THIS DOCUMENT IS AN ELECTRONIC RECORD... TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC – GRAND MONSOON BONANZA COMPETITION

THIS  DOCUMENT  IS  AN  ELECTRONIC  RECORD... TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC – GRAND MONSOON BONANZA COMPETITION
TERMS AND CONDITIONS – GRAND MONSOON BONANZA COMPETITION
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION
TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC
RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY
PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE
PARTICIPATING IN THIS COMPETITION KNOWN AS “GRAND MONSOON BONANZA
COMPETITION”. BY PROCEEDING WITH PLAYING THE GRAND MONSOON BONANZA
COMPETITION, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS
(“Terms and Conditions”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
PLEASE DO NOT PARTICIPATE IN THE GRAND MONSOON BONANZA COMPETITION.
Terms and Conditions
1. “GRAND MONSOON BONANZA COMPETITION” (hereinafter referred to as the
“Competition”) is conceptualized, organized and hosted by One97 Communications Ltd., a
company incorporated under the Companies Act, 1956 and having its registered office at First
Floor Devika Tower, Nehru Place, New Delhi - 110019 and its principal place of business at
B-121,Sector-5,Noida-201 301,India (hereinafter referred to as “One97” or “Organizer”) and
is open for participation for active1 pre-paid or post-paid category of Subscribers2
(“Subscriber(s)”) of Vodafone India Limited, Vodafone Mobile Services Limited, Vodafone
West Limited, Vodafone East Limited, Vodafone South Limited, Vodafone Digilink Limited,
Vodafone Cellular Limited and Vodafone Spacetel Limited (hereinafter referred to as
“Vodafone India”) as part of the Vodafone Competition Pack (hereinafter referred to as
“Competition Pack”) during the period of 90 days from 24th July 2015, 00:00:01 hrs till 21st
October 2015, 23:59:59 hrs, both days inclusive (hereinafter referred to as the “Competition
Period”). Organizer reserves the right to extend or shorten the Competition Period, as it
deems fit.
2. The Competition is open for all active Subscribers who satisfy the eligibility criteria mentioned
in Clause 3 below and who belong to any of the following Vodafone India telecom circles
(“Circle(s)”) as mentioned in below table and who have successfully subscribed to the
Competition Pack (hereinafter referred to as “Competition Pack Member(s)”) by following
the subscription process mentioned hereunder. Notwithstanding the foregoing, if the operation
of or participation in the Competition 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
1An
active Subscriber shall mean the Subscriber who uses the Subscriber Identity Module (“SIM”) on a regular basis for purposes other than to
participate in competitions under the Competition Pack or any other competitions offered by the Organizer and Vodafone India, jointly.
2
Subscriber shall mean the rightful user of the Vodafone India connection, pre-paid or post-paid, in whose name the mobile phone connection
number (MSISDN) is registered with the operator. In the event the number / connection is registered in the name of a company/ firm, the
employee who is authorized to use the connection shall submit a No Objection Certificate (NoC) and authorization of the employer duly
permitting the employee to use the number for participation in the Competition, receive the prizes and accept the terms applicable for the
Competition.
eligible to subscribe to or participate in the Competition. No further notice shall be given by the
Organizer or Vodafone India, in this regard.
S. No.
Circle
Region
1
DELHI
North
2
HARYANA
North
3
UTTAR PRADESH EAST
North
4
UTTAR PRADESH WEST
North
5
PUNJAB, HIMACHAL PRADESH & JAMMU & KASHMIR North
6
ORISSA
East
7
WEST BENGAL
East
8
ASSAM & NORTH EAST
East
9
BIHAR
East
10
KOLKATA
East
11
RAJASTHAN
West
12
MADHYA PRADESH
West
13
MUMBAI
West
14
MAHARASTRA
West
15
GUJARAT
West
16
CHENNAI & TAMIL NADU
South
17
KARNATAKA
South
18
KERALA
South
19
ANDHRA PRADESH
South
3. Eligibility
This Competition is open for subscription for all Subscribers who fulfil the following criteria:
 Subscriber must be of or above 18 years of age;
 Subscriber must be a resident of India;
 Subscriber must be a Competition Pack Member;
 Subscriber must belong to any one of the Circles mentioned herein;
 Subscriber must be an active Subscriber;
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For Prepaid Subscribers – Subscribers must have the minimum requisite balance of Rs.2
per day, during the Competition Period to be eligible to participate in the Competition for
that day;
Subscriber must not have been subject of any criminal proceeding;
Subscriber must not - be of an unsound mind; and
Subscriber must not be under any legal disability e.g. insolvency, restraint by court order
etc. and / or is prohibited from entering any contractual relationship.
