TERMS AND CONDITIONS GOVERNING THE CHALLENGE HARDY GAMES IS A
PROMOTIONAL ACTIVITY ORGANIZED BY ONE97 COMMUNICATION LIMITED IN
ASSOCIATION WITH BHARAT SANCHAR NIGAM LIMTED
- INTRODUCTION
THE CHALLENGE IS AN OPTIONAL CHALLENGE CONCEPTUALIZED, ORGANIZED AND HOSTED BY ONE97
COMMUNICATION
LIMITED,A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT
,1st FLOOR, DEVIKA TOWER, NEHRU PLACE, NEW DELHI – 110019 AND ITS CORPORATE
OFFICE AT
SKYMARKONE (ONE SKYMARK), PLOT NO H-10, TOWER D, SECTOR-98, NOIDA, DIST-GAUTAM BUDH NAGAR, UTTAR
PRADESH
(HEREINAFTER REFERRED TO AS “ONE97” OR
“ORGANIZER”) FOR THE ELIGIBLE RIGHTFUL SUBSCRIBERS OF BHARAT
SANCHAR NIGAM
LIMITED, (HEREINAFTER REFERRED TO AS “BSNL”).
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.
THE FOLLOWING TERMS & CONDITIONS SHALL BE APPLICABLE TO ALL BSNL PREPAID SUBSCRIBERS
PARTICIPATING IN
THE CHALLENGE KNOWN AS “HARDY GAMES”
(“CHALLENGE”) DURING THE CHALLENGE PERIOD AS MENTIONED HEREIN.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THIS CHALLENGE
KNOWN AS
“HARDY GAMES”. BY PARTICIPATING IN THE CHALLENGE, 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 CHALLENGE.
FOR THE PURPOSES OF THESE TERMS AND CONDITIONS, WHEREVER THE CONTEXT SO REQUIRES
“YOU” OR
“YOUR” SHALL MEAN ANY NATURAL PERSON WHO BEING AN ELIGIBLE SUBSCRIBER HAS
PARTICIPATED IN
THE CHALLENGE.
- DEFINITIONS
- “Subscriber” shall mean the rightful user of the BSNL mobile
connection who is on prepaid subscription, in whose name the mobile phone number (MSISDN) is
registered with BSNL. In the event the user number / connection is registered in the name of
a company/ firm, the employee who is authorized to use the MSISDN shall submit a No
Objection Certificate (NoC) and authorization letter of the employer duly permitting the
employee to use the number for subscribing for this Challenge and accept the terms
applicable herein. This shall not be applicable on Recharge prize.
- “Organizer” under this T&C shall mean ONE97 who shall be
responsible for conceptualizing, organizing and hosting this Challenge.
- “Active Subscriber” shall mean a Subscriber who uses the
Subscriber Identity Module (“SIM”) of BSNL on a regular basis for purposes other
than to participate in any offer or Challenge offered by BSNL.
- “Circle(s)” shall mean BSNL Telecom Service Areas.
- “Affiliate” shall mean, with respect to a Party, any entity
directly or indirectly Controlling or Controlled by, or under direct or indirect common
Control with such Party. For the purposes of this definition, ‘Control’,
‘Controlled’ or ‘Controlling’ shall mean, with respect to any
entity, any circumstance in which such entity is controlled by another entity by virtue of
the latter entity controlling the composition of the Board of Directors or owning the
largest or controlling percentage of the voting securities/rights of such entity or by
virtue of any contractual arrangements or otherwise.
- “Challenge Pack Member(s)” or
“Participants” means (i) Active Subscribers who meet the
eligibility criteria specified in these Terms and Conditions, (ii) who belong to Circle(s)
and have successfully activated, and (iii) who are subscribed to the Challenge Pack as
described in the subscription process hereunder.
- “Eligible Subscriber” shall mean an Active Subscriber of
BSNL satisfying the following criteria at the time of participation and during continuation
of Challenge:
- He/she must be of at least 18 years of age;
- He/she must be a citizen of India;
- He/she must be an Active Subscriber of BSNL;
- He/she must be responsible to recharging with STV118, PV153, PV199, STV347, STV599, PV997, PV1999 and PV2399 and
activate subscriber to the Challenge Pack and thereby become a Challenge Pack
Member. He/she must belong to any of the telecom service areas mentioned below;
- He/she must not be of an unsound mind;
- He/she must not be under any legal disability e.g. insolvency, restraint by court
orders etc. and / or is prohibited from entering any contractual relationship; and
- He/she must not have been subject of any criminal proceeding;
- The Challenge will be known by and be made available in the below mentioned languages on WAP
platform only: English.
- Further, the Challenge Pack Members who participate in the Challenge and are chosen as
winners of each category of prizes in accordance with the winner selection process under the
Terms and Conditions of the Challenge shall be required to be the registered BSNL
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 winning mobile number, the
Organizers reserves the right to award the prize to the next eligible Winner or to forfeit
the prize, at its sole discretion.
