01st January’22- 03rd January’22
Terms & Conditions
These terms and conditions are applicable for the ‘New Beginnings - UGC’ Contest Program (hereinafter called the "Program"), organized by Canon India Private Limited (“CANON INDIA/We/Our”). This program is available on Facebook and Instagram page of CANON INDIA (“Program Platform”)
The #NewBeginningWithCanon Program General terms and conditions:
PART - I
1. The Program is valid for Indian citizens who have attained the age of 18 years or above and meet the eligibility criteria set out herein. (“Contestants”)
2. The Program shall be promoted on the program platform and shall be valid for the period commencing from 01st January’22- 03rd January’22 (‘Program Period’) (Both days inclusive).
3. The contestants will participate in the Program at their own cost and expenses. CANON INDIA shall not be responsible for any cost or expenses incurred by the contestants.
4. The participation in the Program is voluntary. By participating in the Program, the contestant shall be deemed to have read, understood and unconditionally accept the terms and conditions of the Program and further agree to irrevocably bond by its terms and conditions.
5. Eligibility Criteria and how to participate in the Program:
FACEBOOK-
i. Contestants shall post pictures of New Beginning on the comments section of our campaign posts, and upload them through the Program platform i.e. Facebook using #NewBeginningWithCanon (“Photo Entry”)
ii. Contestants will need to tag Canon India official social handle (canonindia_official) on their program entry photos. (Program Platform)
INSTAGRAM-
i. Contestants shall post pictures of New Beginning as stories or upload them through the Program platform i.e. Insatgram using #MemoriesThatDelight (“Photo Entry”)
ii. Contestants will need to tag Canon India official social handle (canonindia_official) on their program entry photos. (Program Platform)
6. CANON INDIA reserves the right to modify or cancel this Program at its sole discretion in the event of any force majeure events including but not limited to natural disasters, terrorism related risks, civil war or any reasons which in the opinion CANON INDIA may adversely affect the Program and the continuity of the Program will not be commercially viable or for any other circumstances beyond the control of CANON INDIA.
7. Employees of CANON INDIA and other companies associated with the promotion of the Program, and their respective parents, subsidiaries, affiliates, and any of the advertising or promotion agencies, program judges, program prize suppliers, any other companies engaged in the development, production, or distribution of materials for this Program and members of the immediate families of, or persons domiciled with, any of the above, are not eligible to enter this Program.
8. CANON INDIA and its panel of judges will review, judge and select the winners randomly out of all the eligible entries received during the Program period. All eligible entries submitted will be individually judged by CANON INDIA and its panel of judges in their sole discretion. CANON INDIA will at its discretion select random three (3) winners (“winners”) and each of the winners shall be eligible to receive one (1) surprise gift (“prize”) from CANON INDIA.
9. The winners of the Program shall be announced in the Program Platform by CANON INDIA, within 30 days from the end date of the Program Period
10. This Program or the prize won by the winning contestants is non-transferable, non-negotiable and cannot be exchanged for cash.
11. In the event contestant is not reachable, ineligible, or fails to claim the prize within the stipulated time as communicated by CANON INDIA, the prize shall stand withdrawn without any further reference to the winning contestant.
12. This Program is in no way sponsored, endorsed or administered by, Facebook, , Instagram or any other social media platform. The contestant will be providing their information to CANON INDIA and not to any Program Platforms. By participating in the Program, the contestant hereby consents to allow CANON INDIA and its authorized service providers to access information of the contestant on the Program Platforms of CANON INDIA or anywhere else for the purpose of this Program.
The contestant may change the address and contact details entered at the time of verification within one calendar day from the time of completion of such verification. In order to make any changes mentioned above, the contestant has to send an email to CANON INDIA.dya@canon.co.in regarding such change(s).
13. Contestant agrees that all/any tweet and/or post/comment appearing in the Program Platform with regard to the Program by the contestants shall be their sole responsibility.
