TERMS AND CONDITIONS GOVERNING THE SCORE AND WIN CHALLENGE - SEASON-9 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 B-121, SECTOR 5, NOIDA, UP 201301 (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-9”
(“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-9”. 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-9 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
9th September, 2022, 00:00:01 hours to 7th December, 2022, 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. Tuesday 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 to inform about the prizes and further process of
claiming
the prizes. 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 prize will be rolled over to next eligible Participant or forfeited, at the
sole
discretion of the Organizer and Winner agrees to surrender the prize if:
- The Winner does not claim the prize or fails to submit all
necessary
documents within 30 days post the Organizer contacts the winner through
Call
or
SMS or
Email.
- The Winner does not submit TDS (if applicable) amount within
20
days
of
receipt of information from the Organizer.
- 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 8 which was
conducted
between 11th June 2022 to 8th September 20222) 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 8) 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 8) 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 8) - 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 8) 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 8) 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.
- The Organizer reserves the right to forfeit the prizes under the following
circumstances:
- If documents as mentioned herein are not submitted within 30 days
- If TDS (if applicable) not submitted within 20 days.
- If documents provided are found to be inaccurate/misleading.
- If Winner is unwilling to claim/accept the prize.
- If the Winner is not reachable over phone after trying 5
times.
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 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 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;
- 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; and
- Warrant that prior to subscribing to the Challenge, it shall be
deemed
that
You have read and have agreed to be bound by the Terms and Conditions herein and
the
terms and conditions of the Challenge Pack.
- 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”) or on IVR 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 hrs 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
|
CAR
|
1
|
Bumper Prize Winner shall be selected from PAN India (National), on
fulfilling the Winner selection criteria after completion of the Challenge.
|
1st Prize
|
Circle Group
|
Tablet
|
10 (1 per circle group)
|
1st Prize Winner shall be selected from each circle group on
fulfilling
the
Winner selection criteria, after completion of the Challenge.
|
2nd Prize
|
Circle Group
|
Smart Phone
|
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.
|
Assured Prize
|
Circle Group
|
Recharge worth INR up to 100
|
5000 (1st 500 top scorer per circle group)
|
Assured Prize Winner shall be selected from each circle group on
fulfilling
the Winner selection criteria, after completion of the Challenge. Once per
challenge
period.
|
Daily Prize
|
National
|
Recharge worth
INR
up
to 2000
|
90 (1 per day National)
|
Daily 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.
|
Surprising Tuesday
|
Circle Group
|
Recharge worth INR up to 1000
|
130 (1 per week circle group)
|
Surprise Day Winners shall be selected from each circle group on
every
Tuesday (surprise day) during the Challenge period, on fulfilling the Winner
selection
criteria after completion of the Challenge.
|
**Idea & Vodafone Challenges will be treated combined for the
purpose of
winner selection./p>