Promotion & contest

TERMS AND CONDITIONS of the Offer for Participants “Idea Music Station – Music Bonaza Contest

TERMS AND CONDITIONS of the Offer for Participants

Idea Music Station – Music Bonaza Contest”

 

Idea Cellular Limited (Idea) offers “Idea Music Station – Bonanza Contest” subject to the following Terms and Conditions mentioned below.

 

PLEASE READ THESE TERMS & CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CONTEST KNOWN AS “Idea Music Station – Bonanza Contest”. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS “Idea Music Station – Bonanza Contest”, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE OFFER AND THEREBY AGREE ON IRREVOCABLE BASIS, TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS & CONDITIONS, PLEASE DO NOT PARTICIPATE IN THIS CONTEST.

 

Terms and Conditions:

The Idea Music Station – Bonanza (hereinafter referred to as “Contest”) is conceptualized, 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 corporate office at 10th floor, Birla Centurion, Century Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai 400030 (hereinafter referred to as “Idea”), through its regional office at No.75, Richmond Road, Civil Station, Bangalore 560025.

SDL and Idea shall hereinafter individually as a ‘party’ and be collectively referred to as “parties”.

 

ELIGIBILITY CRITERIA FOR PARTICIPATING IN THE CONTEST

General Criteria

  1. The “Idea Music Station – Bonanza Contest” is a limited period offer.

  2. The Contest is open only for a limited period starting from 09th November, 2017, 00:00:01 hours till 14th January ,2018, 23:59:59 hours, both days inclusive, for the active pre-paid as well as post-paid category of the Idea subscribers (“Subscriber(s)” ) of the Idea Tamil Nadu telecom circle.

  3. 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.

  4. The Contest is open for participation only for the existing active Prepaid or Postpaid Subscribers of Idea Cellular Limited in Tamil Nadu Telecom Circle. The Offer is not applicable to Roaming Prepaid/ Postpaid Subscriber/s* (Prepaid/ Postpaid Subscriber/s who are visiting Tamil Nadu Telecom Circle from other Telecom Circles and who do not belong to Tamil Nadu Telecom Circle) however; Prepaid/ Postpaid Subscribers belong to Tamil Nadu Telecom Circle on roaming can however participate in the offer.

  5. SDL/ IDEA shall reserve the right to offer an invitation for participation.

  6. This Contest will be available in Interactive Voice Response mode (“IVR” or “Voice”) in either Tamil and or English language.

  7. 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 SDL and or IDEA, 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 Organizers, its affiliates and associates 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 the participation in this Contest.

  8. 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. Also, by participating in this Contest, You:

  • Warrant that, you have read, understood and agreed to kowtow to these Terms and Conditions.

  • Warrant the accuracy, truthfulness and currency of all information that you have submitted.

  • Agree that, you are entering into this Contest 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 Contest, solely at your own risk.

  • Warrant that prior to participating in the Contest, it shall be deemed that you have read and agreed to the Terms and Conditions herein.

  • Confirm and undertake that you will make an informed choice regarding the option to participate through voice and after understanding the implications of the same.

 

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 to keep yourself updated and informed.

 

By participating in the Contest, you indicate your acknowledgement and acceptance of these Terms and Conditions.

 

  1. PROCEDURE AND ELIGIBILITY TO PARTICIPATE:

             1.1    This Contest is valid for all active prepaid and postpaid Subscribers of Idea Cellular Ltd., Tamil Nadu Circle only and who fulfill the following criteria:

  • He/she must be of or above 18 years of age;

  • He/she must be a resident of India;

  • He/she must not have been either convicted and / or prosecuted for commission of any criminal offence nor be of an unsound mind;

  • He/she must belong to Tamil Nadu Telecom Circle only; and

  • He/she must not be under any legal disability e.g. insolvency, restraint by court order etc. and / or is prohibited from entering any contractual relationship.

