Terms and Conditions of the Challenge for Participants
AAJ 12177 par Call Kiya Kya
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THIS CHALLENGE KNOWN AS “Aaj 12177 par Call Kiya Kya”. BY PROCEEDING WITH PARTICIPATING IN THIS CHALLENGE YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PARTICIPATE IN THIS CHALLENGE.
1. TERMS AND CONDITIONS:
This challenge is run by Idea Cellular Limited, a company incorporated under the provision of Companies Act, 1956 and having its registered office at Suman Tower, Plot No. 18, Sector – 11, Gandhinagar – 382011 and Corporate Office at 5th Floor, Windsor, Off CST Road, Kalina, Santacruz (E), Mumbai-400098 and its UPE Circle Office at Fortuna Tower, 10, Rana Pratap Marg, Lucknow (hereinafter referred to as ‘Idea/Organizer’) and the challenge is open for a limited period from 01st July 2016 00:00:01 hrs. till 14th August 2016 23:59:59 hrs. for the pre-paid category of the Idea Cellular subscribers of UPE.
For the purpose of this challenge, the following terms shall have the meanings defined below when used in capital letters herein:
”Subscriber” shall means the prepaid customer and rightful user of the Idea mobile connection, (i) in whose name the mobile phone number is registered, or (ii) the employee, who is the user of the phone, if the phone is registered in the name of a company, provided that company issues a letter stating that the employee has been allotted the specific phone number.
“Challenge” means the Idea “Aaj 12177 par Call Kiya Kya” challenge detailed in these terms and conditions.
“Offer Period” means the period commencing from 01st July 2016 00:00:01 hrs. till 14th August 2016 23:59:59 hrs.
“Gratification” shall mean and be limited to the benefits detailed in these terms and conditions.
“Circle” shall mean and include UP-East Circle of Idea cellular Limited.
A Subscriber, by participating in the challenge hereby agrees to the Terms and Conditions mentioned below and gives his/her consent to the criteria and process of declaring the Top Performers for Gratifications as set out herein, and any appropriate changes that may be made to this challenge by Idea Cellular Limited 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 Idea Cellular Limited, its affiliates and associates.
Also, by participating in this Challenge, the Subscriber:
Warrants that he/she has read, understood and agreed to conform to these Terms and Conditions.
Warrants that the accuracy, truthfulness and currency of all information that he/she may have submitted.
These Terms and Conditions are available on the Website at the following address: http://www.ideacellular.com/idea/promotions (“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 you updated and informed.
By participating in this Challenge, the Participant/Subscriber indicates his/her acknowledgement and acceptance of these Terms and Conditions.
The Participant / Subscriber hereby agrees that all incidental costs/taxes/levies related to the Gratification(s), if any, shall be exclusively borne by the Subscriber, which shall be including but not limited to TDS, and any other taxes applicable by the Central, State or Municipal government.
2. Eligibility to participate in the Challenge:
This challenge is open and valid for all active and existing pre-paid Subscribers of Idea, UP-East service area.
Subscriber must be 18 years of age or above.
He/she must be a citizen of India.
He/she must not have been either prosecuted or convicted for any criminal offence nor be of an unsound mind and has a firm contractual capacity.
Subscriber must not be under any legal disability e.g. insolvency, restraint by Court Order etc.
Subscriber must be an active prepaid subscriber or customer of Idea during the announcement or declaration of top performer/s.
Subscribers must belong to the Telecom Circle mentioned hereinabove.
The Challenge is not open for employees and their relatives, distributors, franchisees, agents and suppliers of IDEA.
3.Procedure to participate in the challenge:
4. Top Performer Selection:
For Fortnightly gratification:
For Bumper gratification:
Subscriber who have called every day on 12177 or the maximum number of times during the challenge period as per the dates mentioned hereinabove and with maximum Outgoing minutes of usage in Home network during the said period (Wherein ‘Home Network’ is referred to as “UP-East telecom Circle”) will be eligible for the Bumper Gratification.