- The employees of the Organizers and or their group companies, affiliate or associate
companies and their relatives/ dependents (First blood/Spouse of immediate member) shall not
be eligible to participate in this Challenge. If found otherwise, then the Organizers
reserves the right to forfeit the prize. If an employee of the Organizers leaves the
organization when the Challenge is launched or leave during Challenge Period/ before Winner
list announcement / after Winner’s list is announced, the employee will not be
eligible to participate in the Challenge.
- The Organizers and/or BSNL reserve and retain the right, at any time, to unconditionally
disqualify any Participant who tampers with or who in any way abuses the process or Terms
and Conditions of the Challenge. It is hereby clarified to Participants that the
Organizers and/or BSNL may disqualify, suspend, block or terminate the participation of any
Subscriber or Participant at any stages of Challenge for any reasons where it is found to
Organizers and/or BSNL that participation of the Subscriber or Participant is not (i) bona
fide; (ii) genuine; or (iii) in the interest of the Challenge. The decision of the Organizer
and/or BSNL shall at all times be binding and final and no correspondence or communication
shall be entertained in this regard. Failure by the Organizer or BSNL 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.
- CHALLENGE PERIOD
- This is a limited period Challenge for Eligible Subscribers of BSNL, available from
17th
April,, 2024, 00:00:01 hours to 13th October,, 2024, 23:59:59 hours, both days
inclusive
(“Challenge Period”).
- Organizer and BSNL reserves the right to extend or shorten the Challenge Period, as it deems
fit.
- CHALLENGE AREA
Kindly refer to Exhibit A.
- CHALLENGE DETAILS – ACTIVATION, STEPS, RESTRICTIONS AND DEACTIVATION
Refer Exhibit B.
The charges paid by the subscribers are towards the service and no additional charge is collected
from
the subscriber for participating in the Challenge.
- PRIZES AND WINNER SELECTION PROCESS
- Please refer to Exhibit C for details of prizes.
- In case of increase in the value of any prize, the incremental difference shall be borne by
the Winner. In an event where the Participant is unable to bear such incremental difference
of the prize, then the prize shall be considered to be surrendered and as per the terms set
out herein and the Organizers reserves the right to award the prize to the next eligible
Winner or to forfeit the prize, at its sole discretion.
- Prize/rewards contained herein are applicable only for the Participants who are scoring
points by playing the Challenge.
- The selection criteria, of the Winner of the Challenge, shall take place
after completion of the Challenge and prize/rewards shall be distributed thereafter. Winner
selection will be done based on the following criteria in the order as mentioned below:
- Highest Score – The Participant with highest score and;
- Shortest Possible Time – The Participant who took least
time to answer
the questions would be selected as the Winner.
- The time taken for answering a question on WAP channel is calculated from the time the
Organizer’s system displays the question on customer handset till the answer is
received by the system.
- A Subscriber may be eligible to win more than one Prize during the Challenge Period,
provided he/she meets the scoring criteria, as per the table under Exhibit C, of the
respective Prizes and gets selected.
- All the Winners shall be chosen in accordance with the Winner selection process duly
certified by an Internal Auditor appointed by the One97 and decision of
Internal Auditor shall be final and binding on the Participants.
- Without prejudice to the foregoing, the Participant shall not hold the Organizer, the
Internal Auditor or BSNL liable for the Winner selection process under this Challenge.
- Post selection of Winners the results will be uploaded
on https://one97.com/contest/BSNL/winners/winners.html and the Winners will be informed
by the way of phone call and/or SMS and/or email (“Communication”). The
Organizer shall make 5 consecutive attempts to contact Winners over call to inform
about the prizes and further process of claiming the prizes. The Organizer shall maintain
requisite record w.r.t. the Communication made in this regard. The Winner will
have to submit the documents (required documents mentioned below) within 30 days
post the Organizer contacts the winner through Call or SMS or email. It is the
responsibility of the Participant to check the result link provided or email/SMS on
daily basis post completion of Challenge 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 Challenge Winner list.
- The prize will be rolled over to next eligible Participant or forfeited, at the sole
discretion of the Organizer and Winner agrees to surrender the prize if:
- The Winner does not claim the prize or fails to submit all necessary
documents
within 30 days post the Organizer contacts the winner through Call or SMS
or
Email.
- The Winner does not submit TDS (if applicable) amount within 20 days of
receipt of
information from the Organizer.
- The Winner is disqualified for tampering with or abusing the process or any Terms
and Conditions
of the Challenge or for any other valid reason deem fit by the Organisers in the
genuine
interest and fairness of the Challenge.
- In all cases or any issues related to Winner’s liability on TDS amount, the
Organizer’s decision will be final.
