STAND A CHANCE TO WIN AN EPIC PHONE EVERY OTHER DAY

PROMO CAMPAIGN 2023 IN THE MALDIVES

TERMS AND CONDITIONS
1. Promotion details and Concept

Stand a chance to Win an Epic Phone every other day Promo Campaign 2023 (“Promotion”), is sponsored by Male’ Aerated Water Company Private Limited (“MAWC”) (as defined below) across The Republic of Maldives (“Territory”), wherein individuals have to send the unique code printed under the golden closure/cap or tab of either Coca-Cola, Coca-Cola Zero Sugar, Sprite, Fanta Orange or Fanta Strawberry 500ml, 1.25L, 2L bottle or 330ml can with the promotion label during the Promotion period via SMS to the number “2626” and get the opportunity to win the prizes (a “Prize” and collectively the “Prizes” mentioned in clause 7 (seven).

The Promotion shall only be applicable on the 500ml, 1.25L, 2L bottle or 330ml can of Coca-Cola, Coca-Cola Zero Sugar, Sprite, Fanta Orange or Fanta Strawberry (“Products”). It is hereby clarified that stock of the Products without the Promotion offer will also be available across the Maldives. The Promotion is subject to all applicable local laws and regulations. By participating in this Promotion, the eligible individuals as per Clause 5 (each a “Participant”) accepts and agrees to abide by these terms and conditions of the Promotion (“Terms”). These Terms will be hosted at the webpage www.mawc.com.mv (“Promotion Website”).

2. MAWC and its Partners

This Promotion is sponsored by Male’ Aerated Water Company Private Limited, having its head office at H.Sifa, 7th floor, Henveiru, Male’, Republic of Maldives (“MAWC”);

AND

Dhivehirajjeyge Gulhun Private Limited, having its head office at Ameenee Magu, P.O. Box 2082, 20403 Male’, Republic of Maldives and Ooredoo Maldives, having its head office at H. Sunleet, 5th Floor, PO Box 2196, Boduthakurufaanu Magu Male’, Republic of Maldives (“MAWC Partners”). MAWC Partners together with MAWC shall manage the execution and logistics related to the Promotion, including management of the text message application process, announcement of winners and handing over of the Prizes to the validated winner(s) publicly.

3. Deemed acceptance of terms and conditions

Entry and participation in this Promotion will be deemed as an unconditional and an unequivocal acceptance of these Terms, including any modifications, revisions and amendments thereto. The decisions of MAWC and its partners shall be final and binding on the Participants in all matters related to the Promotion.

Further, the Participants recognize that these Terms may be modified by MAWC from time to time without any prior/public notice by posting the applicable terms and conditions on the Promotion Website. MAWC also reserves the right to cancel or terminate the Promotion at any stage without assigning any reasons whatsoever. Successfully entering the Promotion and winning a Prize is subject to all requirements set forth herein.

4. PromotionPeriod

This Promotion will commence from 00:00 hrs of 04 th January 2024 till 23:59 hrs of 04 th March 2024, or till the stocks last, which ever earlier (“Promotion Period”). Entries received on or after or on 00:00hrs of 05 th March 2024 shall not be eligible for the prize. Any entries received outside the Promotion Period shall not be eligible for the Prize(s).

Participants may get text message response of a valid entry, after the promotion period expires, however they will not be considered valid for this Promotion. Only entries received during the Promotion Period shall be considered for the eligible to win any Prizes for this particular Promotion and shall not be carried forward to any other promotional scheme ahead.

Further, certain stock of the Products containing the Promotion offer may continue to be available even after the Promotion Period. However, prospective Participants (defined below) understand and agree that they will not be permitted to participate in the Promotion after the expiry of the Promotion Period and further, agree not to raise any claim or complaint against MAWC, its affiliates or its agents in this respect.

5. Eligibility Criteria

Entry and participation in this Promotion is open to all persons currently residing in the Republic of Maldives who satisfy each of the following criteria:

– are over the age of 18 years; residing in the Maldives;

– own a valid cellular GSM or CDMA phone connection with a local service provider that is accessible at all times;

– have not been arrested or convicted of any crime or been the subject of any criminal investigation;

– bear a good moral character and have not been implicated or named in any criminal legal proceedings; and

– are not management, employees, directors or contractors, or the family of the management, employees, directors or contractors of Classified

– Confidential MAWC and their related entities or other agencies, firms or companies associated with the Promotion (including suppliers of Prizes). Family members shall include mother, father, siblings, children, grandchildren, spouse and step-children).

