TERMS AND CONDITIONS OF IDEA NAVRATRE CONTEST
PLEASE READ THESE TERMS & CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS OFFER KNOWN AS “IDEA NAVRATRE CONTEST”. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS “IDEA NAVRATRE CONTEST”, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE OFFER AND THEREBY AGREE ON IRREVOCABLE BASIS, TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS & CONDITIONS, PLEASE DO NOT PARTICIPATE IN THIS OFFER.
Terms and Conditions:
The present offer i.e., Idea Navratre Contest (“Offer”), is conceptualized, organized and conducted by Spice Digital Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 60-D, Street No. C-5, Sainik Farms, New Delhi-110062 and corporate office at S Global Knowledge Park, 19A & 19B, Sector-125, Noida - 201301, [U.P.], (hereinafter referred to as “SDL”) in association with Idea Cellular Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at Suman Tower, Plot No. 18, Sector – 11, Gandhinagar – 382 011 and its corporate office at 10th floor, Birla Centurion, Century Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai 400030 (hereinafter referred to as “Idea”).
SDL and Idea shall hereinafter be jointly referred to as “Organisers”.
The offer is open only for Haryana Idea telecom service area circle (“Circle”) for a limited period starting from 23/09/2017 at 00:00:01 hrs till 22/10/2017 at 23:59:59 hrs both days inclusive, for the active1 pre-paid and Postpaid category of the Idea subscribers (“Subscriber(s)”2).
For the avoidance of any doubt, please note that the gratifications offered under this Offer are solely sponsored and distributed by SDL for the Highest Scorers (defined later) of this Offer and Idea is only providing information and data in relation to the active Subscribers participating in this Offer and the Short Message Service Center (“SMSC”), to facilitate the Offer to be played by the Active Subscribers.
The Offer is not available to the Subscribers who are roaming outside their home Circle.
The Offer will be available in Interactive Voice Response mode (“IVR” or “Voice”) in Hindi language.
A Subscriber, by participating in the Offer, hereby agrees to the Terms and Conditions mentioned below and gives his/her irrevocable consent to the process of selecting the Highest Scorers as set out herein, and any appropriate changes that may be made to this Offer by the Organisers, including due to any legal or regulatory requirement, instructions from any judicial or a quasi-judicial body or due to any natural calamity beyond the reasonable control of the Organisers, its affiliates and associates or for any other reason whatsoever. This Offer is purely on a “best effort” basis and participation of eligible Subscribers in this Offer is voluntary. SDL in association with Idea, reserves the right to the participation in this Offer.
For the purposes of these Terms and Conditions, wherever the context so requires “You” or “Your” shall mean any natural person who is a Subscriber.
Also, by participating in this Offer, You:
· Warrant that you have read, understood and agreed to conform to these Terms and Conditions.
· Warrant the accuracy, truthfulness and currency of all information that You have submitted.
· Agree that You are entering into this Offer as an independent party and nothing herein establishes an employer-employee relationship between You and Idea or between You and SDL and You are acting voluntarily, using Your own time and resources to participate in the Offer, solely at Your own risk.
· Warrant that prior to participating in the Offer, it shall be deemed that You have read and have agreed to be bound by the Terms and Conditions herein.
· Confirm and undertake that You will make an informed choice regarding the option to participate through voice and after understanding the implications of the same.
These Terms and Conditions are available on the website www.Ideacellular.com (“Website”). The Terms and Conditions can be amended or varied from time to time or withdrawn and therefore, please visit the Website periodically to keep Yourself updated and informed.
By participating in the Offer, You indicate Your acknowledgement and acceptance of these Terms and Conditions.
1. PROCEDURE AND ELIGIBILITY TO PARTICIPATE:
A. This Challenge is valid for all active prepaid and postpaid Subscribers who fulfill the following criteria:
· He/she must be an existing Subscriber of Devotional Pack.
· He/she must be of or above 18 years of age;
· He/she must be a resident of India;
· He/she must not have been either convicted and / or prosecuted for commission of any criminal offence nor be of an unsound mind;
· He/she must belong to any of the Circles mentioned above; and
· He/she must not be under any legal disability e.g. insolvency, restraint by court order etc. and / or is prohibited from entering any contractual relationship.
· If at the time of the declaration of the result of the gratification under this Challenge, the Subscriber has ported out of the network of Idea, he/she will not be eligible to and entitled to get any gratification under the Challenge.
B. This Challenge is not available to the following Subscribers of Idea and they shall not be eligible to participate in this Challenge:
· The Subscribers being the employees of the Organisers and of their group companies, Affiliate or associate companies. “Affiliate” here shall mean with respect to each of the Organisers, any entity directly or indirectly controlling or controlled by or under direct or indirect common control with such Organiser. For the purposes of this definition, “control”, “controlled” or “controlling” shall be construed as the control by virtue of having the right to appoint the majority of the Board of Directors or owning the largest or controlling percentage of the voting securities or by virtue of any contractual arrangements or otherwise.
