Promotions & Contests

Festival Of Gifts Challenge

TERMS AND CONDITIONS OF FESTIVAL OF GIFTS CHALLENGE

PLEASE READ THESE TERMS & CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CHALLENGE KNOWN AS “FESTIVAL OF GIFTS CHALLENGE”. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS “FESTIVAL OF GIFTS CHALLENGE”, 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 CHALLENGE.

 

Terms and Conditions:

The FESTIVAL OF GIFTS CHALLENGE (hereinafter referred to as “Challenge”) is conceptualized,  organized and conducted by OnMobile Global Limited having its registered office at Tower# 1 94/1 C & 94/2, Veerasandra Village, Attibele Hobli, Anekal Taluk, Electronic City Phase 1, Bangalore- 560100- India (hereinafter referred to as “OnMobile”)  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 5th Floor, Windsor, Off CST Road, Kalina, Santacruz (E), Mumbai-400098 (hereinafter referred to as “Idea”).

OnMobile and Idea shall hereinafter be jointly referred to as “Organisers

The Challenge is open for a limited period from  18th October 2016 ,00:00:01 hours till 31st December 2016, 23:59:59 hoursboth days inclusive, for the active pre-paid as well as post-paid category of the Idea subscribers (“Subscriber(s)”) of the following Idea telecom service areas circles (“Circle(s)”):

 

*Classification of Circle(s) –

 

 

Sl no

Circle-Group

1

JK

2

HP

3

PUNJAB

4

HARYANA

5

DELHI

6

MP

7

MUMBAI

8

MAHARASHTRA

9

AP

10

KK

11

TN

12

KERALA

 

 

For the avoidance of any doubt, please note that the gratifications offered under this Challenge are solely sponsored and distributed by OnMobile for the Highest Scorers (defined later) of this Challenge and Idea is only providing information and data in relation to the active Subscribers participating in this Challenge and the Short Message Service Center (“SMSC”), to facilitate the Challenge to be participated by the Active Subscribers1.

 

The Challenge is not available to the Subscribers who are roaming outside their home Circles/Network.

The Challenge will be available in English on Short Message Service (“SMS”).

A Subscriber, by participating in the Challenge, hereby through its explicit consent  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 Challenge 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.

For the purposes of these Terms and Conditions, wherever the context so requires “You” or “Your” or “Subscriber” shall mean any natural person who is a Subscriber.

Also, by participating in this Challenge, 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 Challenge as an independent party and nothing herein establishes an employer-employee relationship between You and Idea or between You and OnMobile and You are acting voluntarily, using Your own time and resources to participate in the Challenge, solely at Your own risk.
  • Warrant that prior to participating in the Challenge, 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 or Short Message Service (“SMS”) and after understanding the implications of the same.

 

 

These Terms and Conditions are available on the website at the following address:  http://idea.offerzone.in and 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 Challenge, You (through your explicit consent through SMS )indicate Your acknowledgement and acceptance of these Terms and Conditions.

 

  1. Procedure and Eligibility to participate:

This Challenge is valid for all active prepaid and postpaid Subscribers who fulfill the following criteria:

 

  • 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 the Subscriber has ported out from Idea at the time of receiving any Gratification under this Challenge, he/she shall not be eligible for the Gratification.

 

Further, the Subscribers who participate in the Challenge and are chosen as Highest Scorers on the basis of achieving maximum scores in answering the questions correctly of each category of gratification (“Highest Scorer(s)”)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 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.

The Subscriber may subscribe to the Challenge by sending SMS “YES” to 567898.

 

  1. Challenge on SMS:

 

  • The Challenge will be available on SMS on 567898 for all Subscribers that download a Dialer Tone during the Challenge period. To participate in the Challenge, Subscribers are required to SMS YES to 567898, toll free.

 

  • Once a Subscriber becomes eligible for the offer, an SMS is sent, informing him/her that he/she is now eligible for the offer and can participate in the Challenge. 

 

  • Based on the charged amount ,if the Subscriber becomes a Dialer Tone (“DT”) subscriber and if the Subscriber is charged for activation on DT service then only Subscriber will be given welcome message, if Subscriber gets activate on DT service and the charged amount Is zero  then Subscriber will not be given welcome message and this Subscriber will not be eligible to  participate in the challenge.

