Terms & Conditions of the Challenge for the participants
Please read these Terms and Conditions (T&C) carefully before registering to participate in this “Idea Voice Chat Challenge” (the “Challenge”). By proceeding with your registration and participation in this Challenge you hereby acknowledge and accept the Challenge and thereby agree to be legally bound by its T&C mentioned hereunder. If you do not agree to abide by these T&C, please do not participate in this Challenge.
This Challenge is conceptualized, organized and conducted by Spice Digital Limited, a company incorporated under the Companies Act 1956 and having its registered office at 60 D, Street No. C 5, Sainik Farms, New Delhi - 110062 and its corporate office at S Global Knowledge Park, Plot No. 19A & 19B, Sector-125, NOIDA – 201301, Uttar Pradesh, (hereinafter referred to “SDL”); in association with Idea Cellular Limited, a company having its registered office at Suman Tower, Plot No. 18, Sector – 11, Gandhinagar – 382 011 and its circle office at Fortuna Towers, 10, Rana Pratap Marg, Lucknow – 226001,Uttar Pradesh (hereinafter referred to as “Idea”).
SDL and Idea shall hereinafter be jointly referred to as “Organizers”.
TERMS AND CONDITIONS (T&C)
This Challenge is purely on a “best effort” basis and participation of eligible Subscribers in this Challenge is voluntary. Spice Digital Ltd in association with Idea, reserves the right to participation in this Challenge.
1. Duration/ Period of the Challenge
This Challenge is open for a limited period from 26thApril’17 00:00:00 hours till 24th July’17 23:59:59 hours (“Challenge Period”).
2. Eligibility Criteria:
2.1 The Challenge is open for active1 pre-paid as well as post-paid category of cellular subscribers of Idea, who calls to Idea Voice Chat (“Service”) in telecom circle of U.P.(East) only (the “Subscribers”). For the sake of clarity, a “Subscriber /Participant” for the purpose of this Challenge shall mean and include an individual/person, who is the rightful owner/user of the pre-paid or post-paid mobile connection of Idea, registered in UP (E) telecom circle and in whose name the mobile connection is active and registered as per the records maintained by IDEA Cellular Ltd (and which shall be conclusive). In case a Participant 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 Challenge provided that the employing company issues a letter to this effect certifying that the particular employee/user has been allotted the specific mobile connection, and intended to be used by the employee for participating in the 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.
2.2 In order to be eligible for this challenge a Participant must fulfill the following criteria-
· He/She should be above 18 years of age.
· He/She must be citizen of India.
· He/she must not have been either convicted and / or prosecuted for commission of any criminal offence
· He/she should not be of an unsound mind.
· He/she must belong to the telecom circle mentioned above; and He/She must not have any criminal record nor should be of an unsound mind.
· He/she must not be under any legal disability e.g. insolvency, restraint by court orders etc. and / or is prohibited from entering any contractual relationship.
2.3. The employees of “Spice Digital Ltd” and their group companies affiliate or associate companies; are not eligible to participate in this Challenge.
2.4. This Challenge is not available for Idea Employees and their relatives; also the subscriber of UPE roaming outside is not eligible to participate.
2.5. The participant with outstanding amount as dues pending and payable to Idea shall not be eligible to participate in this Challenge.
2.6 Also, by participating in this Challenge, You:
A. Warrant that you have read understood and agreed to confirm to these Terms and Conditions.
B. Warrant the accuracy, truthfulness and currency of all information that you have submitted.
C. 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.
D. 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.
E. Warrant that you shall be solely liable and responsible for the material or content, if any shared/ used by you while participating in this Challenge.
F. Warrant that you shall not, while participating in this Challenge, indulge in any activity which is fraudulent, threatening, abusive, defamatory, vulgar, obscene, libelous, slanderous, profane, racially objectionable or hurt any religious or communal feeling, including, without limitation, any material that encourages conduct that would constitute a criminal offence or result in civil liability and shall not contain any material that enrages the public sentiments or violates any legislation or policy for the time being in force.