For the purposes of these Terms and Conditions, wherever the context so requires “You” or
“Your” shall mean any natural person who is a Competition Pack Member and the terms and
conditions of the Competition Pack shall be deemed to be incorporated herein.
Also, by participating in this Competition, You:
 Agree to the Terms and Conditions mentioned herein and give Your consent for the same;
 Agree that You are entering into this Competition as an independent party and nothing
herein establishes an employer-employee relationship between You and Vodafone India
or between You and One97 and You are acting voluntarily, using Your own time and
resources to participate in this Competition, solely at Your own risk;
 Warrant that You have read, understood and agreed to conform to these Terms and
Conditions;
 Warrant the accuracy, truthfulness and currency of all information that You have
submitted; and
 Warrant that prior to subscribing to the Competition, it shall be deemed that You have read
and have agreed to be bound by the Terms and Conditions herein of the Competition
Pack.
The Competition will be known by and be made available in the below mentioned languages:
English, Malayalam, Telugu, Kannada, Tamil, Hindi, Gujarati, Marathi, Punjabi and Bengali,
Oriya, Assamese on IVR and in English and Hindi on SMS
o A Competition Pack Member, by subscribing to the Competition Pack and/or
participating in the Competition, hereby agrees to the Terms and Conditions
mentioned and gives his/her irrevocable consent to the process of selecting the
Winners (defined below) under this Competition as set out herein, and any appropriate
changes that may be made to this Competition by the Organizer including due to any
legal or regulatory requirement, business exigencies, instructions from any judicial or
a quasi-judicial body or due to any natural calamity beyond the reasonable control of
the Organizer, its affiliates and associates or for any reason whatsoever.
o Subscribers who are roaming outside their home Circle will be barred from subscribing
to the Competition Pack and from playing the Competition.
o Further, the Competition Pack Members who participate in the Competition and are
chosen as Winners of each category of prizes in accordance with the Winner selection
process under the Terms and Conditions of the Competition shall be required to be
the registered Vodafone India Subscribers of the winning mobile phone number and
not merely the players using such mobile number (“Winner(s)”). If the Winner is not
able to provide sufficient evidence to show that he/she is the Subscriber of the mobile
connection, the Organizer reserves the right to award the prize to the next eligible
Winner or to forfeit the prize, at its sole discretion.
4. Subscription Process to the Competition Pack
a. The active Subscribers may either call 545450 (toll Free)
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Subscription to the Competition Pack is at Rs. 3 for 6 questions daily.
As soon as a Subscriber sends a subscription request:
o Through USSD (*545*1#) or SMS (ACT SONA to 111), he/she will receive an
acknowledgement on his/her number registered with Vodafone India telling
him/her that his/her subscription request has been received.
o Through Interactive Voice Response (“IVR”), a double subscription is required.
Once the Subscriber has been successfully subscribed through any of the above
mentioned methods in clause 4 (a), he/she will get an SMS on his/her number
registered with Vodafone India informing him/her about the current or upcoming
competitions, prizes to be won and that the current Competition can be played at
just Rs. 3/- or Rs 2 or Re. 1/- per day, depending on the balance available on
his/her number registered with Vodafone India.
If the subscription is unsuccessful, the Subscriber will be sent an appropriate SMS
on his/her number registered with Vodafone India telling him/her to try again later.
All Competition Pack Members will automatically be eligible to play and win prizes
offered in all competitions launched as part of the Competition Pack, as will be
detailed in the terms and conditions of that respective competition. The prizes
offered under the competitions may vary from one competition to the next.