 

  • Based on the DT transaction and the amount charged, subscribers will be allowed to answer questions.

 

  • For all Subscribers who participate in the Challenge for the first time by sending the keyword YES as an SMS to 567898, a welcome SMS will be sent to the number of the Subscribers, informing them that he/she is now eligible for the Challenge and can participate by sending an SMS and about the gratifications offered under the Challenge, and the Terms and Conditions URL. This will be followed by the 1st question and answer options.

 

  • Subscribers may participate in the Challenge by sending the keyword YES to 567898 as an SMS to receive a question and answer options and then sending a response to 567898 by typing ‘A’ or ‘B’ or by sending ‘A’ or ‘B’ as a response to the question that they received last.

 

  • If a Subscriber downloads a new song before answering all the 10 questions of his previously downloaded song, the pending questions will be lapsed. Eg. A Subscriber downloaded a song and got 10 questions to answer and he answers 4 questions and downloads a new song; then the pending 6 questions will be lapsed and next eligibility will be to answer only 10 questions.

 

  • All Subscribers can answer up to 300 questions in the Challenge. The questions have 2 answer options each. The questions are skill or knowledge based on information available to the public at large. All questions are in multiple choice format and the answer to each must be selected from one of the 2 options only.

 

  • For every right answer the Subscriber will get 1 point. There is no negative marking for a wrong answer.

 

  • After every answer, the Subscriber will be sent an appropriate response, with the updated score and given the next question and answer options.
  • If a Subscriber stops participating the Challenge after answering the nth question then when he/she sends an SMS typing WIN to the number 567898, he/she will receive the (n+1)th question.
  • A Subscriber can participate the Challenge only once.

                                                                                      

  • If a Subscriber does not receive the subsequent question after answering the nth question, then he/she can continue participating the Challenge either by sending SMS YES to 567898, or calling 567898, during the Challenge, to receive the next question.

 

  • The Subscribers may discontinue participating the Challenge anytime by sending ‘STOP’ an SMS to 567898.

 

  1. Gratifications and Highest Scorer selection:

 

 Super Bumper Gratification:

The selection for the Super Bumper Gratification will be conducted after the Challenge ends. One MSISDN with highest score in the least amount of time in the Challenge will become eligible for Gold card worth up to Rs 300,000 subject to deduction of applicable taxes from time to time. Such gold vouchers shall be issued by scheduled bank of India.

Mini Bumper Gratification:

The selection for the Mini Bumper Gratification will be conducted after the challenge ends. The challenger who gets Super Bumper Gratification will not be eligible for Mini Bumper Gratification. 

One MSISDN with highest score in the least amount of time in a circle in the challenge will become eligible for Gold card worth up to Rs 25,000 subject to deduction of applicable taxes from time to time. Such gold vouchers shall be issued by scheduled bank of India.

 

Weekly Bumper Gratification:

The selection for the Weekly Bumper Gratification will be done basis the weekly schedule. Three MSISDNs with highest score in the least amount of time in a circle in a week will become eligible for Mobile Recharge worth up to Rs 500.

One MSISDN can get the Weekly Bumper Gratification only once in the challenge.

The selection for the weekly Gratification and the communication thereof to the eligible Subscriber will be done within a reasonable time as decided by the Organizers

 

The successful challengers for Weekly Bumper gratification will be intimated over SMS about the same in 20 working days, provided we get the validations on time from Idea.

 

However the selection of the said successful challenger within the aforesaid Weekly Bumper gratification shall be subject to the validations of the challenger being timely provided by Idea. Further, for reasons of technical snags, beyond the control of Idea and the Organizer, or for any force majeure events such as act of god, neither the Organizer nor Idea shall be liable for any delay, beyond the Weekly Bumper gratification Time Period, for selection of the Challenger of the Gratification.    

 

Daily Bumper Gratification:

Ten MSISDNs with highest score in the least amount of time in a circle listed in the table given below in a day will become eligible for Mobile Recharge worth up to Rs 50.

One MSISDN can win the Daily Bumper gratification only once in the Challenge.

The selection for the daily Gratification and the communications thereof to the eligible Subscriber will be done within a reasonable time as decided by the Organizers.