3. Participation, Charges & Selection of Top Performer/s
3.1. Participation and Charges:
This Challenge is purely on a “best effort” basis and participation of eligible Subscribers in this Challenge is voluntary. To participate in this Challenge, a Subscriber/Participant shall have to fulfill the following criteria-
(i) Dial short code 55694XXXX (Browsing charge Rs. 3/minute) and 55696XXXX (Browsing charge Rs. 4/minute) for participating in the Challenge. During the Challenge Period, a Subscriber may dial short code 55694XXXX (Browsing charge Rs. 3/minute) and 55696XXXX (Browsing charge Rs. 4/minute) any number of times each day to participate in the Challenge (hereinafter referred to as “efforts/attempts”).
(ii) Further, the Subscriber participating in this Challenge and generating the highest Minutes of Usages (MOUs) during the Challenge Period by using the Service under the Challenge in accordance with the Highest MOU’s selection process under the Terms and Conditions of the Challenge, shall be required to be eligible to the gratification only if he is the registered Subscriber of the mobile phone number (“Eligible Subscriber”) chosen as the Highest MOU’s and not merely the person using such mobile number (“Highest MOU’s”). If the Highest MOU’s subscriber is not able to provide sufficient evidence to show that he/she is the registered Subscriber of the mobile number, the Organizers reserve the right to award the gratification to the next eligible Highest MOU’s or to forfeit the gratification, at its sole discretion.
Subscription Price Point (In Rs.)
Validity (In Days)
Available Fall Back (In Rs.)
Idea Voice Chat 55694XXXXXX
25,20,15,10,5,4,3,2 & Re.1
Idea Voice Chat 55696XXXXXX
3.2. Selection of Top Performer and Daily Top Performer(s)/Highest MOU’s
(i) There will be 90 daily Top Performers.
(ii) The Participant(s) having the highest MOU (Minutes of usage) score will be declared as Top Performer for that day.
(iii) The declaration of Top Performers/ MOU’s shall be made by SDL/ Idea in descending order starting from the highest MOU (Minutes of usage).
(iv) All Daily Top Performers will be declared at end of the Challenge Period. Each declared Top Performers will be given only one Gratification.
(v) In case of tie of MOU’s participant with the higher Age on Service will be considered as Top Performer.
In all, 90 Daily Top Performers shall be declared by Spice Digital Ltd, based on the highest MOU (Minutes of usage) after the end of Challenge Period.
The allocation of Gratifications to the Top Performers/ Top MOU’s is as under-
i. 90 Daily (1 Top performer every day) Top Performers will get Rs. 50/- Recharge2 daily or in case of postpaid subscriber, Rs.50/- will be paid in the mobile bill of the said daily Top Performers.
It is understood and agreed by the participants that mere participation to this Challenge during the Challenge Period i.e. from (26th April’17 00:00:00 till 24th July’17 23:59:59), does not entitle the participant/ subscriber/s to claim the Gratification. He /she should be declared Top Performers by Spice Digital Ltd in conformity with the terms of clause 3.2, to claim the Gratification(s) mentioned in clause 4 of this T&C. The gratification offered in this Challenge is subject to availability.
5. Challenge can be attempted as many times as the Participant wants to.
6. The gratification will be disbursed to the Participants who have fulfilled the eligibility criteria as stated above. Further, by participating in the Challenge, the Participants hereby further understand and agree that Spice Digital Ltd shall at its sole discretion be responsible for inter-alia the declaration of the Top Performers and delivery of the Gratification. The decision of Spice Digital Ltd in this regard shall be final and binding upon the Subscriber.
7. Without prejudice to the foregoing, under no circumstance shall the Top Performers /Highest MOU’s of the Challenge be entitled to redeem any category of gratification for cash, unless expressly mentioned herein. SDL, at its sole discretion, may or may not provide a cash alternative to the gratification being offered in this Challenge.
