TERMS AND CONDITIONS OF IDEA SPORTS FEVER CHALLENGE
PLEASE READ THESE TERMS & CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CHALLENGE KNOWN AS “IDEA SPORTS FEVERCHALLENGE”. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS “IDEA SPORTS FEVERCHALLENGE”, 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 IDEA SPORTS FEVER CHALLENGE (hereinafter referred to as “Challenge”) is conceptualized, organized and conducted by Spice Digital Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 60-D, Street No. C-5, Sainik Farms, New Delhi-110062 and corporate office at S Global Knowledge Park, 19A & 19B, Sector-125, Noida - 201301, [U.P.], (hereinafter referred to as “SDL”) 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 10th floor, Birla Centurion, Century Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai 400030 (hereinafter referred to as “Idea”).
SDL and Idea shall hereinafter be jointly referred to as “Organisers”.
The Challenge is open only for a limited period starting from 4th Apr 2017, 00:00:01 hours till 30th June 2017, 23:59:59 hours, both days inclusive, for the active1 pre-paid as well as post-paid category of the Idea subscribers (“Subscriber(s)”2) of the following Idea telecom service areas circles (“Circle(s)”):
ANDHRA PRADESH + KARNATAKA + TAMIL NADU & CHENNAI & KERALA
UTTAR PRADESH EAST + BIHAR + ASSAM + NORTH EAST +ORISSA +KOLKATA & WEST BENGAL
MAHARASHTRA + MUMBAI + GUJARAT & MADHYA PRADESH
PUNJAB + HARYANA + HIMACHAL PRADESH + JAMMU and KASHMIR
DELHI + UTTAR PRADESH WEST & RAJASTHAN
For the avoidance of any doubt, please note that the gratifications offered under this Challenge are solely sponsored and distributed by SDL 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 played by the Active Subscribers.
The Challenge is not available to the Subscribers who are roaming outside their home Circles.
The Challenge will be available in Interactive Voice Response mode (“IVR” or “Voice”) in either English or Hindi language.
A Subscriber, by participating in the Challenge, hereby 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. This Challenge is purely on a “best effort” basis and participation of eligible Subscribers in this Challenge is voluntary. SDL in association with Idea, reserves the right to the participation in this Challenge.
For the purposes of these Terms and Conditions, wherever the context so requires “You” or “Your” 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 SDL 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 and after understanding the implications of the same.
These Terms and Conditions are available on the website 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 indicate Your acknowledgement and acceptance of these Terms and Conditions.
1. PROCEDURE AND ELIGIBILITY TO PARTICIPATE:
A. This Challenge is valid for all active prepaid and postpaid Subscribers who fulfill the following criteria:
· He/she must be an existing Subscriber of sports pack/cricket pack/ cricket event pack or he/she should subscribe sports pack/cricket pack/ cricket event pack to participate in the Challenge;
· 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 at the time of the declaration of the result of the gratification under this Challenge, the Subscriber has ported out of the network of Idea, he/she will not be eligible to and entitled to get any gratification under the Challenge.
B. This Challenge is not available to the following Subscribers of Idea and they shall not be eligible to participate in this Challenge:
· The Subscribers being the employees of the Organisers and of their group companies, Affiliate or associate companies. “Affiliate” here shall mean with respect to each of the Organisers, any entity directly or indirectly controlling or controlled by or under direct or indirect common control with such Organiser. For the purposes of this definition, “control”, “controlled” or “controlling” shall be construed as the control by virtue of having the right to appoint the majority of the Board of Directors or owning the largest or controlling percentage of the voting securities or by virtue of any contractual arrangements or otherwise.
C. Only one person from a family, who gets the highest score among the family members, shall be eligible to get a gratification in the Challenge, meaning thereby that all other relatives of such person in the Family shall not be so eligible. The Family in relation to a person shall mean immediate family, consisting of any of the following relatives:
(i) Spouse, (ii) Brother (iii) Sister (iv) Father (v) Mother (vi) Son (vii) Daughter
D. The Subscriber whose residential address is same as that of a Subscriber who is eligible for any gratification as per terms and conditions of this Challenge, shall not be entitled to a gratification worth Rs. 10,000/- and above. Further, if there are multiple MSISDNs belonging to the same person, the MSISDN who gets the highest score among the said multiple MSISDNs shall only be eligible for any gratifications under the terms and conditions of this Challenge.