  • If at the time of the declaration of the result of the gratification under this Contest, the Subscriber has ported out of the network of Idea, he/she will not be eligible to and entitled to get any gratification under the Contest.

 

           1.2   This Contest is not available to the following Subscribers of Idea and they shall not be eligible to participate in this Contest:

  • The Subscribers being the employees of SDL and or Idea and of their group companies, Affiliate or associate companies. “Affiliate” here shall mean with respect to each of the Idea & SDL, any entity directly or indirectly controlling or controlled by or under direct or indirect common control with such parties. For the purposes of this definition, “control”, “controlled” or “controlling” shall be construed as the control by virtue of having the right to appoint the majority of the Board of Directors or owning the largest or controlling percentage of the voting securities or by virtue of any contractual arrangements or otherwise.

 

          1.3   In the event, entire family is participating in the contest, in such event, only one person from a family, who scores the highest score amongst the family members, shall be eligible to get a gratification in the Contest. It means that all other relatives of such person in the Family shall not be so eligible. The Family in relation to a person shall mean immediate family, consisting of any of the following relatives:

(i) Spouse, (ii) Brother (iii) Sister (iv) Father (v) Mother (vi) Son (vii) Daughter

 

       1.4  The Subscriber whose residential address is same as that of a Subscriber who is eligible for any gratification as per terms and conditions of this Contest, shall not be entitled to a gratification worth Rs. 10,000/- and above. Further, if there are multiple MSISDNs belonging to the same person, the MSISDN who gets the highest score amongst the said multiple MSISDNs shall only be eligible for any gratifications under the terms and conditions of this Contest.

 

       1.5  Further, the Subscribers who participate in the Contest and are chosen as Highest Scorers of each category 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 (as defined hereinafter) is not able to provide sufficient evidence to show that he/she is the Subscriber of the mobile number, the Idea & SDL reserve the right to award the gratification to the next eligible Highest Scorer or to forfeit the gratification, at its sole discretion.

 

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.

 

       1.6The Subscriber may subscribe to the Contest by calling the toll-free number 543213 or by other mode i.e., Short Message Service (SMS), Out Bound Dialer (OBD), Speaker Independent Voice Recognition (SIVR), Unstructured Supplementary Service Data (USSD)

 

  1. PARTICIPATION & CHARGING:

    1. This Contest is open for the new as well as the existing Subscribers, who had already subscribed the Value Added Services (VAS) product of Idea Music Station Pack Service and brought forward by SDL/ Idea, purely on a “best effort” basis. Any participation by the Subscribers in this Contest is voluntary. To participate in this Offer, a Subscriber/ Participant shall have to do the following: - Subscriber/Participant needs to activate Idea Music Station service by dialing the IVR Short code 543213 from his/ her handset Rs.40/- (Rupees Forty only) for every 30 (thirty) days or by other mode Short Message Service (SMS), Out Bound Dialer (OBD), Speaker Independent Voice Recognition (SIVR) and Unstructured Supplementary Service Data (USSD). Post payment of the subscription charges (mentioned below). It is also specifically agreed by the Participants / Subscribers that the decision of SDL and/or Idea shall be final and binding upon them and agree not to dispute, seek clarification from either SDL or Idea or both.

    2. The participant (Prepaid/ Postpaid) caller shall be Charged Rs.40/- (Rupees Forty only) per month towards subscription charges and the same shall be renewed for subsequent months for both prepaid & postpaid connections, unless de-activated by the participant (Prepaid/ Postpaid).the user who subscribed at event pack of Rs10/7days will also be eligible to play this contest, but it will not be an auto-renewal pack

    3. The Contest is available only on voice platform. The Contest consists of maximum 450 simple questions with two answer options for each question.

    4. Once the Subscriber has/ had subscribed the aforesaid VAS product, the amount charged shall not be refunded to Subscribers under any circumstances.

    5. 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.

    6. 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 become zero and if the Subscriber again subscribes to Idea Music Station service, his/her scoring will start from Zero.