- Post completing the documentation process, the Winner will be informed (through
tele-calling) 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 due to reasons beyond the control of the
Organizer, the Winner(s) shall collect them from the nearest place, specified by
the
Organizer, at their own cost. The Organizer will not be liable to reimburse the cost so
incurred
by Winner - whether travel, accommodation or any other cost.
Note: If there is any delay in the verification of probable winners for
any prize
category (as decided by the organizer) due to certain reasons such as verification
documents pending,
TDS pending, etc. then this will delay the declaration of final Winner list. The
Organizer will not be
responsible for this delay. For avoidance of any doubts, the final Winner list shall be
published only
after successful verification of documents submitted by the Winners.
- Winner, who is found to have made a false claim under sub clause (13) supra, does hereby
agree
to:
- Allow the Organizer to recover the Prize (referred to in sub-clause (13) supra); and
- Completely indemnify the Organizer, including any cost thereof, if declaration made
in sub clause
(13) supra is found false or incorrect.
- A MSISDN can win weekly, or monthly prize only once in entire contest duration. If a MSISDN
has been selected for monthly prize, then he/she shall not be eligible for weekly prize of
that month.
- All prizes will be given after deducting various taxes, license fees and charges as
applicable except as otherwise stated in writing.
- All decisions of the Organizer in respect of all transactions under this Challenge,
including without limitation the selection of Winners as certified by the Internal Auditor
and other related transactions shall be final and binding and no complaints, claims,
correspondence or communication shall be entertained in this regard. BSNL has no role in the
selection of Winners or prizes in this Challenge.
- The list of the Winners of the prizes will be announced and published on
https://one97.com/contest/BSNL/winners/winners.html after the end of the Challenge and
after all the Winner selection process are completed.
- All prizes offered in this Challenge will be sponsored and distributed by the Organizer or a
designated third party.
- Any failure on the part of the Winner under this Challenge 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 Bumper 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), submission of necessary
documents and compliance of any such condition as expressly mentioned herein. All costs and
expenses for collecting the prize unless otherwise specified shall be borne solely by the
Winners under this Challenge and the prize shall not be transferable and no request shall be
entertained by the Organizer for such transfer under any circumstances.
- Mere participation in the Challenge shall not entitle a Participant to the prize. No other
person or agent can claim the prize on behalf of the Participant. Except in cases where the
Organizer approves the representative to claim/collect the prize and the representative
furnishes the documents as may be required by the Organizer. Further, only registered BSNL
Challenge Pack Members of the winning mobile phone number can be Winners and not merely the
players using such mobile numbers.
- Without prejudice to the foregoing, under no circumstance shall the Winners of the Challenge
be entitled to redeem any category of prize for cash. The Organizer, at its sole discretion,
shall not provide a cash alternative to any of the prize being offered in this
Challenge.
- 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 or by
Organizer):
- Address proof (Voter ID / Driving License / Passport/electricity bill not older than
3 months /Telephone bill not older than 3 months etc).
- Photo Id proof (Aadhaar Card / Passport/Voter ID/Driving License etc).
- One passport size photo.
- Affidavit declaration for acceptance of Prize (format will be communicated/shared
with Winner).
- Post paid bill (for post paid user) (additional document).
- Submission of acknowledgement letter (as per the format that shall be provided by
the Organizer) on receipt of the Prize(s).
- PAN card copy self-attached
- For Bumper Prize or equivalent prize Winners of previous Challenge of Hardy Games -
Affidavit on a non-judicial stamp paper of appropriate value that he / she
(including spouse of Winners and immediate/first blood relatives of Winners) has not
won any Bumper prize or equivalent prize in previous Challenge Hardy Game organized
by the Organizer for BSNL. Further, Winners of Bumper Prize or equivalent prize
shall provide declaration that winner does not share the same address with Winners
of previous Challenge of Hardy Games organized by the Organizer for BSNL who have
won a Bumper Prize.
- In the event the number is registered in the name of a company or firm, the employee
who is authorized to use the MSISDN shall submit:
- No Objection Certificate and
- Authorization letter of the employer.
- Letter of compliance with rules and regulations and declarations in the format as
may be required by the Organizer or applicable laws.
- Every Winner has to provide his/her photograph and detail interview while receiving
prize.
- In the event, it is found or comes to the knowledge of the Organizer that Participant and/or
Winner submitted inaccurate/ misleading details/ or information as requested by the
Organizer as stated herein or in future course of action, the Organizer reserves the right
to forfeit the prize handed over to the Winner(s) and/or to be handed over to Winner(s) and
take the required legal action against them.
- Neither BSNL nor the Organizer is responsible for guarantees or warranties of the quality of
the goods or services being offered as prizes nor is it liable for any defect or deficiency
of such goods or services so awarded to the Winners under this Challenge. Participant
further understands that the goods provided as prize may carry manufacturer’s
guarantee and in case of any deficiency in the goods, Winners will contact the manufacturer
only. Any and all claims regarding the quality or service of the prize shall be made by the
Winner to the Manufacturer.
