PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY BEFORE PARTICIPATE IN THIS “!DEA Dialer Tone – “SUMMER CONTEST”. BY PROCEEDING WITH YOUR REGISTRATION AND PARTICIPATION IN THIS !DEA Dialer Tone – SUMMER 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.
!DEA DIALER TONE – “SUMMER CONTEST” (Hereinafter referred to as “Offer”) is sponsored, organized and administered by Venus Worldwide Entertainment Pvt. Ltd, a company having its registered office at 106/1, Blue Diamond Bungalow, Opp. SNDT College, Santa Cruz (West) Mumbai 400 049, (hereinafter referred to “VWE”); in association with Idea Cellular Limited, a company having its registered office at Idea Cellular Ltd. Plot Number 1-2 Jai Jawan colony, Jaipur 302001 and Corporate Office at 10th Floor, The Birla Centurion, Plot no.794, B Wing, Pandurang Budhkar Marg, Worli, Mumbai, Maharashtra 400030 (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 the eligible Subscribers of Idea Dialer Tone (the “Service”) & Idea Dialer Tone PPU model (the service).
This Offer is open for a limited period of 30 days only from 25TH May 2017 at 00:00 hrs to 23rd June 2017 at 23:59:59 hrs (“Offer Period”).
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 any telecom circle 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 & VWE and their group companies affiliate or associate companies; are not eligible to participate in this Offer.
2.3 Any postpaid 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 fulfill 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.
Participation, Charges & Selection of the Highest Scorer(s)
The Subscriber/s who has/have already subscribed to Idea Dialer Tone service and who will subscribe to this service during the Offer Period will be eligible to participate in this Offer. However, to participate in the Offer & Idea subscriber can play this using Idea Dialer Tone Short Code 56766 TOLLFREE). A Subscriber is required to dial the short code/IVR and Need to Select Summer Songs as max as he can during the offer period & who has downloaded the maximum songs at the end of the week will win gratification and this process will continue for four week.
The Offer will be in Hindi & English language.
At the end of the Offer, total 5 participants of the Offer generating/scoring the maximum score shall become eligible for the Gratification.
3.2. Applicable Charges
(i) No entry/browsing fee to the Toll free number is payable by a participant for participating in this Offer.
(ii) Subscription charges Rs 39 per month & Song Selection Charges Rs 15 for unlimited Days for Idea Dialer Tone.
3.3. Selection of the Highest Scorer(s)
(i) Participating Subscriber who used the Services most and generated maximum score by selecting maximum songs will be selected and will be eligible for the Gratification. In case of a tie between the two or more participants i.e. if two or more participants have equal Downloads then the participant who has consumed the maximum MOUs within minimum days on 56766, shall be selected by Idea/VWE for Gratification as mentioned below. It is also specifically agreed by the participants / Subscribers that the decision of VWE and/or Idea with regards to the Offer including the process for selection of the highest scorer shall be final and binding upon them and the participants agree not to dispute, or seek any clarification for the same from either VWE or Idea or both.
Questions and their answers, designed/sourced by VWE, are as per their best knowledge and information available and have been collected and framed with reasonable prudence. In case there is any discrepancy / dispute regarding the questions or answers, neither Organizers nor any third party involved shall have any liability towards any participants.
Top Participants who have selected / downloaded maximum Songs During/at the end of week shall be selected by VWE in accordance with clause 3.3 of the T&C, and shall be bequeathed as follows: (Note:- Summer Contest gratification paid by Venus Worldwise Entertainment Pvt Ltd)
One Top Winner every week (Total 4 Winners in 4 weeks) - who have downloaded maximum songs in a week will get FREE TALKTIME of Rs 500.
One Top Winner of the Month/Offer Duration - who have downloaded maximum songs in Month/Offer Duration will get FREE TALKTIME of Rs 1000
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 scorer by VWE in conformity with the terms of clause 3.3, to claim the Gratification(s) mentioned above.
It is understood and agreed by the Subscribers that a selected participant/highest scorer 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 scorer 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.
By participating in the Offer, the Subscriber hereby further understands and agrees that VWE 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 & VWE. The decision of VWE in this regard shall be final and binding upon the Subscriber.
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 scorer and/or for collection of Gratification. The date and time of selection of the highest scorer shall be on 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 VWE 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 VWE or Idea.
At the end of the Offer Period and after the declaration of the highest scorer by VWE/Idea, the participants who have been declared as the highest scorers 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”). VWE /Idea shall not be responsible for the travel arrangements and/or any cost incurred by any of the highest scorers for the collection of their respective Gratification. The Gratification offered may be given to the successful participant/highest scorer 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.
The participants including the highest scorer understand and agree that acceptance of the Gratification by the participant, constitutes grant of permission to Idea as well as VWE and its affiliates, to click photographs of the participant/highest scorer and use the participant/highest scorer’s 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 scorer. The participating Subscribers, hereby understands and gives his/ her irrevocable consent for sharing /submission of his/her personal information with VWE.
VWE /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. VWE /Idea shall also not be liable for any defect in the Gratification so offered to the successful participant/highest scorer under this Offer.
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/Scorer.
Any 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 scorer. Further, all the successful participants/highest scorer 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 scorer’s 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 scorer shall also be liable to pay all the other taxes which are applicable under any statue or law.
The selection shall be final and binding upon the participants.
All Gratifications must be claimed by the successful participant(s)/highest scorer, 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 scorer include the following-
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/ SDL before accepting the delivery of the Gratification. Any failure on the part of the successful participant/highest scorer to comply with directions issued by Idea/ VWE for claim of Gratification shall entitle Idea/ VWE to forfeit the Gratification.
The Subscribers understand and agree that in case the Gratification is not available, any gift of equivalent value will be given by VWE. 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.
In case of any queries/ complaints, the Subscribers shall have to directly contact VWE at F1, Ist Floor, Laxmi Wollen Mills Estate, Shakti Mills Lane, Off. Dr. Moses Road, Mahalaxmi, Lower Parel, Mumbai, Maharashtra - 400013 regarding any queries /complaints. Alternatively, the subscriber can send an email to …………………………………..
The Subscriber hereby agrees and undertakes not to hold Idea/ VWE and/or or any of their group entities or affiliates, their respective directors, officers, employees, agents, VWEs, 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.
The Subscribers / Participants including the highest scorer(s) understand and agree that Idea/VWE 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.
The Gratification(s) must be claimed within 30 (Thirty) days of receiving the intimation from VWE or from the date of publication of the list of successful participants/highest scorer(s) on the website as aforesaid, failing which Idea/VWE reserves the right to forfeit the same. This Offer cannot be used in conjunction with any alternative Offer or promotion.
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.
This Offer is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Idea/ VWE. In case of force majeure conditions, no liability in whatsoever manner shall fall upon the Organizers.
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.
The Offer is valid subject to compliance with all formalities as required by Idea/ VWE. Any failure on the part of the subscriber to comply with the specified formalities shall disqualify the Subscriber.
This Offer is subject to guidelines / directions issued by Telecom Regulatory Authority of India or any other statutory authority from time to time.
The decision of Idea and VWE in respect of all transactions under this Offer shall be final and binding. Idea and SDL 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 anytime during it’s 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.
The Terms & Conditions are subject to laws of India and to the exclusive jurisdiction of the Courts in Mumbai.
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.
The provisions of this service, the Offer and any other promotional endeavors may not be used for any commercial purpose by any person.
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.
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.