TERMS AND CONDITIONS OF Roshan SMS Millionaire Contest ]

PLEASE READ THESE TERMS & CONDITIONS (“T&C”) CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CHALLENGE KNOWN AS “[Roshan SMS Millionaire Contest ]. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THIS “[Roshan SMS Millionaire Contest”], YOU HEREBY ACKNOWLEDGE AND ACCEPT THE CHALLENGE AND THEREBY AGREE ON IRREVOCABLE BASIS, TO BE LEGALLY BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS & CONDITIONS, PLEASE DO NOT PARTICIPATE IN THIS CHALLENGE.

Terms and Conditions

The [Roshan SMS Millionaire Contest] (hereinafter referred to as “Challenge”) is conceptualized,  organized and conducted by [One 97 Communications Limited, a company registered under the provisions of the Companies Act, 1956] having its registered office at [1^st Floor, Devika Tower, Nehru Place, New Delhi - 110019 and corporate office at B-121, Sector 5, Noida, UP 201301] (hereinafter referred to as “One 97”)  in association with Roshan, a company incorporated under the laws of the Islamic Republic of Afghanistan with Afghanistan Investment Support Agency License Number I-10079, having its registered office located at House #13, Main Street, Wazir Akbar Khan, Kabul, Afghanistan.(hereinafter referred to as “Roshan”).

[ONE 97] and Roshan shall hereinafter be jointly or individually, as the context may require, be referred to as “Organizer/s”.

1. Eligibility Criteria to participate

This Challenge is available only to the Active Subscribers[1] of Roshan (prepaid/postpaid) and who fulfill the following criteria:

• Subscriber must be of or above 18 years of age;
• Subscriber must be a citizen of Afganistan
• Subscriber must not have been either convicted and / or prosecuted for commission of any criminal offence nor be of an unsound mind;
• Subscriber must not be under any legal disability e.g. insolvency, restraint by court order etc. and / or is prohibited from entering any contractual relationship.

Active Subscribers of Roshan who fulfill the above eligibility criteria and Participate in/register for the Challenge shall hereinafter be referred to as “Participant/s/ Subscriber”. The employees of the Organizers and of their group companies, or associate companies, along with their family members/relatives, shall not be eligible to participate in the Challenge.

 

By participating in this Challenge, You/Participant:

• Warrant that You have read understood and agreed to conform to these Terms and Conditions.
• Warrant the accuracy, truthfulness and currency of all information that You have submitted.
• You are acting voluntarily, using your own time and resources to participate in the Challenge solely at your own risk.

 

These Terms and Conditions are available on the website at the following address:  Roshan website address or on [http://One97.com/contest/roshan] (“Website”). The Terms and Conditions can be amended or varied from time to time or withdrawn and therefore, please visit the Website periodically to keep yourself updated and informed.

2. Nature of Challenge Procedure & Participation Steps

The Challenge is available on SMS only. The Organizer at its sole discretion may send OBD to the Participants to continue with the Challenge. The Challenge runs by participant sending an SMS <MD> to  666 toll free for daily charging contest module and <MW> to 666 for weekly charging contest module.

Post obtaining the consent for challenge, the Participant will be successfully registered for the Challenge.

All questions will be in multiple choice format and the answer to each must be selected from one of the 2 options only. For every right answer, the Participant will get [5] points. There is no negative marking for a wrong answer and Participant will get 2 points for every wrong answer.

 

In SMS, the Participant has to reply “A” for option 1 or reply “B” for option 2. After every answer, the Participant will be given an appropriate response followed by the updated score and given the next question and answer options.

 

There will be [Unlimited ]skill based questions in Challenge Period (including subscription & PPQ modes).

• Subscription Model - Unlimited questions at 15 questions per day on daily charging and 70 questions per week on weekly charging. **Condition apply.
• PPQ Model - In case Participant has played all the questions credited under Subscription Model, Participant will be offered more questions on Pay Per Question (PPQ) model. There is no limit on number of questions available to Participants under PPQ model.

