TERMS AND CONDITIONS of “Idea Music Station – Gold Bonanza Contest”
Idea Cellular Limited (Idea) offers “Idea Music Station – Gold Bonanza Contest”(hereafter referred to as CONTEST) subject to the following Terms and Conditions (hereafter referred to as T&C) mentioned below.
PLEASE READ THESE TERMS & CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CONTEST BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS CONTEST”, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE the T&C given below IF YOU DO NOT AGREE TO these T&C, PLEASE DO NOT PARTICIPATE IN THIS CONTEST.
Terms and Conditions (T&C):
The Idea Music Station – Gold Bonanza (hereinafter referred to as “Contest”) is conceptualized, sponcered,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 circle office at No.75, Richmond Road, Civil Station, Bangalore 560025. (hereinafter referred to as “Idea”) ( jointly referred to as organiseres) The role of Idea will be restricted to that of a Telecom Service Provider as per the license and guidelines of Department of Telecommunications and SDL shall be solely responsible for the conducting of contest.
SDL and Idea shall hereinafter individually as a ‘party’ and be collectively referred to as “parties”.
A.General ELIGIBILITY CRITERIA
1. The Contest is open only for a limited period starting from 16th November, 2017, 00:00:01 hours till 16th January ,2018, 23:59:59 hours, both days inclusive and for the active subscribers (“Subscriber(s)” ) of the Idea Karnataka telecom circle only.
2. For the avoidance of any doubt, please note that the gratifications offered under this Contest are solely sponsored and distributed by SDL to the Highest Scorers (defined later) of this Contest and Idea is only providing information and data in relation to the active Subscribers participating in this Contest and the Short Message Service Center (“SMSC”), to facilitate the Contest to be played by the Active Subscribers.
3. The Offer is not applicable to Roaming Subscriber/s* who are visiting Karnataka Telecom Circle from other Telecom Circles) however; Subscribers of Karnataka Telecom Circle who are on roaming at other circles can participate in the offer.
4. This Contest is valid for all active prepaid and postpaid Subscribers of Idea Cellular Ltd., Karnataka Circle only and who is above 18 years of age and a resident of India
5. This Contest is not available to the employees or direct family members of employees of SDL or Idea and their group companies or Affiliate or associate companies and participant by participating in the contest represents that he is not falling under the aforesaid restricted category of subscribers
6. In case a participating Subscriber 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.
7. To be eligible the customer must be continue to be the subscriber all along the the contest period till the declaration of result and payment of gratificatoin. If the Subscriber has ported out of the network of Idea before the payment of the gratification he/she will not be eligible to participate and entitled to get any gratification under the Contest
8. SDL/ IDEA shall reserve the right to offer an invitation for participation.
9. This Contest will be available in Interactive Voice Response mode (“IVR””) in either Kannada or English language only.
10. Idea reserves the right to makeany appropriate changes due to including but not limited to any legal or regulatory requirement or due to any natural calamity or for any other reason whatsoever. This Contest is purely on a “best effort” basis and participation of eligible Subscribers in this Contest is voluntary. SDL in association with Idea, reserves the right to restrict the participation in this Contest.
11. Wherever the context so requires “You” or “Your” shall mean any natural person who is a Subscriber. Also, by participating in this Contest, You warrant that-
· all information that you have submitted are accurate, true and correct
· you are entering into this Contest as an independent party and nothing herein establishes an employer-employee, master- agent relationship between you and Idea / SDL
· you are participating voluntarily, using your own time and resources, solely at your own risk.
· prior to participating in the Contest, you have read and agreed to the T &C.
· you have made an informed choice of participating in the contest after after understanding the implications of the T& C of the contest.
These T&C are available on the website www.Ideacellular.com (“Website”). The T &C can be amended or varied from time to time and therefore, please visit the Website periodically to keep yourself updated and informed before participation
B. PARTICIPATION & CHARGING:
1. This Contest is open for the Subscribers, who had subscribed the Value Added Services (VAS) product of Idea Music Station (IMS)Pack Service . The contest is being offered free of cost to all the subscribers who subscribes for IMS pack service. The customer has the option to choose IMS pack service without participating in the contest. To participate in this contest, a Subscriber/ Participant shall have to do the following: - Subscriber/Participant needs to activate Idea Music Station service by dialing the IVR Short code 5432135 or by other mode Short Message Service (SMS), Out Bound Dialer (OBD), Speaker Independent Voice Recognition (SIVR) and Unstructured Supplementary Service Data (USSD from his/ her handset). He will be charged with Event based charging of Rs.10 for 7days. There is no separate charges applicable for participating in the contest and for answering the questions. In case of prepaid customers based on their balance amount validity period shall be decided. For the prepaid balance of Rs.9/8/7/6/5/4/3/2/1 subscribers get the validity of period of 7/7/6/6/5/4/3/2/1 days respectively. With the registration, subscriber will be eligible to listen to the music and play the contest free of cost during the validity period. Existing subscriber of Idea Music station service who have paid (Rs.40 for 30days) also eligible to play the contest without any extra charge during the contest period upto their validity period.
