caused, or claimed to be caused, by participation in this Promotion, the use of any Promotion website(s), or the acceptance, receipt, or use of any prize or prize component.  Entrants further agree that in any cause of action, the Promotion Entities’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Promotion Entities be liable for attorney’s fees. 

 

The Promotion Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Promotion, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Promotion, or other errors appearing within the Official Rules or in any Promotion related advertisements. The Promotion Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Promotion, errors in processing entries, identifying the Winners, in the announcement of the prizes and Winners, the delivery and/or administration and/or provision of the prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the internet or on any website, or any combination thereof, including, without limitation, any injury or damage to Entrant’s or any other person’s computer system or software related to or resulting from participation in, uploading any materials or downloading any materials in the Promotion.  Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void.  Monster reserves the right in its sole discretion to disqualify any person it suspects or finds: (i) to have tampered with the entry process or the operation of the Promotion; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring such Winner or the Promotion Entities into disgrace (e.g., including but not limited to, a person committing acts of moral turpitude, and/or allegations or convictions of any crime); (iv) to have provided inaccurate information on any legal documents submitted in connection with the Promotion; or (v) to be acting in violation of these Official Rules. 

If any Entrant has listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”), they 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 the Promotion Entities in this regard. Persons intending to participate in the Promotion who have not de-registered themselves from the NDNC Registry shall not have any right to make any claim or raise any complaints against the Promotion Entities 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 Entrant 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.

ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE PROMOTION AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED. 

 

9.  Prize Terms: Total aggregate value of all Prizes offered in the Promotion shall not exceed ₹240,000 (Rupees Two Lakh Forty Thousand Only). The value is subject to change based upon current market conditions at the time of prize fulfillment. Any difference between the value and the actual value, if any, will not be awarded. There is a limit of one (1) Prize per Winner. All prize details not specified in these Official Rules will be determined in Monster’s sole discretion. The date for fulfillment of the prizes is anticipated to be on or around January/February 2021; but all subject to change in Monster’s sole discretion. If, for any reason, a prize is unavailable or any prize or related event is delayed, cancelled or postponed, or for any other reason, Monster reserves the right to modify the Promotion in its sole discretion and/or award a substitute prize, or portion of a prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of a prize, or any portion thereof, is permitted by a Winner. The Promotion Entities shall have no responsibility or obligation to a Winner (or a potential Winner, if applicable) who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize.  Each Prize is provided “as is”.  Entrants acknowledge that the Promotion Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including any express warranties provided by any prize supplier that are sent along with a Prize.  Any prize pictured in online, television and print advertising, promotional packaging and other Prize materials are for illustrative purposes only.

 

The value of a prize will be taxable to the Winner as income, if applicable under applicable law.   

10.  Grant of Rights.  By entering the Promotion, Entrant irrevocably consents to the use of his or her name, image, photograph(s), likeness, biographical information, and any video footage related to the Promotion, the event and/or the Prize, as applicable, for Monster’s advertising, promotional or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation, unless prohibited by law.

11.  General Terms.    By entering the Promotion,  Entrants:  (a) agree to be bound by these Official Rules and by the interpretation of these Official Rules by Monster and by the decisions of Monster, which are final and binding in all respects; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable central, state and local laws, rules and regulations; and (d) agree to release and hold harmless the Promotion Entities from and against any claims, injury or damages arising out of or relating to participation in the Promotion and/or the use, misuse or redemption of a Prize, and for any claim including claims based upon defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Promotion, the Prizes, or Monster’s  advertising and marketing related to the Promotion, Entrants or the Winners.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

The Promotion Entities are not responsible if the Promotion cannot take place or is delayed, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, coronavirus (COVID-19) pandemic, other epidemics or medical emergencies, government mandated lockdowns, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, other force majeure events or other events outside of the reasonable control of the Promotion Entities.  If, for any reason, the Promotion is not capable of running as planned (including due to, without limitation, coronavirus (COVID-19) pandemic, other epidemics or medical emergencies, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Promotion Entities, which, in Monster’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion) or for any other reason in Monster’s sole discretion, Monster reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion or any part of the Promotion. If the Promotion or any part of the Promotion is terminated or modified prior to the close of the Entry Period, notice will be posted on www.monsterenergy.com and the Prizes will be awarded to potential Winners to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of Monster.  Monster reserves the right to modify, withdraw and replace or amend these Official Rules from time to time during the Promotion or thereafter including to modify and amend the Entry Period and/or the manner, timing and number of draw of lots.

