PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS “Ayurveda JEETO RECHARGE CONTEST”. BY PROCEEDING WITH YOUR REGISTRATION AND PARTICIPATION IN THIS Voice Chat – Ayurveda JEETO RECHARGE CONTEST, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE OFFER AND THEREBY AGREE ON IRREVOCABLE BASIS, TO BE LEGALLY BOUND BY THESE T&C MENTIONED HEREUNDER. IF YOU DO NOT AGREE TO ABIDE BY THESE T&C, PLEASE DO NOT PARTICIPATE IN THIS OFFER.
“Ayurveda JEETO RECHARGE CONTEST” (Hereinafter referred to as “Offer”) is sponsored, organized and administered by Think Health Services, a company having its registered office at – T-24, Okhla Industrial Area, Phase-2, New Delhi – 110020, India, and corporate office at A-83, Sector-2, Noida – 201301, U.P., India, in association with Idea Cellular Limited, a company having its registered office at S Idea Cellular Ltd. Plot Number 1-2 Jai Jawan colony, Jaipur 302001 (here in after referred to as “Idea”) (jointly referred to as ‘Organizers ’).
TERMS AND CONDITIONS (T&C)
This Offer is purely on a “best effort” basis and participation is voluntary for customers using Talk to Ayurveda Doctor PPU Model Service (the “Service”)
1. Offer Period
This Offer is open for a limited period of 30 (Thirty) days only from 20TH May 2017 at 00:00 hrs to 18THJune 2017 at 23:59:59 hrs (“Offer Period”).
2. Eligibility Criteria
2.1 The Offer is open for all active pre-paid as well as post-paid category of cellular subscribers of Idea, in the below mentioned telecom circles (the “Subscribers”). For the sake of clarity, a “Subscriber /participant” for the purpose of this Offer shall mean and include an individual/person, who is the rightful owner/user of the pre-paid or post-paid mobile connection of Idea, registered in Rajasthan in India and in whose name the mobile connection is active and registered as per the records maintained by Idea Cellular Ltd (and which shall be conclusive). In case a participating Subscriber is an employee of a company and the mobile connection used by him is registered in the name of an employing company, the employee /user can participate in the Offer provided that the employing company issues a No Objection Certificate (NOC) and authorization of the employer duly permitting the employee to use the number for participation in the Offer, receive the Gratification and accept the terms applicable for the Offer.
2.2 The employees of Idea & Think Health Services and their group companies affiliate or associate companies; are not eligible to participate in this Offer.
2.3 Any post-paid Subscriber with any outstanding amount as dues against the monthly bills generated by Idea, shall not be eligible to participate in this Offer.
2.4 In order to be eligible for this Offer, a Subscriber/participant must fulfil the following criteria:
He/She should be above 18 years of age
He/She must be citizen of India
He/She must not have any criminal record nor should be of an unsound mind
He/She must not be restrained by any law of the land (e.g. - any court order(s) etc.)
He/She must be either an active existing or new subscriber of Service during the Offer Period.
3. Participation, Charges & Selection of the Highest MOU(s)
The Subscriber/s who has/have already used the Talk to Ayurveda Doctor 53513 service (Short code 53513) and who will use this service during the Offer Period will be eligible to participate in this Offer. However, to participate in the Offer, a Subscriber is required to dial the short code/IVR 53513 (Charges @ Rs.9/min) and use the service for a minimum of 6 minutes during the offer period and generate maximum MOUs (Minutes of Usage).
The Offer will be in Hindi & English language.
At the end of the Offer Period, total 34 participants who have been selected as Winner of the day shall become eligible for the Gratification.
3.2. Applicable Charges
(i) Rs 9 /Min for Ayurveda Doctor PPU (53513 Rs9/Min).
3.3. Selection of the Highest MOUs(s) / WINNER
(i) Daily/Weekly One Top Subscriber of the Duration of contest who have used the service most and generated maximum MOUs will be declared as Winner for the Day/ Week. It is also specifically agreed by the participants / Subscribers that the decision of THS and/or Idea with regards to the Offer including the process for selection of the highest MOUs shall be final and binding upon them and the participants agree not to dispute, or seek any clarification for the same from either THS or Idea or both.