All Competition Pack Members will be charged Rs. 3/- or Rs. 2/- or Re 1/- per day,
depending on the balance available on his/her number registered with Vodafone
India, on all competition days, irrespective of whether they participate in any
competition or not, once they have successfully subscribed to the Competition
Pack until the completion of the competition or until they unsubscribe from the
Competition Pack, whichever is earlier, unless the pricing has been revised for a
particular competition or for all further competitions, in which case the price
revision will be communicated in advance.
If a Competition Pack Member wants to unsubscribe from this Competition Pack
then it can be done by calling 545450 toll-free or by sending DCT SONA to 111.
Upon effective un-subscription, an SMS will be sent to the number of the
Competition Pack Member registered with Vodafone India confirming the unsubscription from the Competition Pack.
All Competition Pack Members will be sent regular SMS updates and details about
the current and the upcoming competitions informing about the prizes and charges
with the terms and conditions URL of the specific competition. The SMS will
contain the method of unsubscribing from the Competition Pack, so that the
Competition Pack Members are educated about the same.
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Competition Pack Members will not be charged any amount on non-competition
days (after the end of one competition, and before the start of the next competition).
b. A Subscriber can subscribe and unsubscribe to the Competition Pack multiple times- i.e. if
he/she unsubscribe from the Competition Pack, he/she can subscribe again, at any time, if
he/she wishes to do so during the validity of the Competition Pack. Upon each fresh
subscription/ re-subscription, the Subscriber will be charged again.
c. All Competition Pack Members will be sent an SMS on their numbers registered with Vodafone
India before the launch of a competition, informing them about the upcoming competition.
 Please note that participating or playing this Competition is optional for the Competition
Pack Members, however, from the date of commencement of this Competition till the end
of the Competition or un-subscription from the Competition Pack, whichever is earlier, the
Competition Pack Members will be charged in accordance with these Terms and
Conditions.
5. Charging:
 All Competition Pack Members shall be allowed to play the Competition each day only
after being charged successfully for each day.
 All Competition Pack Members on the first day of the Competition will be charged Rs. 3/or Rs 2, Re. 1/-per day during the Competition Period, depending on the available balance
on his/her number registered with Vodafone India, from 01:00:00 hours onwards (or from
the day on which he/she becomes eligible to participate in the Competition), till the end of
this Competition or till the day he/she unsubscribe from the Competition Pack, whichever
happens first.
 All Subscribers who subscribe to the Competition Pack, after the Competition starts, will
be charged -, Rs. 3/- or Rs 2 or Re. 1/- per day, depending on the available balance on
his/her number registered with Vodafone India, from that day till the end of the Competition
or till he/she unsubscribe from the Competition Pack, irrespective of whether he/she plays
the Competition or not.
 On subsequent days, the system will try to charge all Competition Pack Members Rs.3/-,
Rs. 2/- or Re. 1/- per day, depending on the available balance on his/her number
registered with Vodafone India at 01:00:00 hours, irrespective of successful charging or
failure the previous day. This amount will not be refunded to Competition Pack Members
under any circumstances.
6. Competition on Voice
 Competition will be available on voice on the toll-free number 545450 for all Competition
Pack Members.
 All Competition Pack Members of the Competition Pack can play the Competition each
day, by calling the toll-free number 545450, only after being charged for the day.
 Based on the amount charged, Competition Pack Members will be allowed to answer
questions for each day:
o Competition Pack Members who are charged Rs 3 will get to answer 6 questions;
o
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Competition Pack Members who are charged Rs 2 will get to answer 4 questions;
and
o Competition Pack Members who are charged Re 1 will get to answer 2 questions.
The questions under this Competition shall be based on information available to the public
at large.
The Competition consists of a total of (max 6 per day) questions, with 2 answer options
each.
For every right answer the Competition Pack Member will get 10 point. There is no
negative marking for a wrong answer.
After every right or wrong answer, the Competition Pack Member will be played an
appropriate prompt and will be given his/her updated score followed by the next question
and answer options. If a Competition Pack Member stops playing the Competition after
answering the nth question then when he/she calls back on the toll-free number 545450
on the same day, he/she will be played the (n+1)th question.
If the Competition Pack Member stops playing further questions, then he/she can continue
playing by calling back on 545450, on the same day, to receive the next question.
Irrespective of whether or not the Competition Pack Member has answered all the
questions on a particular day, when he/she calls on the next day, he/she will be played
the first question of that day.