 

Monster and the Administrator will not be responsible or liable for failure to receive entries due to transmission failures or technical failures of any kind, including without limitation, electronic malfunction of any network, hardware or software. Proof of submission does not constitute proof of entry. Monster and the Administrator reserve the right in their sole discretion to cancel or suspend the Promotion should viruses, bugs or other causes beyond its control corrupt the administration, security or proper play of the Promotion. In the event of cancellation of any Promotion, the Prizes (or a portion thereof, as determined by Monster in its sole discretion) will be awarded in a random drawing from eligible entries received prior to cancellation.

 

ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, MONSTER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Monster’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on a website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Monster’s sole and absolute discretion.

 

Stock without the Promotion offer will also be available across India. Further, (i) certain stock containing the Promotion offer may continue to be available even after the Entry Period, and (ii) certain stock containing the Promotion offer may be available before the Entry Period and in relation to which Eligible Entries duly received and registered between June 15, 2020 and July 31, 2020 will be included in the first weekly draw to be conducted in accordance with these Official Rules. However, consumers understand and agree that they will not be permitted or otherwise be entitled to participate in the Promotion after the expiration of the Entry Period and they further agree not to raise or make any claim or complaint against the Promotion Entities on account of (i) availability or unavailability of stock at any time, (ii) availability of stock containing the Promotion offer prior to commencement of the Entry Period or after expiry of the Entry Period or (iii) availability of stock without the Promotion offer during or after the expiry of the Entry Period.

 

12.  Privacy: All information submitted by Entrants and collected by Monster in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Monster’s web site Terms of Use accessible at: https://www.monsterenergy.com/in/en/terms-of-use and Monster’s privacy policy available at:  https://www.monsterenergy.com/in/en/privacy-policy. By participating in the Promotion, Entrants hereby agree and consent that Monster may collect and use their personal information submitted with the entry as stated in the privacy policy.  Among other things, the information you provide may be used to send you company updates and announcements from Monster concerning the company and its products. By participating in the Promotion, Entrants hereby agree and consent that Monster may share their personal information submitted with the entry for the purposes of Winner selection and fulfillment.

  

13.  Binding Arbitration:  Except where prohibited by law, Entrant agrees: (1) any dispute, controversy or claim arising out of or relating to the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any dispute, controversy or claim arising out of or relating to the Promotion or any prize awarded shall be resolved by binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996 (“Arbitration Act”); (3) any arbitration shall be heard by a sole arbitrator to be mutually appointed; (4) the arbitration shall take place in Mumbai, India; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorneys’ fees or costs of bringing a claim, or any injunctive or other equitable relief; and (7) the costs and expenses of the arbitration, including the fees of the arbitration and the arbitrator, shall be borne equally by each party to the dispute, and each party to the dispute shall pay its own fees, disbursements and other charges of its counsel, in each case, except as otherwise determined by the arbitrator in accordance with the Arbitration Act and rules formed thereunder. In the event any party to the dispute refuses to pay its share of the costs and expenses of the arbitration, the other Party to the dispute at its sole discretion, may pay such Party’s costs and expenses and proceed with the arbitration.

 

14.  Governing Law:  Subject to Section 13 above, all central, state and local laws and regulations apply.  Void where prohibited by law.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Monster in connection with the Promotion, shall be governed by, and construed in accordance with the laws of India. Subject to Section 13 above, courts in Mumbai, Maharashtra shall have exclusive jurisdiction over any disputes in connection with the Promotion.    

15.  Sponsored by:   This Promotion is sponsored by Monster Energy India Private Limited, 1302, Tower 3, India Bulls Finance Centre, Senapati Bapat Marg, Elphinstone Road, Mumbai 400013, Maharashtra. 

 

16.  Administered by:  This Promotion is administered by Social Kinnect Private Limited, 1st Floor, A Wing, Mafatlal Chambers, N M Joshi Marg, Lower Parel East, BDD Charwl, Lower Parel, Mumbai, Maharashtra 400013.

 

NOTE:  Entrant understands that he or she is providing information to Monster Energy India Private Limited. If an Entrant opts-in, the information provided will only be used for sending Entrants company updates and announcements from Monster Energy India Private Limited about the company and their products.