Eligible persons participating or seeking to participate in the Promotion shall individually be referred to as “Participant” and collectively as “Participants”. By participating in this Promotion, the Participant agrees to receive details and information about this Promotion on his/her mobile, through SMS or voice calls, during the tenure of the Promotion.

6. ParticipationProcess

Participants wishing to enter the Promotion may do so through the following route:

a. Participants are required to purchase any of the Products.
b. Remove the cap of the bottle or tab or the can and carefully identify the unique code printed under the cap or tab.
c. Text that 6-digit alphanumeric code via text message to 2626 by the Participant’s mobile number E.g.: ‘123456’.
d. MAWC, through the MAWC Partners (defined in Clause 2) will send the Participant an automatic text message if he/she sends the correct and unused unique code. One unique code can be utilized only once. If the Participant sends in the correct unique code, he or she will receive an automatic message that their entry will be considered for the prize – “Thank you for your SMS. You are eligible for the Lucky Draw. To stand a chance to win a Smartphone every other day. Please retain the Cap or Tab for claim”.
e. If the Participant sends a wrong code, he or she will receive an automatic text message to enter the correct code – “Please verify that you are entering the correct (6)-digit code E.g.: ‘123456’.”


f. If a Participant sends a used code or tries to utilize the unique code previously submitted through SMS for another entry through a different mechanism such as landline number and / or online mechanism , or vice-versa, the Participant will immediately receive a text message informing them that the code has already been used and their entry will not be valid for the Promotion- “The code you sent is already used. Use (6) digit code under the cap or tab.”


g. If the Participants receives a text message from MAWC stating that he/she is eligible for lucky draw, that Participant shall be successfully entered into the Promotion.
h. The Participants shall be solely responsible for any local calls / STD charges applicable by their telecom service providers on the Promotion entries.


i. Entry by proxy is not permitted. Eligible persons can only enter in their own name. The registered user of the phone number of the winning entry as per the telecom service provider records, shall be Classified – Confidential declared the winner, irrespective of the individual who actually submitted the entry utilizing that number.


j. Please note that each unique code printed on the MAWC Product can be used only once for the purpose of participation in the Promotion. However, Participants are allowed to submit as many entries as they wish using different unique codes during the Promotion Period.


k. Please note that all Participants are required to preserve all the caps and tabs containing the unique code(s) they have used to participate in the Promotion. Participants will not be eligible to receive any Prize unless the corresponding cap or tab from the Products are preserved and delivered to MAWC in the manner outlined below. In the event that the Participant has previously submitted any of the cap or tab containing the unique code(s) to MAWC for the purpose of validation in order to claim one of the Prizes that the Participant is eligible to win under the Promotion, such Participant shall submit the remaining cap or tab containing the additional unique code(s) to be eligible to claim the other Prize(s). Please note that the Participant will be ineligible to claim the Prize(s) if the Participant fails to submit the winning cap or tab used for participation in the Promotion or submits any illegible, defaced, tainted or damaged caps or tabs and the Participant shall not raise any claims or complaints whatsoever against MAWC in this respect. However, MAWC reserves the right to exercise its sole discretion in this regard.


l. Any technical error which may resulted in unique coding malfunction or if the unique code is not properly visible in clear eye, the participants shall report this matter to the customer care number “1626” and MAWC shall review this matter internally and provide redress accordingly.

