TERMS AND CONDITIONS FOR #D2C Black Friday Offer 2022
This document is an electronic record in terms of the Information Technology Act, 2000 and the Rules thereunder as applicable. This electronic record is computer generated and does not require any signatures, physical or digital.
Please read the terms and conditions carefully before participating in #D2C Black Friday Offer 2022 (“Offer”). By participating in the Offer, you agree to be legally bound by these terms and conditions. If you are not agreeable to any of the terms and conditions, please do not participate in this Offer.
Terms and Conditions
This Offer is being made available by Kohler India Corporation Private Limited, having its registered office at 26 A, Ring Road, Lajpat Nagar- IV, Delhi- 110024 (“KICPL”) for its consumers who are above the age of 18 years as of the start date of the Offer and, is also subject to the other eligibility criteria contained herein. These terms and conditions apply to every person availing the Offer in India (“Participant (s)”). The Offer is valid from 00:00 IST on November 18, 2022, till 23:59 IST on November 27, 2022 (“Offer Period”).
“Alliance Partner” shall mean Qwikcilver Solutions Private Limited, a company incorporated under the Companies Act, 1956, having its registered office at 207 Gupta Arcade, L.S.C, Plot #5 Mayur Vihar Phase-I Extn., Delhi – 110 091 and its corporate office at No. 111, 1st floor, “Brigade Manae Court”, Industrial Layout, Koramangala 5th Block, Bangalore – 560095
All Participant (s) availing of the Offer are deemed to have accepted and agreed to abide by these terms and conditions. KICPL reserves the right to extend, cancel, discontinue, withdraw, postpone, change, alter or modify the Offer or any part thereof, including the eligibility criteria and the Reward (as defined below) at its sole discretion at any time as may be required in view of business exigencies and/or changes by applicable government orders or statutory changes and the same shall be binding on the Participant (s). In case of any change or alteration of terms and conditions, it shall be the responsibility of the Participant (s) to familiarize themselves with such modified terms and conditions, and KICPL shall assume no obligation to intimate any participant separately.
The Offer shall be open to individuals being Indian Citizens. Interested individuals are eligible to participate in the Offer by purchasing the eligible product SKUs available at selected retail outlets(s) of KICPL’S nominated dealer(s) and/or its online store (www.shopkohler.in) (“Kohler Products”). This Offer is valid on the purchase of the Kohler Products.
Any of the employees, distributors, wholesalers, affiliates, retailers, business partners, vendors, agencies of KICPL or any of its group companies, or their immediate family members shall be ineligible to participate in the Offer.
Participation in the Offer is optional. To participate in the Offer, the Participant (s) has to purchase the Kohler Products of Minimum Purchase Value (as mentioned below) during the Offer Period, from KICPL’S authorized dealers or from the online store (www.shopkohler.in) in a single order and collect/download the Gift Card (as mentioned below).
Stocks of the Kohler Products without the promotion Offer will also be available with KICPL and/or its business partners. Further, specific inventory of the Kohler Products covered by this promotion Offer may be available before commencement of the Offer Period or continue to be available even after the Offer Period. However, Participant (s) understand and agree that they will not be permitted to participate in the Offer after the expiration or prior to the start of the Offer Period and further agree not to raise any claim or complaint against KICPL or its business partners in this respect.
This Offer cannot be combined or clubbed together with any other promotion, offer or scheme organized or conducted by KICPL or its authorized retailer/ outlet.
The Reward: Consumer(s) availing the Offer by purchasing Kohler Products shall be eligible for a Reward as per the following table:
Minimum Purchase Value of Kohler Products
Rs. 10,000/- to Rs. 20,000.
Electronic RuPay Card worth Rs. 2,000/-.
Rs. 20,000/- and above.
Electronic RuPay Card worth Rs. 5,000/-.