 

The successful challengers for Daily Bumper gratification will be intimated over SMS about the same in 20 working days, provided we get the validations on time from Idea.

 

However the selection of the said successful challenger within the aforesaid Daily Bumper gratification shall be subject to the validations of the challenger being timely provided by Idea. Further, for reasons of technical snags, beyond the control of Idea and the Organizer, or for any force majeure events such as act of god, neither the Organizer nor Idea shall be liable for any delay, beyond the Daily Bumper gratification Time Period, for selection of the Challenger of the Gratification.    

 

*Classification of Circle-Group(s) -

 

 

Sl no

Circle-Group

1

JK

2

HP

3

PUNJAB

4

HARYANA

5

DELHI

6

MP

7

MUMBAI

8

MAHARASHTRA

9

AP

10

KK

11

TN

12

KERALA

 

 

Weekly Schedule

Week

From

To

1

18-Oct

24-Oct

2

25-Oct

31-Oct

3

01-Nov

07-Nov

4

08-Nov

14-Nov

5

15-Nov

21-Nov

6

22-Nov

28-Nov

7

29-Nov

05-Dec

8

06-Dec

12-Dec

9

13-Dec

19-Dec

10

20-Dec

26-Dec

11

27-Dec

31-Dec

 

The summary of the gratification is provided in the table herein below:

 

 

Gratification Model

Criteria

Product

Quantity

Super Bumper

Highest scorer across 12 circles during the challenge period

Gold Card

1

Mini Bumper

Highest scorer in each circle during the challenge period

Gold Card

12

Weekly Bumper

3 Highest scorers in each circle in a week

Mobile Recharge

396

Daily Bumper

10 Highest scorers in each  circle in a day

Mobile Recharge

9,000

 

 

 

In case of a tie between two or more participating Subscribers, all such tied numbers will be eligible to participate in a tie-breaker round on Voice channel. Based on the performance in the tie-breaker round the MSISDN who has scored maximum points in the least time would be selected as the Highest Scorer.

 

In case of a further tie in the score and time taken, in the tie-breaker rounds, the selection will be conducted by checking the time taken by the MSISDNs to answer x-1, x-2 questions in the tie-breaker. i.e., if the tie-breaker has 35 questions, and there is a tie in this, then, the time taken for an MSISDN to answer 35-1=34 questions will be considered. In case of a tie in this, then the time taken to answer 34-1=33 questions, and so on will be considered.

 

  1. The total time taken by an MSISDN to provide the correct answers in a day, whether on Voice or SMS is used to determine the Highest Scorer for the afore-mentioned gratification. All Subscribers who participate in the Challenge are provided the option to participate in the Challenge through Voice (as detailed in Clause 2) and SMS (as detailed in Clause 3) and are aware that time taken to answer a question through SMS is recorded only upon receipt of the SMS by OnMobile’s system and not from the time that the SMS has been sent by the Subscriber. Accordingly, time taken to correctly answer the questions in a day through SMS may be more than the time that is clocked in the Voice mode. Subscribers hereby agree and confirm that he/she is aware that an SMS sent by the Subscriber may not be received by the Organisers instantly due to various factors outside the control of the Organisers such as Network failure or System failure and hereby agrees not to dispute/challenge the delay caused hence. The time for recording of answer shall be the time at which the Organisers receives the answer and not the time at which the Subscriber sends an answer from his/her handset. For example – If a subscriber sends an answer at 2 PM but it was received by Organisers only at 3 PM, then 3 PM will be considered for Highest Scorer Selection. The Subscriber undertakes not to challenge the selection process of Highest Scorer(s) in case of tie in the number of points scored, since the time at which the SMS was received by Organisers will be considered for selecting the Highest Scorer. Participants hereby undertake sole responsibility to check the result link provided on a daily basis post completion of Challenge to know the Highest Scorer and to claim their gratification, if any. Post Highest Scorer declaration and completion of their announcement and further process as the case may be if Organisers finds that the declared Highest Scorers are wrong then Organisers reserves the right to declare the correct Highest Scorers again and cancel the gratification of Highest Scorers declared earlier.

 

  1. A Subscriber is eligible to receive  more than one gratification during the period of the Challenge, provided he/she meets the above said criteria’s for the respective or gets selected during the tie-breaker process, subject at all times to Clause 38 below.

