TERMS AND CONDITIONS GOVERNING THE SCORE AND WIN CHALLENGE - SEASON-14 IS A PROMOTIONAL ACTIVITY
ORGANIZED BY ONE97 COMMUNICATION LIMITED IN ASSOCIATION WITH VODAFONE IDEA 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,
INDIA
(HEREINAFTER REFERRED TO AS “ONE97” OR “ORGANIZER”) FOR THE ELIGIBLE
RIGHTFUL SUBSCRIBERS OF VODAFONE IDEA LIMITED, (HEREINAFTER REFERRED TO AS
“VIL/VODAFONE
IDEA/Vi”).
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 VIL POSTPAID &
PREPAID
SUBSCRIBERS PARTICIPATING IN THE CHALLENGE KNOWN AS “SCORE AND WIN SEASON-14”
(“CHALLENGE”) DURING THE CHALLENGE PERIOD AS MENTIONED HEREIN.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THIS
CHALLENGE
KNOWN AS “SCORE AND WIN SEASON-14”. 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 VIL mobile connection
who is either on prepaid or post-paid subscription, in whose name the mobile phone
number (MSISDN) is registered with VIL. 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 VIL on a regular basis for purposes other than to
participate in any offer or Challenge offered by VIL.
- “Circle(s)” shall mean VIL 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 VIL
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 VIL;
- He/she must be responsible to activate and subscribe to the Challenge Pack
and thereby become a Challenge Pack Member. He/she must belong to any of the
telecom service areas mentioned below;
- This Challenge is not accessible to 4G users through the following modes,
i.e. IVR, SMS, USSD & OBD and such users can access the Challenge only
through WAP mode. However, users who have played the Challenge and during the
Challenge Period and migrated to 4G from 2G or 3G networks, can access the
service on all available modes.
- For Prepaid Subscribers – Subscribers must have the minimum requisite
balance of Rs.2 per day, to be eligible to participate in this
Challenge;
- He/she must not be of an unsound mind;
- viii.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.
- He/she must not have been subject of any criminal proceeding; and
- Subscribers who are roaming outside their home Circle will be barred to play
the Challenge
- The Challenge will be known by and be made available in the below mentioned
languages: English / Malayalam / Telugu / Kannada / Tamil /Hindi / Gujarati / Marathi /
Punjabi / Oriya / Bengali and Assamese on IVR.
- Further, the SCORE AND WIN SEASON-14 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 VIL 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 confirmation is not required in-
case of recharge prizes.
- The employees of the Organizers and/or VIL 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
or VIL 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 VIL 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. Failure by the Organizer or VIL 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 VIL
Subscribers understands that the Organizers and/or VIL may disqualify, suspend, block or
terminate the participation of any VIL Subscribers at any stages of the Challenge for
any reasons where it is found to Organizers and/or VIL that (i) participation of the VIL
Subscriber is not bona fide; (ii) he has participated in the Challenge and paid charges
towards it using the amount of wrongful/duplicate refund or waiver and/or (iii)
participation of the VIL Subscriber is not in the interest of the Challenge. The
decision of the Organizer or VIL shall at all times be binding and final.
- CHALLENGE PERIOD
- This is a limited period Challenge for Eligible Subscribers of VIL, available from
1st June 2023, 00:00:01 hours to
30th June 2023, 23:59:59 hours, both
days
inclusive (“Challenge Period”).
- Organizer and VIL reserves the right to extend or shorten the Challenge Period, as
it deems
fit to Organizer and/or VIL.
- 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.
- 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
- Surprise Day winners shall be selected on every surprise day i.e., Monday during the
Challenge Period, on fulfilling the Winner selection criteria after completion of the
Challenge. In case of a tie between Participants on above
mentioned criteria, then the participants who have tied will be asked to answer a set of
5 tie breaker questions. The participants who answer the maximum questions correctly in
the given time or in case all the tied participants correctly answer equal number of
questions the participants 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. Tie breaker will be applicable on all prize categories except
recharges.