7. Prizes and Winners

a. There will be a total of 30 winners for the Promotion. The Participants chosen as winners in accordance with Clause 8 shall be eligible to win Prizes as per the following:
– 01 (one) Smartphone each for a confirmed Winner.
b. The information pertaining to location, venue and the time to collect the prize shall be provided, to the winners, through a SMS, call or whatever possible way required.
c. Participants should retain the cap(s) or tab(s) with the unique code for verification by MAWC. MAWC reserve the right to check the cap(s) or tab(s) for their authenticity. Unauthentic entries will not be entitled to any Prizes.
d. Prizes are non-transferable, substitutable and non-encashable.
e. No exchange of the Prize will be entertained.
f. The Prizes shall be delivered to the Winners via courier within 90 days of the conclusion of the Promotion Period or Winners will be requested to come to the TV Station to collect their Prizes on LIVE TV, at the discretion of MAWC. Classified – Confidential
g. MAWC shall not be liable for any delay or non-receipt of Prizes by the winner due to any act or omission of third-party courier partners and/or due to incomplete or incorrect details shared by the winner.
h. No cash payment will be made in lieu of the Prize.
i. The Prize is personal to the winner(s) and is not transferrable and cannot be sold under any circumstances.
j. MAWC shall not be held responsible for any deficiency, defect, inadequacy or irregularity in the Prize(s). MAWC shall not entertain any request for a specific color or size with regard to the Prize(s). The winner(s) shall not be entitled to any compensation whether in cash or kind from MAWC.
k. No Prize will be awarded if the information presented by the Participant(s) at the time of entering the Promotion, or at any subsequent stage is factually incorrect.
l. The Prizes shall be provided to the winners on an “as-is basis” and without any warranty or guarantee concerning the quality, suitability or comfort, and MAWC and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any product/service and/or the Prize or for any kind of consequential damages/ loss, in any manner whatsoever. The guarantee and warranty of the Prizes shall be transferred to the winners as received from the manufacturer / distributor.
m. If any Participant has any grievance with respect to the Prize, he/she may directly contact the manufacturer. MAWC shall not provide any warranty or any after sales services for any of the Prizes.

8. Selecting & Contacting Winners

a. The winner(s) of the Promotion (“Eligible Winner”) will be decided through a random computerized mechanism from amongst all valid entries and the aforementioned selection of Eligible Winner shall be conducted in a public gathering, announced by an individual from the public, nominated by MAWC, which is broadcasted and telecasted live on television and social media.
b. If an Eligible Winner is not reachable, busy, unavailable or not interested, MAWC will keep the Prizes/s for 30 days from the date the Eligible Winner was contacted. During these 30 days if the Eligible Winner fails to collect the Prize, then the Eligible Winner will not be entitled for the Prize.
c. The Eligible Winners may receive the Prize subject to the terms and conditions detailed below.
(i) In the event the Eligible Winner’s number is busy, unreachable, or the Eligible Winner does not attend the call, five (5) more attempts will be made to reach the Eligible Winner within 5 days after being chosen. If even on the last attempt, the Eligible Winner does not attend the call, or is unreachable, or confirms that he/she is not interested in continuing in the Promotion, the Eligible Winner’s participation in the Promotion shall come to an end, and he/she shall not be eligible to receive any Prize. An SMS confirming the cancellation of Prize will be sent to him/her. Once an Eligible Winner has been sent an SMS confirming cancellation, no request for reconsideration shall be entertained.
(ii) In the event an Eligible Winner indicates that he/she is not interested in continuing in the Promotion and claiming his/her Prize, or the Eligible Winner does not attend the call, or is unreachable, MAWC shall inform him/her that his/her entry in the Promotion stands cancelled and he/she is not eligible to receive his/her Prize. An SMS or a letter confirming the cancellation of entry will be sent to him/her.
(iii) If the Eligible Winner is contacted and interested in continuing in the Promotion and is in possession of the unique codes the caller shall verify the unique code used to enter the Promotion and shall also ask the Eligible Winner to provide details such as first name, surname, address, phone number, mobile number, email address and other details as may be considered necessary by MAWC.
(iv) The Eligible Winner will be then required to send the following either by Registered Post Acknowledgement Due or via Courier to the address provided below within seven (7) working days of the receipt of format of the consent to Terms and Conditions:

  • All the winning caps or tabs used to participate in the promotion containing the Unique Code for the purpose of physical authentication;
  • The participant may be required to sign additional documents for availing the Prize which will be communicated via email by MAWC. The Eligible Winner will be declared a confirmed Winner subject to verification of such documents.
  • A self-attested photocopy of government approved address proof (voter’s ID card, driver’s license, passport etc.) (together the “Verification/ Required Documents”).
    Postal Address:
    Male’ Aerated Water Company Private Limited
    H.Sifa 6th Floor Bodutahkurufaanu Magu Male’
    Republic of Maldives.

