Promotion & contest

TERMS AND CONDITIONS OF IDEA CAFÉ WAP CONTEST

 

TERMS AND CONDITIONS OF IDEA CAFÉ WAP CONTEST

 

PLEASE READ THESE TERMS & CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CONTEST KNOWN AS IDEA CAFÉ WAP CONTEST”. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS IDEA CAFÉ WAP CONTEST”, SUBSCRIBER HEREBY ACKNOWLEDGE AND ACCEPT THE CONTEST AND THEREBY AGREE ON IRREVOCABLE BASIS, TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS. IF SUBSCRIBER DO NOT AGREE TO ABIDE BY THESE TERMS & CONDITIONS, PLEASE DO NOT PARTICIPATE IN THIS CONTEST.

 

Terms and Conditions:

(i)     The IDEA CAFÉ WAP CONTEST (hereinafter referred to as “Contest”) isconceptualized, organized and conducted by Unisys Infosolutions Pvt. Ltd., a company having its registered office at #1089, New Housing Board Colony, Sec-13 Extension, Urban Estate, Karnal 132001, Haryana, India (hereinafter referred to as “Unisys”) 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”).

(ii)     Unisys and Idea shall hereinafter be jointly referred to as “Organisers”.

(iii)     The Contest is open for a limited period i.e from 31st May, 2017 at 00:00 hrs till 30th June, 2017 at 23:59:59 hrs (“Contest Period”) for the pre-paid as well as post-paid category of the Subscribers of Idea for the  telecom Circles, details of which are given in th below paragraphs  . Any post-paid Subscriber with any outstanding amount as dues against the monthly bills generated by Idea shall not be eligible to participate in this Contest.

 

(iv) 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 Contest or any other Contests Contested by the Organisers jointly.

 

(v)             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 Contest, receive the gratifications and accept the terms applicable for the Contest.

 

(vi)     List of Circle(s) –

 

 

S. No.

Circle

Zone

First Language

Second Language

1

MAHARASHTRA

West

Hindi

English

2

MP

West

Hindi

English

3

GUJARAT

West

Hindi

English

4

MUMBAI

West

Hindi

English

5

TN & Chennai

South

English

Hindi

6

AP

South

English

Hindi

7

KERALA

South

English

Hindi

8

KARNATAKA

South

English

Hindi

9

ORISSA

East

Hindi

English

10

BIHAR

East

Hindi

English

11

WB

East

Hindi

English

12

KOLKATA

East

Hindi

English

13

NE

East

Hindi

English

14

ASSAM

East

Hindi

English

15

UP EAST

East

Hindi

English

16

RAJASTHAN

North

Hindi

English

17

DELHI

North

Hindi

English

18

HARYANA

North

Hindi

English

19

UP WEST

North

Hindi

English

20

HP

North

Hindi

English

21

J &K

North

Hindi

English

22

PUNJAB

North

Hindi

English

 

 

 

 

·     For the avoidance of any doubt, please note that the Idea will declare the winners of the contest on the basis of the highest scores and the Unisys will give the gratifications to the winners elected by the Idea.

 

·     A Subscriber, by participating in the Contest, 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 Contest 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.

 

·     For the purposes of these Terms and Conditions, wherever the context so requires “Subscriber” or “Subscriberr” shall mean any natural person who is a Subscriber.

 

Also, by participating in this Contest, Subscriber Subscriber:

 

·     Warrant thatsubscriber have read understood and agreed to conform to these Terms and Conditions.

 

·     Warrant the accuracy, truthfulness and currency of all information that Subscriber have submitted.

 

·     Agree that Subscriber are entering into this Contest as an independent party and nothing herein establishes an employer-employee relationship between Subscriber and Idea or between Subscriber and Unisys and Subscriber are acting voluntarily, using Subscriber own time and resources to participate in the Contest, solely at Subscriberown risk.

 

·     Warrant that prior to participating in the Contest, it shall be deemed that Subscriber have read and have agreed to be bound by the Terms and Conditions herein.

 

 

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 for further upations and information.

 

By participating in the Contest, Subscriber indicates the acknowledgement and acceptance of these Terms and Conditions.

 

1.           PROCEDURE AND ELIGIBILITY TO PARTICIPATE:

This Contest is valid for all active prepaid and postpaid Subscribers of IDEA CAFÉ service who participates in the contest between 31st May, 2017 at 00:00 hrs till 30th June, 2017 at 23:59 hrs and fulfill the following criteria at the time of participation and during continuance of the Contest:

 

·     He/she must have attained the age of 18 years or above

 

·     He/she must be a citizen of India;

 

·     He/she must not have been either convicted and / or prosecuted for commission of any criminal offence

 

·     He / She must not be of 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 orders etc. and / or is prohibited from entering any contractual relationship.