- The time taken for answering a question on “Voice” mode, is calculated
from the time the Organizer’s system plays the question till the answer is
received by system. On SMS and USSD channel time taken is calculated from the time
system pushes the question till the answer is received by 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.
- During the playing of the challenge if a Participant drops call/ stops replying on
SMS, the same day the Participant will get the same unanswered question. Post which
Participant will receive the nth question and (n+1)th question. If a Participant
participates in the Challenge over all the channels (IVR/SMS/USSD), the
Participant’s score will only be cumulative and not exclusive for each of the
channels.
- All the Winners shall be chosen in accordance with the Winner selection process
duly certified by an Independent External Auditor appointed by the Organizer and
decision of Independent External Auditor shall be final and binding on the
Participants.
- Without prejudice to the foregoing, the Participant shall not hold the Organizer,
the Independent External Auditor or VIL liable for the Winner selection process under
this Challenge.
- Post selection of Winners the results will be uploaded
on http://one97.com/contest/vil and the Organizer shall also make 5 consecutive
attempts to contact Winners over call and/or SMS and/or email to inform about
the prizes and further process of claiming the prizes (“Communication”).
Organizer shall maintain requisite record 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 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 Organizer reserves the right to roll over to next eligible Participant and/or
forfeit the prizes, at its 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
pursuant to these terms and conditions, within 30 days post the
Organizer made a
Communication with the winner.
- 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
Organizers in the
genuine interest and fairness of the Challenge.
- The Winners are not reachable/contactable after One97 has attempted to
establish a
Communication with the winner. Post expiry of the stipulated time, the winner
will not be
entitled to claim the prize.
- 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.
- Winners (including spouse of Winners and immediate/first blood relatives of Winners)
of
the previous season (i.e. Score and Win Challenge – Season-13 which was conducted
between 1st May 2023 to
31st May 2023) of Score & Win
Challenges organized by the Organizer for VIL who have won a Bumper / Circle Bumper /
Zonal
Bumper shall not be eligible for the Bumper / Circle Bumper / Zonal Bumper Prize in this
Challenge. This condition shall also apply to other Participants who share the same
address
with Winners of the previous season (i.e. Score and Win Challenge - Season-13) of Score
& Win Challenges organized by the Organizer for VIL who have won a Bumper / Circle
Bumper / Zonal Bumper prize.
- Winners also agree to provide an undertaking to the effect that his/her spouse or
immediate/first blood relatives of Winners are not the winners of Bumper prize of the
previous Score & Win Challenges (i.e. Score and Win Challenge - Season-13) organized
by
the Organizer for VIL.
- 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.
- If the same person having different MSISDN has been selected more than once, in such
event he /she will be awarded only one Prize.
- A Participant will be entitled to win only once during the entire Challenge Period.
If a Participant is declared as Winner in more than one Prize category then he/she shall
be entitled to only one prize/ reward of highest value amongst different prize/ rewards
in the entire Challenge Period. This condition is not applicable for recharges and
surprise day prize.
- 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 Independent
External Auditor and other related transactions shall be final and binding and no
complaints, claims, correspondence or communication shall be entertained in this regard.
VIL 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 http://one97.com/contest/vil 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,
1st Prize and
2nd 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 VIL 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 (Aadhar 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 (i.e.
Score and Win Challenge - Season-13) - 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 (i.e. Score and Win Challenge -
Season-13) organized by the Organizer for VIL. Further, Winners of Bumper Prize
or equivalent prize shall provide declaration that winner does not share the
same address with Winners of previous Challenge (i.e. Score and Win Challenge -
Season-13) organized by the Organizer for VIL 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 VIL 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 Organizer.
- 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.
- VIL 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 VIL for delay in delivery of the prize(s) on any grounds whatsoever.
The
Organizer and / or VIL 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 VIL 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 VIL number, domicile, payment of
outstanding amount to VIL or any other information provided by the Participant, shall
entitle the Organizerto disqualify him/her without any further intimation. The Organizer
agrees that VIL 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 VIL
and/or
the Organizer, unless otherwise expressly provided hereunder.