    The names of the confirmed Winners shall be announced on the social media or in any manner deemed appropriate by MAWC, during the Promotion Period once the Eligible Winners have been confirmed and verified.
    (v) Please note that MAWC shall not be liable for any failure in the delivery of the above-mentioned documents on account of an incorrect, inaccurate, erroneous etc. address provided by the Eligible Winner.
    (vi) Please note that the costs of sending the Verification/Required Documents shall be borne by the Eligible Winner alone. In addition, the Verification/Required Documents shall be sent by the Eligible Winner in the manner prescribed herein above. The Verification/Required Documents received or delivered through any other mode shall not be accepted and the Prize of the Eligible Winner shall stand automatically forfeited. However, MAWC reserves the right to exercise discretion in this regard and the decision of MAWC shall be final and binding. The Eligible Winner or any person claiming through him shall have no right to any claim or complaint against MAWC in this respect.
    (vii) No Prize will be awarded if the information presented by the Participant(s) at the time of entering the Promotion, or at any subsequent stage is not factually correct.
    The Prizes to the confirmed Winners shall be awarded subject to production/signing of all such documents/papers (such as identity proof etc.) as required by MAWC. Apart from the Prizes, confirmed Winner(s) or their legal heirs will have no other rights or claims against MAWC.
9. Reminder
  1. If   any   Eligible   Winner   fails   to   submit   the Verification/Required Documents within the seven (7) day period, commencing from the date on which the winners are chosen publicly, or submits incomplete or illegible documentation or fails to submit any required document, MAWC shall send an SMS or a call to the Eligible Winner in seven (7) days, reminding him/her to submit the same (“Reminder”).
  2. No justification/explanation for non-receipt of the verification/Required Documents shall be accepted, including but not limited to, inability of the postal department to deliver the documents on time. However, MAWC reserves the right to accept late delivery of Verification Documents at its sole and absolute discretion.
10. Publicity

The Participants undertake and irrevocably and unconditionally permit MAWC to cover the Promotion through various media including online news, 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. Whilst MAWC shall make all reasonable efforts, there is no obligation on the part of MAWC to air any entry. The Winners must, at the request of MAWC, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize, free of charge, and they consent to MAWC using their name and image in all promotional materials.

11. Intellectual Property Rights

All right, title and interest, including but not limited to the intellectual property rights, in the promotional material(s) and in any and all responses received shall vest solely and exclusively with MAWC at all times. MAWC or any person or entity permitted by MAWC in this regard shall be entitled to use any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.

All material submitted in connection with the Promotion (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to MAWC upon submission and become the property of MAWC exclusively. MAWC may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of MAWC.

