TERMS AND CONDITIONS
PLEASE READ THESE TERMS & CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CHALLENGE KNOWN AS “Watch & Win”. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS “Watch & Win”, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE CHALLENGE 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 Watch & Win Challenge (hereinafter referred to as “ Challenge”) is conceptualized, organized and conducted by Idea Cellular Ltd, a company incorporated under the provisions of the Companies Act, 1956; 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” / “Organizer”) for the benefit of its subscribers.
For the purposes of these Terms and Conditions, “You” shall mean any natural person who is an Idea subscriber. 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.
· You are acting voluntarily, using your own time and resources to participate in the Challenge solely at your own risk.
These Terms and Conditions are available on the website at the following address: www.ideacellular.com or on [Facebook & Twitter page of Idea Movies & TV.] (“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 The Terms and Conditions can be amended or varied from time to time or withdrawn and therefore, please visit the Website periodically to keep yourself updated and informed.
1. Procedure and Eligibility to participate:
This Challenge is available only to the Active Subscribers 1of Idea who have subscribed to the Idea Movies & TV and who fulfill the following criteria:
· He/she should be an Idea Movies & TV subscriber.
· 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 not be under any legal disability e.g. insolvency, restraint by court order etc. and / or is prohibited from entering any contractual relationship.
The employees of the Organizer and its group companies, affiliates or associate companies shall not be eligible to participate in the Challenge.
2. Nature of Challenge and Gratification
Stream movies/videos on Idea Movies & TV application and answer 2 questions. Subscribers can answer the questions through toll free SMS.
Number of weekly/ highest scorers: 3 Winners per week
Method of selection
3 Active Subscribers who have streamed maximum number of movies/videos minutes during a week of the Challenge over Idea Movies & TV application and have answered the questions correctly first in point of time will be selected as highest scorers of the Challenge for that week.
In case, the number of Active Subscribers who have streamed maximum number of movies/videos minutes on Idea Movies & TV application is less than 3, then such Active Subscribers who have streamed second largest number of movies/videos minutes on Idea Movies & TV application and have answered the questions correctly first in point of time will be selected as highest scorers of the Challenge for that week.
Gratification: 3 smartphones per week.
3. Challenge Period And Telecom circles
The 2 Challenges are open for a limited period of 1 week each starting from [1st July], 00:00:01 hours to [7th July]23:59:59 hours and 8th July 00:00:01 to 14th July 23:59:59, both days inclusive in all the following telecom circles of Idea (“Circle(s)”) (i.e. PAN India)
4. Applicable Charges
Toll free SMS to send reply to questions.
Data charges for streaming as per the standard rate on subscriber’s applicable data plan.
The aforesaid charges paid by the subscribers are towards the service and no additional charge is collected from the subscribers for participating in the Challenge.
5. The gratifications offered in this Challenge are sponsored and distributed by Idea].
6. The highest scorers of the Challenge results will be announced within  days. The highest scorers will be contacted/communicated through [direct call. In case of weekly gratification, the communication about the highest scorers will be done within 15 days of the relevant week. Failure on the part of highest scorers to acknowledge the call as stated herein or to redeem the gratification at the time of delivery will entitle the Organizer to forfeit the gratification at its sole discretion or disqualify the highest scorer and replace him/her with another eligible participant. The names of highest scorer will be announced as registered in the system of Idea.
7. Any gratification of value in excess of INR 10,000/- in a year will attract deduction of tax at source and all taxes on the gratification/s shall be paid by the highest scorer at the prevailing rate. All gratification will be given after deducting various taxes, license fees and charges as applicable. All incidental costs (i.e. costs for collecting gratification including but not limited to travel from highest scorer’s place of residence to venue, lodging, boarding, food, local transport etc in case of meet & greet event as gratification or insurances, transfer fees, registration fees, all the expenses over ex-showroom price etc in case of vehicle/car offered as gratification) /taxes/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), road tax, Insurance as may be applicable and any other taxes levied by the Central, State or Municipal government.
8. The Organizer may use sub-contractors or third party vendors to execute certain tasks associated with this Challenge, without your consent.
9. The Organizer shall not be responsible for any delay on part of a third party including the courier agency in delivering the gratification.
10. DND subscribers will not be sent any engagement SMS as DND subscribers themselves have to discover about the Challenge. 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 any updates regarding the present Challenge.
11. By participating in the Challenge, subscribers consent to the following information relating to them to be exchanged between Idea and their concerned vendors and/or published or otherwise communicated to in any media as Organizer may deem fit, for the purpose of announcement of highest scorers: name, mobile number, score and/or photograph. Organizer 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 [Idea] with its affiliates and service providers and to the information being processed and stored in the servers of [Idea] or its service providers within India only.
12. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Website and all material or content related to the Challenge shall at all times be owned by the Organizer and/or its owners. All material and content on the Website is made available for your personal and non-commercial use only. Any other use of the material/ content available on the Website and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
13. The Organizer is neither responsible nor guarantees the quality of the goods or services being offered as gratification nor it is liable for any defect or deficiency in goods or services offered as gratification under this Challenge. The subscribers shall not have the right to claim any damages, loss or costs from the Organizer for delay in delivery of the gratification(s) on any grounds whatsoever. The pictures of gratification depicted on the Website/promotional material/Facebook page etc. are only indicative and the actual gratification may vary from the depictions.