- The Winner’s name will be announced by the Organizer along with Independent
External Auditor, as registered in the system of VIL.
- The Winners shall not be entitled to their respective prize, in case he/ she fails
to
clear all outstanding dues payable to VIL and / or is not an Active Subscriber of VIL
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.
- In addition to the Clause 12 PRIZES AND WINNER SELECTION PROCESS of this T&C,
the
Organizer reserves the right to roll over to next eligible Participant and/or forfeit
the
prizes under the following circumstances:
- If documents provided are found to be inaccurate/misleading.
- If Winner is unwilling to claim/accept the prize.
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 VIL 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 VIL 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 VIL and the Organizer & shall not raise any dispute in this regard in any manner
whatsoever.
- Participants are requested not to use any abusive/inappropriate language on any
queries
done on email i.e. games@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 VIL 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.
- 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 http://one97.com/contest/vil.
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. VIL 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 VIL
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 VIL 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 VOICE or on SMS
and or on
USSD 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
VIL.
- Neither VIL 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 VOICE or on SMS and or on USSD 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, VIL 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
VIL. 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 VIL 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 VIL 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 VIL and any third party claim in respect of misuse of any
information of a
third party. VIL and the Organizer shall have the right to defend themselves, pursuant
to this
Clause, at the cost of the Participant.
- The Organizer, VIL 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 VIL
reserve the right to seek damages from any such Participant to the fullest extent
permitted by
law.
- The Organizer and VIL do not make any commitment, express or implied to respond to
any
feedback, suggestion and/or queries of the Participants.
- The Organizer VIL 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, VIL 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
VIL 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 VIL and the Organizer
and to
any third party content licensor to VIL 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;
- Participants shall fill the submit minimum required information before contest or
the
particular season (if applicable) is over at the URL: http://one97.com/contest/vil/index.html or
http://one97.com/contest/vil/SNW/home.html
- 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 games@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 VIL 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/calls 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 VIL
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;
- 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; and
- Confirm and undertake that You will make an informed choice
regarding the
option to play through Voice or Short Message Service
(“SMS”) or on
Unstructured Supplementary Service Data (“USSD”) and after
understanding the implications of the same.
- 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 VIL (“Force
Majeure
Event”). VIL and the Organizer shall not be liable for any delay or adverse effect
caused
to Participants as a result of a Force Majeure Event. VIL shall intimate the suspension
of the
Challenge caused as a result of such Force Majeure Event to the Participants.
- VIL 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 VIL 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. Participants’ personal information
will be
stored and processed in accordance with VIL Privacy Policy which is available
at http://www.vodafone.in/privacy-policy?section=consumeror
https://www.ideacellular.com/privacy-policy.
- 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 VIL 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 VIL 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 VIL 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 VIL 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 zone groups –
S.No.
|
Circle Group
|
Region
|
1
|
PUNJAB, HARYANA, HHIMACHAL PRADESH, JAMMU & KASHMIR
|
North
|
2
|
UTTAR PRADESH EAST & UTTAR PRADESH WEST
|
North
|
3
|
DELHI, RAJASTHAN
|
North
|
4
|
WEST BENGAL, NESA, ORISSA, BIHAR, KOLKATA, ASSAM
|
East
|
5
|
ANDHRA PRADESH & KARNATAKA
|
South
|
6
|
TAMIL NADU, CHENNAI & KERALA
|
South
|
7
|
MADHYA PRADESH
|
West
|
8
|
MUMBAI
|
West
|
9
|
GUJARAT
|
West
|
10
|
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 VIL or the Organizer in this regard.
EXHIBIT B
CHALLENGE DETAILS – ACTIVATION, STEPS AND RESTRICTIONS
The charges paid by the subscribers are towards the service and no additional charge is collected
from the subscriber for participating in the Challenge.