- Any prize of value in excess of INR 10,000 per Challenge* 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 Winner earning prize in excess of INR 10,000/- Per Challenge in aggregate from all
Challenges /offers
conducted by the Organizer irrespective of any specific operator will be subject to TDS
under the Income
Tax Act, 1961.
- All gratification will be given after deducting various taxes, license fees and charges as
applicable. All incidental costs (i.e. insurances, transfer fees, registration fees, and all
the
expenses incurred over and above on the road price etc., in case of vehicle/car offered as
gratification) /taxes/levies related to the gratification(s), if any, shall be exclusively
borne
by the Winner including but not limited to TDS, Gift tax (if any), road tax, insurance as
may be
applicable and any other taxes levied by the Central, State or Municipal government.
- In case the specified model or type of gratification offered under this Challenge is
discontinued or not available during or after the Challenge, the Organizer shall at its own
discretion offer another gratification of the same value which may or may not be of the same
colour / brand. If the Winner wants the exact same gratification of the same colour/brand
mentioned in this Challenge and if the value of the gratification increases during or after
the
Challenge or at the time of gratification distribution or Winner announcement period, the
Organizer will only pay the value of the gratification announced as per this T&C’s
that was during the launch of the Challenge, post TDS deduction and the Winner has to pay or
bear the extra amount including the applicable taxes. The Gratification amount shall be
given by
way of cheque in the name of the dealer from whom the said gratification is being purchased.
The
color/brand of the gratification shall be strictly as per availability.
- BSNL and the Organizer is not liable for any direct/indirect costs or expenses in relation
to
the Challenge which are to be borne by the Participant personally, including without any
limitation the costs of collecting prizes or applicable taxes to be borne by the Participant
entitled to the prize.
- The Participant shall not have the right to claim any damages, loss or costs from the
Organizer
and/or BSNL for delay in delivery of the prize(s) on any grounds whatsoever. The Organizer
and /
or BSNL are not liable for any loss or damage of any nature whatsoever if incurred by the
Participant in connection with the Challenge.
- 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, and satisfactory verification
thereof by the Organizer.
- Questions and their answers are designed/ sourced by the Organizer, as per their best
knowledge
and information available in public at large and have been collected and framed with
reasonable
prudence. The answers are based on largely known facts and any exceptions are not
considered. In
the event of any discrepancy / dispute regarding the questions or answers, neither the
Organizer
nor BSNL nor any third party involved shall be liable towards any Participant in any manner.
- All incidental costs, expenses, taxes or levies related to the Prize(s), if any, shall be
exclusively borne by the Winner, including but not limited to TDS, gift tax (if any),
Insurance,
registration fees and any other taxes applicable by the Central, State or Municipal
government.
To avail and/or use the prize, Winner shall be solely liable for all applicable regulatory
and
statutory compliances including but not limited to any costs involved.
- Any Participant providing any incorrect information, concealing or withholding any
information
from the Organizer with intent to participate and/or win the Challenge 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 BSNL number, domicile, payment of outstanding amount to BSNL or any other
information provided by the Participant, shall entitle the Organizerto disqualify him/her
without any further intimation. The Organizer agrees that BSNL does not have any liability
or
responsibility with respect to any information furnished by a Subscriber to the
Organizer.
- Apart from the entitlement to the prizes mentioned herein, the Winners or their legal heirs,
successors or representative will have no other rights or claims against BSNL and/or the
Organizer, unless otherwise expressly provided hereunder.
- The Winner’s name will be announced by the Organizer along with Internal Auditor, as
registered in the system of BSNL.
- The Winners shall not be entitled to their respective prize, in case he/ she fails to clear
all
outstanding dues payable to BSNL and / or is not an Active Subscriber of BSNL during
Challenge
Period and on the date of claiming the prize/s.
- In event of the death of the Winner, the prize if any may be awarded by the Organizer to the
legal heirs/successors of the deceased Winner at sole discretion of the Organizer. The
Organizer
shall have the rights to call for such documentary evidence before handing over the prize to
the
legal heirs/successors as it deems fit and in case of no documentary proof or evidence of
Successors legal right the prize shall be transferred to next eligible winner.
- The Organizer reserves the right to rolled over to next eligible Participant or forfeit the
prizes, at its sole discretion, under the following circumstances:
- If documents as mentioned herein are not submitted within 30 days
- If TDS (if applicable) not submitted within 20 days.
- If documents provided are found to be inaccurate/misleading.
- If Winner is unwilling to claim/accept the prize.
- If the Winner is not reachable / non-contactable after Organizer has attempted to
make a
Communication with the winner.
If the Winner 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 Winner to comply with directions issued by
the Organizer
for claim of prize shall entitle the Organizer to forfeit the prize(s) or roll the prize
over to the
next eligible Winner, at their sole discretion.