8. The Top Performers shall be intimated through by calling which shall be done by Spice Digital Ltd. As such, it is advisable that the Subscribers should keep their mobile phones in switched on mode. In case the Top Performers is unreachable for 48 hours continuously after the declaration, the next eligible performer shall be considered for the gratification. It is specifically mentioned that no information by post/courier/fax/telegram or any other mode shall be given by the SDL.
9. All Participants who have been declared as Top Performers and who have become eligible for the gratification as per clause 3 and 4 of the T&C shall have to make their own arrangements for travel, accommodation to claim the Gratifications from Idea Circle Office at Lucknow. (the “venue”). Spice Digital Ltd/Idea shall not be responsible for the travel arrangements and/or any cost incurred by any of these Top Performers for the collection of their respective Gratification(s).
10. By entering the challenge, the Subscribers confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and also agree to receive promotional messages from SDL/ Idea, as they may deem fit and proper, at their sole and absolute discretion.
11. The Subscribers including the Top Performers understand and agree that acceptance of the Gratifications by the Top Performers, constitutes grant of permission to IDEA as well as Spice Digital Ltd and its affiliates, to click photographs of the Top Performers and use the Top Performers’ names, photocopy, preferences (likes and dislikes), voice and comments for advertising and promotional purposes in any media worldwide, only for purposes of advertising and trade without any additional compensation whatsoever. The Subscribers including the Top Performers, hereby understands and gives his/ her irrevocable consent for sharing /submission of his/her personal information with Spice Digital Ltd.
13. Spice Digital Ltd/ Idea does not guarantee the quality of the goods/ services being offered as Gratifications nor is liable/ responsible for any defect or deficiency of goods or services so obtained/availed, by the Participant(s) under this Challenge.
14. The Participants including the Top Performers understand and agree that the Gratification(s) under the Challenge is neither assignable nor transferable under any circumstances. All the Gratifications shall be subject to such other terms and conditions as may be applicable to specific Gratifications and shall have to be duly complied with by the Top Performer(s).
15. All Gratifications must be claimed by the Top Performers, along with the documents specified herein below at the venue. *The documents required to be submitted along with the claim by the Top Performers shall include the following-
a. Identity Proof
b. Address Proof
c. PAN Card
d. Letter of compliance with rules and regulations and declarations in the format as may be required by the Organizers or applicable laws.
*(the document list is only inclusive and not exhaustive and can change as per the requirements of Law).
The Gratification(s) to the Top Performers shall be given subject to compliance with all applicable statutory legislations/ processes /formalities in connection with the Gratification(s) and on production of all such documents/papers mentioned herein above and as required by Idea/ Spice Digital Ltd before accepting the delivery of the Gratification. Any failure on the part of the Top Performer to comply with directions issued by Idea/ Spice Digital Ltd for claim of Gratification shall entitle Idea/ Spice Digital Ltd to forfeit the Gratification.
16. The Organizer makes no representation of having a business relationship or tie up with any such companies, individuals or any other organization whose product is offered as gratification in the Challenge. All trade names shall continue to remain owned by their respective owners.
17. The Participants understand and agree that in case the Gratification is not available, any gratification of equivalent value will be given by Spice Digital Limited. All incidental costs/taxes/levies related to the Gratification(s) shall be exclusively borne by the subscriber including but not limited to TDS, Gift tax (if any), Road Tax, Insurance and any other taxes applicable by the government Central, State or Municipal, as applicable.
18. Apart from the entitlement to the above gratification, the Top Performers / Highest MOU’s or their legal heirs, successors and representative will have no other rights or claims against the Organizers, unless expressly mentioned herein.
19. Subscribers may contact SDL at anuj.srivastava 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.
20. The Subscriber hereby agrees and undertakes not to hold Idea/Spice Digital Ltd or any of their group entities or affiliates, their respective directors, officers, employees, agents, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that the Subscriber may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of the present Challenge.