C. Only one person from a family, who gets the highest score among the family members, shall be eligible to get a gratification in the Challenge, meaning thereby that all other relatives of such person in the Family shall not be so eligible. The Family in relation to a person shall mean immediate family, consisting of any of the following relatives:
(i) Spouse, (ii) Brother (iii) Sister (iv) Father (v) Mother (vi) Son (vii) Daughter
D. The Subscriber whose residential address is same as that of a Subscriber who is eligible for any gratification as per terms and conditions of this Challenge, shall not be entitled to a gratification worth Rs. 5,000/- and above. Further, if there are multiple MSISDNs belonging to the same person, the MSISDN who gets the highest score among the said multiple MSISDNs shall only be eligible for any gratifications under the terms and conditions of this Challenge.
E. Further, the Subscribers who participate in the Challenge and are chosen as Highest Scorers under the Challenge in accordance with the Highest Scorer selection process under the Terms and Conditions of the Challenge, shall be required to be the registered Subscribers of the mobile phone number chosen as the Highest Scorer and not merely the persons using such mobile number. If the Highest Scorer (as defined hereinafter) is not able to provide sufficient evidence to show that he/she is the Subscriber of the mobile number, the Organisers reserve the right to award the gratification to the next eligible Highest Scorer or to forfeit the gratification, at its sole discretion.
“Highest Scorer(s)” shall mean a Subscriber who has earned highest/maximum points in answering the maximum number of questions correctly in least amount of time and which makes him/her, entitled to earn the gratifications under the Challenge.
F. The Subscriber may subscribe to the Challenge by calling the toll-free number __54322_____ or by other mode i.e., Short Message Service (SMS), Out Bound Dialer (OBD), Speaker Independent Voice Recognition (SIVR), Unstructured Supplementary Service Data (USSD) and Wireless Application Protocol (WAP).
2. PARTICIPATION, CHARGES & SELECTION FOR GRATIFICATION:
2.1 Under the present Offer, Subscriber may subscribe to the Offer by calling & subscribing on the number 54322 or by other mode i.e., Short Message Service (SMS), Out Bound Dialer (OBD), Speaker Independent Voice Recognition (SIVR), Unstructured Supplementary Service Data (USSD) and Wireless Application Protocol (WAP).
2.2 Subscriber participating in this Offer and generating the Highest Score during the Offer Period by using the Service and who is declared as Highest Scorer under the Offer in accordance with the Highest Scorer selection process under the Terms and Conditions of the Offer, shall be required to be eligible to the gratification only if he is the registered Subscriber of the mobile phone number (“Eligible Subscriber”) declared as the Highest Scorer and not merely the person using such mobile number (“Highest Scorer(s)”). If the Highest Scorer is not able to provide sufficient evidence to show that he/she is the registered Subscriber of the mobile number, the Organizers reserve the right to award the gratification to the next eligible Highest Scorer or to forfeit the gratification, at its sole discretion.
2.3 The Challenge will be available on 54322 (Toll Free) on Voice.
2.4 Subscribers will be informed about the participation for the Challenge, gratification and Terms and Conditions URL, when they call the 54322 Toll-free to participate in the Challenge.
2.5 Subscriber participating in this Offer and generating the Highest MOU during the Offer Period , shall be required to be eligible to the gratification only if he is the registered Subscriber of the mobile phone number (“Eligible Subscriber”) declared as the Highest Scorer and not merely the person using such mobile number (“Highest Scorer(s)”). If the Highest Scorer is not able to provide sufficient evidence to show that he/she is the registered Subscriber of the mobile number, the Organizers reserve the right to award the gratification to the next eligible Highest Scorer or to forfeit the gratification, at its sole discretion.
2.6 GRATIFICATION - The selection for the Gratification will be conducted after the Offer ends. Top 50 Subscribers with the Highest MOU’s will be eligible for a tie breaker round, wherein all 50 Subscribers will be eligible to participate in a tie-breaker round on voice channel, wherein 5 skill/knowledge based questions with two answer options for each question will be asked. Based on the performance in the tie-breaker round, the MSISDN who has scored maximum points in least time would be selected as the highest scoring MSISDN and will become eligible for gratification of Gift Card worth Rs. 5000/- or a voucher for trip to Mansa Devi i.e., if the tie-breaker has 5 questions, and there is a tie in this, then, the time taken for an MSISDN to answer 5-1=4 questions will be considered. In case of a tie in this, then the time taken to answer 4-1=3 questions, and so on will be considered.The communication about the tie breaker will be informed via SMS
1. By participating in the Offer, the Subscriber agrees and confirms that he/she shall not raise any query/clarification/concern/complaint/dispute with respect to the Offer after the expiry of Offer Period. After the expiry of the Offer Period, the Organisers shall not entertain any query/clarification/concern/complaint/dispute raised by the Subscriber.
2. The Subscriber hereby undertakes that he/she shall not challenge or raise any issue/dispute regarding the gratification in any condition whatsoever.
3. This participation of eligible Subscribers is voluntary, and subject to the applicable terms and conditions.
4. By entering the Offer, You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and You agree to receive promotional messages and alerts from the Organisers, as they may in their sole and absolute discretion decide. Also, the Subscribers may receive promotional updates from and at the sole discretion of the Organizer, of the upcoming offers.