The points scored by the Competition Pack Members in a day will get carried over to the
next day.
The Competition Pack Member will be played the questions one after the other till he/she
finishes answering all the questions for that day.
There will be a black-out time for the Competition every day between 11:55 PM and 1:00
AM of the next day.
If a Competition Pack Member wishes to unsubscribe from the Competition Pack, that may
be done by calling the toll-free number 545450. Upon effective un-subscription an SMS
will be sent to the number of the Competition Pack Member registered with Vodafone India
confirming the un-subscription from the Competition Pack.
7. Selection of successful Winners – The selection process of the successful
Winners for all the prizes in this Competition will be as follows:
Grand Prize: Chevrolet Cruze LT (Total 1 Grand Prize - PAN INDIA LEVEL)
One Grand Prize Winner shall be selected from PAN INDIA on fulfilling the Winner criteria
after completion of the Competition. There will be a total 1 Grand Prize Winner for the
Competition Period.
Second Prize –: Tata Zest XE Petrol (Total 4 prizes - ZONAL LEVEL (1 for each zone)
One Zonal Winner shall be selected from each zone on fulfilling the Winner criteria
Competition Period, after completion of the Competition and Grand Prize Winner selection.
There will be total 4 Zonal (1 from each Zone) Winners for the Competition.
Third Prize –: HTC Desire X dual SIM (Total 19 Circle prize i.e. 1 per Circle) CIRCLE
LEVEL
One Circle Winner will be selected from each circle on fulfilling the Winner criteria after
completion of the Competition and selection of Grand & second prize winners. There will be
total 19 Circle Winners (1 winner per Circle) under this Competition.
Recharges:- Rs. 200 & Rs.100 worth of recharge daily per Circle:*
Two daily Winners will be selected who will win recharge of Rs.200 & Rs.100 based on fulfilling
the Winner criteria, from each participating Circle. after the completion of Competition and
declaration of Bumper, Zonal and circle winners There will be total 3,420
daily Winners for the Competition Period.
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Without prejudice to the foregoing, the Competition Pack Members shall not hold
One97, the Independent Auditor (defined below) or Vodafone India liable for the
Winner selection process under this Competition.
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The process of Winner selection for each category of prize, in accordance with the
Winner selection process detailed in this Competition will be witnessed by an
independent external auditor (“Independent Auditor”) who shall, after the selection
of the Winners, certify such process.
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Prizes contained herein are applicable for the participants scoring points by
playing the Competition.
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The selection of the Winner of the Competition, shall take place after completion of
the Competition. Winner selection is done based on following criteria:
1. Highest Score
2. Shortest Possible Time
3. In case there is tie between participants- then tie breaker round will be
conducted.
All the Winners shall be chosen in accordance with the Winner selection process
duly certified by an Independent External Auditor appointed by the Organizer and
decision of Independent External Auditor shall be final and binding on the
Subscribers.
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In case of a tie in the time taken, the participant’s who have tied will be asked to
answer a set of 5 tie breaker questions on IVR, the participant who answers the
maximum questions correctly in the given time or in case both the participants answer
equal number of questions the participant who answers the maximum questions
correctly in the least time, will be selected as the Winner.
Post selection of Winners the results will be uploaded
on http://one97.com/contest/SJ. One97 shall also make 5 consecutive attempts to
contact Winners over call to inform about the gratification and further process of
claiming
the
gratification.
The
Winner
will
have
to
claim
prize and submit the documents (required documents mentioned below) within 30
days when One97 uploads the results on website. It is the responsibility
of participants to check the result link provided on daily basis post completion of
contest to know the Winners. And further it is the responsibility of Winners to claim
their prize. The details required for claiming the prize shall be mentioned along
with Competition Winner list.
The prize will be rolled over to next eligible participant or forfeited, at the sole
discretion of Organizer and Winner agrees to surrender the prize if:
1.
The Winner does not claim the prize & or fail to submit all necessary
documents within 30 days; or
2. The Winner does not submit TDS (if applicable) amount within 20 days of
receipt of information from One97.
Post completing documentation process Winner will be informed (through telecalling) regarding
the modalities of the prize and distribution thereof. Delivery of prize will be subject to
the Winners giving the correct address and his/her availability there. In the event the prize cannot
be delivered, when specified that they will be delivered, due to reasons beyond the control of
One97, the Winners shall collect them from the nearest place specified by One97.