WINNER of the DAY, During/at the end of the Contest Period shall be selected by THINK HEALTH SERVICES in accordance with clause 3.3 of the T&C, and shall be bequeathed as follows: (Note:- Ayurveda Jeeto Recharge Contest gratification paid by THINK HEALTH SERVICES)
(Total 34 Winners) Daily 1 Participants / WINNER will get Mobile Recharge worth Rs. 100 & Weekly 1 Participants / WINNER will get Mobile Recharge worth Rs. 500
Note: It is understood and agreed by the Subscribers that mere participation to this Offer during the Offer Period, does not entitle the Subscriber/s to claim the Gratification. He /she should be a selected/ declared as the highest MOUs by THS in conformity with the terms of clause 3.3, to claim the Gratification(s) mentioned above.
5. It is understood and agreed by the Subscribers that a selected participant/highest MOUs shall have to be the rightful owner of the particular mobile phone number/ connection, registered as per the records maintained by IDEA Cellular Ltd (and which shall be conclusive). If the selected participant/highest MOUs is not able to provide sufficient evidence to show that he/she is the rightful owner/user of the particular mobile connection, Idea reserves the right to award the Gratification to the next eligible participant.
6. By participating in the Offer, the Subscriber hereby further understands and agrees that THS shall at its sole discretion be responsible for inter-alia the selection of the participants and delivery of the Gratification at the mentioned venue of the choice of Idea & THS. The decision of THS in this regard shall be final and binding upon the Subscriber.
7. The participants shall be intimated through web-site of Idea. The results of the Offer shall be published/ uploaded on the website of Idea: http://www.ideacellular.com. The Subscriber/s may also log into the said web-site to check if he /she has won the Gratification from the Offer. The Subscribers/participants are required to be vigilant on their part in gathering information regarding the selection of the highest MOUs and/or for collection of Gratification. The date and time of selection of the highest MOUs shall be within 30 (Thirty) working days from the date of the closure of the Offer and the information shall be uploaded on the website as aforesaid, after the closure of the Offer. The Subscriber hereby understands and agrees that Idea’s responsibility in the Offer is limited only to the extent of communicating the list of participants to THS and uploading the results on its web-site. It is specifically mentioned that no information by post/courier/fax/telegram or any other mode shall be given by the THS or Idea.
8. At the end of the Offer Period and after the declaration of the highest MOUs by THS/Idea, the participants who have been declared as the highest MOUs and who have won the Gratification as per clause 4 of the T&C, shall be entitled to claim the Gratification from Idea’s Circle Office. (The “venue”). THS /Idea shall not be responsible for the travel arrangements and/or any cost incurred by any of the highest MOUs for the collection of their respective Gratification. The Gratification offered may be given to the successful participant/highest MOUs during a special event, the venue, date and time of which shall be announced by the Organizers, at their sole discretion, subsequent to the completion of the Offer.
9. The participants including the highest MOUs understand and agree that acceptance of the Gratification by the participant, constitutes grant of permission to Idea as well as THS and its affiliates, to click photographs of the participant/highest MOUs and use the participant/highest MOUs names, photocopy, preferences (likes and dislikes), voice and comments for adverting and promotional purposes in any media worldwide, only for purposes of advertising and trade without any additional compensation whatsoever to the participants/highest MOUs. The participating Subscribers, hereby understands and gives his/ her irrevocable consent for sharing /submission of his/her personal information with THS.
10. THS /Idea do not guarantee the quality of the goods being offered as Gratification nor is liable/ responsible for any defect in the goods so obtained/availed, by the Subscribers under this Offer. THS /Idea shall also not be liable for any defect in the Gratification so offered to the successful participant/highest MOUs under this Offer.
11. The Participants including the Participant understand and agree that the Gratification under the Offer is neither assignable nor transferable under any circumstances. The Gratification shall be subject to such other terms and conditions as may be applicable to specific Gratification and shall have to be duly complied with by the successful participant/MOUs.
12. A ny Gratification of value in excess of INR 5,000/- will be subject to deduction of Tax at Source (‘TDS’) under the provisions of the Income Tax Act, 1961 (Here, the value of Gratification refers to single payment i.e. each Gratification and not the total of all gratifications during a financial year). Such TDS on the Gratification/s shall be borne by the successful participant/highest MOUs. Further, all the successful participants/highest MOUs must furnish a valid Indian PAN Card copy to claim the Gratification amount, or Gratification, irrespective of the value of the same, failing which the successful participant/highest MOUs Gratification shall be forfeited, or the Gratification shall be rolled over to the next eligible participant, at the sole discretion of the Organizers . The successful participant/highest MOUs shall also be liable to pay all the other taxes which are applicable under any statue or law.