 

  1. Without prejudice to the foregoing, the Subscribers shall not hold OnMobile, the Independent Auditor (defined below) or Idea liable for the Highest Scorer selection process under this Challenge.

 

  1. The process of Highest Scorer selection for each category of gratification, in accordance with the Highest Scorer selection process detailed in this Challenge will be witnessed by an independent third party auditor (“Independent Auditor”) who shall, after the selection of the Highest Scorers, certify such process.

 

  1. The gratifications offered in this Challenge will be sponsored and distributed by the OnMobile or by a designated third party.

 

  1. All gratifications will be given after deducting various taxes, license fees and charges as applicable.

 

  1. After the selection and validation of the Highest Scorers of the gratifications under the Challenge, the Highest Scorers will be contacted, by calling them on 3 consecutive days on the number registered with Idea, and will be given further details as to how, when and where they can collect their respective gratification. For such purpose the Highest Scorer(s) will receive calls only from one of the numbers mentioned herein, i.e., 080-67186344 or +91-80-49292425. The Organisers shall not be liable for any reason whatsoever in the event the Highest Scorers respond or communicate in any form, with any other number. In the event any of the Highest Scorers do not answer the calls of OnMobile, an SMS will be sent to the Highest Scorers intimating them regarding their selection as the Highest Scorers under the different categories of gratifications and providing them the details as to how, when and where they can collect their respective gratification (“Intimation”). The gratification offered under the Challenge may be given to the Highest Scorers during a special event, the venue, date and time of which shall be announced by the OnMobile, at its sole discretion, subsequent to completion of the Challenge. In the event no special event is being conducted by OnMobile, the Highest Scorers shall be requested to provide their address to which the gratification may be sent by OnMobile, failing which the gratification shall be forfeited. The gratification shall, under no circumstance be distributed from the amount charged by the Organisers for participating in the Challenge. Delivery of gratification will be subject to the Highest Scorers giving the correct address and his/her availability there. The Highest Scorers agree that there shall be no liability on OnMobile or IDEA in the event such message does not reach such Highest Scorer on any account for any reason whatsoever. In the event that any of the Highest Scorers cannot be reached through SMS or calls for a period of 3 days from the date of Intimation, or are ineligible or are disqualified, for any reason whatsoever, OnMobile reserve the right to forfeit the gratification at its sole discretion. All decisions by the Organisers regarding the selection of the Highest Scorers shall be final and binding. In the event the gratification cannot be delivered, when specified that they will be delivered, due to reasons beyond the control of OnMobile, the Highest Scorers shall collect them from the nearest place specified by OnMobile.

 

  1. Without prejudice to the foregoing Clause 7, any failure on the part of the Highest Scorer under this Challenge to comply with directions issued by the OnMobile shall entitle OnMobile, at its discretion, to cancel and forfeit the gratification for the said Highest Scorer and the same gratification will be given to the next eligible Highest Scorer. The gratification shall be distributed only after and subject to confirmation of an existing Permanent Account Number (“PAN”) of the Highest Scorer(s).  The Organisers shall not be responsible for any delay on part of a third party including the courier agency, in delivering the gratification.  All costs and expenses for collecting the gratification unless otherwise specified shall be borne solely by the Highest Scorer under this Challenge and the gratification shall not be transferable and no request shall be entertained by the Organisers for such transfer.

 

  1. To be eligible to claim the gratification/s under the Challenge, the MSISDNs chosen as the Highest Scorers shall be required to be active Subscribers of Idea during Highest Scorer announcement period.

 

  1. The gold card offered as gratification in this Challenge will be given to the Highest Scorer(s) after deduction of such value equivalent to the amount of applicable taxes, including but not limited to, TDS and as applicable from time to time and applicable VAT on the purchase of the gold. The Highest Scorers will receive a TDS certificate in respect of the amount of TDS, and also a statement showing the value of the gold received.
  2. The Highest Scorers can use the gold card being given as Super Bumper Gratification and Mini Bumper Gratification in this Challenge to purchase gold only up to the value specified in the respective gold card, irrespective of the rate of conversion of gold at the time of such purchase. The value of the gratification offered as Super Bumper Gratification shall not exceed Rs. 3,00,000, and Mini Bumper Gratification shall not exceed Rs. 25,000.  The gratifications offered in this Challenge are subject to availability. OnMobile reserves the right to provide for an alternative model or brand of the gratifications hereunder or issue a Bank Gift Card (defined below) for the value of the gratification given under the Challenge, after deducting applicable taxes, which may be redeemed by the Highest Scorer at stores accepting such Bank Gift Card.