Note: If there is any delay in the verification of Grand / Zonal / Circle Winner due to certain reasons
such as verification documents pending, TDS pending etc. then this will delay the declaration of
final winner list.
8. All prizes will be given after deducting various taxes, license fees and charges as applicable.
9. All decisions of the Organizer in respect of all transactions under this Competition, including
without limitation the selection of Winners as certified by the Independent External Auditor
and other related transactions shall be final and binding and no complaints, claims,
correspondence or communication shall be entertained in this regard.
10. All prizes offered in this Competition are subject to availability. Organizer reserves the right to
provide alternate models or brands of the same value, for any of the prizes.
11. This Competition may contain factual references to the names of certain companies, products
and individuals. The Organizer and Vodafone India make no representation of having a
business relationship or tie up with any such companies, products or individuals. All trade
names shall continue to remain owned by their respective owners.
12. Any failure on the part of the Winner under this Competition to comply with directions issued
by the Organizer shall entitle the Organizer, at its discretion, to cancel and forfeit the prize for
the said Winner and the same prize will be given to the next eligible Winner and which shall
in the case of Grand Prize Winners, is limited up to 3 Winners. The prizes shall be distributed
only after and subject to confirmation of an existing Permanent Account Number (“PAN”) of
the Winner(s). All costs and expenses for collecting the prize unless otherwise specified shall
be borne solely by the Winners under this Competition and the prize shall not be transferable
and no request shall be entertained by the Organizer or Vodafone India for such transfer. In
the event the prizes cannot be delivered, when specified that they will be delivered, due to
reasons beyond the control of the Organizer, the Winners shall collect them from the place
specified by the Organizer.
13. The Competition Pack Members may send an email to [email protected] which will be
answered on working days, between Monday to Friday. All disputes must be addressed by
the Competition Pack Member in writing to One97 directly and Vodafone India shall not
entertain any communication in this regard.
14. By participating in this Competition, 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 the current
Competition and updates about current and upcoming competitions from the Organizer, as it
may in its sole and absolute discretion decide.
15. Organizer, Vodafone India and their respective affiliates shall be entitled to use, in any
manner, the details of the Competition Pack Members including the Information i.e. name,
photograph etc. for their sales, marketing and promotional purposes, including the prizes
awarded to them, if any. By participating in the Competition, participants consent to the
following information relating to them to be exchanged between Vodafone India, One97 and
their concerned vendors and/or published or otherwise communicated to in any media that
the Organizer may deem fit, for the purpose of Winner announcement: name, mobile phone
number, score and/or photograph. Organizer may, at its discretion, choose not to disclose the
identity of the selected Competition Pack Members to other Competition Pack Members
unless expressly mentioned herein. The Competition Pack Members also consent to the
information being shared by One97 with its affiliates and service providers and to the
information being processed and stored in the servers of One97 or its service providers, inside
or outside India.
16. Prize(s) under this Competition shall not be transferable. Cash alternative for the prizes above
maybe given at the sole discretion of the Organizer. Mere participation in the Competition
shall not entitle a Competition Pack Member to the prize. No other person or agent can claim
the prize on behalf of the Competition Pack Member unless otherwise expressly mentioned
herein.
17. A Competition Pack Member shall be considered ineligible if he/she does not confirm to the
conditions as stipulated in these Terms and Conditions, or cannot provide any of the required
documents as stipulated in Clause 18 herein.
18. All prizes must be claimed by the Winners, along with the documents specified herein below
within the specified timelines intimated by the Organizer. The documents required to be
submitted along with the claim by the Winners include the following (the document list is only
inclusive and not exhaustive and can change as per the requirements of law):
i.
Address proof (Voter ID / Driving License / Passport/electricity bill not older than 3
months /Telephone bill not older than 3 months etc)
ii.
Photo Id proof (Aadhar Card / Passport/Voter ID/Driving License etc)
iii.
One passport size photo
iv.
Affidavit declaration for acceptance of Prize (format will be communicated/share with
Winner)
v.
Post paid bill (for post paid user) (additional document)
vi.