The electronic RuPay Card (“Gift Card”) will be issued in electronic form only, to the eligible Participants opting for the Offer. Participant(s) shall be solely liable to bear any cost that may be incurred by them in collecting/availing/redeeming the Gift Card(s).
A Participant is eligible to avail the Reward only once and as per the terms and conditions of this Offer.
The Participant shall abide by any/all instructions/procedures of the Alliance Partner with respect to the issuance of the Gift Card. Failure to abide by the same shall lead to disentitlement from, and cancellation of the Gift Card for the Participant.
The Gift Card(s) shall also be subject to the terms and conditions prescribed by (i) the Alliance Partner; (ii) National Payments Corporation of India on gift cards, the entity which is the primary issuer of the Gift Cards and (iii) the brand owners; and (iv) online portals/websites where the Participant(s) shall use the Gift Card(s). Further, the usage of the Gift Card(s) must be in compliance with and subject to applicable central, state and local laws and regulations in India including but not limited to the guidelines, compliances and regulations issued by the Reserve Bank of India on gift cards from time to time (“Applicable Laws”). Notwithstanding the above, once Participant receives the Gift Card, KICPL shall be excluded from any liability or dispute relating to the usage of the Gift Card.
The Gift Card(s) will be issued after a period of 7 (seven) days from the date of delivery of the Kohler Products purchased by the Participant. In the case of any return of the Kohler Products after issuance of the Gift Card(s), KICPL shall, at its sole discretion, reduce or adjust the value of Gift Card(s) from the refund amount or the value of the replacement Kohler Product which the Participant may buy on account of return.
Gift Card(s) shall be valid for a period of 2 (two) years. Gift Card(s) can be used and redeemed at any of the websites which accept RuPay instruments. The validity of the Gift Card may be extended, or a replacement card may be issued on expiry, upon request from the Participant subject to applicable fees and at the sole discretion of Alliance Partner) National Payments Corporation of India (the entity which is the primary issuer of the Gift Card(s)).
All fees, surcharges, goods, and applicable taxes with respect to Gift Card(s) shall be borne by the Participant. KICPL shall have no liability towards the same. There may be surcharge applicable on certain card transactions. In such an event, the same will be deducted from the balance available in the Gift Card(s) at the time of transaction. In case the balance is not enough to provide for the surcharge the transaction shall be declined.
Gift Card(s) shall not be reproduced or altered in any way by the Participant or any party, including but not limited to counterfeiting or other evidence of taping or sequential numbering patterns. The Gift Card(s) cannot be reloaded/resold/transferred once issued.
The Reward will be provided to the Participant(s) in accordance with these terms and conditions. The Reward under the Offer is not transferable, assignable, or exchangeable for the cash equivalent. Cash withdrawal facility is not available on the Gift Card(s). Only the Reward winners and no other person, including their family members, may claim the Reward.
It is clarified that the material specifications of the Reward(s) and all related aspects thereto will be at the sole and absolute discretion of KICPL and will be made available on an as-is-where-is and whatever-is-available basis. KICPL makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Participant (s) and/or any third party, including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.
The Participant will be automatically disqualified without notice if the eligibility criteria stated herein is not being met or if the Participant(s) uses his/her participation for commercial benefit using KICPL’s or its affiliates name(s). In any case, at any time, KICPL becomes aware any of the Participant(s) has obtained any Reward in violation of the Offer terms and conditions, KICPL shall have right to initiate appropriate legal proceedings against such ineligible Participant(s).
The Participant(s) undertake and irrevocably and unconditionally permit KICPL, or any entity approved by KICPL to cover the Offer and/or any and all aspects relating thereto through various media including newspapers, radio, television including news and other channels, internet, point of sale materials, etc., and shall not raise any objection, protest, or demur whatsoever to such coverage or in this regard.
If requested by KICPL, the Participant(s) must participate in all promotional activity (such as publicity and photography) surrounding the winning of the Rewards, free of charge, and they consent to KICPL, or any entity approved by KICPL using their name and image in all promotional materials.
