TERMS AND CONDITIONS

GOVERNING THE VODAFONE - THE GREAT CALLERTUNE RACE 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 “VODAFONE THE GREAT CALLERTUNE RACE COMPETITION”. BY PROCEEDING WITH PLAYING THE VODAFONE THE GREAT CALLERTUNE RACE 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 COMPETITION.

Terms and Conditions

Definitions

 

1. 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.

 

1. “Vodafone The Great Callertune Race 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-110 019 and its principal place of business at B-121, Sector-5, Noida-201 301, India (referred to as “One97 or Organizer”) and is open for participation for active[1] pre-paid and post-paid category of  Subscribers[2] (hereinafter referred to as “Subscriber(s)”) of Vodafone Idea Limited (“VIL” / “Vodafone Idea”) incorporated under the Companies Act, 1956 and having registered office at Suman Tower, Plot No 18, Sector no 11, Gandhinagar 382011 during the period from 3^rd September 2018, 00:00:01 hrs to 11^th December 2018, 23:59:59 hrs, both days inclusive (hereinafter referred to as the “Competition Period”). One97 and Vodafone Idea collectively reserve the right to extend or shorten the Competition Period, as they deem fit.
2. The Competition is open to all active Vodafone Idea Subscribers who satisfy the eligibility criteria mentioned in Clause 4 below and who belong to Vodafone Idea Telecom Service Areas (“Circle(s)”) as mentioned in table 1 below.

 

3. 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 eligible to subscribe to or participate in the Competition. No further notice shall be given by One97 or Vodafone Idea, in this regard.

 

Table 1 – Vodafone Idea Circles

S. No.	Circle	Region/Zone
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

 

4. Eligibility

1. This Competition is open for participation to all Vodafone Idea Subscribers who fulfil the following criteria at the time of participation and during the Competition Period:

1. He/she must be of or above 18 years of age;
2. He/she must be a citizen of India;
3. He/she must belong to any one of the Circles mentioned herein;
4. He/she must be an active Subscriber;
5. He/she must not have been the subject of any criminal proceeding;
6. He/she must not be of an unsound mind;  and
7. He/she must not be under any legal disability e.g. insolvency, restraint by court order etc. and / or is otherwise prohibited from entering any contractual relationship.
8. He / she must subscribe to RING BACK TONE service (referred to as “RBT”) or existing RBT subscribers must set a new song as their RBT, during the Competition Period, in order to be eligible to participate in the Competition.

1. Any active Subscriber playing this Competition shall be referred to as a “Participant” throughout these Terms and Conditions.
2. For the purposes of these Terms and Conditions, wherever the context so requires “You” or “Your” shall mean any natural person who is a Participant.
3. Also, by participating in this Competition, You:    

1. Agree to the Terms and Conditions mentioned below and give Your consent for the same;
2. Agree that You are entering into this Competition as an independent party and nothing herein establishes an employer-employee relationship between You and Vodafone Idea 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;
3. Warrant that You have read understood and agreed to conform to these Terms and Conditions;
4. Warrant the accuracy, truthfulness and currency of all information that You have submitted; and
5. Warrant that prior to playing this Competition, it shall be deemed that You have read and have agreed to be bound by the Terms and Conditions herein.
6. The Competition will be available in the below mentioned languages:

Hindi, English, Punjabi, Tamil, Malayalam, Kannada, Telugu, Oriya, Assamese, Bengali, Gujarati & Marathi on IVR (Interactive Voice Response) .

7. A Participant, by participating in this Competition, hereby agrees to the Terms and Conditions mentioned below and gives his/her irrevocable consent to the process of selecting the winners under this Competition as set out herein, and any appropriate changes that may be made to this Competition by One97 or Vodafone 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 One97, Vodafone Idea and  their respective affiliates and associates or for any reason whatsoever.
8. Except as provided under Clause 61 of these Terms and Conditions, Participants who are roaming outside their home Circle will be barred from playing the Competition.
9. Further, the Participants 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 Idea Subscribers of the winning mobile phone number and not merely the Participants using such mobile number (“Winner(s)”).
10. Further if an employee has been authorised to use mobile number registered in the name of Subscriber’s employer company/ firm, then Subscriber has to submit authorization letter & NOC of employer for confirmation and if the Winner is not able to provide sufficient evidence to show that he/she is the Subscriber of the mobile connection, then One97 and Vodafone Idea reserves the right either to award the prize to the next eligible Winners or to forfeit the prize, at its sole discretion.