14. By participating in the Program, it would be deemed that the contestants have given permission to CANON INDIA to contact them through call, SMS or email for the purpose of announcing them as winners and use their contact details provided at the time of registration and/or during the Program to send out any promotional and advertising communications relating to any products marketed, distributed and/or supplied by CANON INDIA. Contestants unconditionally agree not to make any claim or raise any complaint against CANON INDIA and/or its officers, directors, employees, subsidiary or any authorized third-party agency in this respect.
15. All winning contestants are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by CANON INDIA to ensure complete compliance with these terms and conditions. CANON INDIA reserves the right to verify the winning contestant’s details either on their own or through authorized agency / person and the winning contestant shall provide all necessary assistance in such verification. In exercising this right, CANON INDIA may ask the winning contestant to provide any documentary or other form of evidence regarding the information submitted by the winning contestant at the time of registration, and if such evidences fails to substantiate the information provided by the contestant to CANON INDIA, then CANON INDIA in its sole discretion, shall have the right to disqualify the winning contestant(s) without any liability.
16. The Program cannot be combined with any other program and/or offer from CANON INDIA, subsisting or announced at the same time or on a future date by CANON INDIA.
17. CANON INDIA reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Program or any part thereof at its sole discretion at any time during its validity and without notice, as shall be required in view of business exigencies and/or changes by regulatory authority and/or statutory changes and/or force majeure events and the same shall be binding on the Contestants.
18. Suspected or actual fraud and/or suspected or actual abuse relating to the Program, by way of fake or duplicate profile or profiles may result in disqualification of the Contestant’s participation in the Program in addition to any other rights or remedies available to CANON INDIA whether in law or equity against the Contestant.
19. Failure by CANON INDIA to enforce any of its rights at any stage against Contestant does not constitute a waiver of those rights.
20. Except for any liability that cannot be excluded by law, CANON INDIA (including its Directors, officers, employees and agents) excludes all liability for any loss or damage, whether direct, indirect, special or consequential, arising in any way out of the program.
21. If any terms and conditions of the program are found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions, unless it is practically not possible to administer the program.
22. Decision of CANON INDIA on all aspects including with regard to administering the Program shall be final and binding on the Contestant.
Use of Data (excluding Photographs)
CANON INDIA may appoint any third party for managing the program (authorized service provider).
CANON INDIA shall treat the data (excluding photograph including any personal data/information but excluding the photographs) received from the Contestant in accordance with applicable laws and regulations. The data (excluding photographs) supplied by the contestant will be used for the purpose of: (a) maintaining CANON INDIA's records relating to the contest; (b) conducting the program; and/or (d) any other purposes relating thereto ("Purposes of Use")
The contestant hereby agree that CANON INDIA and/or its authorized service provider may collect, use, disclose or transfer the data (excluding photographs) received from the Contestant in accordance with applicable laws. Without prejudice to the generality of the foregoing, the Contestant consents that CANON INDIA may disclose/transfer such data to its subsidiaries, affiliates or sub-contractors, or to CANON INDIA’s parent company/holding company, or any of subsidiaries or affiliates of CANON INDIA’s parent company or their subcontractors, and use or cause them to use such data for and in connection with the Purposes of Use.
The contestant shall have the right to access data provided by the Contestant and held by CANON INDIA and/or its authorized service provider; and correct any such data held by CANON INDIA and/or its authorized service provider that is inaccurate in accordance with the terms and conditions of the program.
PART – II
Representation and Warranties by Contestant:
23. Contestant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/ or entering into the Program the Contestant warrants that all information provided by the contestant regarding its name, age, state, city, address, phone number, etc., is true, correct, accurate and complete and that the contestant is authorized to provide such information and consents to the use of such information by CANON INDIA and/or its authorized service provider for the purpose of the Program.