 

 

·     If at the time of the declaration of the result / gratifications of the contest, the Subscriber has ported out of the network of Idea then in that case he/she will not be eligible/entitled to get any gratification for the contest.

 

 

Further, the Subscribers who participate in the Contest and are chosen as highest scorers of gratification under the Contest in accordance with the highest scorer selection process under the Terms and Conditions of the Contest, 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 is not able to provide sufficient evidence to show that he/she is the Subscriber of the mobile number, then in that case the Organisers reserve the right to forfeit the gratification, at its sole discretion.

 

 

Participants shall be asked 10 skill/knowledge based questions in the Contest.

 

 

 

2.           PARTICIPATION & CHARGING:

 

Following charges shall be applicable for the subscription/ participation in the Service.

 

 

SERVICE

(Subscription charges)

URL

 

Mobile Tashan (Subscription)

 

Rs.35/7 Days

 

http://203.122.58.93/idnew

 

The aforesaid charges paid by the subscribers are towards the service and no additional charge is collected from the subscribers for participating in the Contest.

 

3.     GRATIFICATIONS AND HIGHEST SCORER SELECTION:

 

The selection of the highest scorer will be done based on the calculation of the correct answers to the questions in the minimum span of time i.e. a Subscriber who has earned highest/maximum points in answering the maximum number of questions correctly in minimum time span and which makes him/her entitled to earn the gratifications under the Contest)

The calculation of the number of correct answers made by the subscribers will be done at the end of the day & the gratification shall be distributed thereafter on daily basis..

 

The process of highest scorer’s selection for gratification, in accordance with the highest scorer selection process detailed in this Contest will be witnessed by an independent third party auditor (“Independent Auditor”) who shall, after the selection of the highest scorers, certify such process.

 

The gratifications shall be as under:

Top ten (10) highest scorers will be given recharge voucher of Idea of Rs. 10 for each Contest day.

 

 

1.     A Mobile Number (MSISDN) can participate in the Contest once during the Contest period.

 

2.     Without prejudice to the foregoing Clause, any failure on the part of the highest scorer/subscriber under this Contest to comply with directions issued by Organisers shall entitle Organisers, at its discretion, to cancel and forfeit the gratification for the said highest scorer/subscriber. The gratification shall not be transferable and no request shall be entertained by the Organisers for such transfer.

 

3.     To be eligible to claim the gratification/s under the Contest, the MSISDNs chosen as the highest scorers shall be required to be active Subscribers of Idea during Highest scorer announcement period.

 

4.     Without prejudice to the foregoing, under no circumstance shall the highest scorers of the Contest be entitled to redeem gratification for cash, unless expressly mentioned herein . Organisers, at its sole discretion, may or may not provide a cash alternative (to any of the gratification being offered in this Contest).

 

5.     This Contest is skill based is being made purely on a “best effort” basis and participation of eligible Subscribers is voluntary, and subject to the applicable terms and conditions.

 

6.     Mere participation in the Contest 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.

 

7.     By participating in the Contest, Subscribers consent to the following information relating to them to be exchanged between Idea, Unisys 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 of the selected highest scorers to other Subscribers unless expressly mentioned herein. The Subscribers also consent to the information being shared by Unisys/Idea with its affiliates and service providers and to the information being processed and stored in the servers of Unisys/Idea or its service providers, inside or outside India.

 

8.     Subscriber acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the WAP & WAP Contest and all material or content related to the Contest shall remain, at all times, owned by the Organisers and/or their respective owners. All material and content contained in this WAP Contest is made available for Subscribers personal and non-commercial use only. Any other use of the material/ content on this WAP and/ or any information disseminated by WAP or any other means of communication are strictly prohibited.

 

9.     The unisys being a organizer of the contest is only bound to give the gratifications to the winners of the contest elected by the Idea , whereas , the Unisys cannot be held liable for any defect or deficiency in services of the services availed by Idea for the contest.. The Subscribers shall not have the right to claim any damages, loss or costs from the Unisys being an Organisersfor delay in delivery of the gratification(s) on any grounds whatsoever.

 

10.     The gratification(s) under this Contest 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/subscriber.

 

11.     The gratification(s) to the highest scorer/ subscriber shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the gratification(s).Any failure on the part of the highest scorer/subscriber 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.

 

12.     Any Subscriber providing any incorrect information or concealing/withholding any information from the Organisers with intent to participate and/or be chosen as the highest scorer of the Contest will automatically be disqualified from participating in the contest . 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.

 

13.     A Subscriber shall be considered ineligible if he/she does not conform to the conditions as stipulated in these Terms and Conditions.

 

 

14.     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.

 

15.     The list of highest scorers for the gratifications will be announced after the end of the each Contest day.

 

16.     The Subscribers and Highest scorers hereby irrevocably authorize Orgniser 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.