These Terms and Conditions are available on the Website https://www.vodafone.in/. The Terms and Conditions can be amended or varied from time to time or withdrawn without prior notice to You and therefore, please visit the Website to keep Yourself updated and informed.

 

5. Participation details and Charges for Vodafone The Great Callertune Race Competition
   1. Once a Vodafone Idea Subscriber subscribes to RING BACK TONE service (referred to as “RBT”) or an existing RBT subscriber sets a new song as their RBT, during the Competition Period, then they become eligible to participate in the Competition.
   2. The Participant will be given 1 question for every rupee charged for RBT service activation or song change/ selection. Below are some examples:
      1. If a Participant gets charged @ Rs.3, he/she will be eligible for three (3) questions, and a Participant getting charged @ Rs.30, will be eligible for thirty (30) questions.
      2. If a Participant activates RBT service and the charged amount for activation is Rs. 36 and for selection of song charge is Rs. 15; then the Participant will get thirty six (36) questions for activation and fifteen (15) questions for song selection, so the total number of questions will be fifty one (51).
      3. If the charges are in decimals, then the number of questions will be rounded off to the next number. For e.g. if Participant is charged Rs.10.5 or 10.1, then he will get 11 questions.
   3. In case a Subscriber does consecutive RBT transactions, then the Subscriber will be eligible to get the questions basis the total cumulative amount charged. Participant can answer all such allotted questions one after the other till the Participant answers all allotted questions.
   4. However, if due to the technical problem/error the said price of the number of questions played by the Participant is not charged to the Participant, One97 reserves the right to charge such amount to the participant any time before the expiry of the Competition Period or before declaring the Winner. In case the Participant is unable to make payment of such amount, only those questions will be considered for winner selection in the Competition for which the participant has been charged successfully.
   5. In case of activation of RBT service, if a Participant is charged, then only Participant will be given Welcome Message to participate in this Competition. But if the Participant gets activated on RBT service without any amount being charged, then such Participant will not be given welcome message and will not be eligible to play this Competition till the amount is charged for RBT service. This Competition will be applicable to the Subscribers who are subscribed to minimum of Re 1 pack.
   6. Once the RBT Subscriber gets charged for any of the above mentioned transactions, next day the Subscriber will receive an SMS regarding the Competition; informing them to dial 5040455 for playing this Competition.
   7. Competition will be available on 5040455 (Toll-free) for Subscribers of Vodafone Idea. Eligible Subscribers can play the Competition by dialing 5040455 and answering the questions on IVR by pressing the relevant key for the answers.
   8. Each question will have two (2) answer options.
   9. For every right answer, the Participant will get ten (10) points. There is no negative marking for a wrong answer.
   10. After every right/wrong answer, the Participant will be given its score, followed by the next question.
   11. Questions will be given to the Participant on RANDOM basis. 
   12. If the Participant gives an invalid input, then an SMS will be sent to the Participant  describing it as an invalid answer,
   13. If the Participant stops playing the Competition after answering the nth question, then when Participant dials the IVR again, Participant will continue with the (n+1)th question. The Participant can continue playing by dialing 5040455, to receive the next question.
   14. If the Participant has completed all the allotted questions as per their eligibility (i.e.. number of questions allotted basis the charged amount) and dials the IVR again, they will be listening to a prompt informing that they have already answered all allotted questions and that they can answer more questions by downloading more songs in the RBT service. There are a maximum of 255 questions available for Participants to answer during this Competition.
   15. The Participant can play the questions one after the other till Participant finishes answering all the allotted questions.
   16. 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 and crosses the above mentioned limit then One97 has the sole discretion to disqualify the winner and forfeit/recover the prize money, forfeit the contest or declare the runner up as winner.
6. List of Prizes and selection of successful Winners –Winners will be selected for all the prizes in this Competition as mentioned below:

Category	Prize	Gratification	Total Quantity	Criteria
National	Bumper Prize	Toyota Fortuner	1	One Participant fulfilling the Winner Selection Criteria would be selected for National Bumper Prize from PAN India for entire Competition period
Zonal	Zonal Bumper Prize	Renault Kwid	4	One Participant fulfilling the Winner Selection Criteria would be selected for Zonal Bumper Prize from each zone for entire Competition Period
Circle	Circle 1st  Prize	Gold worth INR 15,000	19	One Participant fulfilling the Winner Selection Criteria would be selected for Circle 1st Prize from each circle for entire Competition period
Circle	Circle 2nd  Prize	Nikon Cool Pix	19	One Participant fulfilling the Winner Selection Criteria would be selected for Circle 2nd  Prize from each circle for entire Competition period
Circle - Daily	Daily Prize 1	Daily Recharge – Rs. 300	1900	One MSISDN fulfilling the Winner Selection Criteria would be selected for Daily Prize 1 every day from each circle for entire Competition period
Circle - Daily	Daily Prize 2	Daily Recharge – Rs. 200	1900	One MSISDN fulfilling the Winner Selection Criteria would be selected for Daily Prize 2 every day from each circle for entire Competition period

 

** In case of increase in the value of prize, prior to the distribution thereof, 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. In such case, One97 and Vodafone Idea reserves the right to award the prize to the next eligible Winner.

7. Winner Selection Criteria

1. The selection of the Winner of the Competition, shall take place after completion of the Competition and prize/rewards shall be distributed thereafter. Winner selection will be done based on the following criteria and order:

1. Highest Score
2. Minimum attempts
3. First to score

2. All prize categories except Recharge Prize – In case of a tie between Participant on above mentioned criteria , then the participants who have tied will be asked to answer a set of 5 tie breaker questions. The participant who answers the maximum questions correctly in the given time or in case all the tied participants correctly answer equal number of questions the participant who answers the maximum questions correctly in the least time, will be selected as the winner. This shall continue till a clear winner selection can be done.
3. Recharge Prize – In case of a tie between Participants on above mentioned criteria , all the participants who have tied will be gratified. There will be no tie breaker for these prize categories.
4. All the Winners shall be chosen in accordance with the winner selection process duly certified by an Independent External Auditor appointed by One97 and decision of Independent Auditor shall be final and binding on the Participants. Without prejudice to the foregoing, the Participants shall not hold One97, the Independent External Auditor or Vodafone Idea liable for the Winner selection process under this Competition.
5. One97 Winner(s) (including spouse of Winner and immediate/first blood relatives of winners) of previous seasons of Callertune Bonanza Contest/competition organized by One97 for Vodafone Idea who have won a Bumper Prize / First Prize / Grand Prize shall not be eligible for the Bumper Prize under this Competition. This restriction shall also apply to other Participant(s) who share the same address with Bumper Prize/ First Prize/ Grand Prize Winners of previous seasons of Callertune Bonanza contest/competition organized by One97 for Vodafone Idea.
6. Bumper Winner also agrees to provide an undertaking to the effect that their spouse or immediate/ first blood relatives of winners are not the winners of Bumper Prize/ First Prize/ Grand Prize of previous seasons of Callertune Bonanza contest/ competition organized by One97 for Vodafone Idea.
7. Winner(s) (including spouse of Winner and immediate/first blood relatives of winners) of previous seasons of Callertune Bonanza Contest/competition organized by One97 for Vodafone Idea who have won a Zonal/ Zonal Bumper Prize or share same address (as mentioned above) shall not be eligible for the Zonal Bumper Prize under this Competition.
8. Zonal Bumper Winners also agree to provide an undertaking to the effect that their spouse or immediate/ first blood relatives of winners are not the winners of Zonal/Zonal Bumper Prize of previous seasons of Callertune Bonanza contest/ competition organized by One97 for Vodafone Idea.
9. If the same Participant having different MSISDN has been selected as a Winner for more than one prize(s), in such event the Winner will be awarded only one prize of highest value. 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/level then the Winner shall be entitled to only one (1) prize/reward amongst different prize/rewards of highest value across different category/level. This restriction shall however not apply to Daily Recharge Prize(s). However, one MSISDN can win Daily Recharge Prize(s) only once during the Competition Period.
10. One Participant can win only one (1) prize of highest value among different prize/rewards across category/level. However, a Daily Recharge Prize winner can be eligible for other prizes in this Competition.