24. Further, CANON INDIA shall be at liberty to use the images, /photographs of the contestants testimonial, stories and any other content associated with the program and taken/created/submitted by the contestants during the Program in its media coverage, advertisement, promotions, marketing collaterals, websites etc. and/or publicity in any form within India or worldwide without any further reference and consideration to the contestants including in promotion of any products marketed, distributed and/or supplied by CANON INDIA.
25. The contestant by participating in the Program unconditionally consents to unconditional transfer of the ownership rights of the photographs taken/submitted by the contestant to CANON INDIA for CANON INDIA’s sales and marketing activities as set out herein in perpetuity on any medium and further agrees that CANON INDIA shall not in any way be held responsible and/or liable for misuse, if any, of said Photographs/content by any unauthorized third party. All rights, title and interest including but not limited to the Intellectual Property Rights in the promotional material(s) created or developed by CANON INDIA using: (i) images, photographs, testimonial, stories and content submitted/created by the contestants during the Program, (ii) all/any tweet and/or post appearing in social media platform with regard to the Program posted by the contestants, and (ii) any/all details received at the time of registration by the contestants shall vest solely and exclusively with CANON INDIA at all times and CANON INDIA shall be entitled to use the same in any media promotional, marketing, advertisement and publicity purpose in perpetuity without any further reference or payment or compensation to contestant. Contestant shall be solely responsible for any consequences which may arise due to any kind of infringement of copyrights or any kind of intellectual property rights belonging to any third party(s) and also undertake to indemnify CANON INDIA and its officers, directors, employees etc. against any claim by a third party or any loss or damages suffered by CANON INDIA for reasons attributable to the Contestant or for any violation of the terms and conditions of the Program by the Contestant, including but not limited to damages, costs, and legal expenses as a result of such claim.
26. Contestant agrees not to post images, testimonial, stories and content and all/any tweet and/or post appearing in social media platform with regard to the Program posted by the contestants, which : (a) are harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, pornographic, pedophilic, invasive of another’s privacy, hateful, ethnically or otherwise objectionable, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (b) cause annoyance or inconvenience or deceive or mislead the Customer about the origin of such Content which is grossly offensive or menacing in nature; (c) belong to another person or entity (d) are adverse, offensive / derogatory reference to Corporations or Brands; (e) are adverse, offensive / derogatory reference to any personality, living or dead; (f) be adverse, offensive / derogatory reference to communities, living or extinct (g) be/have adverse, offensive / derogatory reference to any city, building, geographical feature, etc. that can be singularly / uniquely identified in the world (h) have adverse, offensive / derogatory reference to any gender (i) have adverse, offensive / derogatory reference to animals; (j) have adverse, offensive / derogatory reference to physical / racial attributes; (k) be lascivious or appeals to the prurient interest or the effect whereof is such as to tend to deprave or corrupt any person; (l) whose presentation, dissemination or disclosure whereof, infringes any patent, trademark or any intellectual property right or confidentiality obligation; (m) be declared by CANON INDIA acting in its sole discretion, to be opposed to standards of morality or decency, or to be opposed to public policy or to CANON INDIA’s internal code of conduct or other policies/guidelines adopted by CANON INDIA(n) shall be adverse, offensive / derogatory reference to any other companies, organizations, religious associations, political parties, governments (state and central), anyone’s private life, any other commercial and non-commercial entities; (o) shall be such which could give ground for action for defamation or misrepresentation or breach of confidence or breach of copyright or is otherwise offensive to the public; (p) such that communicates words, which incite terrorism, the misuse of weapon, or encourage or incite a person to commit criminal offence; (q) is such that suggest or encourage or incite any person to use harmful substance or engage to dangerous practices; (r) is such whose purpose either directly or indirectly is to promote the sales of goods or services shall bear an identification stating that the message or program is an advertisement and the content of the message or program is an advertisement.
27. Contestant agrees that they shall follow the guidelines available at or in any manner associated with the terms available at:
● https://www.facebook.com/legal/terms for Facebook posts
●https://help.instagram.com/478745558852511 for Instagram posts
28. Contestant agrees that CANON INDIA shall have sole rights to all images, testimonial, stories and content created by the contestants and to any other information posted by Contestant relating to or during the course of their participation in the Program.