- Charging:
- Participation in the Challenge through calls (IVR and OBD):
- Each Challenge Pack Member can subscribe to the Challenge through IVR for free by
dialling 5040406 for PPQ Challenge and shall be charged Rs.1, Rs.2, Rs.3 Rs.4 or Rs.5
per question as per the mobile account balance he/she has based on table A;
- Participation in the Challenge through SMS and USSD:
- Each Challenge Pack Member can subscribe to the Challenge through SMS and USSD for
free by dialling in the short code as mentioned below. Post subscription they shall be
charged Rs.1, Rs.2, Rs.3, Rs.4 or Rs.5 per SMS or USSD flash (as per the as per the
mobile account balance he/ she has based on the table A below) sent to the number
5040406 during the Challenge Period, unless otherwise specified herein.
Table A
Scoring Details
|
Charging per question (INR)
|
Score
|
5
|
50
|
4
|
40
|
3
|
30
|
2
|
20
|
1
|
10
|
- A Challenge Pack Member will be charged only if he/she plays the Challenge, in accordance
with these Terms and Conditions. There will not be any automatic deduction of charges for this
Challenge.
- The charged amount will not be refunded to Challenge Pack Members under any
circumstances.
- Challenge on Voice
- Challenge will be available on the toll-free numbers 5040406.
- All the Challenge Pack Members can play the Challenge by calling the toll-free numbers
5040406.
- All questions under this Challenge shall be based on information available to the public at
large.
- The Challenge consists of questions with 2 answer options each.
- All Challenge Pack Members may choose to play all questions at once, else he/she can
continue playing the questions on any of the days during the Challenge Period.
- Challenge Pack Members can press 1 for
1st option or 2 for
2nd option on the phone keypad to
answer.
- For every right answer the Challenge Pack Member will get points as per
Table A. There is no negative marking for a
wrong answer.
- After every right or wrong answer, the Challenge Pack Member will be played an appropriate
prompt, with his/her updated score and given the next question and answer options.
- If Challenge Pack Member stops playing the Challenge after answering the nth question then
when he/she calls back on the toll-free number 5040406, he/she will be given the
(n+1)th question.
- If Subscriber stops participating in the Challenge without answering the nth question, then,
when he/she calls the afore-mentioned number, he/she will be given the nth question, which may
be different from what he/she received previously, i.e., if a Subscriber listens to the 4th
question but drops the call without answering the 4th question, then when he/she calls again,
he/she will be given the 4th question, which may be different from what he/she received
previously.
- The Challenge Pack Member will be given the questions one after the other till he/she
finishes answering all the questions of the Challenge.
- The Challenge can be played only once by a Challenge Pack Member.
- Challenge on SMS:
- Challenge Pack Members can register for this Challenge on SMS, by sending CAR or
‘A’ or ‘B’ and can play this Challenge by sending PLAY or any other
keyword except UNSUB CAR, HELP MENU, L1, L2, LANG, and SCORE as an SMS to the toll free number
5040406.
- A Challenge Pack Member shall be charged as per charging grid mentioned herein
for every SMS sent to the number 5040406, except for Keywords - CAR, PLAY,
HELP, UNSUB CAR, MENU, L1, L2, LANG, and SCORE. The questions under this Challenge shall be
based on information available to the public at large.
- The Challenge consists of questions with 2 answer options each. Challenge Pack Members can
answer the questions by sending ‘A’ or ‘B’, as a response to the
questions to the number 5040406.
- All Challenge Pack Members may choose to play all questions at once, else he/she can
continue playing the Challenge on any of the days during the Challenge Period.
- For every right answer, the Challenge Pack Member will get points as per Table A. There is
no negative marking for a wrong answer.
- After every right or wrong answer, the Challenge Pack Member will be sent an appropriate SMS
on his/her number registered with VIL with his/her updated score and given the next question and
answer option.
- If Challenge Pack Member stops playing after answering the nth question, then when he/she
sends an SMS using PLAY, he/she will get the (n+1)th question.
- The Challenge Pack Member will be sent the questions one after the other till he/she
finishes answering all the questions of the Challenge.
- A question will be valid only for 48 hours from the time question is pushed from system.