Post selection of Winners the results will be uploaded on http://one97.com/contest/crbtcontest/. One97 shall also make five (5) consecutive attempts to contact Winners over call/SMS/email to inform about the Gratification/s and further process of claiming the Gratifications. The Winner will have to claim prize and submit the documents (required documents as specified in Clause 23) within thirty (30) days post One97 contacts the winner through call or SMS or email One97. It is the responsibility of Participants to check for the communication provided on phone/email on daily basis post completion of Competition 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.

11. 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 or Vodafone Idea, the Winners shall collect them from the nearest place specified by One97 at their own cost. One97 or Vodafone Idea will not be responsible for any cost of travel, accommodation etc. so incurred by Participants for collecting the prizes.
12. Note: If there is any delay in the verification of winner(s) (except recharge winners) due to certain reasons such as verification documents pending, TDS pending, etc. then this will delay the declaration of final winner list. For avoidance of any doubts, the final winner list shall be published only after successful verification of documents submitted by the winners.
13. The prize will be rolled over to next eligible Participant or forfeited, at the sole discretion of One97 and Vodafone Idea, if:

1. The Winner does not claim the prize or fails to submit all necessary documents within thirty (30) days post One97 contacts the winner through call or SMS or email.
2. The Winner does not submit TDS (if applicable) amount within twenty (20) days of receipt of information from One97.

• In all cases or any issues related to winner’s liability on TDS amount, decision of One97 and Vodafone Idea will be final.

8. The list of Winners of all prizes will be announced after the end of the Competition Period and when the Winner selection process is completed.
9. A Winner, who is found to have made any false claim (including but not limited to any claim related to its eligibility to participate in the Competition) while playing this Competition, does hereby agree to:

1. Allow One97 and Vodafone Idea to recover the Prizes; and
2. Completely indemnify One97 and Vodafone Idea, including any cost thereof, if any claim made by the Winner is found false or incorrect.    

