Terms & Conditions
These terms and conditions are applicable for the ‘Valentine’s Day’ Program (hereinafter called the "Program"), organized by Canon India Private Limited (“CIPL”). This Program is available on Facebook and Instagram page of CIPL (“Program Platform”)
The 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. (“Program”)
2. The Program shall be promoted on the Program platform and shall be valid for the period commencing from 12th February 2021 until 15th February 2021 (‘Program Period’) (both days inclusive) unless otherwise extended by CIPL.
3. The program will participate in the Program at their own cost and expenses. CIPL shall not be responsible for any cost or expenses incurred by the program.
4. The participation in the Program is voluntary. By participating in the Program, the program shall be deemed to have read, understood and unconditionally accept the terms and conditions of the Program and further agree to irrevocably bound by its terms and conditions.
5. Eligibility Criteria and how to participate in the Program:i. Program shall take the photographs and post it on the program platform (“entry photographs”) using the hashtags #ClickedForever ii. Program will need to tag Canon India official social handle on their entry photographs failing which the entry photographs will be considered void and rejected.
6. CIPL 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, government actions or any reasons, which in the opinion CIPL 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 CIPL.
7. CIPL and its panel of judges will review, judge and select the winning contestant randomly out of all the eligible entries received during the Program period. All eligible entries submitted will be individually judged by CIPL and its panel of judges in their sole discretion. CIPL will at its discretion select the winning contestant and feature the winning contestant on the Program Platform.
8. The winning contestants of the Program shall be announced in the Program Platform by CIPL, within 30 days from the end date of the Program Period.
9. 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 CIPL and not to any Program Platforms. By participating in the Program, the contestant hereby consents to allow CIPL and its authorized service providers to access information of the contestant on the Program Platforms of CIPL or anywhere else for the purpose of this Program.
10. Contestant agrees that all/any post/comment appearing in the Program Platform with regard to the Program by the contestants shall be their sole responsibility.
11. By participating in the Program, the contestants agree to give permission to CIPL to contact them through call, SMS or email for the purpose of announcing them as winning contestants and use their contact details along with the photographs shared by the contestant and/or obtained by CIPL to send out any promotional and advertising communications relating to any products marketed, distributed and/or supplied by CIPL. Contestants unconditionally agrees not to make any claim or raise any complaint against CIPL and/or its officers, directors, employees, group company or any authorized third-party agency in this respect.
12. All winning contestants are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by CIPL to ensure complete compliance with program’s terms and conditions. CIPL reserves the right to verify the winning contestant’s details either on their own or through its authorized agency / person and the winning contestant shall provide all necessary assistance in such verification. In exercising this right, CIPL 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 CIPL, then CIPL in its sole discretion, shall have the right to disqualify the winning contestant(s) without any liability.
13. The Program cannot be combined with any other program and/or offer from CIPL, subsisting or announced at the same time or on a future date by CIPL.
14. CIPL 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.
15. 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 CIPL whether in law or equity against the Contestant.
16. Failure by CIPL to enforce any of its rights at any stage against Contestant does not constitute a waiver of those rights.
17. Except for any liability that cannot be excluded by law, CIPL (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.
18. 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.
19. Decision of CIPL on all aspects including with regard to administering the Program shall be final and binding on the Contestant.
Use of Data (including Photographs provided by the Contestant)
20. CIPL may appoint any third party for managing the program (authorized service provider).
21. CIPL shall treat the data (including photographs) received from the Contestant in accordance with applicable laws and regulations. The data (including photographs) provided by the contestant shall be used by CIPL for the purpose of: (a) maintaining CIPL's records relating to the Program; (b) conducting the program; and/or (d) any other purposes for carrying out promotional and marketing activities ("Purposes of Use")
22. The contestant hereby agree that CIPL and/or its authorized service provider may collect, use, disclose or transfer the data received from the Contestant in accordance with applicable laws.
23. Without prejudice to the generality of the foregoing, the Contestant consents that CIPL may disclose/transfer such data to its group companies, affiliates or sub-contractors, or to CIPL’s parent company/holding company, or any of subsidiaries or affiliates of CIPL’s parent company or their subcontractors and use or cause them to use such data for and in connection with the Purposes of Use.
24. The contestant shall have the right to correct any personal information held by CIPL and/or its authorized service provider that is inaccurate.
PART – II
Representation and Warranties by Contestant:
25. 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. (as applicable), 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 CIPL and/or its authorized service provider for the purpose of the Program.
26. Further, CIPL shall be at liberty to use the images of the contestant and such photographs shared by the contestant, testimonial, stories and any other content associated with the program and taken/created 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 CIPL.
27. The contestant by participating in the Program unconditionally consents to unconditional transfer of the ownership rights of the photographs submitted by the contestant to CIPL for the purpose of the Contest for CIPL’s sales and marketing activities as set out herein in perpetuity on any medium and further agrees that CIPL 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 CIPL using: (i) images of the contestant or photographs shared by the contestant, testimonial, stories and content created by the contestants during the Program, shall vest solely and exclusively with CIPL at all times and CIPL 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 CIPL and its officers, directors, employees etc. against any claim by a third party or any loss or damages suffered by CIPL 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.
28. Contestant agrees not to post images, testimonial, stories and content and all/any tweet and/or post appearing in social media platform 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 CIPL acting in its sole discretion, to be opposed to standards of morality or decency, or to be opposed to public policy or to CIPL’s internal code of conduct or other policies/guidelines adopted by CIPL, (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.
29. Contestant agrees that they shall follow the guidelines available at or in any manner associated with the terms available at:
30. Contestant agrees that CIPL shall have sole rights to all images, photographs, testimonial, stories and content created and shared by the contestants and to any other information posted by Contestant relating to or during the course of their participation in the Program.
31. 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 CIPL, 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.
32. Contestant gives CIPL 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 name, image, and/or photographs of the Contestant (except where prohibited by law).
33. Contestant agrees that CIPL 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).
34. Contestant hereby agrees to indemnify and keep CIPL, 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
35. CIPL 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 Program. Further, CIPL 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 CIPL; or (e) any printing or typographical errors in any materials associated with the Program.
36. CIPL 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.
37. The Program shall be void in any state where prohibited by law. In such case, CIPL shall not be liable to provide any free cash-back, gift(s) or compensation to the Contestant on any account.
38. Failure by CIPL to enforce any of its right at any stage does not constitute a waiver of those rights.
39. CIPL 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 appropriate legal professional and seek legal advice. Any postings of pictures by contestant will be presumed by CIPL as consented by contestant or subject to fulfillment of any IPR related formalities by such contestant. CIPL shall always trust the same in good faith, unless any claim is made by any third party, for which the contestant hereby indemnifies CIPL and/or its authorized service provider from director, employees, Group Companies and authorized service provider for all claims, costs, damages, risks and expenses.
40. In no event shall CIPL 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). CIPL shall not be responsible for any product or service liability of any kind with respect to the prize won by the contestants.
41. 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:
42. 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.