2. Subscribers shall be allowed to participate in the Contest only after the Subscriber subscribes the Idea Music station service and Subscriber shall get a successful billing call back from Idea .
3. Once the Subscriber has/ had subscribed the aforesaid VAS product, the amount charged shall not be refunded to Subscribers under any circumstances.
4. If a Subscriber un-subscribes the Idea Music Station service during the Contest Period then his total score till the time of un-subscription will be considered as an attempt. Though the subscriber is free to register again during the contest period and start playing the contest his score in each such attempt will be considered as scores of separate attempt and they shall not be clubbed for the purpose of choosing the highest scorer. Please note for the final gratification only highest score of one single attempt shall be considered for deciding the eligibility and score of all the remaining attempts shall be rejected.
5. In case the participant(s) participates with multiple MSISDN in the Contest, to consider the eligibility for gratification scores of each such MSISDN shall be considered as separately and scores of such MSISDN shall not be clubbed and cumulative score shall not be considered for selecting the winner
C.CONTEST ON VOICE AND SELECTION OF HIGHEST SCORER
1. The Contest is available only on 5432135 voice platform. The participant has to call5432135 to listen to the questions.
2. Subscribers will be informed about the participation for the Contest, gratification and Terms and Conditions URL, when they call the number 543213 and 5432135 Toll-free from his/ her handset to participate in the Contest
3. The Contest consists of maximum 5 questions per day and an answer with two options for each question. He has to choose one of the option to proceed with the next question. Only the correct answers will be considered to decide the highest scorer eligible for gratification.
4. The questions under the Contest shall be based on information available to the public at large and relating to General Knowledge. Participants specifically agree that the decision of SDL on correctness of the answer and the method of selection of eligible candidates shall be final and binding upon them and they agree not to dispute the same. No correspondence shall be entertained in this regard by both SDL and Idea in this regard
5. Everyday Subscriber will be given 5 question. The participant Subscribers may press 1 for option 1 or press 2 for option 2 on their phone keypad to answer each question of the Contest. All questions are in multiple choice format and the answer to each must be selected from one of the 2 options only. once the question is answered, the same shall not be edited again.
6. For every right answer, the Subscriber will get 10 points. There is no negative marking for a wrong answer.
7. After every answer, the Subscriber will be played an appropriate response and given the next question and answer options.
8. The un-played questions will not be carried forward to the next day. On any day at any level, If Subscriber does not choose an answer to a question or the call gets disconnected before choosing an answer for any reason, he shall be eligible to continue from the whatever level he has stopped provided he plays the contest on the same day only . However the question he will be getting at that level will be different from that of previous unsuccessful attemept.,
9. The requisite numbers of highest scorers be declared as winners eligible to claim gratifications. “Highest Scorer(s)” shall mean a Subscriber who has secured or scored 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 Contest
10. In case of a tie (i.e. when more than 2 Subscribers have the same highest score), all such tied Subscribers will be eligible to participate in a tie-breaker round on voice channel. Based on the performance in the tie-breaker round, the MSISDN which has scored maximum points in least time would be selected as the highest scoring MSISDN and will become eligible for gratification.
11. The organizers shall not be responsible for delay in time taken or recorded for answering a question due to any reason including technical issues.
1. Bumper Gratification: 1 number Gold Voucher worth Rs.50000/-
The selection for the Bumper Gratification will be conducted at the end of the Contest period based on s the highest score) achieved in least time, (by one MSISDN during the entire period of the Contest and the highest scorer will become eligible for this gratification of Gold Voucher..
2. Monthly Gratification: 3 Gratification per month –Each one with 1 gram Gold Coin
The selection for the Monthly Gratification will be conducted after the end of every English calendar month during period of the Contest based on the top three highest scores of that particular month and such mobile numbers will become eligible for the gratification of 1 gram Gold coin each. A MSISDN number shall be eligible for only one of monthly gratification though it is highest scorer in morethan one month.
A MSISDN shall be eligible for only one of either Bumper or monthly gratification and as such a MSISDN eligible for Bumper gratification shall not be considered for monthly gratification despite being highest scorer in a particular month and next highest scorer shall be choosen for the monthly gratification.
3. Daily Gratification: 90 number gratifications each worth Rs.50/- recharge talk time
The selection for the Daily Gratification will be conducted after the end of every day within the period of the Contest based on the top 90 highest scores during that particular day and each such mobile numbers will become eligible for the gratification of Rs.50/- worth recharge talk time. An MSISDN may win this gratification more than once during the Contest.
