Friendship Month Offer -Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN “Friendship Month Offer”. (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 serv ice 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”).
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.
The employees of Operator & Spice Digital Limited and their group companies affiliate or associate companies; are not eligible to participate in this Offer.
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.
In order to be eligible for this Offer, a Browser/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 Browser of Service during the Offer Period.
He/She must have submitted the full set of valid documents as per DoT guidelines, at the time of taking connection.
Participation, Charges & Selection of the Highest Scorer(s)
The Browser/s who has/have browsed to Service minimum 10 MOUs in a single call and will use this Service by dialing short code 55694 , 55696 and 540401 during the Offer Period will be eligible to participate in this Offer. However, the Browser has to be an active Browser of the Service at least during the Offer Period to participate in the Offer.
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)
The Participants / Browser generating the highest Minutes of Usages (MOUs) by using the Service at the end of the Offer Period shall be declared as the highest scorer eligible for Gratification(s). The skill based questions will be pushed to the eligible subscribers and on the basis of faster and correct answers given by the participant will be declared as Winner of the offer. In case of a tie between the two or more Participants i.e. if two or more Participants have scored the same points, then those Participants shall be asked some skill or knowledge based questions as tie breaker. The Participant who scores maximum score while answering such skill or knowledge based questions shall be declared as the highest scorer and shall be eligible for Gratification(s). It is also specifically agreed by the Participants / Browsers that the decision of Spice Digital Limited and/or Operator 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 Spice Digital Limited or Operator or both.
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.
It is understood and agreed by the Browsers that a selected Participant/winner shall have to be the rightful owner of the particular mobile phone number/ connection, registered as per the records maintained by Operator (and which shall be conclusive). If the selected Participant/winner is not able to provide sufficient evidence to show that he/she is the rightful owner/user of the particular mobile connection, Operator reserves the right to award the Gratification to the next eligible Participant.
By participating in the Offer, the Browser hereby further understands and agrees that Spice Digital Limited shall at its sole discretion be responsible for inter-alia the selection of the Participants and delivery of the Gratification at venue of the choice of Operator & Spice Digital Limited. The decision of Spice Digital Limited in this regard shall be final and binding upon the Browser.
The Participants shall be intimated through web-site of Operator. The results of the Offer shall be published/ uploaded on the website of Operator: IDEA.The Browser/s may also log into the said web-site to check if he /she has won the Gratification from the Offer. The Browsers/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 within 15 (Fifteen) 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 Browser hereby understands and agrees that Operator’s responsibility in the Offer is limited only to the extent of communicating the list of Participants to Spice Digital Limited 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 Spice Digital Limited or Operator.
At the end of the Offer Period and after the declaration of the highest scorer by Spice Digital Limited/Operator, 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 Operator’s circle offices. (the “venue”). Spice Digital Limited /Operator 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.
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-
PAN Card and
Letter of Compliance with T&C and any other document in the format as may be required by the Organisers.
*(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 email@example.com .