 

  1. Without prejudice to the foregoing, under no circumstance shall the Highest Scorers of the Challenge be entitled to redeem any category of gratification including a Bank Gift Card for cash, unless expressly mentioned herein. OnMobile, at its sole discretion, may or may not provide a cash alternative to any of the gratification being offered in this Challenge.  

 

  1. This Challenge is being made purely on a “best effort” basis and participation of eligible Subscribers is voluntary, and subject to the applicable terms and conditions.

 

  1. By entering the Challenge, 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 including without limitation daily updates on the score under this Challenge 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 Organisers, of the upcoming challenge/s for 20 days from the date of commencement of such upcoming challenges. Subscribers may send STOP as an SMS to 567898 to stop receiving such updates. The process could take up to 48 hours to get activated and the Subscriber undertakes not to dispute/challenge any promotional update send by the Organisers during this period.

 

  1. Subscribers may contact OnMobile at 080-49080661 TOLL-NUMBER regarding any queries or complaints pertaining to the Quiz between 9.00 AM to 9.00 PM, on all working days except public holidays. Alternatively, Subscribers may send an email to contest@onmobile.com which shall be answered on working days. All disputes must be addressed by the Subscribers in writing to OnMobile, and Idea shall neither be responsible nor shall entertain any communication in this regard.

 

  1. Mere participation in the Challenge 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.

 

  1. By participating in the Challenge, Subscribers consent to the following information relating to them to be exchanged between Idea, OnMobile and their concerned vendors and/or published or otherwise communicated to in any media that the Organisers may deem fit, for the purpose of Highest Scorer’s announcement: name, mobile phone number, score and/or photograph. Organisers may, at their discretion, choose not to disclose the identity of the selected Highest Scorers to other Subscribers unless expressly mentioned herein. The Subscribers also consent to the information being shared by OnMobile with its affiliates and service providers and to the information being processed and stored in the servers of OnMobile or its service providers, inside or outside India

          

  1. You acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, Website and all material or content related to the Challenge shall remain, at all times, owned by the Organisers  and/or their respective owners. All material and content contained in this Website is made available for Your personal and non-commercial use only. Any other use of the material/ content on this Website and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.

 

  1. The Organisers are neither responsible nor guarantee the quality of the goods or services being offered as gratification nor are they liable for any defect or deficiency of goods or services so obtained/availed, by the Subscribers under this Challenge. The Organisers are also not liable for any defect/deficiency in the gratification(s) so offered or availed, by the Subscribers under this Challenge. The Subscribers shall not have the right to claim any damages, loss or costs from the Organisers for delay in delivery of the gratification(s) on any grounds whatsoever.

 

  1. 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, the results or reliability of the Challenge, delay in sending or receiving the SMS for participating in the Challenge, delay in time taken or recorded for answering a question including under the tie-breaker process, 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 Challenge or any transactions effected through the Challenge; (b) The Subscriber expressly agree that his/her participation in the Challenge 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 Website or through the Challenge shall be construed to mean the giving of any warranty of any kind by the Organisers.

 

  1. The gratification(s) under this Challenge 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 by the Highest Scorer.

 