 

** Participant can also subscribe / unsubscribe and then subscribe to the Challenge. Here Participant will not be eligible to play PPQ and will be offered subscription questions unlimited times.

 

For 10 AFS daily pack, participant can subscribe/unsubscribe to play questions at subscription unlimited number of times. PPQ model will start at 2 AFS per questions if participant once subscribed has played 15 questions but did not unsubscribe from the service. Same procedure will be applicable for weekly charging also.

 

If a Participant doesn’t reply to any question within that particular day, then the question will get expired. To receive the same question and continue with the Challenge, Participant should [send <PLAY> to 666 toll free], post which Participant will receive the nth question and (n+1)th question. If the Participant does not receive question for any reason, the same process has to be followed.

 

If a Participant participates in the Challenge over all the channels (SMS),, the Participant’s score will only be cumulative and not exclusive for each of the channels.

 

The Participants may discontinue participating in the Challenge anytime by sending SMS STOP to  toll free. Participant can subscribe and unsubscribe to the Challenge any number of times during the Challenge validity.  All questions will lapse for the day if Participant does not play the charged questions on the same day of charging.

3. Winner Selection Criteria

The Winner (for all types of gratification) will be selected on the basis of the below mentioned selection criterion* (in the order mentioned below):

1. Highest score
2. Minimum attempts **
3. Minimum time taken***

* Selection criteria to be applied in context of a type of gratification applicable for a day/month/week/specific period/entire Challenge period.

 

** Highest score in minimum number of questions.

***Time calculation will start as soon as a question is put to the Participant and will end as soon as the Participant answers that question by pressing relevant key option. However, the Participants agree that an SMS sent by the Participant may not be received by the Organizers instantly due to various factors outside the control of the Organizers such as network failure or system failure. The time for recording answer shall be the time at which the Organizer receives the SMS with answer and not the time at which the Participant sends SMS with answer.

The Participants who fulfill the selection criteria mentioned herein will be declared as “Highest Scorer/s” of that gratification type.

The process of Highest Scorer selection for each category of gratification will be witnessed by One97 & the same shall be validated by Roshan who shall, after selection of Highest Scorers, certify such process.

 

 

4. Gratification Details

Category	Prize	Total Quantity	Criteria
Weekly	1000 AFN Scratch card	Thirty nine (39) – three per week	Three (3) Participants every week fulfilling the winner selection Criteria would be selected for Weekly Prize
Monthly	iPhone 7+	Six (6) (two per month)	Two (2) Participants per month fulfilling the winner selection Criteria would be selected for Monthly Prize after the selection of Weekly Prize winners.
Quarterly	1 MN AFN Cash	One (1) for entire Challenge Period	One Participant fulfilling the winner selection Criteria would be selected for Quarterly Prize for entire Challenge Period after the selection of Weekly & Monthly Prize winners.

 

*for the above mentioned prizes (mobile phone etc.), the brand, model, color etc. will be decided by One 97 at their sole discretion.

1. Highest scorer, who is found to have made a false claim under clauses mentioned herein, supra, does hereby agree to:

• Allow Organizer to recover the Gratification (referred in above clause supra); and
• Completely indemnify Organizer, including any cost thereof, if declaration made in above clause supra is found false or incorrect.

2. The Winners’ names will be announced as registered in the system of Roshan. If winner details including Name or Address are incomplete in records maintained by the operator, then it will be the winner’s responsibility to get them updated with the operator before claiming the prize. The details registered with operator shall match with the documents received from the winner.

5. Challenge Period and Telecom circles

The Challenge is open for a limited period from [15^th August 2018] 00:00:01 hours (Afghanistan Local Time) to [12th November 2018] 23:59:59 hours (Afghanistan Local Time) (referred as Challenge Period)  both days inclusive.

