Friendship Day Offer -Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN “VALENTINE CONTEST”.(Hereinafter referred to as “Offer”). BY PROCEEDING WITH YOUR REGISTRATION AND PARTICIPATION IN THIS OFFER, 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.
The Offer is sponsored, organized and administered by Spice Digital Limited, a company incorporated under the Companies Act, 1956, having its registered office 60-D, Street No. C-5, Sainik Farms, New Delhi 110063 and corporate office at S Global Knowledge Park, Plot No. 19A & 19B, Sector 125, Noida-201301 (UP) (hereinafter referred to “Spice Digital Limited”); in association with Idea Cellular Limited, a company having its registered office at at Suman Tower, Plot No. 18, Sector – 11, Gandhinagar – 382 011 (here in after referred to as “Operator”) (SPICE DIGITAL LTD & Operator shall jointly be referred to as ‘Organisers’).
TERMS AND CONDITIONS (T&C)
This Offer is purely on a “best effort” basis and participation is voluntary for the eligible browsers of IDEA IVR service on short code 55694 , 55696 & 540401 (the “Service”).
This Offer is valid for a limited period of 31days only i.e from 1st August 2016, 00:00 hrs to 31st August’16 23:59 hrs (“Offer Period”).
2.1 The Offer is open for all active pre-paid as well as post-paid categories of cellular browsers of Operator, in Delhi telecom circle.
For the sake of clarity, a “Browser/s /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 Operator, registered in New Delhi telecom circle in India and in whose name the mobile connection is active and registered as per the records maintained by Operator (and which shall be conclusive). In case a Participants / Browser 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 Operator & Spice Digital Limited and their group companies affiliate or associate companies; are not eligible to participate in this Offer.
2.3 Any postpaid Browser with any outstanding amount as dues against the monthly bills generated by Operator shall not be eligible to participate in this Offer.
2.4 In order to be eligible for this Offer, a Browser/Participant must fulfill the following criteria-
3.2. Applicable Charges
For participating in the Offer, user have to dial 55694, 55696, 540401 Short code and can browse any service from the list available on IVR.
3.3. Selection of the Highest Scorer(s)
Questions and their answers, designed/sourced by Spice Digital Limited, 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 Organisers nor any third party involved shall have any liability towards any Participants.
Top Browser`s / Participant`s of DELHI circle who shall generate minimum 10 Minutes of Usage (MOUs) in a day and give correct Skill based answers shall get Rs.100/- talk time daily
Note: It is understood and agreed by the Browsers that mere participation to this Offer during the Offer Period, does not entitle the Browser/s to claim the Gratification. He /she should be a selected/ declared as the highest scorer in conformity with the terms of clause 3.3, to claim the Gratification(s) mentioned above.
9. The Participants understand and agree that acceptance of the Gratification by the Participant, constitutes grant of permission to Operator as well as Spice Digital Limited and its affiliates, to click photographs of the Participant/ winner and use the Participant/winner’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. The Participants / Browsers, hereby understands and gives his/ her irrevocable consent for sharing /submission of his/her personal information with Spice Digital Limited.
10. Spice Digital Limited /Operator 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 Browsers under this Offer. Spice Digital Limited /Operator shall also not be liable for any defect in the Gratification so offered to the successful Participant/highest scorer under this Offer.
11. The Participants 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. The Gratification is subject to availability and there will be no cash alternative. Organizer reserve the right to substitute Gratification of equal or greater value, at any time.
12. Any Gratification of value in excess of INR 13000 will be subject to advance payment of Tax at Source (‘TDS’) by winner this is as per the provisions of the Income Tax Act, 1961, if applicable. Further, all the successful Participants(s)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’s Gratification shall be forfeited, or the Gratification shall be rolled over to the next eligible Participant, at the sole discretion of the Organisers. The successful Participant 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) 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 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 14 of this T&C and as required by Operator/ Spice Digital Limited before accepting the delivery of the Gratification. Any failure on the part of the successful Participant/highest scorer to comply with directions issued by Operator/ Spice Digital Limited for claim of Gratification shall entitle Operator/ Spice Digital Limited to forfeit the Gratification.
16. The Browsers understand and agree that in case the Gratification is not available, any gift of equivalent value will be given by Spice Digital Limited. All incidental costs/taxes/levies related to the Gratification(s) shall be exclusively borne by the Browser 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. The Browser hereby agrees and undertakes not to hold Operator/ Spice Digital Limited and/or or any of their group entities or affiliates, their respective directors, officers, employees, agents, Spice Digital Limited’s, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that the Browser 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.
18. The Browsers / Participants including the highest scorer(s) understand and agree that Operator/Spice Digital Limited 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 Browser and/or any third party, directly or indirectly, by use or non-use of the Gratification.
19. The Gratification(s) must be claimed within 30 (Thirty) days of receiving the intimation from Spice Digital Limited or from the date of publication of the list of successful Participants/highest scorer(s) on the website as aforesaid, failing which Operator/Spice Digital Limited reserves the right to forfeit the same. This Offer cannot be used in conjunction with any alternative Offer or promotion.
20. Apart from the entitlement to the above Gratifications, the successful Participant or their legal heirs/successors/representative will have no other rights or claims against the Organisers.
21. This Offer is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Operator/ Spice Digital Limited. In case of force majeure conditions, no liability in whatsoever manner shall fall upon the Organisers.
22. The terms and conditions stated herein, shall not override the terms and conditions of the Browser Enrolment Form of the Operator Cellular connections of any or all categories.
23 The Offer is valid subject to compliance with all formalities as required by Operator/ Spice Digital Limited. Any failure on the part of the Browser to comply with the specified formalities shall disqualify the Browser.
24. This Offer is subject to guidelines / directions issued by Telecom Regulatory Authority of India or any other statutory authority from time to time.
25. The decision of Operator and Spice Digital Limited in respect of all transactions under this Offer shall be final and binding. Operator and Spice Digital Limited 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 Browser.
26. The Terms & Conditions are subject to laws of India and to the exclusive jurisdiction of the Courts in Delhi.
27. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by Organisers 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 Organisers.
28. The provisions of this Service, the Offer and any other promotional endeavours may not be used for any commercial purpose by any person.
29. Organisers 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 Organisers to enforce any of their rights at any stage does not constitute a waiver of those rights.
30. Organisers 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.
31. If, in any Circle of Operator and/or territory or part thereof, the running of Offer is prohibited, the Browsers from such Circle and/or territory or part thereof shall not be eligible to participate in Offer. No further notice shall be given by the Organisor, in this regard.
32. In case of any queries/ complaints relating to Offer, the Browsers shall have to directly contact Spice Digital Limited at S Global Knowledge Park, Plot No. 19 A & 19 B, Sector-125, NOIDA-201301, Uttar Pradesh. Alternatively, the Browsers can send an email firstname.lastname@example.org .