- MNP will be applicable in case of participant is porting from one circle to another circle
within BSNL during the Challenge Period while keeping his mobile number same, then he/she
shall
be considered as eligible for respective Zone/National/Circle Group prize where the number
will
be registered at the time of winner selecting process.
- To be eligible to claim the prizes of the Challenge, the winning MSISDNs have to be Active
Subscriber of BSNL during Challenge Period and at the time of the Winner announcement.
- Prizes will be delivered against production of valid documents evidencing identity of
Winners;
- Winner will be decided basis above mentioned method by the Organizer. By participating in
the
Challenge the Participant agrees to be bound by the Winner selection process adopted by BSNL
and
the Organizer & shall not raise any dispute in this regard in any manner whatsoever.
- Contestants are requested not to use any abusive/inappropriate language on any queries done
on
email i.e. support.hardygames@paytm.com, else One97 hold the right to not to respond to such
queries raised by the customers.
- MODIFICATION AND WITHDRAWAL OF TERMS AND CONDITIONS
- The Organizer and/or BSNL reserves the right to extend, cancel, discontinue, prematurely
withdraw,
change, alter or modify these Terms & Conditions of the Challenge or any part thereof at
any
time during the Challenge Period and without prior notice to You, including the eligibility
criteria, the prizes at its sole discretion as may be required in view of business
exigencies,
authorities, changes by regulatory authority and/or statutory changes and for other reasons
beyond
its control. The Organizers reserves the right to issue clarification or alter or modify
these Terms
& Conditions of the Challenge or any part thereof, any time prior to declaration of
Winners
List, if the same is required to clear ambiguities or in the bonafide, fair and genuine
interest of
the Challenge.
- If Organizer modifies these Terms, the latest revised version of the Terms and Conditions
shall be
effective and binding on the Participants from the time of its posting on the Website
https://hardygame.com/hardycontestV2/tnc. You are therefore advised to check these websites
regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the
event the
modified or amended Terms and Conditions are not acceptable to You, You should discontinue
participating in the Challenge. Your continued participation in the Challenge will
constitute Your
acceptance of the latest revised Terms and Conditions.
- DISCLAIMERS
- You agree that this Challenge is being made purely on a “best endeavour” basis
and
subject to acceptance of these Terms and Conditions. Your participation in the Challenge is
voluntary and You expressly agree to participate at your sole risk. BSNL and the Organizer
shall not
be responsible for any loss, injury or any other liability to any Participant arising due to
participation in the Challenge.
- To the extent you choose to participate in this Challenge, you do so at your own initiative
and You
shall remain responsible for compliance with the Terms and Conditions herein, any applicable
laws,
including but not limited to applicable local laws. You agree not to hold BSNL and the
Organizer,
its officers, directors, employees, affiliates, and agents or representatives liable for any
direct,
indirect, incidental, special, punitive or consequential damages, including loss of profits,
incurred by the Winner or any participant or third party, in connection with the Challenge
or
arising otherwise.
- Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or
implied,
are hereby expressly disclaimed by the Organizer and BSNL including, but not limited to,
meeting of
the Participant’s requirements or aspirations, timeliness, security, any delay or
failure in
time recorded or taken for answering a question through Wap mode including during the
tie-breaker
process due to technical snags including network problems or system error, the results or
reliability of the Challenge, 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 Challenge or any transactions effected through the Challenge; (b) The Participant
expressly
agrees that his/her participation in the Challenge offered by the Organizer is at the
Participant’s sole risk and is governed by the Terms and Conditions herein; and (c) No
advice
or information whether by representations, oral, written or pictorial derived from the
Website or
through the Challenge shall be construed to mean the giving of any warranty of any kind by
the
Organizer or BSNL.
- Neither BSNL nor the Organizer shall be responsible for any claims arising out of technical
failures
before, during or after the completion of the Challenge including but not limited to any
technical
failures in the telephone lines, delay or failure in time recorded or taken for answering a
question
through Wap mode including during the tie-breaker process, any action that has been
initiated,
actioned or completed through the Subscriber mobile phone, failure of servers or the failure
to
provide the correct Challenge score updates or any mistakes arising out of technical snags
or
resultant inability of the listener for participation. Further, BSNL and /or the Organizer
shall not
be responsible for any claims arising out of any failure(s) which is beyond the reasonable
control
of the Organizer or BSNL. In case if there is a technical failure in the system and
participants are
able to play the questions more than what they are eligible to play for each day and crosses
the per
day limit then the Organizer has the sole discretion to disqualify the winner and
forfeit/recover
the prize money, forfeit the Challenge or declare the runner up as winner.
- The Participant shall indemnify and keep indemnified BSNL and the Organizer and their
officers,
directors, employees, and affiliates 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 Organizer or BSNL may incur, pay or become
responsible for as a result of breach or alleged breach of the representations or
obligations of the
Participant under the Terms and Conditions, any failure by the Participant participating in
the
Challenge to comply with applicable law, any infringement of intellectual property rights of
the
Organizer and/or BSNL and any third party claim in respect of misuse of any information of a
third
party. BSNL and the Organizer shall have the right to defend themselves, pursuant to this
Clause, at
the cost of the Participant.