E. Further, the Subscribers who participate in the Challenge and are chosen as Highest Scorers of each category of gratification 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 (as defined hereinafter) 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.
“Highest Scorer(s)” shall mean a Subscriber who has earned highest/maximum points in answering the maximum number of questions correctly in least amount of time and which makes him/her, entitled to earn the gratifications under the Challenge.
F. The Subscriber may subscribe to the Challenge by calling the toll-free number 5220089 or by other mode i.e., Short Message Service (SMS), Out Bound Dialer (OBD), Speaker Independent Voice Recognition (SIVR), Unstructured Supplementary Service Data (USSD) and Wireless Application Protocol (WAP).
2. PARTICIPATION & CHARGING:
2.1 This Challenge is meant for the new as well as the existing Subscribers of sports pack/cricket pack/ cricket event pack service and brought forward by SDL/ Idea, purely on a “best effort” basis. Any participation by the Subscribers in this Challenge is voluntary. To participate in this Offer, a Subscriber/Participant shall have to do the following: - Subscriber/Participant needs to activate cricket/sports service by dialing the IVR Short code 5220089 or by other mode Short Message Service (SMS), Out Bound Dialer (OBD), Speaker Independent Voice Recognition (SIVR), Unstructured Supplementary Service Data (USSD) and Wireless Application Protocol (WAP). Post payment of the subscription charges (mentioned below), Subscriber will get delayed match score alerts of the match played during the Challenge Period along with match’s schedule, interesting sports/cricket trivia and team’s information and shall be eligible for the Gratifications. It is also specifically agreed by the Participants / Subscribers that the decision of SDL and/or Idea shall be final and binding upon them and agree not to dispute, seek clarification from either SDL or Idea or both.
2.2 The Challenge is available on voice. The Challenge consists of maximum 500 cricket/sports skill/knowledge based questions with two answer options for each question.
2.3 The charged amount will not be refunded to Subscribers under any circumstances.
2.4 Subscribers shall be allowed to participate in the Challenge only after the Subscriber subscribes the sports pack/cricket pack/ cricket event pack and SDL as well as the Subscriber shall get a successful billing call back from Idea.
2.5 If a Subscriber un-subscribes the sports pack/cricket pack/ cricket event pack during the Challenge Period then his total score till the time of un-subscription will become zero and if the Subscriber again subscribes to sports pack/cricket pack/ cricket event pack, his/her scoring will start from Zero.
2.6 Keywords and Applicable Charges:
Price Point (Rs.)
Cricket Event Pack
Rs 5/match Day
Rs 50 /Month
Rs 5/match Day
3. CHALLENGE ON VOICE:
3.1 The Challenge will be available on 5220089 on Voice.
3.2 Subscribers will be informed about the participation for the Challenge, gratification and Terms and Conditions URL, when they call the number 5220089 Toll-free to participate in the Challenge.
3.3 The Challenge consists of maximum 500 skill/knowledge based questions on cricket/sports with two answer options for each question. Everyday Subscriber will be given 5 questions and the un-played questions will not be carried forward. The Subscribers may play these questions at anytime during the same day during the Challenge Period. The Subscribers may press 1 for option 1 or press 2 for option 2 on their phone keypad to answer each question of the Challenge. All questions are in multiple choice format and the answer to each must be selected from one of the 2 options only.
3.4 The questions under the Challenge shall be based on information available to the public at large.
3.5 For every right answer the Subscriber will get 10 point. There is no negative marking for a wrong answer.
3.6 After every answer, the Subscriber will be played an appropriate response and given the next question and answer options.