  1. The gold card offered as the Super Bumper Gratification hereunder will be organized by OnMobile. The gold card may be used by the Highest scorer (“Highest scorer”) to purchase gold only up to the value specified in the respective gold card, irrespective of the rate of conversion of gold at the time of such purchase. The Highest scorers shall not have any claims in matters arising from or in connection with the gold card and shall indemnify and keep indemnified the Organisers, Idea and the third party issuing the gold card. The respective gold card may be used only in stores accepting the gold card will be detailed in the gold card. You acknowledge and agree that the amount mentioned in the gold card may not be fully utilized, subject to change in the rates and related antecedents to such gold voucher; and You hereby agree that You are not entitled to any refund or any claim for such unutilized amount. Any complaint or claim shall not be entertained with respect to such unutilized amount. You hereby confirm that You will provide necessary information and documents or otherwise pay any additional charges which are not included in the prize money for using the gold card at the time of purchase and You shall not claim any reimbursements from the Organisers and/or Idea. `You hereby agree that the gold card are at all times subject to the terms and conditions mentioned in the respective gold card and will be applicable to be used only for a limited period as detailed in the respective gold card. The gold card which may be given to the Highest scorer as a prize shall be given after deduction of such value equivalent to the amount of applicable taxes, including but not limited to, Tax Deducted at Source (“TDS”) @ 30.99% or as applicable from time to time and applicable Value Added Tax on the purchase of the gold. The Highest scorer will receive a TDS certificate in respect of the amount of TDS, and also a statement showing the value of the gold.

 

  1. The gratification(s) to the Highest Scorer shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the gratification(s) and on production of all such documents/papers as may be required by the Organisers before accepting the delivery of the gratification. Any failure on the part of the Highest Scorer to comply with directions issued by the Organisers for claim of gratification shall entitle the Organisers to forfeit the gratification(s) or roll the gratification over to the next eligible Highest Scorer, at their sole discretion.

 

  1. Any Subscriber providing any incorrect information or concealing/withholding any information from the Organisers with an intent to participate and/or be chosen as the Highest Scorer of the Challenge will automatically be disqualified from participating in it and being chosen as the Highest Scorer of the different categories of gratification. 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.

 

  1. A Subscriber shall be considered ineligible if he/she does not conform to the conditions as stipulated in these Terms and Conditions, or cannot provide any of the required documents as stipulated in Clause 26 herein below for the purposes of receiving the gratification.

 

  1. All gratification must be claimed by the Highest Scorers, along with the documents specified herein below within the specified timelines intimated by the Organisers. The documents required to be submitted along with the claim by the Highest Scorers include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of law):
  • Identity Proof;
  • Photocopy of PAN Card;
  • Address Proof;
  • In case of Highest Scorer holding a post-paid connection of Idea number and is entitled to a gratification, the value of which exceeds [Rs. 5,000/-], self-attested copy of the latest bill issued by the operator in respect of the Idea MSISDN registered with the Organisers under the Challenge;
  • In case of Highest Scorer holding a pre-paid connection of Idea number and is entitled to a gratification, the value of which exceeds [Rs. 5,000/-], an affidavit in the format provided by the Organisers, declaring that the Highest Scorer is the rightful Subscriber of the Idea MSISDN and the same is registered with the operator in the name of the Highest Scorer; and
  • Letter of compliance with rules and regulations and declarations in the format as may be required by the Organisers or applicable laws.
  • The Organisers disclaim merchantability, fitness for use or specific purpose in respect of all the gratifications provided under this Challenge.

 

  1. The Highest Scorers’ names will be announced as registered in the system of Idea. The list of the Highest Scorers of the gratification will be published on the Website-http://Idea.offerzone.in

 

  1. A Bank Gift Card acts as a pre-filled card, in which the Highest Scorer’s gratification amount, less TDS if applicable, is available and is given to the Highest Scorer at the discretion of the Organisers.  This Bank Gift Card can be used / swiped as a debit card in all outlets where Bank Gift Cards are accepted. The Bank Gift Card is valid for a minimum period of 6 (six) months from the date of its issue to the Highest Scorer.  The applicable terms and conditions for such Bank Gift Card shall be the terms and conditions stipulated by the relevant bank. This Bank Gift Card may be issued by the Organisers, at its sole discretion, to any of the category of gratification.

 

  1. The Subscribers shall indemnify and keep indemnified the Organisers and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which the Organisers may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the Subscribers under the Terms and Conditions hereunder, any failure by the Subscribers to comply with applicable law and any third party claim in respect of misuse of any information of a third party.  The Organisers shall have the right to defend themselves, pursuant to this Clause, at the cost of the Subscribers. The Organisers or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Highest Scorer or any third party.

 

  1. The Organisers makes no representation of having a business relationship or tie up with any such companies, individuals or any other organization whose products are offered as gratifications in the Challenge. All trade names shall continue to remain owned by their respective owners.