12. General Conditions
  1. Each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/or entering this Promotion the Participant warrants that all information provided by him/her regarding his/her name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
  2. Each Participant is required to provide full and accurate details of his/her name, permanent address, phone number, age and such other details as may be prescribed by MAWC, and it is to be understood that the Prizes will be given to the confirmed Winner only upon furnishing of the prescribed details and documents to MAWC applicable.
  3. MAWC may, at any time, verify or authorize verification of the Participant’s entry (including such Participant’s   identity, age, place of residence and affiliations) and disqualify any Participant (at any stage of the Promotion) if it is found that such Participant has submitted an entry or any documents that is inconsistent with these Terms.
  4. MAWC may, disqualify any Participant if such Participant engages in or it is found that such Participant has engaged in any illegal, unlawful or improper conduct (with regard to the Promotion or otherwise).
  5. MAWC reserves the right at its sole discretion to cancel, terminate, postpone, modify or suspend the Promotion in whole or in part at any time including if, for any reason, the Promotion is not capable of running as planned, including due to any technical failure or any other causes beyond the control of MAWC will not be liable for any consequential losses/damages. All Winners and/or Participants agree that no claims or complaints may be raised against MAWC or any of their affiliates, representatives, associates etc. in this respect. Any decision of MAWC in this regard and in general with respect to this Promotion and the Terms thereto shall be final, binding and non-contestable.
  6. MAWC further reserves the right to modify or cancel the Prizes offered under this Promotion, at its sole and absolute discretion. The Winners and/or the Participants agree that no claims or complaints whatsoever may be raised against MAWC or any of their affiliates, representatives, associates etc. in this respect.
  7. Participants shall follow all directions/rules and regulations (whether communicated in written form or verbally) framed by MAWC at all times in connection with the Promotion. Any deviation or objection by any Participant(s) may result in their disqualification from the Promotion.
  8. The Participant(s) hereby undertake to provide and/or execute any documents as may be deemed necessary by MAWC to effectively carry out his/her obligations under the Promotion and/or its Terms.
  9. Nothing contained herein amounts to a commitment or representation by MAWC to conduct further promotions.
  10. The decision of MAWC shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between any Participant and MAWC and the Participant shall not have the authority to bind MAWC in any manner whatsoever.
  11. MAWC and other partners or affiliates  of MAWC shall not be liable to perform any of their respective obligations under the Promotion or in respect of the Prizes where they are unable to do so as a result of circumstances beyond their control in the nature of fire, explosions, natural calamities, state emergency, riots, government restrictions or any other Force Majeure condition, etc., and shall not be liable to compensate the winners or the Participants in these circumstances.
  12. Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of MAWC.
  13. Winners and Participants undertake not to, at any time, disclose, reveal, communicate or otherwise make public any information relating to MAWC, their respective business, personnel, servants, agents or officers to anyone.
  14. MAWC accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, communication, documents, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. MAWC shall not be liable for any consequences of user error including (without limitation) costs incurred. In addition, if the documents and other requirements are lost, damaged, defaced, tainted, illegible or corrupted on account of the fault or deficiency of the Postal Services, MAWC shall not be under an obligation to entertain such documents and MAWC may at its sole discretion choose to disentitle the Eligible Winner from his/her Prize. MAWC is not obliged to inform such an Eligible Winner of the disentitlement; however, it may choose to bring the same to the notice of the Winner through any of the means available to it.
  15. If a Participant is dissatisfied with the Promotion or the Terms, his/her sole and exclusive remedy is to not participate in the Promotion.    
  16. The general terms and conditions and privacy policy on the Promotion website shall be applicable in addition to these Terms.
  17. Neither MAWC nor its partners shall be required to publish or disclose any personal details about the winners of the Promotion (excluding the names of the Winners which may be published on the Promotion Website), including but not limited to their telephone number, address, etc., as such disclosure shall amount to violation of the privacy rights of winners.  
  18. Please note that neither MAWC or any of its affiliates, representatives         etc. responsible for any disruption, disturbance or disconnection in the phone line and any undelivered, call/SMS   and   all   disputes, complaints, claims shall be raised with their respective telecom service providers only.
  19. These Terms may be altered by MAWC at its sole and absolute discretion and without any notice to the Winners and/or Participants.
13. Release and Limitations of Liability
  1. By entering the Promotion, the Participants hereby release from and agree to indemnify MAWC and/or any of their respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the Prize or participation in the Promotion including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
  2. MAWC accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of themselves or third parties in relation to the Prizes, MAWC 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 or entries.
  3. The Participant(s) shall be solely responsible for any consequences which may arise due to their participation in the Promotion by conducting an illegal act. Participant(s) also undertakes to indemnify MAWC and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by MAWC on account of such act on the part of the Participant. Participant(s) hereby agree to indemnify, defend and hold harmless MAWC in case of any loss or liability (including but not limited to liabilities, judgments, damages, losses, fines and penalties, claims, costs and expenses such as attorneys’ fees and expenses) or any other loss associated with, arising out of or incidental to their ineligibility to participate, any untoward, rash or negligent act on their part, or non-compliance or alleged non-compliance with these Terms, any other rules, regulations, directives (whether written or verbal) issued by MAWC from time to time, during the Promotion.
  4. To the fullest extent permitted by law, in no event will MAWC or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that MAWC may engage for purposes of the Promotion), be liable for any loss or damages (including, without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Promotion and/or the Promotion prizes, even if MAWC has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The Participant shall indemnify, defend, and hold MAWC harmless in the event of there being any third party/entity/organization claims arising from or related to his/her participation in the Promotion. In no event shall MAWC be liable to any Participant for acts or omissions arising out of correlated to the Promotion or his/her participation in the Promotion.
  5. In  consideration  of  MAWC allowing Participant(s) to take part in the Promotion, to the  maximum  extent  permitted  by  law,  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 MAWC, 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 Promotion or related to the  Promotion or the  Prizes of the Promotion.
14. Dispute Resolution and Governing Laws
  1. The courts of the Republic of Maldives shall have exclusive jurisdiction to determine any and all disputes arising out of,  or  in  connection  with,  the Promotion.
  2. Participation in the Promotion is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this clause.
  3. Further all issues and questions concerning the construction, validity, interpretation enforceability of these Terms, or the rights and obligations of the Participants and/or MAWC and/or partners of this Promotion, shall be governed and construed in accordance with the laws of the Republic of Maldives.
  4. All promotional materials, including details on how to enter and claim prizes are part of these Terms and Conditions. This Promotion is being made purely on a “best effort” basis. This Promotion cannot be clubbed with any other offer/promotion/scheme.