3.7 If Subscriber stops participating in the Challenge without answering the nth question, then when he/she calls the afore-mentioned number, he/she will be given the nth question, which may be different from what he/she received previously, i.e., if a Subscriber listens to the 4th questions but drops the call without answering the 4th question, then when he/she calls again, he/she will be given the 4th question, which may be different from what he/she received previously. Note – If the Subscriber calls back on the next day to play the nth question, he/she will not be able to continue from where he/she left yesterday, one next day Subscriber will get fresh set of 5 new questions.
4. GRATIFICATIONS AND HIGHEST SCORER SELECTION:
A. Bumper Gratification:
No. of Gratifications = 1
Gratification = Harley Davidson Street 750 Bike worth upto Rs.5,00,000/- (ex show room price) for the Highest scorer (i.e., the MSISDN scoring highest score)
The selection for the Bumper Gratification will be conducted after the Challenge ends. One (1) MSISDNs across all Circle-Groups, scoring highest score in least time, in the Challenge will become eligible for the gratification of Harley Davidson Street 750 Bike worth up to Rs 5,00,000/-(ex show room price).
B. Circle/Group Wise Bumper Gratification:
No. of Gratification = 5
Gratifications = (a) Gift Card (of Scheduled Bank)3 worth upto Rs.10,000/-.
The selection for the Circle/Group Wise Bumper Gratification will be conducted after the Challenge ends. One (1) MSISDN scoring highest score in least time in each Circle/Group, during the period of the Challenge will become eligible for this gratifications of Gift card (of Scheduled Bank) worth upto Rs.10,000/- .
Note: The Gift Card will function as per the terms and conditions stipulated by the relevant Scheduled Bank issuing the Gift Card.
C. Daily Gratification:
No. of Gratification (5 Highest Scorer Daily) Gratification= Recharges4 worth Rs. 100/-.
Five (5) MSISDNs, who shall participate in this Challenge and shall answer five (5) correct questions in least amount of time on any day during the Challenge, will become eligible for the daily gratification, i.e., the daily gratification of pre-paid recharge worth Rs. 100/-, each. An MSISDN can get the Daily Gratification only once in the Challenge, i.e., an MSISDN, which has once been selected as highest scorer for this gratification on any Day during the Challenge shall not be eligible for Daily gratification on any other Day. The selection for the Daily Gratification and the communication thereof to the eligible Subscriber will be sent within 10 days from each day during the period of Challenge.
D. Subscriber will get assured recharge of Rs. 50/- only after successful activation of sports pack/cricket pack/ cricket event pack and Subscriber is eligible for the gratification for only one time during the period of Challenge. The Gratification(s) must be claimed within 24 hours of receiving the intimation through SMS containing the link (https://goo.gl/CYnRK9) for doing the above said recharge, after filling certain details; failing which Idea /SDL reserves the right to forfeit/suspend the Gratification. This Challenge cannot be used in conjunction with any alternative offer or promotion.
a. In case the participant(s) participates with multiple MSISDN in the Challenge, the MSISDN which has been selected to be eligible for the gratification of highest value, shall only be considered for the purpose of awarding the gratifications to such participant (s) and the other MSISDN(s) shall not be considered for any other gratification, irrespective of the points earned through such MSISDN(s).
b. Without prejudice to the foregoing, the Subscribers shall not hold SDL, the Independent Auditor (defined below) or Idea liable for the Highest Scorer selection process under this Challenge.
c. 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.
5. By participating in the Challenge, the Subscriber agrees and confirms that he/she shall not raise any query/clarification/concern/complaint/dispute with respect to the Challenge after the expiry of 90 days from the last day of the Challenge. After the expiry of the said period of 90 days the Organisers shall not entertain any query/clarification/concern/complaint/dispute raised by the Subscriber.
6. The Subscriber hereby undertakes that he/she shall not challenge or raise any issue/dispute regarding the selection process of Highest Scorer(s) in any condition whatsoever.