- The Organizer, BSNL nor any of their group entities or affiliates, their respective
directors,
officers, employees, vendors, representatives, shall not be liable for any action, claim,
demands,
losses, cost, charges, expenses or damage whatsoever that may be suffered, or for any
personal loss
or injury that may be suffered (including loss of life) or incurred or claim to suffer, by a
Subscriber and/or any third party, directly or indirectly, by use or non-use of the prizes
offered
or on account of their participation in this Challenge.
- Any attempt by a Participant to deliberately undermine the legitimate operation of the
Challenge is
a violation of laws and should such an attempt be made, the Organizer and/or BSNL reserve
the right
to seek damages from any such Participant to the fullest extent permitted by law.
- The Organizer and BSNL do not make any commitment, express or implied to respond to any
feedback,
suggestion and/or queries of the Participants.
- The Organizer BSNL and their officials including their directors, officers, partners,
employees,
consultants and representatives are under no obligation to render any advice of service to
any
participant in respect of the Challenge.
- INTELLECTUAL PROPERTY RIGHTS
- You, the Participant, 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 Challenge shall remain, at all times, owned by the Organizer, BSNL 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.
- Nothing in the Challenge shall affect any intellectual property rights of the Organizer or
BSNL or
any of their affiliates in any product or service made available on the Website.
- By participating in the Challenge, You confirm to abide by all intellectual and industrial
property
rights, including copyrights or trademarks belonging to BSNL and the Organizer and to any
third
party content licensor to BSNL that is made available through the Challenge.
- GENERAL TERMS AND CONDITIONS
- By participating in this Challenge, You confirm that you have read understood and agreed to
confirm
to these Terms and Conditions; You also warrant the accuracy, truthfulness and currency of
all
information that you have submitted while participating in the Challenge;
- This awards under this Challenge cannot be used in conjunction with any alternative award or
promotion of a similar nature;
- The provisions of this service, the Challenge and any other promotional endeavour may not be
used
for any commercial purpose by any Subscriber.
- 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.
- Points obtained in this Challenge will be valid for this Challenge only & will not be
carried
forwarded to new or any other Challenge.
- The Participant may contact the Organizer for any queries/complaints by sending an email to
support.hardygames@paytm.com which will be answered between 9:30 am to 6:30 pm on working
days,
between Monday to Friday. All disputes must be addressed by the Participant in writing to
the
Organizer directly and BSNL shall not entertain any communication in this regard. Further,
any
information that the Participant may request in connection with the Challenge, may be
provided by
the Organizer to the Participant, at the sole and absolute discretion of the Organizer,
depending on
the nature of the information requested, and any such information may be provided only
during a
period of 60 days from the end of the Challenge. No such request shall be entertained
thereafter.
The Organizer further clarify that any information requested by any Subscriber shall only
concern
that Subscriber and under no circumstances will the Organizer provide confidential
information or
information pertaining to other Subscriber (s).
- Upon participating in the Challenge, the Subscriber confirm and waive the applicability of
rules and
regulations of the National Do Not Call Registry to the extent of receiving messages in
relation to
this Challenge and shall imply their willingness to receive all promotional messages
including
without limitation daily updates on the score under the current Challenge and engagement
calls /
SMS, promoting the new Challenge. The participant will be informed about the next Challenge
to be
launched after the end of the Challenge. They can at any given point of time deactivate from
the
Challenge.
- Also, by participating in this Challenge, You:
- Agree to the Terms and Conditions mentioned below and give Your consent for the
same;
- Agree that You are entering into this Challenge as an independent party and nothing
herein establishes an employer-employee relationship between You and BSNL or between
You and the Organizer and You are acting voluntarily, using Your own time and
resources to participate in this Challenge, solely at Your own risk;
- Warrant that You have read, understood and agreed to confirm 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 Challenge, it shall be deemed that You have
read and have agreed to be bound by the Terms and Conditions herein and the terms
and conditions of the Challenge Pack.
- Force Majeure – This Challenge is subject to force majeure
circumstances
including without limitation, floods, natural disasters, war, act of terror, political
unrests,
technical snags, act of God or any circumstance beyond the reasonable control of BSNL
(“Force
Majeure Event”). BSNL and the Organizer shall not be liable for any delay or adverse
effect
caused to Participants as a result of a Force Majeure Event. BSNL shall intimate the
suspension of
the Challenge caused as a result of such Force Majeure Event to the Participants.
- BSNL and the 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 Participants.