5. Subscribers may contact SDL at ________________ regarding any queries/complaints pertaining to the Offer between 9.30 AM to 6.30 PM, on working days from Monday to Friday.
6. Mere participation in the Offer shall not entitle a Subscriber to the gratification. No other person or agent can claim the gratification on behalf of the Subscriber, unless otherwise expressly mentioned herein.
7. You acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, application and all material or content related to the Offer shall remain, at all times, owned by the Organisers and/or their respective owners. All material and content contained in the application is made available for Your personal and non-commercial use only. Any other use of the material/ content on the application and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
8. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by the Organisers including, but not limited to, meeting of the Subscriber's requirements or aspirations, timeliness, security, reliability of the Offer, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Offer or any transactions effected through the Offer; (b) The Subscriber expressly agree that his/her participation in the Offer offered by the Organisers is at his/her sole risk and is governed by the Terms and Conditions herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the application or through the Offer shall be construed to mean the giving of any warranty of any kind by the Organisers.
9. The gratification(s) under this Offer are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. All the gratifications shall be subject to such other terms and conditions as may be applicable to specific gratification and shall have to be duly complied with the Subscriber.
10. Any Subscriber providing any incorrect information or concealing/withholding any information from the Organisers with an intent to participate in the Offer will automatically be disqualified from participating in it. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Idea number, domicile, payment of outstanding amount to Idea or any other information provided by the Subscriber, shall entitle the Organisers to disqualify him/her without any further intimation.
11. Apart from the entitlement to the above gratifications, the Subscriber or their legal heirs, successors and representative will have no other rights or claims against the Organisers, unless expressly mentioned herein.
12. The Subscribers hereby irrevocably authorize Idea and its subsidiaries to use the data gathered during and/or after the Offer in respect of the Subscriber (including Subscriber’s name etc.) in any of its communications including marketing promotions and advertisements along with or without Idea’s brand.
13. This Offer is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of the Organisers (“Force Majeure Event”). The Organisers shall not be liable for any delay or adverse effect caused to this Offer there under as a result of a Force Majeure Event. The Organisers shall intimate the suspension of the Offer caused as a result of such Force Majeure Event to the Subscribers within reasonable time.
14. The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form.
15. This Offer is subject to guidelines/ directions issued by the Department of Telecommunications (“DoT”), Telecom Regulatory Authority of India (“TRAI”) or any other statutory authority from time to time.
16. The decision of the Organisers in respect of all transactions under this Offer shall be final and binding.
17. The Organisers shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of the Organisers. Without limiting the generality of the foregoing, the Organisers shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Offer including but not limited to any technical failures in the mobile connectivity, delay in time recorded or taken for answering a question, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or any failures arising out of technical snags or resultant inability of the listener for participation.
18. The Subscribers hereby agree and undertake not to hold the Organisers and/or any of their group entities or affiliates, their respective directors, officers, employees, agents, vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or indirect or remote that they may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Offer.
19. The Organisers or any of their group entities or affiliates, their respective directors, officers, employees, agents, representatives, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), by a Subscriber and/or any third party, directly or indirectly, by use or non-use of the gratification offered in this Offer.
20. The Organisers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Offer or any part thereof including the eligibility criteria, the terms and conditions and gratification at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Subscriber. The latest revised version of the Terms and Conditions shall be effective and binding on the Subscriber from the time of its posting on the Website/ application. You are therefore advised to check the Website regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to You, You should discontinue participating in the Offer.
21. The Organisers may use sub-contractors or 3rd party vendors to execute certain tasks associated with this Offer, without consent from the Subscribers.
22. The Organisers reserve the right, at any time, to unconditionally disqualify any Subscriber who tampers with or who in any way abuses the process or Terms and Conditions of the Offer, without giving any prior intimation to the Subscriber. Failure by the Organisers to enforce any of their rights at any stage does not constitute a waiver of those rights.
23. The Organisers reserve the right, at any time, to unconditionally disqualify any Subscriber who tampers with or who in any way abuses the process or Terms and Conditions of the Offer, without giving any prior intimation to the Subscriber. Failure by the Organisers to enforce any of their rights at any stage does not constitute a waiver of those rights.
24. The Organisers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Subscribers.
25. The officers of the Organisers, including their directors, officers, partners, employees, consultants and agents are under no obligation to render any advice or service to any Subscriber in respect of the Offer.
26. The provisions of this service, the Offer and any other promotional endeavor may not be used for any commercial purpose by any Subscriber.
27. These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in New Delhi.
1 An active Subscriber shall mean the Subscriber who uses the Subscriber Identity Module (“SIM”) on a regular basis for purposes other than to participate in this Offer or any other challenges offered by the Organizers jointly.
2 Subscriber shall mean the rightful user of the Idea pre-paid connection, in whose name the mobile phone number (MSISDN) is registered with the operator. In the event the number / connection is registered in the name of a company or firm, the employee who is authorized to use the MSISDN shall submit a No Objection Certificate and authorization of the employer duly permitting the employee to use the MSISDN for participation in the Offer, receive the gratifications and accept the terms applicable for the Offer.