An external auditor will be appointed by the Idea Cellular Limited to declare the Daily/Fortnightly/Bumper top performers.
In case, there is a tie between the participating subscribers, then the subscriber who made the first call on the first day of the challenge will be the top performer of this challenge.
1.Daily 10,000 gratifications
Order Of Benefit
20 Local Idea Minutes, Validity 2 Days
Then Next 7000
10 Local Idea Minutes, Validty 2 Days
Then Next 1500
25 National SMS, Validity 5 Days
Missed Call Alert, Validity 30 Days
Smartphone worth upto Rs.8000/-; 02 top performers every fortnight (Fortnightly Gratification)
Bike worth upto Rs. 5,00,00/-: 1 Grand top performer (Bumper Gratification)
IDEA will not be responsible for any loss, damage, claimed/demanded by the subscribers due to any of the following reasons:-
Subscriber is unable to dial on this short code i.e (12177) in this challenge;
Subscriber is unable to understand the terms and conditions of the Challenge;
Subscriber is unable to understand the process of participation or is unable to participate in the Challenge;
Subscriber is declared as a top performer but his/her age is less than 18 years or is incompetent to enter into this challenge;
Any other reason, event, error or incidence not within the control of IDEA.
Apart from the entitlement to the above gratification, the top performer/s or their legal heirs will have no other rights or claims against IDEA.
6 .Idea Cellular Limited 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 & Conditions and gratifications at their sole discretion anytime during its validity as may be required in view of business exigencies and/or changes by regulatory authority and/or statutory changes and the same shall be binding on the Subscriber.
7.Further, the top performer will be the original Subscriber of the winning mobile phone number (MSISDN). If the top performer is not able to provide sufficient evidence to show that he/she is the original subscriber of the mobile number, Idea Cellular Limited reserves the right to reject the said top performer and consider the next eligible Subscriber for the Gratification or to forfeit the Gratification, at its sole discretion.
8.At the end of the challenge period and after the declaration of the top performer by Idea cellular Ltd., the subscribers who have been declared as the top performers in Fortnight or the Bumper Gratification shall be entitled to claim the Gratification from Idea’s Circle Office. Idea shall not be responsible for the travel arrangements and/or any cost incurred by any of the top performer for the collection of their respective Gratification. The Gratification/s may be given to the top performers during special event, the venue, date and time of which shall be announced by the Idea, at their sole discretion, subsequent to the completion of the challenge.
Idea does not guarantee the quality of the goods being offered as Gratification nor is liable/responsible for any defect in the goods so obtained/availed, by the top performer under this challenge.
The participants understand and agree that the gratification under the challenge is neither assignable nor transferable under any circumstances. The Gratification 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 successful top performers.
It is understood and agreed by the Subscribers that mere participation to this Challenge during the Challenge Period, does not entitle the Subscriber/s to claim the Gratification. He /she should be a declared as the top performer by Idea Cellular Limited in conformity with the terms herein, to claim the Gratification(s) mentioned above.
By participating in the Challenge, the Subscriber hereby further understands and agrees that Idea Cellular Limited shall at its sole discretion be responsible for inter-alia the declaration of the participants/top performers and delivery of the Gratification at the mentioned venue of the choice of Idea Cellular Limited. Venue will informed via SMS / Call to Top Performers .The decision of Idea Cellular Limited in this regard shall be final and binding upon the Subscriber/top performer.
For the purpose of clarification and avoidance of doubt, Gratification does not include any personal expenses of the shortlisted Subscriber and the shortlisted Subscriber shall be solely responsible for any additional, incidental expenses required to be incurred to avail the Gratification.
The top performer/s, by acceptance of the gratification, hereby understands and gives his/ her irrevocable consent for personal information relating to such top performer/Subscriber to be exchanged with Idea Cellular Limited and /or its Vendor(s) or published and/or communicated to/in any media that it may deem fit, and Idea Cellular Limited may, at its sole discretion choose to publish or disclose the name(s), phone number(s) and score(s) of all such participants/ top performers, if required.