13. The selection shall be final and binding upon the participants.
14. All Gratifications must be claimed by the successful participant(s)/highest MOUs, along with the documents specified herein below at the venue. *The documents required to be submitted along with the claim by the successful participant(s)/highest MOUs include the following:
PAN Card and
Letter of Compliance with T&C and any other document in the format as may be required by the Organizers.
*(the document list is only inclusive and not exhaustive and can change as per the requirements of Law)
15. The Gratification(s) to the participant(s) shall be given subject to compliance with all applicable statutory legislations/ processes /formalities in connection with the Gratification(s) and on production of all such documents/papers mentioned in clause 15 of this T&C and as required by Idea/ THS before accepting the delivery of the Gratification. Any failure on the part of the successful participant/highest MOUs to comply with directions issued by Idea/ THS for claim of Gratification shall entitle Idea/ THS to forfeit the Gratification.
16. The Subscribers understand and agree that in case the Gratification is not available, any gift of equivalent value will be given by THS. All incidental costs/taxes/levies related to the Gratification(s) shall be exclusively borne by the subscriber including but not limited to TDS, Gift tax (if any), Road Tax, Insurance and any other taxes applicable by the government Central, State or Municipal.
17. In case of any queries/ complaints, the Subscribers shall have to directly contact THINK HEALTH SERVICES at A-83 , Sector-2 , Noida - 201301 regarding any queries /complaints. Alternatively, the subscriber can send an email to firstname.lastname@example.org
18. The Subscriber hereby agrees and undertakes not to hold Idea/ THS and/or or any of their group entities or affiliates, their respective directors, officers, employees, agents, THSs, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that the Subscriber may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of the present Offer.
19. The Subscribers / Participants including the highest MOUs(s) understand and agree that Idea/THS 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), to a Subscriber and/or any third party, directly or indirectly, by use or non-use of the Gratification.
20. The Gratification(s) must be claimed within 30 (Thirty) days of receiving the intimation from THS or from the date of publication of the list of successful participants/highest MOUs(s) on the website as aforesaid, failing which Idea/THS reserves the right to forfeit the same. This Offer cannot be used in conjunction with any alternative Offer or promotion.
21. Apart from the entitlement to the above Gratifications, the successful participant/highest scorer or their legal heirs/successors/representative will have no other rights or claims against the Organizers.
22. This Offer is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Idea/ THS. In case of force majeure conditions, no liability in whatsoever manner shall fall upon the Organizers.
23. The terms and conditions stated herein, shall not override the terms and conditions of the Subscriber Enrolment Form of the Idea Cellular connections of any or all categories.
24. The Offer is valid subject to compliance with all formalities as required by Idea/ THS. Any failure on the part of the subscriber to comply with the specified formalities shall disqualify the Subscriber.
25. This Offer is subject to guidelines / directions issued by Telecom Regulatory Authority of India or any other statutory authority from time to time.
26. The decision of Idea and THS in respect of all transactions under this Offer shall be final and binding. Idea and THS reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Offer or any part thereof including the eligibility criteria at its sole discretion at any time during its validity as may be required in view of business exigencies and/or changes by regulatory authority and/or statutory changes and the same shall be binding on the Subscriber.
27. The Terms & Conditions are subject to laws of India and to the exclusive jurisdiction of the Courts in Mumbai.
28. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by Organizers including, but not limited to, meeting of the participant's requirements or aspirations, timeliness, security, the results or reliability of any offer/scheme, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any Gratification, goods, services, benefits or awards acquired or obtained through the Offer or any transactions effected through the Offer; (b) The participant expressly agrees that his/her participation in the Offer is at the participant's 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 website or through the Offer shall be construed to mean the giving of any warranty of any kind by the Organizers.
29. The provisions of this service, the Offer and any other promotional endeavours may not be used for any commercial purpose by any person.
30. Organizers reserve the right, at any time, to unconditionally disqualify any participant who tampers with or who in any way abuses the process or Terms and Conditions of the Offer. Failure by Organizers to enforce any of their rights at any stage does not constitute a waiver of those rights.
31. Organizers and their officials including their directors, officers, partners, employees, consultants and agents are under no obligation to render any advice or service to any participant in respect of the Offer.