  2. CONTEST ON VOICE:

    1. The Contest will be available on 5432135 on Voice.

    2. Subscribers will be informed about the participation for the Contest, gratification and Terms and Conditions URL, when they call the number 5432135 Toll-free from his/ her handset to participate in the Contest.

    3. The Contest consists of maximum 450 questions based on simple questions with two answer options for each question. Everyday Subscriber will be given 5 question and the un-played questions will not be carried forward to the next day. 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.

    4. The questions under the Contest shall be based on information available to the public at large.

    5. For every right answer, the Subscriber will get 10 points. There is no negative marking for a wrong answer.

    6. After every answer, the Subscriber will be played an appropriate response and given the next question and answer options.

    7. If Subscriber stops participating in the Contest without answering the nth question, then when he/she calls the afore-mentioned number, he/she will be given the nth question, which may be different from what he/she received previously, i.e., if a Subscriber listens to the 4th questions but drops the call without answering the 4th question, then when he/she calls again, he/she will be given the 4th question, which may be different from what he/she received previously. Note – If the Subscriber calls back on the next day to play the nth question, he/she shall not be able to continue from where he/she left yesterday, on next day Subscriber will get fresh set of 5 new questions.

 

  1. GRATIFICATIONS AND HIGHEST SCORER SELECTION:

            4.1 Bumper Gratification:

No. of Gratifications = 1 number

Gratification = Rs. 55,000/- worth Cash Card (i.e. the MSISDN scoring highest score).

 

The selection criteria for the Bumper Gratification will be conducted at the end of the Contest based on scoring the highest score (1 MSISDN) in least time, during the period of the Contest he / she will become eligible for this gratification of Cash Card. 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 who has scored maximum points in least time would be selected as the highest scoring MSISDN and will become eligible for bumper gratification.

 

         4.2 2nd & 3rd Gratification:

Total No. of Gratification = 1 number

Gratification = Rs. 20,000/- worth Cash Card (i.e. the MSISDN scoring highest score).

Gratification = Rs. 15,000/- worth Cash Card (i.e. the MSISDN scoring highest score).

 

 

        4.3   Daily Gratification:

No. of Gratifications = 90

Gratification = Rs.50/- recharge worth talk time

 

The selection for the Monthly Gratification will be conducted after the end of every month based on the scoring the highest score (One (1) MSISDN), during the period of the Contest in particular month will become eligible for this gratification of 1 gram Gold coin. In case of a tie (i.e., when more than 1 Subscriber have scored the same score), all such tied numbers will be eligible to participate in a tie-breaker round on voice channel. Based on the performance in the tie-breaker round, who has scored maximum points in least time would be selected as the highest scoring MSISDN and will become eligible for Monthly gratification. An MSISDN can get this gratification only once in the Contest.

 

Note:

a.    In case the participant(s) participates with multiple MSISDN in the Contest, the MSISDN which has been selected to be eligible for the gratification of highest value, shall only be considered for the purpose of awarding the gratification/s to such participant(s) and the other MSISDN(s) shall not be considered for any other gratification, irrespective of the points earned through such MSISDN(s).

b.   Without prejudice to the foregoing, the Subscribers shall not hold SDL, the Independent Auditor (defined below) or Idea liable for the Highest Scorer selection process under this Contest.

c.    The process of Highest Scorer selection for each category of 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.

 

  1. The participant/ Prepaid Subscriber shall be deducted immediately with an equivalent amount of charges from the Subscriber’s balance as and when the Prepaid Subscriber/s dials the number 543213 or any other number as per the SMS/ FLASH SMS received by the participant. The same charges shall be deducted from his/ her mobile balance for the subsequent months till the completion of the contest, however, the participant may de-activate the same by calling to the customer care.

  1. The participant/ Postpaid Subscriber shall be billed to his/ her monthly bill with an equivalent amount of the charges as and when the Postpaid Subscriber/s dials the number 543213 or any other number as per the SMS/ FLASH SMS received by the participant. The same charges shall be billed for the subsequent months till the completion of the contest period, however, the participant may de-activate the same by calling to the customer care.