21. The Participants including the Top Performers understand and agree that Idea/Spice Digital Ltd shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a Subscriber and/or any third party, directly or indirectly, by use or non-use of the Gratification.
22. The gratification shall be handed over by SDL on receipt of all the documents from the Top Performers / Highest MOU’s 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.
23. 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.
24. The Gratification(s) must be claimed within 30 days of receiving the intimation from Spice Digital Ltd failing which Idea/Spice Digital Ltd reserves the right to forfeit the same. This Challenge cannot be used in conjunction with any alternative offer, challenge or promotion.
25. 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 Organizers (“Force Majeure Event”). The Organizers shall not be liable for any delay or adverse effect caused to this Challenge thereunder as a result of a Force Majeure Event. The Organizers shall intimate the suspension of the Challenge caused as a result of such Force Majeure Event to the Subscribers within reasonable time.
26. The terms and conditions stated herein, shall not override the terms and conditions of the Subscriber Enrolment Form of the Idea Cellular connections of any or all categories.
27. The Challenge is valid subject to compliance with all formalities as required by Idea/ Spice Digital Ltd. Any failure on the part of the Subscriber to comply with the specified formalities shall disqualify the Subscriber.
28. 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.
29. The decision of Idea, Spice Digital Ltd in respect of all transactions under this Challenge shall be final and binding. The Organizers 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.
30. The Organizers 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 Organizers 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 Organizers for delay in delivery of the gratification(s) on any grounds whatsoever.
31. The Participant hereby understands and gives his/ her irrevocable consent for personal information relating to the participant to be exchanged with Idea, Spice Digital Ltd and its vendors or published and/or communicated to/in any media that it may deem fit, and Idea, Spice Digital Ltd or its vendors may, at their sole discretion choose to publish or disclose the name(s), phone number(s), score(s) and/or photographs of all Participants, if required, and specifically, of successful Participants.
32. The Participant acknowledge and agree that all copyright and trade marks 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 Spice Digital Ltd / Idea / 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 are strictly prohibited.
33. The Organizers shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of the Organizers. Without limiting the generality of the foregoing, the Organizers 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.
34. The gratification under this Challenge is neither assignable nor transferable under any circumstance, unless specifically provided hereunder.
35. Any Subscriber providing any incorrect information or concealing/withholding any information from the Organizers with an intent to participate and/or be chosen as the Top Performers / Highest MOU’s of the Challenge will automatically be disqualified from participating in it and being chosen as the Top Performers / Highest MOU’s 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 Organizers to disqualify him/her without any further intimation.
36. 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 herein below for the purposes of receiving the gratification.
37. The Subscribers shall indemnify and keep indemnified the Organizers 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 Organizers 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 Organizers shall have the right to defend themselves, pursuant to this clause, at the cost of the Subscribers. The Organizers 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 Top Performer / Highest MOU’s or any third party, in connection with the Challenge.
38. The Organizers 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.
39. The Organizers may use sub-contractors or 3rd party vendors to execute certain tasks associated with this Challenge without any consent from the Subscribers.
40. The Top Performer / Highest MOU’s 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.
41. The Organizers 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 Organizers to enforce any of their rights at any stage does not constitute a waiver of those rights.
42. 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 Organizers reserve the right to seek damages from any such Subscriber to the fullest extent permitted by law.
43. The officials of the Organizers, 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.
44. The provisions of this service, the Challenge and any other promotional endeavour may not be used for any commercial purpose by any Subscriber
45. The Terms & Conditions are subject to laws of India and to the exclusive jurisdiction of the Courts at Noida (U.P.).
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 Recharge is the amount that will be given to the Daily Top Performer as talk-time, based on the available denominations or offers in the Circle. In case in the Circle, the talk-time recharge value or denomination offered in the Challenge is not available, the Top Performers 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 Top Performer.