The Gratification/s under the Challenge is/are neither assignable nor transferable under any circumstances. There will be no cash alternative. Idea Cellular Limited reserves the right to alter the Gratifications at any time.
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.
No substitution or exchange of the gratification shall be allowed. However, Idea Cellular Limited 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 & Conditions and Gratifications at their sole discretion at any time as may be required in view of business exigencies and/or changes by regulatory authority and/or statutory changes and the same shall be binding on the Subscriber.
This challenge cannot be used in conjunction with any alternative challenge or promotion.
Idea Cellular Limited shall not be liable for any delay or loss that may accrue in the delivery of the Gratification.
The top performer/s shall be liable to bear any other cost that may be incurred by him / her, in availing the Gratification.
The existence of a dispute, if any, regarding the gratification shall not constitute any claim against Idea Cellular Limited.
In matters relating to the challenge hereto, the decision of Idea Cellular Limited shall be final and binding in all respects.
This challenge is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Idea Cellular Limited.
The Subscriber hereby agrees and undertakes not to hold Idea or any of their group entities or affiliates, its 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.
Idea Cellular Limited shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
Idea Cellular Limited shall not be responsible for any claims arising out of technical failures before, during, between or after the completion of the challenge, including but not limited to any technical failures in the telephone lines, failure of servers or the failure to provide the correct MOU updates or any mistakes arising out of technical snags. Further, Idea Cellular Limited shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of Idea Cellular Limited.
Any gratification of value in excess of INR Rs. 10,000/- will attract deduction of tax at source and all taxes to be paid on the gratification/s shall be paid by the top performer/s on the prevailing rate. 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 top performer/s at the prevailing rate. Further, all the top performer/s must furnish a valid Indian PAN Card to claim the gratification amount, or gratification, irrespective of the value of the same, failing which the top performer/s gratification shall be forfeited, or the gratification shall be rolled over to the next eligible participant, at the sole discretion of the Idea Cellular Limited.
This challenge is subject to guidelines/ directions issued by Telecom Regulatory Authority of India or any other statutory authority from time to time.
Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by Organizer including, but not limited to, meeting of the Participant's requirements or aspirations, timeliness, security, the results or reliability of challenge, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits, gratification or awards acquired or obtained through the challenge or any transactions effected through the challenge; (b) The Participant expressly agrees that his/her participation in the challenge offered by the Organizer is at the Participant's 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 Organizer.
The Organizer is neither responsible nor guarantees the quality of the goods or services being offered as gratification nor is liable for any defect or deficiency of goods or services so obtained/availed, by the Subscribers under this Challenge. The Organizer is 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 Organizer for delay in delivery of the gratification(s) on any grounds whatsoever.
Idea and their officials including their directors, officers, partners, employees, consultant and agents are under no obligation to render any advice or service to any participant of the challenge and they cannot be held liable under any circumstance.
Idea reserve the right, at any time, to unconditionally disqualify any participant who tampers with or in any way abuses the process or Term and conditions of the challenge. Failure by the Idea to enforce any of its rights at any stage does not constitute a waiver of those rights.
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.
The Challenge is valid subject to compliance with all formalities as required by Idea. Any failure on the part of the Subscriber to comply with the specified formalities shall disqualify the Subscriber.
All disputes, differences or any other matters in relation to and arising out of this challenge or pertaining to the rules and regulations or the Terms and Conditions shall be referred to arbitration to be conducted by a Sole Arbitrator to be appointed by Idea Cellular Ltd., UP-East Circle whose decision shall be final and binding under the Arbitration & Conciliation Act, 1996. The venue of arbitration shall be Lucknow or at such other place as the Arbitrator may decide and Arbitration proceeding shall be conducted in English Language.
All disputes shall be subject to the sole and exclusive jurisdiction of the Courts situated at Lucknow only.