  1. By participating in the Contest, the Subscriber agrees and confirms that he/she shall not raise any query/clarification/concern/complaint/dispute with respect to the Contest after the expiry of 90 days from the last day of the Contest. After the expiry of the said period of 90 days the parties shall not entertain any query/clarification/concern/complaint/dispute raised by the Subscriber.

  1. The Subscriber hereby undertakes that he/she shall not Contest or raise any issue/dispute regarding the selection process of Highest Scorer(s) in any condition whatsoever.

  1. 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

  1. All gratifications will be given after deduction of applicable taxes, license fees and charges.

  1. 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, by calling them for a period of 15 days on the number registered with Idea, and will be given further details as to how, when and where they can collect their respective gratification. Idea and SDL shall not be liable for any reason whatsoever in the event, the Highest Scorers respond or communicate in any form, with any other number. 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 them regarding their selection as the Highest Scorers under the different categories of gratifications and providing them the details as to how, when and where they can collect their respective gratification (“Intimation”). 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 sent by SDL, failing which the gratification shall be forfeited. The gratification shall, under no circumstance be distributed from the amount charged by the Idea and SDL for participating in the Contest. Delivery of gratification will be subject to the Highest Scorers giving the correct address and his/her availability there. 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. In the event that any of the Highest Scorers cannot be reached through SMS or calls for a period of 15 days from the date of Intimation, or are ineligible or are disqualified, for any reason whatsoever, SDL reserve the right to forfeit the gratification or the gratification shall be transferred to the Subscriber who has the second Highest Score, at its sole discretion. All decisions by the Idea and SDL regarding the selection of the Highest Scorers shall be final and binding on the participants. In the event, the gratification cannot be delivered, when specified that they will be delivered, due to reasons beyond the control of SDL, the Highest Scorers shall collect them from the nearest place specified by SDL.

  1. Without prejudice to the foregoing Clause 11, any failure on the part of the Highest Scorer under this Contest to comply with directions issued by the SDL shall entitle SDL, at its discretion, to cancel and forfeit the gratification for the said Highest Scorer and the same gratification will be given to the next eligible Highest Scorer. The gratification shall be distributed only after and subject to confirmation of an existing Permanent Account Number (“PAN”) of the Highest Scorer(s). 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 and the gratification shall not be transferable and no request shall be entertained by the Idea and SDL for such transfer.

  1. 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.

  1. 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.

  1. Without prejudice to the foregoing, under no circumstance shall the Highest Scorers of the Contest be entitled to redeem any category of gratification including a Bank Gift Card for cash, unless expressly mentioned herein. SDL, at its sole discretion, may or may not provide a cash alternative to any of the gratification being offered in this Contest.

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

  1. 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.

  1. Subscribers may contact SDL at idea.contest@spicedigital.in 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.

  1. Mere participation in the Contest, the Subscriber shall not be entitled for any gratification. No other person or agent can claim the gratification on behalf of the Subscriber, unless otherwise expressly mentioned herein.

  1. 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.

  1. 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 & or SDL and/or 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 is strictly prohibited.

  1. 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. Idea & SDL are also not liable for any defect/deficiency in the gratification(s) so offered or availed, by the Subscribers under this Contest. The Subscribers shall not have the right to claim any damages, loss or costs from the Idea & SDL for delay in delivery of the gratification(s) on any grounds whatsoever.

  1. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by the Idea & SDL including, but not limited to, meeting of the Subscriber's requirements or aspirations, timeliness, security, the results or reliability of the Contest, delay in time taken or recorded for answering a question, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Contest or any transactions effected through the Contest; (b) The Subscriber expressly agree that his/her participation in the Contest offered by the Idea & SDL is at his/her 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 Contest shall be construed to mean the giving of any warranty of any kind by the Idea & SDL.