- The Organizer and BSNL shall be entitled to use, the details of the Participant such as
name,
photograph, the prizes awarded to them etc. for their marketing purposes, if any. The
Participant
also hereby agree to the same. The Organizer may, at its discretion, choose not to disclose
the
identity of the Participant to other Participant unless expressly mentioned herein. The
Participant
also consent to the information stored in the servers of the Organizer or its service
providers,
inside or outside India.
- The Terms and Conditions stated herein shall not override the terms and conditions of the
Subscriber
Enrolment Form i.e. Enrolment Form filled at time of SIM Activation of Challenge Pack
member. This
Challenge is subject to guidelines/directions issued by Telecom Regulatory Authority of
India
(TRAI), Department of Telecommunications (DOT) or any other statutory authority from time to
time.
- You agree that BSNL has no responsibility and liability with regard to the privacy, safety
and
security of any information (including personal information) that You may have to share
independently with third parties.
- By participating in the Challenge, You confirm that you are entering into this Challenge as
an
independent party and nothing herein establishes an employer-employee relationship between
you and
BSNL and you are acting voluntarily, using your own time and resources to participate in
this
Challenge, solely at your own risk.
- This Challenge may contain factual references to the names of certain companies, products
and
individuals. The Organizer and BSNL 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.
- 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 BSNL and the Organizer
mutually, whose
decision shall be final and binding on the parties in accordance with arbitration proceeding
under
the Arbitration and Conciliation Act, 1996 and amendment thereof. The place of Arbitration
shall be
at Mumbai. The language of Arbitration Proceeding shall be English.
EXHIBIT A
CHALLENGE AREA
The Challenge is valid in below telecom circle and region/zone –
S.no.
|
Circle
|
Zone
|
1
|
PUNJAB
|
NORTH
|
2
|
DELHI
|
NORTH
|
3
|
RAJASTHAN
|
NORTH
|
4
|
HARYANA
|
NORTH
|
5
|
HIMACHAL PRADESH
|
NORTH
|
6
|
JAMMU & KASHMIR
|
NORTH
|
7
|
UTTAR PRADESH EAST
|
NORTH
|
8
|
UTTAR PRADESH WEST
|
NORTH
|
9
|
WEST BENGAL
|
EAST
|
10
|
ORISSA
|
EAST
|
11
|
ASSAM
|
EAST
|
12
|
BIHAR
|
EAST
|
13
|
NORTH EAST
|
EAST
|
14
|
KOLKATA
|
EAST
|
15
|
JHARKHAND
|
EAST
|
16
|
ANDHRA PRADESH
|
SOUTH
|
17
|
KARNATAKA
|
SOUTH
|
18
|
KERALA
|
SOUTH
|
19
|
TAMIL NADU
|
SOUTH
|
20
|
CHENNAI
|
SOUTH
|
21
|
MADHYA PRADESH
|
WEST
|
22
|
MUMBAI
|
WEST
|
23
|
GUJARAT
|
WEST
|
24
|
MAHARASTRA
|
WEST
|
Notwithstanding the foregoing, if the operation of or participation in the Challenge is prohibited in any
State and/or territory or part thereof as per applicable law, notification or any order issued in any
State /Territory by the respective Government, the Subscribers from such State and/or territory or part
thereof shall not be eligible to subscribe or to participate in the Challenge. No further notice shall
be given by BSNL or the Organizer in this regard.
EXHIBIT B
- Eligibility for Participation:
- BSNL subscriber recharging with STV118, PV153, PV199, STV347, STV599, PV997, PV1999 and PV2399 will be eligible to
participate
in the Challenge period.
- Hardy Games Details: INR-769 for 84 days validity & shall provide you 769 coins, INR-269 for 28
days validity & shall provide you 269 coins and INR-186 for 28 days validity & shall provide
you186 coins.
- The eligible Subscribers can click to following link to
access the games www.hardygame.com
- BSNL Subscriber recharge with any of the following denominationSTV118, PV153, PV199, STV347, STV599, PV997, PV1999 and PV2399 is
successful then he/she will be eligible to get the free 100 coins, the eligible Subscribers can
avail the free coins by visiting the hardygame wap portal i.e. http://hardygame.com. These free coins are offered only once for
the 1st time Subscribers across all the season of the hardygame contest.
- Subscribers can play the contest during the STVs pack validity period subject to contest Challenge
Period.
- Duration of the contest period is 180 days.
- Challenge on WAP:
- Challenge will be available on WAP for all subscribers who get a recharge done for defined
Challenge
Pack denomination with recharge STV118, PV153, PV199, STV347, STV599, PV997, PV1999 and PV2399 and the subscribers can play
by
clicking following WAP URL www.hardygame.com
- Eligible customers can play the Challenge till the validity of the recharged amount, there
will be a
prize from the categories Bumper, Monthly & Weekly gratification.
- A Challenge Pack Member shall be charged as per charging grid mentioned herein for every
question
reply. The questions under this Challenge shall be based on information available to the
public at
large. Please refer to Table A for details of Charging Grid.