10.  All prizes will be given after deducting various taxes, license fees and any charges (as applicable).
11. All prizes offered in this Competition will be sponsored and distributed by One97.
12. Prize/rewards contained herein are applicable only for the Participants scoring points by playing the Competition.
13. All decisions of One97 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 correspondence or communication shall be entertained in this regard. Vodafone Idea has no role in the selection of Winners or prizes in this Competition.
14. Any failure on part of the Winner, under this Competition, to comply with the directions issued by One97 shall entitle One97, 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, 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 One97 or Vodafone Idea for such transfer under any circumstances.
15. To be eligible to claim the prizes of the Competition, the winning MSISDNs have to be active Subscribers of Vodafone Idea during the Competition Period and at the time of the Winner announcement.
16. Participants may contact One97 for any queries/complaints by sending an email to games@one97.net 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 Participants in writing to One97 directly and Vodafone Idea shall not entertain any communication in this regard. Further, any information that the Participant may request in connection with the Offer, may be provided by One97 to the Participant, at the sole and absolute discretion of One97, depending on the nature of the information requested, and any such information may be provided only during a period of sixty (60) days from the end of the Offer. No such request shall be entertained thereafter. One97 further clarifies that any information requested by any Participant shall only concern that Participant and under no circumstances will One97 provide confidential information or information pertaining to other Participant(s).
17. Upon participating in the Competition, the Subscribers confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and shall imply their willingness to receive all promotional messages including without limitation daily updates on the score under the current Competition and engagement calls / SMS, promoting the new competition. Subscriber’s interest to receive promotional messages for the Competition will be valid for all upcoming competitions organised by One97. The Participant will be informed about the next competition to be launched after the end of the Competition Period. They can at any given point of time unsubscribe from receiving promotional messages and updates only after they have withdrawn themselves from the Competition or if the Competition Period has expired. 
18. One97 and Vodafone Idea 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.  By participating in the Competition, all Participants hereby agree to the same. Participants further agree that, One97 may, at its sole discretion, choose not to disclose the identity of the Participant to other Participants, unless otherwise mentioned herein. The Participants also consent to the information being One97processed and stored in the servers of One97 or its service providers.
19. Prize(s) under this Competition shall not be transferable. No Cash alternative for the prizes will be given by One97. Mere participation in the Competition shall not entitle a Participant to a prize.  No other person or agent can claim the prize on behalf of the Winner, unless expressly specified herein.
20. All prizes offered in this Competition are subject to availability. One97 reserves the right to provide alternate models or brands or colour of the same value or of any lesser value nearest to the said value, for any of the prize/s under different categories mentioned in the T&C. Model or brand or colour for alternate prize will be decided by One97, at their sole discretion, any choice of winner in respect to model or brand or colour will not be considered in any case. Also, no request for upgrading any prize offered shall be entertained by One97 or Vodafone Idea.
21. This Competition might contain factual references to the names of certain companies, products and individuals. One97 and Vodafone Idea 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.
22. A Participant shall be considered ineligible if he/she does not conform to the conditions as stipulated in these Terms and Conditions, or does not provide any of the required documents as stipulated in Clause 24 herein.
23. All prizes must be claimed by the Winners, along with the documents specified herein below within the specified timelines intimated by One97. 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):
    1. Address proof (Voter ID / Driving License / Passport/electricity bill not older than three (3) months /Telephone bill not older than three (3) months etc)
    2. Photo Id proof (Aadhar Card / Passport/Voter ID/Driving License etc)
    3. One passport size photo
    4. Affidavit declaration for acceptance of Prize (format will be communicated/shared with Winner)
    5. Post paid bill (for post paid user) (additional  document)
    6. Demand Draft (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)
       In case, Winner does not pay TDS amount as per the prevailing rate under Income Tax Act, 1961 then One97 shall have the discretionary right to award the Winner with Gold Prize worth 70% of Prize amount subject to the documents/declaration form as may be required by One97
    7. Submission of acknowledgement letter (as per the format that shall be provided by One97) on receipt of the Prize(s)
    8. PAN card copy self attached
    9. For Bumper Prize Winner- Affidavit that the Winner (including spouse of Winners and immediate/first blood relatives of Winners) has not won any Bumper/First/Grand prize in previous seasons of Callertune Bonanza contest/competition organized by One97 for Vodafone Idea and he/she doesn’t share same address with Bumper Prize/ First Prize/ Grand Prize Winners of previous seasons of Callertune Bonanza contest/competition organized by One97 for Vodafone Idea.
    10.  For Zonal Bumper Prize Winner- Affidavit that the Winner (including spouse of Winners and immediate/first blood relatives of Winners) has not won any Zonal/Zonal Bumper prize in previous seasons of Callertune Bonanza contest/competition organized by One97 for Vodafone Idea.
    11. In the event the MSISDN is registered in the name of a company or firm, the employee who is authorized to use the MSISDN shall submit (not applicable for Recharge winners):

1. No Objection Certificate and
2. Authorization letter of the employer
   12. Letter of compliance with rules and regulations and declarations in the format as may be required by One97 or applicable laws.
   13. Every Winner has to provide his/her photograph and detailed interview while receiving prize which may be used for purpose of advertisement, promotion and/or any other purpose as One97 deems fit.

24. In the event, it is found or comes to the knowledge of One97 that Participant and/or Winner submitted inaccurate/misleading details/or information/documents as requested by One97 as per Clause 22 above or in future course of action, One97 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.
25. Neither Vodafone Idea nor One97 is responsible nor guarantees or warranties the quality or functionality 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 Participants under this Competition. Participants further understand that the goods provided as prize may carry manufacturer’s guarantee and in case of any deficiency in the goods, Participant will contact the manufacturer only.
26. The Participants shall not have the right to claim any damages, loss or costs from One97 and / or Vodafone Idea for delay in delivery of the prize(s) on any grounds whatsoever.
27. One97 and/or Vodafone Idea are not liable for any loss or damage of any nature whatsoever, whether directly or indirectly, if incurred by the Participants in connection with the Competition.
28. One97 will inform the TDS amount in advance to the Winner. Winner will have to submit the Demand Draft (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.
29. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by One97 and Vodafone Idea including, but not limited to, meeting of the Participant's requirements or aspirations, timeliness, security, the results or reliability of this Competition, or the delivery, quality, quantity, merchantability of the prizes, delay in sending or receiving an SMS, delay in time recorded for answering a question through voice mode including during the tie-breaker process due to technical snags including network problems or system error or otherwise, 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 Participant expressly agrees that his/her participation in the Competition offered by One97 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 Competition shall be construed to mean the giving of any warranty of any kind by One97 or Vodafone Idea.
30. 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 One97 before accepting the delivery of the prize. Any failure on the part of the Winners to comply with directions issued by One97 for claiming the prize shall entitle One97 to forfeit the prize(s) or the prize shall be rolled over to the next eligible Participant, at the sole discretion of One97.
31. 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. The Winners shall make their own arrangements for travel, accommodation to claim/receive the Prizes. One97 is not responsible for the same or any cost of travel and accommodation incurred by any of them.
32. Any prize of value in excess of INR 10,000/- Per Contest*** will attract deduction of tax at source and all taxes to be paid on the prize/s shall be paid by the respective Winners 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 Participant , at the sole discretion of One97.