14. 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 respective owners.
15. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by the Organizer including, but not limited to, meeting of the subscriber's requirements or aspirations with respect to Challenge, timeliness, security, delivery, quality, merchantability or fitness of telecom/internet services, non-disruption or error free operation of telecom/ internet services , delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods/services/merchandise/benefits/ awards offered through the Challenge; and (b) 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 Organizer.
16. The gratification(s) shall be given subject to compliance by the highest scorer of all the applicable statutory legislations, processes and formalities and production of all relevant documents/papers as may be required by the Organizer before accepting the delivery of the gratification. Any failure on the part of the highest scorer to comply with directions issued by the Organizer for claiming gratification shall entitle the Organizer to forfeit the gratification(s) or roll the gratification over to the next highest scorer, at their sole discretion.
The documents required to be submitted by the highest scorer include the following:
· Identity Proof;
· Photocopy of PAN Card;
· Address Proof;
· 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. 10,000/-], an affidavit in the format provided by the Organizer 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;
· 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. 10,000/-], a self-attested copy of the latest bill of telecom/mobile connection of Idea MSISDN
· Letter of compliance with rules and regulations and declarations in the format as may be required by the Organizer or applicable laws.
17. The gratification(s) under this Challenge are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. No other person or agent can claim the gratification on behalf of the highest scorer, unless otherwise expressly mentioned herein.
Apart from the entitlement to the above gratification(s), the highest scorer or his/her legal heirs/successors/representative will have no other rights or claims against the Organizer.
18. The Organizer at its sole discretion reserves the right to substitute gratification(s) of equal or greater value at any time. However under no circumstance shall the highest scorer of the Challenge be entitled to redeem any category of gratification for cash.
19. To claim gratification/s under the Challenge, the MSISDNs/subscribers chosen as the highest scorers shall be required to be Active Subscribers of Idea along with subscription to Idea Movies & TV application at the time of announcement of Challenge results. The highest scorers shall not be entitled to the gratification in case he/ she fails to clear all outstanding dues payable to Idea.
20. Any subscriber providing any incorrect information or concealing/withholding any information from the Organizer 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. 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 Organizer to disqualify him/her without any further intimation.
21. 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 Organizer.
22. You shall indemnify and keep indemnified the Organizer and its 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 Organizer may incur, pay or become responsible/liable for as a result of your breach or alleged breach of the representations or obligations under the Terms and Conditions hereunder, your failure to comply with applicable law and any third party claim in respect of misuse of any information of a third party.
23. The Organizer and/or its affiliates, directors, officers, employees, agents shall not be held responsible and liable for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, that may be incurred or for any personal loss or injury that may be suffered (including loss of life), by a participant and/or highest scorer and/or any third party, directly or indirectly, by reason of Challenge or the Challenge gratification(s).
The Organizer shall not be responsible for any claims arising out of any failure(s) which is beyond their reasonable control. Without limiting the generality of the foregoing, the Organizer 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.
24. You hereby agree and undertake not to hold the Organizer and/or any of its group entities or affiliates, their respective officers, employees, agents 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.
25. The gratification shall be handed over by [Idea] on receipt of all the documents from the highest scorer required to process the distribution of the gratification.
26. This Challenge including the gratification thereof cannot be used in conjunction with any alternative offer or promotion of a similar nature.
27. 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 Organizer (“Force Majeure Event”). The Organizer shall not be liable for any delay or adverse effect caused to Challenge as a result of a Force Majeure Event. The Organizer shall intimate the suspension of the Challenge caused as a result of such Force Majeure Event to the subscribers within reasonable time.
28. The Terms and Conditions stated herein shall not override the terms and conditions of the subscriber Enrolment Form.
29. 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.
30. The decision of the Organizer in respect of all transactions under this Challenge including without limitation the selection of the highest scorers shall be final and binding.
31. Questions and their answers, designed/sourced by the Organizerare 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 Organizer nor any third party involved shall have any liability towards any subscriber.
32. The Organizer reserves 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 subscribers. 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.
33. The Organizer reserves the right, at any time, to unconditionally disqualify any Idea 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 such subscriber. Failure by the Organizer to enforce any of their rights at any stage does not constitute a waiver of those rights.
34. 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 Organizer reserves the right to seek damages from any such subscriber to the fullest extent permitted by law.
35. The Challenge and these Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the courts in Mumbai, India.
36.. All disputes must be addressed by the subscribers in writing to[Support@ideamovieclub.com.] and to [firstname.lastname@example.org], and Idea shall neither be responsible nor shall entertain any communication in this regard.
37. The Organizer does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the subscribers.
38. The officers of the Organizer, including its 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.
39. The provisions of this Challenge and any other promotional endeavor may not be used for any commercial purpose by any subscriber.
1 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.
Subscriber shall mean the rightful user of the Idea connection, 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 orfirm, the employee who is authorized to use the MSISDNshall 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.