 

  1. All incidental costs, taxes or levies related to the gratification(s), if any, shall be exclusively borne by the Highest Scorers, including but not limited to TDS, gift tax (if any), Insurance and any other taxes applicable by the Central, State or Municipal government. The Highest Scorers are required to make their own arrangements for travel, accommodation and such other ancillary facilities to claim their respective gratification.  Organisers shall not be responsible in this regard whatsoever. Additionally, the –Organisers shall not be liable to reimburse any cost of travel, accommodation or such other costs incurred by any of the Subscribers while they are claiming their respective gratification.

 

  1. Any gratification of value in excess of INR 10,000/- in a year will attract deduction of tax at source and all taxes to be paid on the gratification/s shall be paid by the Highest Scorer at the prevailing rate.  Further, all Highest Scorers 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 Highest Scorer’s gratification shall be forfeited, or the gratification shall be rolled over to the next eligible Highest Scorer, at the sole discretion of the Organisers.

 **A Highest Scorer earning gratification in excess of INR 10,000/- in a year in aggregate from all challenges / offers conducted by OnMobile Global Limited as one of the Organisers irrespective of the operator or other Organisers will be subject to TDS under the Income Tax Act, 1961.             

 

  1. Apart from the entitlement to the above gratifications, the Highest Scorer or their legal heirs, successors and representative will have no other rights or claims against the Organisers, unless expressly mentioned herein.

 

  1. The list of Highest Scorers for the gratifications will be announced after the end of the Challenge and after all the Highest Scorer selection processes are completed.

                                                                                                                                                              

  1. The Subscribers hereby irrevocably authorize Idea and its subsidiaries to use the data gathered during and/or after the Challenge in respect of the Subscriber (including Subscriber’s name and photograph etc.) in any of its communications including marketing promotions and advertisements along with or without Idea’s brand.

 

  1. The employees of the Organisers and of their group companies, affiliate or associate companies shall not be eligible to be chosen as the Highest Scorer of any of the gratifications offered in this Challenge.

 

  1. The gratification shall be handed over by OnMobile on receipt of all the documents from the Highest Scorer required to process the distribution of the gratification. This Challenge including the gratification cannot be used in conjunction with any alternative offer or promotion of a similar nature.

 

  1. This Challenge 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 Challenge thereunder as a result of a Force Majeure Event.  The Organisers shall intimate the suspension of the Challenge caused as a result of such Force Majeure Event to the Subscribers within reasonable time.

 

 

  1. The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form.

 

  1. This Challenge 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.

 

  1. The decision of the Organisers in respect of all transactions under this Challenge including without limitation the selection of the Highest Scorers shall be final and binding.

 

  1. Questions and their answers, designed/sourced by the Organisers, are as per their best knowledge and information available and have been collected and framed with reasonable prudence. In case there is any discrepancy or dispute regarding the questions or answers, neither the Organisers nor any third party involved shall have any liability towards any Subscriber.

 

  1. 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 Challenge including but not limited to any technical failures in the mobile connectivity, delay in sending or receiving the SMS for participating in the Challenge, delay in time recorded or taken for answering a question during the tie-breaker process, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct score updates or any failures arising out of technical snags or resultant inability of the listener for participation.

 

  1. 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 Challenge.

 

  1. 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 Challenge.

 

  1. The Organisers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Challenge 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. 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 Challenge.

 

  1. The Organisers may use sub-contractors or 3rd party vendors to execute certain tasks associated with this Challenge, without consent from the Subscribers.

 

  1. The Highest Scorers shall not be entitled to the gratification, in case he/ she fails to clear all outstanding dues payable to Idea and / or is not an active Subscriber of Idea on the date of announcement of the gratification and as on the date of claiming the gratification.

 

  1. 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 Challenge, 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.

 

  1. Any attempt by a Subscriber to deliberately undermine the legitimate operation of the Challenge is a violation of laws and should such an attempt be made, the Organisers reserve the right to seek damages from any such Subscriber to the fullest extent permitted by law.

 

  1. The Organisers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Subscribers.

 

  1. 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 Challenge.

 

  1. The provisions of this service, the Challenge and any other promotional endeavor may not be used for any commercial purpose by any Subscriber.

 

  1. These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in Mumbai.

 

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