***A winner earning prize in excess of INR 10,000/- Per Contest in aggregate from all competitions/contests/offers conducted by One97 Communications Ltd. irrespective of any specific operator will be subject to TDS under the Income Tax Act, 1961.

33. The prizes shall be handed over by One97 on receipt of all the documents, from the Winners, required to process the distribution of the prize and satisfactory verification thereof by One97.
34. These prizes offered under this Competition cannot be used in conjunction with any alternative offer or promotion of a similar nature.
35. This Competition is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags (including but not limited to crashing of website), act of God or any circumstance beyond the reasonable control of Vodafone Idea and/or One97 (“Force Majeure Event”). Neither One97 nor Vodafone Idea shall be liable for any delay or adverse effect caused to any Competition(s) there under as a result of a Force Majeure Event. One97 shall intimate the suspension of this Competition caused as a result of such Force Majeure Event to the Participants.
36. This Competition is subject to guidelines and directions issued by the Department of Telecommunications (“DoT”), Telecom Regulatory Authority of India (“TRAI”) or any other statutory authority from time to time.
37. Questions and their answers, designed and sourced by One97, are as per their best knowledge and information available with 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 case there is any discrepancy or dispute regarding the questions or answers, neither One97 nor Vodafone Idea nor any third party involved shall have any liability towards any Winner.
38. Vodafone Idea and One97 shall not 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, mobile connectivity, delay in sending or receiving an SMS, delay in time recorded for answering a question through voice mode during the tie-breaker process, any action that has been initiated, actioned or completed through the Participants 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, One97 and/or Vodafone Idea shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of Vodafone Idea or One97.
39. Failure by One97 or Vodafone Idea 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 One97 and Vodafone Idea shall at all times be binding and final.
40. One97, Vodafone Idea or any of their group entities or affiliates, or their respective directors, officers, employees, agent, 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 Participants and/or any third party, directly or indirectly, by use or non-use of the prizes offered in this Competition.
41. Vodafone Idea and/or One97 reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this offer/Competition or any part thereof including the eligibility criteria, the Terms and Conditions and prizes* at its sole discretion at any time as may be required including in view of business exigencies, authorities, changes by regulatory authority and/or 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 Participants from the time of its posting on the Website http://One97.com/contest/crbtcontest. 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 the subscription to the Competition and any other services. Your continued subscription to Competition there under will constitute Your acceptance of the latest revised Terms and Conditions.
42. The employees of One97 and Vodafone Idea, affiliate or associate companies and their First blood relatives or Spouse -& dependents shall not be eligible to participate in this Competition. If found otherwise, then One97 reserves the right to forfeit the prize.
43. If an employee of One97 or Vodafone Idea leaves the organization when the Competition is launched or leave during Competition Period or before winner list is announced, those employees will not be eligible to participate in the Competition.
44. Vodafone Idea and One97 may assign any or all of their respective rights under these Terms and Conditions to their affiliates or any third person without consent of the Participants.
45. One97 and/or Vodafone Idea reserve 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 Competition. Failure by One97 or Vodafone Idea to enforce any of its rights at any stage does not constitute a waiver of those rights and shall not give rise to any claim by any person.
46. Any attempt by a Participant to deliberately undermine the legitimate operation of the Competition is a violation of the applicable laws and should such an attempt be made, One97 and/or Vodafone Idea reserve the right to seek damages from any such Participant to the fullest extent permitted by law.
47. One97 and Vodafone Idea do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participant.
48. One97’s and Vodafone Idea’s officials including their respective directors, officers, partners, employees, representatives, consultants and agents are under no obligation to render any advice or service to any Participant in respect of the Competition.
49. You acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content or Website and all material or content related to the Competition shall remain, at all times, owned by Vodafone Idea, One97 and 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.
50. The Subscribers shall indemnify and keep indemnified Vodafone Idea and One97 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 One97 or Vodafone Idea 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, any failure by the Subscriber participating in this Competition to comply with applicable law, infringement of intellectual property rights of One97 and/or Vodafone Idea and any third party claim in respect of misuse of any information of a third party. Vodafone Idea and One97 shall have the right to defend themselves, pursuant to this Clause, at the cost of the Subscriber. One97, Vodafone Idea 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, in connection with the Competition.
51. Nothing in the Competition shall affect any intellectual property rights of Vodafone Idea or One97 or any of their affiliates in any product or service made available on the Website.
52. Apart from the entitlement to the above prizes, the Winners or their legal heirs, successors and representative will have no other rights or claims against Vodafone Idea and /or One97, unless expressly specified herein.
53. The Participants hereby irrevocably authorize Vodafone Idea and One97 to use the data gathered during and/or after the Competition in respect of the Participant (including name and photograph etc.) in any of its communications including marketing promotions and advertisements along with One97’s/ Vodafone Idea’s brand.  Participants further agree that, One97 and Vodafone Idea may, at its sole discretion, choose not to disclose the identity of the Participant to other Participants, unless otherwise mentioned herein.
54. The Winners’ names will be announced as registered in the system of Vodafone Idea.
55. This Competition is being made purely on a “best endeavour” basis and participation of Participants is voluntary, and subject to acceptance of these Terms and Conditions.
56. The Winner shall not be entitled to the prize, in case he/ she fails to clear all outstanding dues payable to Vodafone Idea and / or is not an active Subscriber of Vodafone Idea on the date of announcement of the prize and as on the date of claiming the prize.
57. 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.
58. 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 Idea and One97 mutually as per Arbitration and conciliation law 1996 or amendment thereof, whose decision shall be final and binding on the parties. The place of Arbitration shall be at New Delhi. The Language of Arbitration shall be English.
59. Points obtained in this Competition will be valid for this Competition only & will not be carry forwarded for new competition.
60. In event of the death of the winner, the prize if any may be awarded by One97 to the legal heirs/successors of the deceased winner at sole discretion of One97. One97 shall have the rights to call for such documentary evidence before handing over the prize to the legal heirs/successors as it deem fit. One97 may instead forfeit the prize or pass it on to the next eligible winner.
61. One97 and Vodafone Idea collectively reserve the right to forfeit the prizes under the following circumstances:

1. If documents as mentioned in Clause 22 are not submitted within 30 days.
2. If TDS certificate (if applicable) is not submitted within 20 days.
3. If documents provided are found to inaccurate/misleading.
4. If Winner is unwilling to claim/accept the prize.
5. If the Winner is not reachable or available over phone after One97 calling the Winner for five (5) times.
6. If the Winner is not able to provide sufficient evidence to show that he/she is the active Subscriber of the mobile number. Any failure on the part of the Winner to comply with directions issued by One97 and Vodafone Idea for claim of prize shall entitle One97 and Vodafone Idea to forfeit the prize(s) or roll the prize over to the next eligible Winner, at their sole discretion.

62. In case of Mobile Number Portability (“MNP”) i.e. Participant porting from one Circle to another Circle (but always remains a Vodafone Idea Subscriber) during the Competition Period while keeping his/her mobile number same, then he/she shall be considered as eligible for that prize(s) as under:

1. The distribution of the Bumper Prize will not be affected due to the MNP.
2. The distribution of the Zonal Bumper/Circle Bumper/ Second Circle/ Third Circle/ Fourth Circle Prize will not be affected if the Circle where the active Subscriber was residing at the end date of Competition Period. Further, gratification of the Winner will be done in the Circle where the active Subscriber was residing at the time of awarding the prize.
   1. For e.g. if a user who have changed from Circle A to Circle B than gratification will be done in circles where active subscriber is residing at the time of awarding prize.
3. The distribution of the recharge coupons –will not affect active Subscriber who purchases the recharge coupons in a Circle where active Subscriber was residing at the start of the day.
   1. For e.g. if a user who have changed from Circle A to Circle B than recharge coupons will be done in circles where active Subscriber is residing at the time of awarding prize.