. E. GENERAL TERMS
1. The Subscriber hereby undertakes that he/she shall not raise any issue/dispute regarding the selection process of Highest Scorer(s) in any condition whatsoever & shall not hold SDL, the Independent Auditor liable for any alleged lapse in selecting the Highest Scorer
2. The gratifications offered in this Contest will be sponsored and distributed by SDL or by a designated third party on a convenient date as per its choice. SDL will fix the place of collection of Gratification
3. All gratifications will be given after deduction of applicable taxes, license fees and charges.
4. After the selection and validation of the Highest Scorers of the gratifications under the Contest, the Highest Scorers will be contacted by the tele-callers of SDL, on the number registered with Idea. 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 their selection, The winners will be given further details as to how, when and where they can collect their respective gratification on call / sms. The Highest Scorers agree that, there shall be no liability on the Idea &SDL in the event such message does not reach such Highest Scorer on any account for any reason whatsoever
5. The gratification offered under the Contest 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 Contest. 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 delivered by SDL. Delivery of gratification will be subject to the Highest Scorers giving the correct address and his/her availability there. In the event, the gratification cannot be delivered within the specified timeline, due to reasons beyond the control of SDL, the Highest Scorers shall collect them from the nearest place specified by SDL Idea and SDL 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 winner of the gratification under this Contest
6. Incase, the winners fail to respond to the communication to collect the gratification within the time given, gratification shall be forfeited or the gratification shall be transferred to the next highest scorer, at its sole discretion.
7. The gratifications offered in this Contest 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 Contest, (after deducting applicable taxes) which may be redeemed by the Highest Scorer at stores accepting such Bank Gift Card. Providing alternative gratification shall be at the sole option of Idea and winner has no right to opt for alternative gratification.
8. By entering the Contest, 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 Contest from the Idea & SDL, 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 Contest/s for 20 days from the date of commencement of such upcoming Contests.
9. Subscribers may contact SDL at email@example.com regarding any queries/complaints pertaining to the Contest 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.
10. By participating in the Contest, Subscribers/ participant(s) 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 Idea & SDL may deem fit, for the purpose of Highest Scorer’s announcement: name, mobile phone number, score and/or photograph. Idea & SDL 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.
11. 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 Contest shall remain, at all times, owned by the Idea /SDL .
12. Idea & SDL are neither responsible nor guarantee the quality of the goods or services being offered as gratification nor they are liable for any defect or deficiency of goods or services so obtained/availed, by the Subscribers under this Contest.,
13. The gratification(s) under this Contest are neither assignable nor transferable under any circumstances, 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.
14. Any Subscriber found to have provided any incorrect information or concealing/withholding any information from the Idea & SDL with an intent to participate and/or be chosen as the Highest Scorer of the Contest 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 Idea & SDL to disqualify him/her without any further intimation.
15. To claim any gratification Highest Scorers shall provide the following documents:
• Government approved Identity Proof to show that heighest scorer is the registered subscriber of the mobile number which was selected for gratification
• Photocopy of PAN Card;
• Address Proof;
• an affidavit in the format provided by the Idea & SDL, declaring that the Highest Scorer is the rightful user of the Idea MSISDN .
16. The Subscribers shall indemnify and keep indemnified the Idea & SDL 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 Idea & SDL 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 Idea & SDL shall have the right to defend themselves, pursuant to this Clause, at the cost of the Subscribers.
17. Being the organizer, “SDL” shall indemnify Idea in case of any claims, demands and disputes arise out of contest from its Subscribers, government authorities and or any third party etc. As such, Idea shall not be responsible for any claims and disputes with regard to this contest.
18. 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. Idea & SDL 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. The subscriber / participant should collect the gratification in person. The customer should bring the mobile phone & SIM through which he participated in the contest for collection of his/her gratification.
19. Any gratification value of which is in more than INR 10,000/- 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 Idea & SDL.
20. Apart from the entitlement to the above gratifications, the Highest Scorer will have no other rights or claims against the Idea & SDL, unless expressly mentioned herein.
21. The list of Highest Scorers for the gratifications will be announced within 30 working days after the end of the Contest period stated above.
22. The Subscribers hereby irrevocably authorize Idea and its subsidiaries to use the data gathered during and/or after the Contest 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.
23. The gratification shall be handed over by SDL on receipt of all the requisite documents from the Highest Scorer. This Contest including the gratification cannot be used in conjunction with any alternative offer or promotion of a similar nature.
24. This Contest 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 Idea & SDL . The Idea & SDL shall not be liable for any loss t caused to the contestant as a result of a Force Majeure Event. Idea & SDL shall update about such eventuality to the Subscribers within reasonable time. The Idea & SDL 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.
25. Questions and their answers, designed/sourced by the Idea & SDL, 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 Idea & SDL nor any third party involved shall have any liability towards any Subscriber.
26. The Idea & SDL shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of the Idea & SDL. Without limiting the generality of the foregoing, the Idea & SDL shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Contest including but not limited to any technical failures in the mobile connectivity, delay in time recorded or delay in time 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.
27. Idea, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal injury that may be suffered (including loss of life), by a Subscriber and/or any third party, directly or indirectly, by participating in the contest or due to use or non-use of the gratification offered in this Contest.
28. Idea & SDL reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Contest or any part thereof including the eligibility criteria, the Terms and Conditions and gratification(s) 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 Contest.
29. Idea & SDL may use sub-contractors or 3rd party vendors to execute certain tasks associated with this Contest, without consent from the Subscribers.
30. 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.
31. Idea & SDL 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 Contest, without giving any prior intimation to the Subscriber and subscriber shall not dispute the same. Failure by the Idea & SDL to enforce any of their rights at any stage does not constitute a waiver of those rights.
32. These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in Bangalore.