6. Applicable Charges

Pack Option	Subscription Charges
SMS (Daily)	10 AFS/day for 15 questions with fallback of  9 AFS for 13 questions,8 for 11 questions, 7 for 9 questions, 6 for 7 questions , 5 for 5 questions , 4 for 4 questions , 3 for 3 questions , 2 for 2 questions and 1 for 1 question.
SMS (Weekly)	35 AFS/week (7 days) for 70 questions with fallback of 10 AFS for 15, 9 AFS for 13 questions,8 for 11 questions, 7 for 9 questions, 6 for 7 questions , 5 for 5 questions , 4 for 4 questions , 3 for 3 questions , 2 for 2 questions and 1 for 1 question.
CCIVR , OBD , WAP , USSD	Only used for activation of the challenge on subscriber’s mobile , customer can play challenge on SMS mode only

 

The above subscription packs will be auto-renewed.

Once Participant has played all questions under Subscription Model, he/she can play more questions under PPQ Model at charging of 2 AFS per question.

*The charged amount will not be refunded to Participant(s) under any circumstances.

*In case of zero balance:  No questions, no charges

*Participant can answer the questions of any missed days of the Challenge after paying charges for the missed questions. Missed days of Challenge means such days of the Challenge when a Participant could not continue with the Challenge for any reason whatsoever.  All questions will lapse and customer needs to play on the charged questions on the same day.

7. Other Terms & Conditions

1. Sponsorship - The gratifications offered in this Challenge are sponsored and distributed by the [ONE 97]. Roshan is only providing information and data in relation to the Active Subscribers to facilitate the Challenge.
2. Winner Communication - The Highest Scorers will be contacted/communicated through call/SMS/email for [15] days from the announcement of Challenge results. The Challenge results will be announced within 45 days post completion of Challenge Period. Failure on the part of Highest Scorers to acknowledge the email/SMS/call as stated herein above or to redeem the gratification at the time of delivery or to accept the gratification will entitle the Organizer to forfeit the gratification at its sole discretion or disqualify the Highest Scorer and replace him/her with another eligible participant. If it is noticed that any of the Participant who is selected as the Highest Scorer of the Challenge, is an existing employee of the Organizers or of their group companies/ /associate companies, then Organizer will forfeit the gratification of such Highest Scorer and will gratify the next eligible Highest Scorer. The names of Highest Scorer will be announced as registered in the system of Roshan. The list of the Highest Scorer of the gratification will also be published on the Website.
3. TDS Applicability - Any gratification of value in excess of INR 10,000/- in a year will attract deduction of tax at source as per Indian Tax laws and all taxes on the gratification/s shall be paid by the Highest Scorer at the prevailing rate. All gratification will be given after deducting various taxes, license fees and charges as applicable. All incidental costs (i.e. costs for collecting gratification including insurances, transfer fees, registration fees, all the expenses over ex-showroom 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 Highest Scorers 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.
4. The Organizers may use sub-contractors or third party vendors to execute certain tasks associated with this Challenge.
5. The Organizers shall not be responsible for any delay on part of a third party including the courier agency in delivering the gratification. 
6. DND subscribers will not be sent any engagement SMS/engagement OBD as DND subscribers themselves have to discover about the Challenge. By entering the Challenge, You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and You agree to receive alerts including without limitation any updates regarding the present Challenge.
7. The Participant hereby understands and gives his/ her irrevocable consent to One 97 and Roshan to use, the details of the Participant such as name, the prizes awarded to them, phone number(s)(Last 4 digits of mobile number), score(s) and/or photographs of Subscribers, if required, and specifically, of winners for the purpose of media coverage and alike activities. The Participants also consent to the information being processed and stored in the servers of [ONE 97] or its service providers.
8. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Website and all material or content related to the Challenge shall at all times be owned by the Organizers and/or their respective owners. All material and content on the Website is made available for your personal and non-commercial use only. Any other use of the material/ content available on the Website and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
9. The Organizers are neither responsible nor guarantee the quality of the goods or services being offered as gratification nor are they liable for any defect or deficiency in goods or services offered as gratification under this Challenge. The Participants shall not have the right to claim any damages, loss or costs from the Organizers for delay in delivery of the gratification(s) on any grounds whatsoever. The pictures of gratification depicted on the Website/promotional material/Facebook page etc. are only indicative and the actual gratification may vary from the depictions.
10. In case of gratification in the kind of Gold Voucher worth up to Rs. 10,000-/- , the same shall be subject to deduction of applicable taxes from time to time. Such Gold vouchers shall be issued by a scheduled bank in India.
11. The Organizers make no representation of having a business relationship or tie up with any such companies, individuals or any other organization whose products are offered as gratifications in the Challenge. All trade names shall continue to remain owned by their respective owners.
12. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by the Organizers including, but not limited to, meeting of the Participant's requirements or aspirations with respect to Challenge, timeliness, security, delivery, quality, merchantability or fitness of telecom/internet services, non-disruption or error free operation of telecom/ internet services , delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods/services/merchandise/benefits/ awards offered through the Challenge; and (b) 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 Organizers.
13. The gratification(s) shall be given subject to compliance by the Highest Scorer of all the applicable statutory legislations, processes and formalities and production of all relevant documents/papers as may be required by the Organizers before accepting the delivery of the gratification. Any failure on the part of the Highest Scorer to comply with directions issued by the Organizers including submission of relevant documents and TDS amount (if applicable) within [30] days from the date of call/email/SMS from Organizers for claiming gratification shall entitle the Organizers to forfeit the gratification(s) or roll the gratification over to the next Highest Scorer, at their sole discretion.
14. The documents required to be submitted by the Highest Scorer include the following:

• CRI form
•      NID or Passport
•      2 passport Size photo
• Authorization letter or NOC - In case MSISDN is registered in the name of a company or firm, the employee who is authorized to use the MSISDN shall submit a No Objection Certificate and authorization letter of the employer.
• Demand Draft (DD) equal to TDS amount in advance in favour of [One 97 Communications Pvt. Ltd.] (30% of gratification amount if exceeding Rs 10,000 as per applicable Income tax rules)
• In case of Highest Scorer holding a pre-paid connection of Roshan number and is entitled to a gratification the value of which exceeds [Rs. 10,000/-], an affidavit in the format provided by the Organizers declaring that the Highest Scorer is the rightful user of the Roshan MSISDN and the same is registered with the operator in the name of the Highest Scorer;
• In case of Highest Scorer holding a post-paid connection of Roshan number and is entitled to a gratification the value of which exceeds [Rs. 10,000/-],  a self-attested copy of the latest bill of telecom/mobile connection of Roshan MSISDN
• Letter of compliance with rules and regulations and declarations in the format as may be required by the Organizers or applicable laws.
• Affidavit for acceptance of gratification (format will be communicated/shared with highest scorer)
• Postpaid bill (for postpaid subscriber) (additional  document)
• Submission of acknowledgement letter (as per the format that shall be provided by Organizer) on receipt of the Gratification(s)

* (the document list is only inclusive and not exhaustive and can change as per the requirements of Law or Organizer)

 