Post this question will be expired. If a user replies to an expired question, then no score will
be awarded to him / her.
- The Challenge can be played only once by a MSISDN.
- Challenge on USSD:
- All Challenge Pack Members may play the Challenge by dialling the Unstructured Supplementary
Service Data (“USSD”) string *545*06#.
- This will be followed by question and answer options on USSD channel.
- All the questions have 2 answer options each and Challenge Pack Members can answer by
sending 1 or 2, as a response to the questions.
- For every right answer, the Challenge Pack Member will get
points as per Table A. There is no negative
point for wrong answers.
- After every right or wrong answer, the Challenge Pack Member will be sent one USSD message
with the right or wrong answer response, along with the score details and the next question and
answer options.
- If a Challenge Pack Member stops playing after answering the nth question then when he/she
dials USSD string *545*06# again, he/she will get the
(n+1)th question on USSD.
- The Challenge Pack Member is given the questions one after the other till he/she finishes
answering all the questions.
- The Challenge can be played only once by a Challenge Pack Member.
- Challenge on OBD:
- All Challenge Pack Members may play the Challenge by attending the Out Bound Dialer
(“OBD”) call.
- The Challenge consists of questions with 2 answer options each and Challenge Pack
members can press 1 for 1st option or 2 for 2nd option on the phone keypad to answer.
- For every right answer the Challenge Pack Member will get points as per Table A. There is no
negative marking for a wrong answer.
- After every right or wrong answer, the Challenge Pack Member will be played an appropriate
prompt, with his/her updated score and given the next question and answer options.
- The Challenge Pack Member will be given the questions one after the other till he/she
finishes answering all the questions of the Challenge.
- The Challenge can be played only once by a Challenge Pack Member.
If a Challenge Pack Member plays the Challenge over all channels (VOICE, OBD, USSD & SMS),
his/her score will only be cumulative and not exclusive for each of the channels. i.e. if the
Challenge Pack Member has started playing the Challenge on voice and has scored 20 points in 3
questions, if he/she drops the call and resumes playing through SMS, he/she will be given the 4th
question at Re.1 with 10 points, and if he/she answers the question correctly, his/her score will be
30. And this will be the score that will be considered for the Winner selection for all the prizes.
Total question limit for this Challenge is 5000 for every participant.
EXHIBIT C
PRIZES AND WINNER SELECTION PROCESS
Score and Win Challenge Gratification Grid
|
Category
|
Type
|
Prize
|
Total Winners
|
Description
|
Bumper
|
National
|
BIKE
|
1
|
Bumper Prize Winner shall be selected from PAN India (National), on fulfilling
the Winner selection criteria after completion of the Challenge
|
1st Prize
|
Zonal
|
Smart Phone
|
4 (1 Per Zone)
|
1st Prize Winner shall be selected from each zone on fulfilling the Winner
selection criteria, after completion of the Challenge
|
2nd Prize
|
Circle Group
|
Smart LED TV
|
10 (1 per circle group)
|
2nd Prize Winner shall be selected from each circle group on fulfilling the
Winner selection criteria, after completion of the Challenge
|
3rd Prize
|
National
|
Recharge worth INR up to 5000
|
30 (1 per day National)
|
3rd Prize Winner shall be selected from PAN India (National) on fulfilling the
Winner selection criteria, after completion of the Challenge. Top Scorer of the day
Nationally
|
Recharge Prize
|
Circle Group
|
Recharge worth INR up to 50
|
2000 (1st 200 top scorer per circle group)
|
Recharge Prize Winner shall be selected from each circle group on fulfilling the
Winner selection criteria, after completion of the Challenge. Once per challenge
period
|
Surprising Monday
|
Circle Group
|
Recharge worth INR up to 1000
|
40 (1 per week circle group)
|
Surprise Day Winners shall be selected from each circle group on every Monday
(surprise day) during the Challenge period, on fulfilling the Winner selection
criteria after completion of the Challenge. Top Scorer of the day for Circle
Group
|
**Idea & Vodafone Challenges will be treated combined for the purpose of winner selection.