TERMS AND CONDITIONS – DESIGN CHALLENGE

1.The “Art of Zayed” (‘Programme’) is brought to you by Pepsi-Cola International Limited (Representative Office) (“PepsiCo”), a company incorporated in Bermuda with representative office located at Level 3, Building no 2, Emaar Square, PO Box 11330, Dubai, United Arab Emirates, with support from POTENTIAL FZ LLC, a free zone limited liability company incorporated in Dubai, having commercial license no. 18294 and having its registered address at Knowledge Village, Block 17, P.O. Box No. 500682 Dubai, United Arab Emirates (hereinafter collectively referred to as

‘Organizers’).

The Programme is valid from 6th May, 2018 till 5th September, 2018 (“Programme Period”). The Organizers may, in their absolute discretion, curtail or extend the Programme Period, as they may deem necessary without any liability whatsoever.

The Programme is open to nationals and residents of the United Arab Emirates (UAE), residing in the UAE, aged between 18 to 35 years as on the date of commencement of the Programme (“Participants”). The Programme is not open to employees of the Organizers and contractors working with the Organizers, their Affiliate companies, including any company in which the Organizers have equity interests, their joint ventures and joint venture partners, contract- manufacturers, bottlers, advertising and promotion agencies and auditors appointed by the Organizers.

For the purpose of this Programme, “Affiliate” will mean any business entity which controls, or is controlled by, or is under common control with, a party where control will mean ownership, either directly or indirectly, of more than 50% of the ownership interests representing the equity, the voting stock, or general partnership interest of that business entity.

2.The Programme

The theme of the Programme is the Year of Zayed.

The aim is to educate and raise awareness about the areas of interest to Late Sheikh Zayed. The challenge is to create new and innovative ideas in the field of Art, Music and Poetry.

The participants will need to submit a piece of artwork, music or poem (“Art Piece”) aimed at showcasing Late Sheikh Zayed’s values, characteristics and accomplishments.

The entries can be in English or Arabic.

3.Prize- three winners will be selected, one from each category- art, music and poetry and get a chance to win the following in each category-

-Art: Display in an art gallery in the UAE

-Music: Record the song professionally and promote it on radio stations

-Poetry: Record and host it on the radio

In addition, each winner will also get a cash prize of AED 10,000/- (Dirhams Ten Thousand only).

4.Jury- the Jury Panel will comprise of 5 judges- one jury member from PepsiCo, one jury member from Emirates Foundation, and one expert each in the field of Art, Music and Poetry.

5.The submissions will be judged based on:


∙Clarity of the theme showcased through the Art Piece- does your Art Piece reflect the Late Sheikh Zayed’s characteristics, accomplishments or values?

∙Creativity and uniqueness- what makes your Art Piece unique and original?

∙Quality of the Art Piece and overall design- the finished Art Piece should be of high quality. How are the lines, shapes, forms, tones, textures, patters, colours and composition of the artwork used together in the Art Piece? How are you music piece’s rhythm, pitch, tone, tempo and melody put together? Does your poem provide clarity of thought, good vocabulary, structure and rhyming scheme?

∙Overall impression of the Art Piece- does the overall Art Piece stand out as an exceptional piece of work?

All entries submitted on the Website will be confidential. Only the Jury will have access to them.

Only the winning submissions will be made public.

6.Programme Timelines-

∙May 6, 2018 – Registration opens

∙August 24, 2018 - Deadline for submission

∙October- Winners to be announced

7.The Organizers shall publish the details of the Programme along with these terms and conditions and update the dates (if required) on www.competitions.potential.com/artofzayed (“Website”) and the Participants shall be required to regularly check for updates to ensure they have read and understood these terms and conditions for participating in the Programme to make timely submissions. The Organizers will be under no obligation to personally inform each Participant of the dates to submit the required information/ documents. Failure to make submissions by the required date as published by the Organizers, will lead to disqualification at the sole discretion of the Organizers and the Organizers shall have no liability towards the Participants in such cases. The decision of the Organizers shall be final and no communications will be entertained from the Participants in this regard.

8.Registration

Entries must be submitted through the Website from 6th May 2018 to 24th August 2018, both dates inclusive, submissions must be original, and each Participant shall submit only one entry in the field of Art, Music or Poetry. The Participants must complete a mandatory course on the Website prior to making their submissions, which would provide details about the Programme, eligibility, focus, etc.

At the time of registration, the Participant must:

∙Complete online registration form and provide information pertaining to- the name of the Participant, the country of residence, date and place of birth, contact telephone number and email address

∙Submit brief conceptual statement about the Art Piece (not more than 200 words) explaining how it is relevant to the theme

∙Submit 5 digital files including: renders, images or diagrams in 72dpi or under 500KB - JPEG or PDF (videos can be included as website links in the space allotted in the submission form)


9.By participating in this Programme, the Participants unconditionally and irrevocably accept and agree to be bound by all these terms and conditions as stated herein at all times without any exception whatsoever.