29. Contestant agrees and consents that any and all information submitted by the Contestant including but not limited to the submissions and personal information of the Contestants may be required to be shared with other third parties engaged by CANON INDIA, for the purposes of verifying and/or audit the authenticity of the content received from the contestants. Further, the Contestant hereby understands that such third parties may be located outside the jurisdiction of India and notwithstanding anything, each contestant consents to transfer of information (including any personal information) to any such locations.
30. Contestant gives CANON INDIA the right to publish and broadcast anywhere in the world, for editorial, advertising, promotional, marketing and/or other purposes and in any media, Contestant’s and/or winner’s name, image, and/or photographs of the Contestant (except where prohibited by law).
31. Contestant agrees that CANON INDIA shall not be liable for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Program or with the acceptance, possession, or use of any Prize (except any liability which may not be excluded under applicable law).
32. Contestant hereby agrees to indemnify and keep CANON INDIA, its associated companies, and their respective directors, officers, employees, contractors and agents, indemnified against any and all losses, claims (including but not limited to third party claims), injuries, costs, fees, fines, penalties, taxes, charges and any other liability arising out of any act of omission, commission, fraud, negligence or misconduct by the Contestant.
PART - III
Disclaimer
33. CANON INDIA shall not be responsible for system outages, delays, equipment malfunctions, errors or data loss of any kind, lost or unavailable connections, or failed, incomplete, garbled or deleted transmissions or other technological difficulties or any other force majeure event that may prevent a contestant from participating in the Event. Further, CANON INDIA and/or its authorized service provider will not be responsible or liable for: (a) any failure to receive submissions due to transmission failures and other conditions beyond its reasonable control; (b) any late, lost, misrouted, or damaged transmissions or content or prizes; (c) any computer or communications related malfunctions or failures; (d) any disruptions, losses or damages caused by events beyond the control of the Promoter; or (e) any printing or typographical errors in any materials associated with the Event or (f) any delay, damage, non-receipt, lost, misrouted Prizes.
34. CANON INDIA has the right to cancel content with incomplete information or illegal contents (statements of a racist, sexist or defamatory nature) or statements glorifying violence which could be construed as deriding or insulting or similarly offending specific individuals or groups.
35. The Program shall be void in any state where prohibited by law. In such a case, CANON INDIA shall not be liable to provide any free cash-back, gift(s) or compensation to the Contestant on any account.
36. Failure by CANON INDIA to enforce any of its rights at any stage does not constitute a waiver of those rights.
37. CANON INDIA accepts no responsibility of licensing and copyright issues of the uploaded and/or edited images. Should the contestant have questions about licensing issues and copyright, contestant must contact their appropriate local legal services forum for advice. Any postings of pictures by contestant will be presumed by CANON INDIA as consented by contestant or subject to fulfillment of any IPR related formalities by such contestant. CANON INDIA shall always trust the same in good faith, unless any claim is made by any third party, for which the contestant hereby indemnifies CANON INDIA and/or its authorized service provider from director, employees, Group Companies and authorized service provider for all claims, costs, damages, risks and expenses.
38. In no event shall CANON INDIA be liable for losses or any incidental or consequential damages arising out of or in connection with the Program, its services or this agreement (however arising, including negligence). CANON INDIA shall not be responsible for any product or service liability of any kind with respect to the prize won by the contestants.
39. In the event of any conflict or inconsistency regarding any instructions, rules and conditions on any advertising or promotional material relating to the Program, these Terms and Conditions shall prevail over all such other instructions, rules and conditions.
PART - IV
Governing law and Jurisdiction:
These terms and conditions shall be governed by exclusive laws of India and only the courts at New Delhi shall have the exclusive jurisdiction in respect of all the subject matter with relation to the Program.