DD equal to TDS amount in advance in favor of One97 Communications Ltd. (30% of
prize amount if exceeding Rs 10,000 as per applicable Income tax rules)
vii.
Submission of acknowledgement letter (as per the format that shall be provided
by Organizer) on receipt of the Prize(s)
viii.
PAN card copy self attached
19. Any prize 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 prize/s shall be paid by the Winner at the prevailing rate, unless
expressly specified otherwise. Further, all the Winners must furnish a valid Indian PAN Card
to claim the prize amount, or prize, irrespective of the value of the same, failing which the
Winners’ prize shall be forfeited, or the prize shall be rolled over to the next eligible Winner,
at the sole discretion of the Organizer.
*A Competition Pack Member earning prize in excess of INR 10,000 in a year in aggregate
from all competitions / offers conducted by One97 Communications Limited as one of the
organizers irrespective of the operator or other organizers will be subject to TDS under the
Income Tax Act, 1961.
20. Organizer and Vodafone India are not liable for any direct/indirect costs or expenses in relation
to the Competition which are to be borne by the Competition Pack Member personally,
including without any limitation applicable taxes to be borne by the Competition Pack
Members eligible for the prize.
21. The Competition Pack Members shall not have the right to claim any damages, loss or costs
from the Organizer and/or Vodafone India for delay in delivery of the prize(s) on any grounds
whatsoever. Vodafone India and/or One97 are neither responsible nor guarantee the quality
of the goods or services being offered as prize/s nor are they liable for any defect or deficiency
of goods or services so obtained or availed, by the Competition Pack Members under this
Competition. One97 and/or Vodafone are also not liable for any defect or deficiency in the
prize(s) so offered or availed by the Competition Pack Members under this Competition.
22. Organizer and Vodafone India are not liable for any loss or damage of any nature whatsoever
if incurred by the Competition Pack Members in connection with the Competition.
23. One97 will inform the TDS amount in advance to Winner. Winner will have to submit the DD
equivalent to TDS amount in favor of One97 Communications Limited. The Winner will receive
a TDS certificate in respect of the amount of TDS as per arrangement in Income Tax Act 1961.
24. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or
implied, are hereby expressly DISCLAIMED by Organizer and Vodafone India including, but
not limited to, meeting of the Competition Pack Member's requirements or aspirations,
timeliness, security, any delay or failure in time recorded or taken for answering a question
through voice mode including during the tie-breaker process due to technical snags including
network failure or system error the results or reliability of the Competition, the delivery, quality,
quantity, merchantability, or otherwise, the results or reliability of the Competition, 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 Competition or any transactions
effected through the Competition; (b) The Competition Pack Member expressly agrees that
his/her participation in the Competition offered by the Organizer is at the Competition Pack
Member'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 Competition shall be construed to mean the giving of any warranty of any kind
by the Organizer or Vodafone India.
25. The prize(s) to the Winners shall be given subject to compliance with all applicable statutory
legislations, processes or formalities in connection with the prize(s) and on production of all
such documents/papers as may be required by the Organizer mentioned herein before
accepting the delivery of the prize. Any failure on the part of the Winners to comply with
directions issued by the Organizer for claim of prize shall entitle the Organizer to forfeit the
prize(s) or the prize shall be rolled over to the next eligible participant, at the sole discretion
of the Organizer.
26. The prizes shall be handed over by the Organizer on receipt of all the documents, from the
Winners, required to process the distribution of the prize.
27. This offer under this Competition cannot be used in conjunction with any alternative offer or
promotion of a similar nature.
28. This Competition 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 Vodafone India and/or One97 (“Force
Majeure Event”). Neither One97 nor Vodafone India shall be liable for any delay or adverse
effect caused to Competition Pack or this Competition as a result of a Force Majeure Event.
One97 and/ or Vodafone India shall intimate the suspension of Competition Pack or the
Competition caused as a result of such Force Majeure Event to the Competition Pack
Members.
29. This Competition 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.
30. In the event of any discrepancy between these Terms and Conditions and the terms and
conditions of the Competition Pack, so far as the same impact the terms and conditions of
subscription to Competition Pack as are specifically provided on the Website, the terms and
conditions of the Competition Pack shall prevail. In the event of any such discrepancies
impacting the Terms and Conditions of this Competition, only these Terms and Conditions
shall prevail and override the terms and conditions of the Competition Pack.