• The gratification(s) under this Challenge are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. No other person or agent can claim the gratification on behalf of the Highest Scorer, unless otherwise expressly mentioned herein. Apart from the entitlement to the above gratification(s), the Highest Scorer or his/her legal heirs/successors/representative will have no other rights or claims against the Organizers.
• Organizers at their sole discretion reserve the right to substitute gratification(s) of equal or of value not more than gratification value at any time. However under no circumstance shall the Highest Scorer of the Challenge be entitled to redeem any category of gratification for cash.
• To claim gratification/s under the Challenge, the MSISDNs/Participants chosen as the Highest Scorers shall be required to be Active Subscribers of Roshan. The Highest Scorers shall not be entitled to the gratification in case he/ she fails to clear all outstanding dues payable to Roshan.
• Any Participant providing any incorrect information or concealing/withholding any information from the Organizers with an intent to participate and/or be chosen as the Highest Scorer of the Challenge will automatically be disqualified from participating in it and being chosen as the Highest Scorer. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Roshan number, domicile, payment of outstanding amount to Roshan or any other information provided by the Participant, shall entitle the Organizers to disqualify him/her without any further intimation.
• You shall indemnify and keep indemnified the Organizers and their officers, directors, employees, and 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 Organizers may incur, pay or become responsible/liable for as a result of your breach or alleged breach of the representations or obligations under the Terms and Conditions hereunder, your failure to comply with applicable law and any third party claim in respect of misuse of any information of a third party. 
• The Organizers and/or their respective, directors, officers, employees, shall not be held responsible and liable for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, that may be incurred or for any personal loss or injury that may be suffered (including loss of life), by a Participant and/or Highest Scorer and/or any third party, directly or indirectly, by reason of Challenge or the Challenge gratification(s).
• The Organizers shall not be responsible for any claims arising out of any failure(s) which is beyond their control. Without limiting the generality of the foregoing, the Organizers shall not 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 mobile connectivity, delay in sending or receiving the SMS for participating in the Challenge, delay in time recorded or taken for answering a question during the tie-breaker process, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct score updates or any failures arising out of technical snags or resultant inability of the listener for participation.
• You hereby agree and undertake not to hold the Organizers and/or any of their or, their respective directors, officers, employees, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or indirect or remote that they may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Challenge.
• The gratification shall be handed over by [ROSHAN] on receipt of all the documents from the Highest Scorer required to process the distribution of the gratification. One97 will arrange & sponsor the gratifications.
• This Challenge including the gratification thereof cannot be used in conjunction with any alternative offer or promotion of a similar nature.
• Force Majeur - 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 possible control of the Organizers (“Force Majeure Event”). The Organizers shall not be liable for any delay or adverse effect caused to Challenge as a result of a Force Majeure Event.  The Organizers shall intimate the suspension of the Challenge caused as a result of such Force Majeure Event to the Participants when possible.
• The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form i.e.  CAF form as submitted by customer while purchasing the number.
• This Challenge is subject to guidelines/ directions issued by the Department of  Afghan Telecommunications Regulatory Authority (“ATRA”) or any other statutory authority from time to time.
• The decision of the Organizers in respect of all transactions under this Challenge including without limitation the selection of the Highest Scorers shall be final and binding. Participant hereby undertakes sole responsibility to check the result link post completion of the Challenge to know the Highest Scorer and to claim the gratification, if any. Post announcement of the Challenge results, if Organizer finds that the declared Highest Scorers are wrong, then Organizer reserves the right to declare the correct Highest Scorers and cancel the gratification of Highest Scorer declared earlier.
• Questions and their answers, designed/sourced by the Organizers, are as per their best knowledge and information available at public large and have been collected and framed with best possible prudence. In case there is any discrepancy or dispute regarding the questions or answers, neither the Organizers nor any third party involved shall have any liability towards any Participant.
• Modification/Discontinuation - The Organizers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Challenge or any part thereof including the eligibility criteria, the Terms and Conditions and gratification at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Participants. The latest revised version of the Terms and Conditions shall be effective and binding on the Participant from the time of its posting on the Website. You are therefore advised to check the Website regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to You, You should discontinue participating in the Challenge.
• The Organizers 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 Challenge, without giving any prior intimation to such Participant. Failure by the Organizers to enforce any of their rights at any stage does not constitute a waiver of those rights.
• 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 Organizers reserve the right to seek damages from any such Participant to the fullest extent permitted by law.
• The Challenge and these Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the courts in Mumbai, India.
• Handling of Queries & Complaints - The Participants may contact [One 97] at [games@one97.net] regarding any queries/complaints pertaining to the Challenge on all working days except public holidays between 9:30 a.m. to 6:30 p.m. All disputes must be addressed by the Participants in writing to [ONE 97], and Roshan shall neither be responsible nor shall entertain any communication in this regard.
• The Organizers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participants.
• The provisions of this Challenge and any other promotional endeavor may not be used for any commercial purpose by any Participant.
• 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 Roshan 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 proceeding shall be English.