10.Personal Information

Organizers will take appropriate measures during the gathering of Participants' personal information, including encoding, to ensure and prevent as far as possible, any unauthorized or illegal access to or exploitation of such personal information.

By participating in the Programme, the Participants agree that their personal information may be shared with any of Organizers’ Affiliates worldwide for promotional and communication activities as well as with third parties that are directly involved in the development and promotion of the Programme.

By participating in the Programme, the Participants agree that their personal information may be communicated to third parties involved in organizational processes of the Programme as required.

11.General conditions

i.By participating in the Programme the Participant gives his/her free consent to abide by the rules, regulations, policies and obligations as mandated by Facebook, Twitter, YouTube, LinkedIn, Instagram and Snapchat (hereinafter collectively referred to as

“Sites”).

ii.The Participants, without any exception and at all times during the Programme shall follow instructions given by the Organizers in its entirety. Any failure to comply with the instructions of the Organizers will result in the disqualification of the entry made by the Participant.

iii.The Participants are not authorized, at any stage of the Programme, to directly or indirectly contact the media, or any media enterprise and/ or to meet journalists or their associates regarding the Programme, unless they have obtained the express authorization of Organizer. Any Participant that contacts the media or journalists regarding the Programme without the express authorization of Organizers will be disqualified.

iv.The Participants acknowledge that certain information disclosed by the Organizers to the Participants during the Programme Period may be proprietary to the Organizers or any of their Affiliates and confidential in nature (“Confidential Information”). To this extent, the

Participants agree that for the duration of the Programme Period and for a further period of one year, they shall not disclose to any third party, and shall refrain from using, except as may be needed for participating in the Programme, any confidential and proprietary information of the Organizers, or any of their Affiliates. The Participants shall not print, reproduce or otherwise disclose to any third party, or use for the benefit of itself or anybody else, or for any purpose, the Confidential Information, other than for the purpose of participating in the Programme.

v.The Participants understand and acknowledge that any unauthorized disclosure or misappropriation of any of the Confidential Information may cause the Organizers irreparable harm, the amount of which may be difficult to ascertain and, therefore, agree that in the event of any unauthorized disclosure or misappropriation of any of the Confidential Information by the Participants, the Participants shall immediately make all


reasonable efforts to remedy the breach. In the event that the Participants do not remedy the breach within one (1) week of being notified of the breach by the Organizers, the Organizers shall have the right to apply to a court of competent jurisdiction for an order restraining any such threatened or further unauthorized disclosure or misappropriation and for such other relief as the Organizers shall deem appropriate, such right of the Organizers to be in addition to the remedies otherwise available to the Organizers at law or in equity.

vi.It is strictly prohibited to upload content (picture/text/any other content) of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or against any religious sentiments or against any caste, creed or race or any material which is offensive to women or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or any other applicable law. It is also clarified that any entry which, in the reasonable opinion of the Organizer, is found to be obscene, offending and hurtful shall be rejected immediately, the Participants will be disqualified from the Programme; and appropriate action will be taken against the said Participant(s).

vii.The Participants agree and undertake that their Art Pieces will be their original creation and shall not in any way be obscene, vulgar, disrespectful or defamatory in any manner nor shall be in violation of any intellectual property rights of third parties and/or applicable laws. It is also clarified that the Participants are solely responsible for any violation of any applicable laws and shall keep the Organizers indemnified in this regard.

viii.The Participants retain all intellectual property rights in the submissions in connection with the Programme.

ix.The Participants hereby grant to the Organizers a perpetual, royalty-free, non-exclusive and non-transferable license for the use all submissions, pictures, videos, voice, images, press releases and documentation as part of their participation in the Programme as well as for the promotion of the Programme by the Organizers on Website and online social media sites such as, but not limited to the Sites; and in press, advertising and promotional contexts. This also applies to any content provided by the Participants, including but not limited to biographical information and statements made by the Participants in connection with the Programme, without restrictions or limitations in time or space. The Participants represent and warrant that they own the content submitted, displayed, published or posted by them on the Sites and the Website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content they submit, and that Organizers’ use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity; and that the Participants will indemnify the Organizers for all claims resulting from the content provided by the Participants.

x.Decision of Organizers will be final and binding with regard to the Programme and no correspondence will be entertained in this regard.

xi.The Prize is personal to the Winner, is not transferrable and cannot be sold under any circumstances.

xii.No cash payment will be made in lieu of the Prize.

xiii.Organizers shall not be responsible for any loss, injury or any other liability arising out of the Programme or due to participation by any person in the Programme.


xiv.Organizer shall not be liable for any loss or damage due to Act of God, governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.

xv.All disputes relating to this Programme shall be subject to the exclusive jurisdiction of Courts at Dubai International Financial Centre only. By participating in this Programme, it is assumed that the Participant has read these terms and conditions and shall be held responsible in case of violation of the same.