31. Questions and their answers are designed/ sourced by One97, are as per their best
knowledge and information available and have been collected and framed with reasonable
prudence. In the event of any discrepancy / dispute regarding the questions or answers,
neither One97 nor Vodafone India nor any third party involved shall be liable towards any
Competition Pack Member in any manner.
32. By entering the Competition, You confirm and waive the applicability of rules and regulations
of the National Do Not Call Registry and You agree to receive promotional messages including
without limitation daily updates of Your score and such other updates of the current
Competition, promotional updates on the other contests/competition/s live at the same time
and any such competition/s as may be active for participation during the Competition Period.
Also, the Competition Pack Members may receive promotional updates from and at the sole
discretion of the Organizer, of the upcoming competition/s for 20 days from the date of
commencement of such upcoming contest/competition.
33. Neither Vodafone India nor One97 shall be responsible for any claims arising out of technical
failures before, during or after the completion of the Competition including but not limited to
any technical failures in the telephone lines, delay or failure in time recorded or taken for
answering a question through voice mode including during the tie-breaker process, any action
that has been initiated, actioned or completed through the Competition Pack Members mobile
phone, failure of servers or the failure to provide the correct Competition score updates or any
mistakes arising out of technical snags or resultant inability of the listener for participation.
Further, Vodafone India and /or One97 shall not be responsible for any claims arising out of
any failure(s) which is beyond the reasonable control of One97 or Vodafone India.
34. Organizer, Vodafone India nor 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 Competition Pack Member and/or any third party, directly or
indirectly, by use or non-use of the prizes offered in this Competition.
35. Organizer and Vodafone India reserve the right to extend, cancel, discontinue, prematurely
withdraw, change, alter or modify this Competition or any part thereof including the eligibility
criteria, the Terms and Conditions and prizes at their sole discretion at any time as may be
required including in view of business exigencies, changes by regulatory authorities, statutory
changes and for other reasons beyond its control. The latest revised version of the Terms and
Conditions shall be effective and binding on the Competition Pack Members from the time of
its posting on the Website. You are therefore advised to check this 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 the subscription to the Competition Pack and any other services offered on and/or
through Competition Pack. Your continued subscription to Competition Pack and/ or
participation in the Competition will constitute Your acceptance of the latest revised Terms
and Conditions.
36. Any Competition Pack Member providing any incorrect information, concealing or withholding
any information from the Organizer with an intent to participate and/or win the Competition will
automatically be disqualified from participating in it and winning the different categories of
prizes. Such act of providing incorrect information, concealing or withholding any information,
including without limitation incorrect declaration of information relating to name, age, identity,
address, mobile connection of the Vodafone India number, domicile, payment of outstanding
amount to Vodafone India or any other information provided by the Competition Pack Member,
shall entitle the Organizer to disqualify him/her without any further intimation.
37. The Competition Pack Members shall indemnify and keep indemnified Vodafone India and
One97 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 One97 or Vodafone
India may incur, pay or become responsible for as a result of breach or alleged breach of the
representations or obligations of the Competition Pack Members under the Terms and
Conditions, any failure by the Competition Pack Member participating in the Competition to
comply with applicable law and any third party claim in respect of misuse of any information
of a third party. Vodafone India and One97 shall have the right to defend themselves, pursuant
to this Clause, at the cost of the Competition Pack Member. The Organizer, Vodafone India
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 Winner or any
third party, whether in connection with the Competition Pack Members or the Competition.
38. The employees, agents, associates, distributors, dealers of the Organizer or Vodafone India
shall not be eligible to win any of the prizes offered in the Competition.
39. Vodafone India and Organizer may assign any or all of their rights under these Terms and
Conditions to their affiliates or to any third parties without consent of the Competition Pack
Members.
40. The Organizer and/or Vodafone India reserve the right, at any time, to unconditionally
disqualify any Competition Pack Member who tampers with or who in any way abuses the
process or Terms and Conditions of the Competition. Failure by the Organizer to enforce
any of the Terms and Conditions in any instance shall not be deemed to be a waiver of that
Term and Condition and shall not give rise to any claim by any person.