- The challenge will be on quiz based and will have different categories for the user to
shuffle from,
there will be 10 questions available in a day for a user.
- Subscriber can shuffle across categories to answer questions limit up to 10 questions in a
day.
- Subscriber has to spend 10 coins per day for playing the contest.
- Subscribers will get multiple choice options to answer the question and will then move to
next
question automatically.
- Totally, 1800 questions can be played during the contest period.
- For every right answer, the Challenge Pack Member will get 10 points. There is no negative
making
for a wrong answer.
- After every right or wrong answer, the Subscriber will be displayed an appropriate
information and
will be given his/her updated score followed by the next question and answer options.
- A question will be valid for the same session, if users refresh the browser then next
question will
be displayed from system.
The Challenge can be played only once by a Challenge Pack MSISDN.
Charging Details:
Table-A:
Charging Details
|
Recharge Denomination
|
Validation
|
Free Coins
|
STV-118
|
20 Days
|
118
|
PV-153
|
26 Days
|
153
|
STV-199
|
30 days
|
199
|
STV-347
|
54 days
|
347
|
STV-599
|
84 days
|
599
|
PV-997
|
160 days
|
997
|
PV-1999
|
365 days
|
1999
|
PV-2399
|
395 days
|
2399
|
Question & Answer Grid:
Table-B:
|
Category
|
Bollywood
|
Cricket
|
Sports
|
Mathematics
|
General Knowledge
|
EXHIBIT C
PRIZES AND WINNER SELECTION PROCESS
Main Challenge Prize Gratification:
Category
|
Type
|
Prize
|
Total Winners
|
Description
|
Bumper
|
National
|
Digital Gold worth up to INR 5,00,000
|
One (1) for entire contest period
|
Bumper Prize winner shall be selected Nationally, on fulfilling the Winner selection
criteria after completion of the competition.
|
Monthly
Prize
|
National
|
Digital Gold worth up to INR 25,000
|
Two (2) (1 per
month as
defined
below in
Table A)
|
Monthly prize winner shall be selected Nationally, on fulfilling the Winner selection
criteria. One MSISDN can win only once per contest period of the same category.
|
Weekly
Prize
|
National
|
Digital Gold worth up to INR 10,000
|
Fifty Two (52) (2 per week as defined below in Table B)
|
Weekly prize winner shall be selected Nationally, on fulfilling the Winner selection
criteria after completion of the competition. One MSISDN can win only once per contest
period of the same category prize.
|
Monthly prize is defined as a period of 30 days from start of the contest and Weekly prize is defined as
a period of 7 days for 1st 25 weeks and the last 26th week is defined as a period
of 5 days.
Duration for Monthly Prize (Table A):
Price Category
|
Total Months
|
From
|
To
|
Month-1
|
17-04-2024
|
16-05-2024
|
Month-2
|
17-05-2024
|
15-06-2024
|
Month-3
|
16-06-2024
|
15-07-2024
|
Month-4
|
16-07-2024
|
14-08-2024
|
Month-5
|
15-08-2024
|
13-09-2024
|
Month-6
|
14-09-2024
|
13-10-2024
|
Duration for Weekly Prize (Table B):
Price Category
|
Total Weeks
|
From
|
To
|
Week-1
|
17-04-2024
|
23-04-2024
|
Week-2
|
24-04-2024
|
30-04-2024
|
Week-3
|
01-05-2024
|
07-05-2024
|
Week-4
|
08-05-2024
|
14-05-2024
|
Week-5
|
15-05-2024
|
21-05-2024
|
Week-6
|
22-05-2024
|
28-05-2024
|
Week-7
|
29-05-2024
|
04-06-2024
|
Week-8
|
05-06-2024
|
11-06-2024
|
Week-9
|
12-06-2024
|
18-06-2024
|
Week-10
|
19-06-2024
|
25-06-2024
|
Week-11
|
26-06-2024
|
02-07-2024
|
Week-12
|
03-07-2024
|
09-07-2024
|
Week-13
|
10-07-2024
|
16-07-2024
|
Week-14
|
17-07-2024
|
23-07-2024
|
Week-15
|
24-07-2024
|
30-07-2024
|
Week-16
|
31-07-2024
|
06-08-2024
|
Week-17
|
07-08-2024
|
13-08-2024
|
Week-18
|
14-08-2024
|
20-08-2024
|
Week-19
|
21-08-2024
|
27-08-2024
|
Week-20
|
28-08-2024
|
03-09-2024
|
Week-21
|
04-09-2024
|
10-09-2024
|
Week-22
|
11-09-2024
|
17-09-2024
|
Week-23
|
18-09-2024
|
24-09-2024
|
Week-24
|
25-09-2024
|
01-10-2024
|
Week-25
|
02-10-2024
|
08-10-2024
|
Week-26
|
09-10-2024
|
13-10-2024
|