TERMS AND CONDITIONS –IDEA 3G STADIUM CHALLENGE
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CHALLENGE KNOWN AS IDEA 3G STADIUM CHALLENGE. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS IDEA 3G STADIUM CHALLENGE, THE PARTICIPANT/s HEREBY ACKNOWLEDGE/s TO ACCEPT AND THEREBY AGREE ON IRREVOCABLE BASIS, TO BE LEGALLY BOUND BY ALL THESE TERMS & CONDITIONS HEREIN. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS & CONDITIONS, PLEASE DO NOT PARTICIPATE IN THIS CHALLENGE.
The “Idea 3G Stadium CHALLENGE ”(hereinafter referred to as “CHALLENGE”) would be organized and administered by Digital Law & Kenneth (DLK in short) having its registered office at 301 Neelam Center, A Wing, Hind Cycle Road, Worli, Mumbai- 400030 India (hereinafter referred to as “DLK”) in association with Idea Cellular Limited, a company having its UP-East Circle office at Fortuna towers, 10 Rana Pratap Marg, Opp NBRI, Lucknow - 226001 and Corporate Office at 5th Floor, Windsor, Off CST Road, Kalina, Santacruz (E), Mumbai-400098 (hereinafter referred to as “Idea”). DLK and Idea shall be jointly referred to as “Organizers”. DLK will at all times be wholly, solely, exclusively and absolutely liable & responsible for the content, conduct, organization, administration of the challenge end to end without limiting only to the designing of the portal as well as the declaration of the successful participants. The role of Idea will be exclusively limited & restricted only to that of a telecom service provider.
For the purpose of this Challenge, the following terms shall have the meanings defined below when used in capital letters herein:
A Participant, by participating in this Challenge hereby agrees to:
These Terms and Conditions are available on the Website at the following address: http://Idea.contestzone.in (“Website”).
1. Procedure and Eligibility to participate:
This Challenge is valid and open to those residents of Uttar Pradesh East Service Area who voluntarily subscribe for the Challenge. The Participants who subscribe for the challenge during the period of 25th March 2016 and 4th April 2016 within the prescribed time scheduled as mentioned above, shall only be eligible to participate in this Challenge without paying any subscription or entry fee for participating in this Challenge.
However participation in this Challenge is subject to the following criteria:
2. To Participate in the Challenge:
4. After the validation of the maximum number of likes on the Idea event page on facebook, the top performer will be contacted through Facebook vide post comments, for 03 (Three) consecutive days, commencing from the declaration of the top performer/s, and will be given further details as to how, when and where the top performer/s can collect his/her respective Gratification.
All or any dispute/s must be addressed by the Participant in writing to DLK directly.
5. The Participant hereby understands and gives his/ her irrevocable consent for personal information relating to the Participant to be exchanged with Idea, DLK and its vendors or published and/or communicated to/in any media that it may deem fit, and Idea, DLK or its vendors may, at their sole discretion choose to publish or disclose the name(s), phone number(s) and/or photographs of all / any of the Participants, if required.
6. The Participant acknowledges and agrees 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 Organizers / 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.
7. Idea, its management, employee/s is/are neither responsible or shall be held responsible nor guarantees the quality of the goods/services being given as Gratification(s) nor is it liable for any defect in the goods/services so obtained/availed, by the Participants under this Challenge. DLK is also not liable for any defect in the Gratification(s) so availed, by the Participants under this challenge.
8. The Gratification(s) under the Challenge is neither assignable, encashable nor transferable under any circumstances. All the Gratification(s) shall be subject to such other terms and conditions as may be applicable to specific Gratification(s) and shall have to be duly complied with by the top performers.
9. The Gratification(s) to the top performer/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 as may be required by Idea/DLK before accepting the delivery of the Gratification(s). Any failure on the part of the winner to comply with directions issued by Idea/DLK for claim of Gratification(s) shall entitle Idea/DLK to forfeit the Gratification(s), at their sole discretion. Idea at its sole discretion shall decide the model/variant of any Gratification(s) in this Challenge.
10. The Organisers, at their sole absolute discretion, reserve the right/s to substitute Gratification(s) of equal or greater value at any time. However, there will be not be any form of cash alternative.
11. All incidental costs/taxes/levies related to the Gratification(s), if any, shall be exclusively borne by the Participant, including but not limited to TDS, Gift tax (if any), Road Tax, Insurance and any other taxes applicable by the Central, State Government & or Municipal Authorities.
12. All Gratification(s) must be claimed by the top performer/s, along with the documents specified herein below. The documents required to be submitted along with self-attestation include/s the following (the document list is only inclusive and not exhaustive and can change as per the requirements of Law):
13. Any Gratification 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. Further, all the successful participants must furnish a valid Indian PAN Card copy to claim the Gratification(s) amount, or Gratification(s), irrespective of the value of the same, failing which the successful participant’s Gratification(s) shall be forfeited, or the Gratification(s) 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.
14. None of the employees of Idea / DLK and their group companies, affiliate or associate companies shall be eligible to any of the Gratification(s) in this Challenge.
15. The Gratification(s) shall be handed over by Idea/DLK on receipt of all the self-attested documents from the successful participant required to process the distribution of the Gratification(s).
16. This Challenge cannot be used in conjunction with any alternative Challenge or promotion.
17. This Challenge is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control/s of Idea/ DLK.
18. 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 / authorities from time to time.
19. The decision of the Organisers in respect of all transactions under this Challenge shall be final and binding.
20. Neither Idea nor DLK shall 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, failure of servers or any other failure or any mistakes arising out of technical snags. Further, DLK/Idea shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of DLK or Idea.
21. The Participant/s hereby agree/s and undertake/s not to hold Idea/ DLK and/or any of its / their group entities or affiliates, their respective director/s, officer/s, employee/s, agent/s, vendor/s, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either directly or remotely that you may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Challenge.
22. Idea/DLK 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 participant and/or any third party, directly or indirectly, by use or non-use of the Gratification(s) in this Challenge.
23. 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 Challenge.
24. Organizers reserve the right, at any time, to unconditionally disqualify any participant/Participants who tamper/s with or who in any way abuses the process or Terms and Conditions of the Challenge. Failure by Organizers to enforce any of their rights at any stage does not constitute a waiver of those rights.
25. Substitution or exchange of ‘gratification’ will not be allowed. Idea and DLK reserve the absolute right & discretion at all times, to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Challenge or any part thereof including the eligibility criteria, the Terms & Conditions and Gratification(s) at their sole discretion at any time during its validity as may be required in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and the same shall be binding on the Participant/s. The participants are therefore advised to check this website regularly for any update(s) or amendment(s) made to these terms and conditions.
26 The provisions of this service, the Challenge and any other promotional endeavours may not be used for any commercial purpose by any person.
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 challenge, 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 participant expressly agrees that his/her participation in the Challenge is at the participant's sole risk as to consequences 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 in any form manner or nature, of any kind by the Organisers.
28. The Gratification(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 as are or may be required by the Organizers before accepting the delivery of the Gratification(s). Idea at its sole discretion shall decide the Gratification(s) in this Challenge.
29. Apart from the entitlement to the above Gratification(s), the Participant will have no other rights or claims against the Organizers.30. Any dispute or difference arising regarding the Gratifications(s), terms and conditions, decision of the organizers or any other matters or obligation of the parties hereto under the terms and conditions or any clause thereof or matter or thing herein contained or as to the rights and liabilities of the parties hereto shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modifications or re-enactment for the time being in force.
31. These Terms & Conditions are subject to Law of the land and or any amendments to the same from time to time, the exclusive jurisdiction of the Courts at Mumbai only shall prevail.