41. Any attempt by a Competition Pack Member to deliberately undermine the legitimate
operation of the Competition is a violation of laws and should such an attempt be made, the
Organizer and/or Vodafone India reserve the right to seek damages from any such
Competition Pack Member to the fullest extent permitted by law.
42. Failure by the Organizer to enforce any of the Terms and Conditions in any instance shall not
be deemed to be a waiver of that Term and Condition and shall not give rise to any claim by
any person. The decision of the Organizer shall at all times be binding and final.
43. Organizer and Vodafone India do not make any commitment, express or implied to respond
to any feedback, suggestion and/or queries of the Competition Pack Members.
44. This Competition is being made purely on a “best endeavor” basis and participation of eligible
Competition Pack Members is voluntary, and subject to acceptance of these Terms and
Conditions.
45. Organizer, Vodafone India and their officials including their directors, officers, partners,
employees, consultants and agents are under no obligation to render any advice or service to
any Competition Pack Member in respect of the Competition.
46. A. Winners (including spouses of winners and immediate/first blood relatives of Winners) of
previous contests organized by Organizer for Vodafone who have won a Bumper / First /
Grand prize shall not be eligible for the Bumper / First / Grand prize under this Competition
and Winners agree to provide an undertaking to the effect that his/her spouse or
immediate/first blood relatives of winners are not the winners of Bumper / First / Grand Prize
of previous contests organized by Organizer for Vodafone;
B. Winner, who is found to have made a false claim under sub clause (A) supra, does hereby
agree to:
(a) Allow Organizer to recover the prize (referred in sub-clause (A) supra); and
(a) Completely indemnify Organizer, including any cost thereof, if declaration made in sub
clause (A) supra is found false or incorrect.
46. If the same person having different MSISDN has been selected more than once, in such
event he /she will be awarded only one prize. A participant will be entitled to win only once
during the entire Competition Period. If a participant is declared as Winner in more than one
category/period then he/she shall be entitled to only one highest prize/reward amongst
different prize/rewards across category/period. This restriction shall not apply to daily
recharges.
47. You, the Competition Pack Member, acknowledge and agree that all copyright and
trademarks and all other intellectual property rights in the SMS content, WAP Link, Website
and all material or content related to the Competition shall remain, at all times, owned by
One97, Vodafone India or its 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, WAP Link or any information disseminated by SMS or
any other means of communication is strictly prohibited.
48. Nothing in the Competition shall affect any intellectual property rights of the Organizer or
Vodafone India or any of their affiliates in any product or service made available on the
Website.
49. Apart from the entitlement to the aforementioned prizes, the Winners or their legal heirs,
successors or representative will have no other rights or claims against Vodafone India and/or
One97, unless otherwise expressly provided hereunder.
50. By participating in the Competition, the Competition Pack Members consent to the following
information relating to them to be exchanged between Vodafone India, One97 and their
concerned vendors and/or published or otherwise communicated to in any media that the
Organizer may deem fit, for the purpose of Winner announcement: name, mobile phone
number, score and/or photograph.
51. The Competition Pack Members hereby irrevocably authorize Vodafone India, that the data
gathered during and/or after the Competition in respect of the Competition Pack Members
(including Competition Pack Member name and photograph etc.) shall be used by Vodafone
India and its subsidiaries in its any communications including marketing promotions and
advertisements along with/without Vodafone India’s brand.
52. The Winner’s name will be announced as registered in the system of Vodafone India.
53. The Winner shall not be entitled to the prize, in case he/ she fails to clear all outstanding dues
payable to Vodafone India and / or is not an active Subscriber of Vodafone India on the date
of claiming the prize/s.
54. The provisions of this service, the Competition and any other promotional endeavour may not
be used for any commercial purpose by any Competition Pack Member.
55. Rule Violation: Based on all the above mentioned rules in the Terms and Conditions if any
rule is violated due to any technical reason then no extra benefit will be granted to the
participant.
56. These Terms and Conditions are subject to laws of India. Any disputes or any matter arising
here from will be referred to a Sole Arbitrator to be appointed by Vodafone and One97
mutually, whose decision shall be final and binding on the parties. The place of Arbitration
shall be at New Delhi.
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