 

17.     The employees of the Organisers and of their group companies, affiliate or associate companies and their relatives/ dependents shall not be eligible to participate in this Contest. If found otherwise, then Organisers reserves the right to forfeit the gratification.

 

18.     If an employee of Organisers leaves the organization when the Contest is launched or leave during Contest running period / before highest scorer list announcement / after highest scorer’s list is announced, then in that case the above said employee cannot participate in the contest and will not be eligible to have any gratification. .

 

19.     The gratification shall be delivered by Unisys to the highest scorer at the end of each day of the Contest . This Contest including the gratification cannot be used in conjunction with any alternative Contest or promotion of a similar nature. Organisers shall not be held responsible or liable for non-delivery or shortfall or deficiency in the gratification. 

 

20.     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 Organisers (“Force Majeure Event”).The Organisers shall not be liable for any delay or adverse effect caused to this Contest as a result of a Force Majeure Event. The Organisers shall intimate the suspension of the Contest caused as a result of such Force Majeure Event to the Subscribers within reasonable time.

 

21.     This  Contest  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.

 

22.     The decision of the Organisers in respect of all transactions under this Contest including without limitation the selection of the highest scorers shall be final and binding.

 

23.     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.

 

24.     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 failure

 

That before, during or after the completion of the Contest including but not limited to any technical failures in the mobile connectivity for participating in the Contest, delay in time recorded or taken for answering a question during Contest, 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. Organisers shall neither make any alteration in the score/data/records for the Contest played by the subscriber

 

25.     Awarding of the gratification shall at all times be subject to the laws of India, in force, including all the tax laws.

 

26.     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 Contest.

 

27.     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 Contest.

 

28.     Organisers reserve the right to make any amendment(s) including but not limited to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Contest or any part thereof including the eligibility criteria, the Terms & Conditions and gratifications at their sole discretion at any time during its validity basis Organisers sole discretion or under the instructions/ suggestion by regulatory authority and/or statutory changes and the same shall be binding on the participant with notice on website and participants agree that it will be considered as sufficient notice to the participants. Participants’ continued use/participation in the Contest shall be considered as the acceptance to the changes so made.

 

29.     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.

 

30.     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 Contest, 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.

 

31.     Any attempt by a Subscriber to deliberately undermine the legitimate operation of the Contest 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.

 

32.     The Organisers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Subscribers.

 

33.     The officials 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 Contest.

 

 

34.     The provisions of this service, the Contest and any other promotional endeavor may not be used for any commercial purpose by any Subscriber.

 

35.     In case of any technical failure or system failure, no point or extra benefit for the right answered question will be granted to subscriber.

 

36.     Post highest scorer declaration and completion of their announcement and further process as the case may be if Organisers finds that the declared highest scorers are wrong then Organisers reserves the right to declare the correct highest scorers again and cancel the gratification of highest scorers declared earlier.

 

 

37.     Points obtained in this Contest will be valid for this Contest only & will not be carry forwarded for new Contest.

 

38.     In event of the death of the highest scorer, the gratification if any may be awarded by Organisers to the legal heirs/successors of the deceased highest scorer at sole discretion of the Organisers. Organisers shall have the rights to call for such documentary evidence before handing over the gratification to the legal heirs/successors.

 

39.     In the event, it is found or come to the knowledge of Organisers that participant and/or highest scorer submitted inaccurate/misleading details/or information as requested by Organisers  or in future course of action, Organisers reserve the right to forfeit the gratification delivered to the highest scorer(s) and/or to be delivered to highest scorer(s) and take the required legal action against them. 

 

40.     The Organisers reserve the right to forfeit the gratifications under the following circumstances:

a)     If documents/information provided are found to inaccurate/misleading.

b)     If highest scorer is unwilling to claim/accept the gratification.

c)     If the highest scorer is not able to provide sufficient evidence to show that he/she is the Subscriber of the mobile number. 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).

 

41.     These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in Mumbai.

 

42.     Notwithstanding the foregoing, if the operation of or participation in the Contest is prohibited in any State and/or territory or part thereof as per applicable law, the Subscribers from such State and/or territory or part thereof shall not be eligible to subscribe to or participate in the Contest. No further notice shall be given by the Organisers in this regard.

 

43.     This Contest is subject to guidelines and directions issued by the Department of Telecommunications (“DoT”), Telecom Regulatory Authority of India (“TRAI”) or any other statutory authority from time to time.

 

44.     In case of MNP i.e. participant is moving from one circle to another circle during the contest period while keeping the same mobile number, then he/she shall be considered as eligible for that gratification(s) in the Circle where he/she was residing at the end date of Contest. The gratification  will be given in the circle where highest scorer was residing at the time of awarding the gratification.

 

 

  

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