TERMS AND CONDITIONS GOVERNING THE CHALLENGE SUBSCRIBE AND WIN CHALLENGE - SEASON-3 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”).
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 “SUBSCRIBE AND WIN
SEASON-3” (“CHALLENGE”) DURING THE CHALLENGE PERIOD AS
MENTIONED HEREIN.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THIS
CHALLENGE KNOWN AS “SUBSCRIBE AND WIN SEASON-3”. 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;
- For Prepaid Subscribers – Subscribers must have the minimum requisite
balance of Rs.11 per day, to be eligible to participate in this Challenge;
- He/she must not be of an unsound mind;
- He/she must not be under any legal disability e.g. insolvency, restraint by
court orders etc. and / or is prohibited from entering any contractual relationship;
- 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 Subscribe and Win – Season 3 and be made
available in the English language on WAP Portal (i.e. https://viservices.in/vilcontest_subs/).
- Further, the SUBSCRIBE AND WIN SEASON-3 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
11th February, 2023, 00:00:01 hours to 31st March, 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
- 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 cashback/recharges.
- The time taken for answering a question calculated from the time the
Organizer’s system displays the question on customer handset till the answer is received
by the system.
- A Subscriber may be eligible to win more than one Prize during the Challenge Period,
provided he/she meets the scoring criteria, as per the table under Exhibit C, of the respective
Prizes and gets selected.
- All the Winners shall be chosen in accordance with the Winner selection process
duly certified by an 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 Winner 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.
- 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 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 Weekly 1st 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
- 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 11 of the 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.
- Mobile Number Portability (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;
- Participants shall fill and 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/SubscribeNWin/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; and
- Warrant that prior to subscribing to the Challenge, it shall be
deemed that
You have read and have agreed to be bound by the Terms and Conditions herein
and the
terms and conditions of the Challenge Pack.
- Force Majeure – This Challenge is subject to force majeure
circumstances including without limitation, floods, natural disasters, war, act of terror,
political
unrests, technical snags, act of God or any circumstance beyond the reasonable control of 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 https://www.myvi.in/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 region/zone groups –
S.No.
|
Circle Group
|
Region/Zone Group
|
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:
- Each Challenge Pack Member can subscribe to the challenge through WAP by
landing
on
the following Wap page https://viservices.in/vilcontest_subs/. Where users can
subscribe
to the service at the charge of Rs.49 for 7 days and get 20 questions per day for 7 days
validity period, user get totally 140 questions. They shall be charged on fall-back
charging
as
per the mobile account he/she is on based on the Table A mentioned below) during the
Challenge
Period, unless otherwise specified herein.
Table A
Main - Price Point
|
Charging Amount
|
Validity
|
No.of.Question
|
Rs.49
|
7 days
|
140
|
- The auto-renewal will happen once after the pack validity day is completed.
- Fall-back amount on the subscription model will be as follow.
Fall-back - Price Point
|
Charging Amount
|
Validity
|
No.of.Question
|
Rs.35
|
5 days
|
100
|
Rs.32
|
3 days
|
60
|
Rs.10
|
1 day
|
20
|
- The charged amount will not be refunded to Challenge Pack Members under any
circumstances.
- Challenge Rules:
- User has to subscribe to the contest to play the Question & Answer.
- User can subscribe to the service at Rs.49 (subscription model) with fall-back
charging.
- User subscribed with rs.49 for 7 days and get 140 questions as mentioned in
above
charging grid.
- There would be a daily quote of 20 questions a day, which can be added every
next
day
till the validity of the subscription.
- If user subscribed today at rs.49 for 7 days, then he/she will be added with 20
questions of the day, and 2nd day user will get another 20 questions, every fresh day user
account
will be added with 20 questions automatically until the pack validity is end.
- All challenge pack members may choose to play all questions during the
challenge
period.
- Every right question will give 10 points to user and there will be no negative
marking
for wrong answer.
- Every individual scoring will be managed separately for the Competition.
- Attractive prizes for higher scorers to lower scorers.
- Contest questions from below genres
- General Knowledge
- Sports
- Cinema & Celebrity
- History
- Health
- Current Affairs etc…
- Challenge on WAP:
- Challenge will be available on WAP mode where fresh users can subscribe to the
pack
and
play the challenge by clicking following WAP URL: https://viservices.in/vilcontest_subs/
- A Challenge Pack Member shall be charged as per charging grid mentioned herein
for
every question reply. The questions under this Challenge shall be based on information
available
to
the public at large. Please refer to Table A for details of Charging Grid.
- Subscribers playing through WAP mode shall get two (2) choice buttons to answer
the
question and will then move to next question automatically.
- 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 10 points. There is
no
negative making for a wrong answer.
- After every right or wrong answer, the Subscriber will be displayed an
appropriate
information and will be given his/her updated score followed by the next question and answer
options. If a Subscriber stops playing the Challenge after answering the nth question, then
when
he/she resumes playing, he/she will be played the (n+1)th question.
- The Challenge Pack Member will be displayed the questions one after the other
till
he/she finishes answering all the allotted questions.
- A question will be valid for the same session, if users refresh the browser
then
next
question will be displayed from system.
- Total question limit for the Challenge is 980 for every participant.
DEREGISTRATION DETAILS
Registered user, not willing to continue in the challenge, can deregister from the
Challenge
by following the deregistration procedure from help menu.
EXHIBIT C
PRIZES AND WINNER SELECTION PROCESS
Main Challenge Prize Gratification:
**Idea & Vodafone Challenge will be treated combined for the purpose of winner
selection.
Category
|
Type
|
Prize
|
Total Winners
|
Description
|
Weekly - 1st Prize
|
National
|
43 inch 4K Ultra HD TV worth up to INR 68,390
|
7 (1 per weekly at PAN India Level)
|
Weekly 1st Prize - 1 winner will be selected from PAN India Level Weekly.
|
Weekly - 2nd Prize
|
National
|
Recharge worth up to INR 2500
|
7 (1 per weekly at PAN India Level)
|
Weekly 2nd Prize - 1 winner will be selected from PAN India Level Weekly
after selection of Weekly 1st Winner.
|
Weekly - 3rd Prize
|
National
|
Recharge worth up to INR 1000
|
14 (2 per weekly at PAN India Level)
|
Weekly 3rd Prize - 2 winners will be selected from PAN India Level Weekly
after selection of Weekly 1st and Weekly 2nd Winners.
|
Weekly - Assured Prize
|
National
|
Recharge worth up to INR 50
|
3500 (First 500 users to answer 10 questions correctly (Once per
Challenge)
|
Weekly Assured Prize - First 500 users to answer 10 questions correctly
from
PAN India level weekly to win recharge prize. One MSISDN can win Recharge Prize only
once during the challenge period.
|