7. The gratifications offered in this Challenge will be sponsored and distributed by SDL or by a designated third party.
8. All gratifications will be given after deducting various taxes, license fees and charges as applicable.
9. After the selection and validation of the Highest Scorers of the gratifications under the Challenge, the Highest Scorers will be contacted, by calling them for a period of 15 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. 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 SDL, 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 SDL, at its sole discretion, subsequent to completion of the Challenge. In the event no special event is being conducted by SDL, the Highest Scorers shall be requested to provide their address to which the gratification may be sent by SDL, 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 the SDL 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 15 days from the date of Intimation, or are ineligible or are disqualified, for any reason whatsoever, SDL reserve the right to forfeit the gratification or the gratification shall be transferred to the Subscriber who has the second Highest Score, 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 SDL, the Highest Scorers shall collect them from the nearest place specified by SDL.
10. Without prejudice to the foregoing Clause 9, any failure on the part of the Highest Scorer under this Challenge to comply with directions issued by the SDL shall entitle SDL, 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.
11. 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.
12. The gratifications offered in this Challenge are subject to availability. SDL 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.
13. 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. SDL, at its sole discretion, may or may not provide a cash alternative to any of the gratification being offered in this Challenge.
14. 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.
15. 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 Organizer, of the upcoming challenge/s for 20 days from the date of commencement of such upcoming challenges.
16. Subscribers may contact SDL at email@example.com regarding any queries/complaints pertaining to the Challenge between 9.30 AM to 6.30 PM, on working days from Monday to Friday. All disputes must be addressed by the Subscribers in writing to SDL, and Idea shall neither be responsible nor shall entertain any communication in this regard.
17. 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.
18. By participating in the Challenge, Subscribers consent to the following information relating to them to be exchanged between Idea, SDL 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 and details of the selected Highest Scorers to other Subscribers unless expressly mentioned herein. The Subscribers also consent to the information being shared by SDL with its affiliates and service providers and to the information being processed and stored in the servers of SDL or its service providers, inside or outside India.
19. 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.
20. 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.
21. 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 time taken or recorded for answering a question, 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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 user 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.
27. 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.
28. The Organizer 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.
29. 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 Subscribers shall not be liable to reimburse any cost of travel, accommodation or such other costs incurred by any of the Subscribers.
30. 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 SDL as one of the Organisers irrespective of the operator or other Organisers will be subject to TDS under the Income Tax Act, 1961.
31. 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.
32. 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.
33. 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.
34. 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.
35. The gratification shall be handed over by SDL 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.
36. 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.
37. The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form.
38. 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.
39. 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.
40. 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.
41. 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 time recorded or taken for answering a question, 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.
42. 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.
43. 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.
44. 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.
45. The Organisers may use sub-contractors or 3rd party vendors to execute certain tasks associated with this Challenge, without consent from the Subscribers.
46. 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.
47. 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.
48. 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.
49. The Organisers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Subscribers.
50. 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.
51. The provisions of this service, the Challenge and any other promotional endeavor may not be used for any commercial purpose by any Subscriber.
52. These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in New Delhi.
1 An active Subscriber shall mean the Subscriber who uses the Subscriber Identity Module (“SIM”) on a regular basis for purposes other than to participate in this Challenge or any other challenges offered by the Organizers jointly.
2 Subscriber shall mean the rightful user of the Idea connection, pre-paid or post-paid, in whose name the mobile phone number (MSISDN) is registered with the operator. In the event the number / connection is registered in the name of a company or firm, the employee who is authorized to use the MSISDN shall submit a No Objection Certificate and authorization of the employer duly permitting the employee to use the MSISDN for participation in the Challenge, receive the gratifications and accept the terms applicable for the Challenge.
3 A scheduled bank, refers to a bank which is listed in the 2nd Schedule of the Reserve Bank of India Act, 1934. Scheduled banks are usually private, foreign and nationalised banks operating in India.
4 Recharge is the amount that will be given to the Highest Scorers as talk-time, based on the available denominations or offers in the respective Circle-Group or State. In case in any of the Circle-Groups, the talk-time recharge value or denomination offered in the Challenge is not available, the Highest Scorers will be provided with the nearest value or denomination available for talk-time, data or SMS recharge which could be equal to or closest to the recharge value or denomination offered. All taxes and charges including but not limited to State tax, cess, operator charges etc. on such recharge will be applicable and will be borne by the Highest Scorer.