Offer forms/documents, and any materials (whether in written, audio, electronic or visual form, or a combination of those) of the Participant(s) will be deemed to be the property of KICPL and KICPL shall have the right, in perpetuity, to use the material in any medium (including internet) free of charge and in any reasonable manner it sees fit. All present and future intellectual property rights in any such material become and remain the sole property of KICPL. The Participant (s) hereby expressly, irrevocably, and unconditionally waives, to the maximum extent possible, all moral rights to which he/she may now or at any time be entitled in respect of any video, photo, film, or other document protected by intellectual property rights.
Failure to comply with any of these terms and conditions will disqualify any Participant from continuing to take part in the Offer, and such Participant’s participation will be invalid. KICPL retains the sole discretion to refuse Participant (s) the right to participate if it is of the view that these terms and conditions are being violated.
By entering this Offer, the Participant(s) agrees and undertakes not to hold KICPL and/or any of their group entities or affiliates, their respective directors, officers, employees, agents responsible for or liable for any actions, claims, demands, losses, damages, costs, charges and expenses (however named or described) that the Participant may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of the present Offer or the Reward provided.
The Participant(s) shall be solely responsible for any consequences which may arise due to their participation in the Offer, including by conducting an illegal act. Participant(s) also undertakes to indemnify the KICPL and its officers, directors, employees, and agents on the happening of such an event (including without limitation cost of an attorney, legal charges etc.) on a full indemnity basis for any loss/damage suffered by KICPL on account of such act on the part of the Participant (s).
KICPL, its affiliates, sponsors and related companies are not liable for any loss, damage, or injury by or to any person in connection with the Offer.
KICPL and/or its affiliates/associates accepts no liability or responsibility if the Offer (in whole or part) is not capable of being executed for any reasons or conditions beyond the control, i.e., Force Majeure conditions.
In consideration of KICPL allowing the Participant (s) to take part in the Offer, to the maximum extent permitted by the Applicable Laws, the Participant (s) waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against KICPL, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Offer or related to the Offer or the Reward of the Offer.
All Participant (s) acknowledge and agree that the decisions of KICPL with respect to all aspects of the Offer are final, and no correspondence will be entered into in this regard.
KICPL accepts no responsibility for difficulties experienced by the Participant (s) in availing of the Offer and/or purchasing Kohler products. KICPL is not liable for any problems, errors, or negligence that may arise or occur in connection with this Offer. KICPL shall not be liable in any way for any failure or breach by any party in connection with this Offer, Reward or Rewards and accepts no responsibility for any loss suffered by a participant(s) arising from this Offer, Reward or Rewards.
KICPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties in relation to the Reward. KICPL, its partner agency and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, and agencies will not be responsible for any late, lost, misrouted, garbled or distorted or damaged transmissions, entries, or documents.
By entering the Offer, the Participant (s) hereby release from and agree to indemnify KICPL and/ or its affiliates, any of its respective officers/employees, sponsors, agents etc. from and against all liability, cost, loss or expense arising out of acceptance of the Reward or participation in the Offer including (but not limited to) personal injury and damage to property and whether direct, indirect, special or consequential, foreseeable, due to some tort, negligent act, breach of statutory duty, or omission, or otherwise. While accepting the Reward, the Participant may be required to sign an “indemnity and release of claims” form at the sole discretion of KICPL, which shall release KICPL of all the liability under the terms and conditions. Failure to complete and sign any documents requested by KICPL may result in disqualification. All decisions of KICPL are final in this regard.
Participant(s) must comply with all the Applicable Laws.
The Offer is valid subject to compliance of all formalities as required by KICPL from time to time. Any failure on the part of the Participant (s) to comply with the specified formalities shall disqualify the Participant (s).
The Applicable Laws shall govern the Offer. The courts of competent jurisdiction at New Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Offer.