  1. 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.

  1. The gratification(s) to the Highest Scorer shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the gratification(s) and on production of all such documents/papers as may be required by the Idea & SDL before accepting the delivery of the gratification. Any failure on the part of the Highest Scorer to comply with directions issued by the Idea & SDL for claim of gratification shall entitle the Idea & SDL to forfeit the gratification(s) or roll the gratification over to the next eligible Highest Scorer, at their sole discretion.

  1. Any Subscriber providing 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.

  1. 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 28 herein below for the purposes of receiving the gratification.

  1. All gratification must be claimed by the Highest Scorers, along with the documents specified herein below within the specified timelines intimated by the Idea & SDL. The documents required to be submitted along with the claim by the Highest Scorers include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of law):

• Identity Proof; Submitted at the time of obtaining connection.

• Photocopy of PAN Card;

• Address Proof; provided at the time of obtaining connection from IDEA.

• In case of Highest Scorer holding a post-paid connection of Idea number and is entitled to a gratification, the value of which exceeds [Rs. 5,000/-], self-attested copy of the latest bill issued by the operator in respect of the Idea MSISDN registered with the Idea & SDL under the Contest;

• In case of Highest Scorer holding a pre-paid connection of Idea number and is entitled to a gratification, the value of which exceeds [Rs. 5,000/-], an affidavit in the format provided by the Idea & SDL, declaring that the Highest Scorer is the rightful user of the Idea MSISDN and the same is registered with the operator in the name of the Highest Scorer; and

• Letter of compliance with rules and regulations and declarations in the format as may be required by the Idea & SDL or applicable laws.

  1. 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. The Idea & SDL 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 Highest Scorer or any third party.

  1. Being the organizer, “SDL” is to indemnify Idea in case of any claims, demands and disputes 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.

  1. SDL makes no representation of having a business relationship or tie up with any such companies, individuals or any other organization whose products are offered as gratifications in the Contest. All trade names shall continue to remain owned by their respective owners.

  1. 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 visit in person to the place fixed by the SDL to collect the gratification. The customer should bring the phone instrument along with SIM at the time of collection of his/her gratification.

  1. Any gratification value is 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 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.

**A Highest Scorer earning gratification in excess of INR 10,000/- in a year in aggregate from all Contests / offers conducted by SDL as one of the Idea & SDL irrespective of the operator or other Idea & SDL will be subject to TDS under the Income Tax Act, 1961.

  1. 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 Idea & SDL, unless expressly mentioned herein.

  1. The list of Highest Scorers for the gratifications will be announced within 30 working days after the end of the Contest period stated above.

  1. 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.

  1. The employees of the Idea & SDL and of their group companies, affiliate or associate companies shall not be eligible to be chosen as the Highest Scorer of any of the gratifications offered in this Contest.

  1. The gratification shall be handed over by SDL on receipt of all the documents from the Highest Scorer required to process the distribution of the gratification. This Contest including the gratification cannot be used in conjunction with any alternative offer or promotion of a similar nature.

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

  1. The Terms and Conditions stated herein shall not override the terms and conditions of the Customer Application Form.

  1. 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.

  1. The decision of the SDL in respect of all transactions under this Contest including without limitation the selection of the Highest Scorers shall be final and binding.

  1. 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.

  1. 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 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.

  1. The Subscribers hereby agree and undertake not to hold the Idea & SDL 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.

  1. Idea & SDL 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.

  1. 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.

  1. Idea & SDL may use sub-contractors or 3rd party vendors to execute certain tasks associated with this Contest, without consent from the Subscribers.

  1. 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.

  1. 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. Failure by the Idea & SDL to enforce any of their rights at any stage does not constitute a waiver of those rights.

  1. 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 Idea & SDL reserve the right to seek damages from any such Subscriber to the fullest extent permitted by law.

  1. Idea & SDL do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Subscribers.

  1. The officers of the Idea & SDL, 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.

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

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

 

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