INTRODUCTION
THE CHALLENGE IS AN OPTIONAL CHALLENGE CONCEPTUALIZED, ORGANIZED AND HOSTED BY ONE97
COMMUNICATION
LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE
AT,1st FLOOR, DEVIKA TOWER, NEHRU PLACE, NEW DELHI – 110019 AND ITS CORPORATE
OFFICE AT
SKYMARKONE (ONE SKYMARK), PLOT NO H – 10, TOWER D, SECTOR - 98, NOIDA, DIST – GAUTAM
BUDH
NAGAR, UTTAR PRADESH, INDIA (HEREINAFTER REFERRED TO AS “ONE97” OR
“ORGANIZER”) FOR THE ELIGIBLE RIGHTFUL SUBSCRIBERS OF VODAFONE IDEA
LIMITED, (HEREINAFTER REFERRED TO AS “VIL/VODAFONE IDEA/Vi”).
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES
THERE
UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT
REQUIRE ANY
PHYSICAL OR DIGITAL SIGNATURES.
THE FOLLOWING TERMS & CONDITIONS SHALL BE APPLICABLE TO ALL VIL POSTPAID & PREPAID
SUBSCRIBERS
PARTICIPATING IN THE CHALLENGE KNOWN AS “SUBSCRIBE RECHARGE AND WIN
SEASON-5” (“CHALLENGE”) DURING THE CHALLENGE
PERIOD AS
MENTIONED HEREIN.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THIS CHALLENGE
KNOWN AS
“SUBSCRIBE RECHARGE AND WIN SEASON-5 CHALLENGE”. 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.
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
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. On WAP channel time taken for answering a question is
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.
***Here calendar month refers to month of January, February, March, April, May, June, July,
August,
September, October, November, December.
- During the playing of the challenge if a Participant drops call/ stops replying on SMS/WAP,
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/WAP), 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/index.html and the Organizer shall also make 5
consecutive
attempts to contact Winners over call and/or SMS and/or email to inform about the
prizes and further process of claiming the prizes (“Communication”). Organizer
shall
maintain requisite record in this regard. The Winner will have to
submit the documents (required documents mentioned below) within 30 days post the
Organizer contacts the winner through Call or SMS or email. It is the responsibility
of the
Participant to check the result link provided on daily basis post completion of Challenge to
know the Winners. And further it is the responsibility of Winners to
claim
their prize. The details required for claiming the prize shall be mentioned along
with Challenge Winner list.
- The Organizer reserves the right to roll over to next eligible Participant and/or forfeit
the
prizes, at its sole discretion of the Organizer and Winner agrees to surrender the
prize if:
- The Winner does not claim the prize or fails to submit all necessary
documents
pursuant to these terms and conditions, within 30 days post the Organizer
made a
Communication with the Winner.
- The Winner does not submit TDS (if applicable) amount within 20 days of
receipt of
information from the Organizer.
- The Winner is disqualified for tampering with or abusing the process or any Terms
and Conditions
of the Challenge or for any other valid reason deem fit by the Organizers in the
genuine
interest and fairness of the Challenge.
- The Winners are not reachable/contactable after One97 has attempted to establish a
Communication
with the winner. Post expiry of the stipulated time, the winner will not be entitled
to claim
the prize.
- In all cases or any issues related to Winner’s liability on TDS amount, the
Organizer’s decision will be final.
- Post completing the documentation process, the Winner will be informed (through
tele-calling) regarding the modalities of the prize and distribution thereof. Delivery of
prize
will be subject to the Winners giving the correct address and his/her availability
there. In the event, the prize cannot be delivered due to reasons beyond the control of the
Organizer, the Winner(s) shall collect them from the nearest place, specified by
the
Organizer, at their own cost. The Organizer will not be liable to reimburse the cost so
incurred
by Winner - whether travel, accommodation or any other cost.
Note: If there is any delay in the verification of probable winners 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 o nly after successful verification of documents
submitted by
the Winners.
- Winner, who is found to have made a false claim under sub clause 16, does hereby agree
to:
- Allow the Organizer to recover the Prize (referred to in sub-clause 16); and
- Completely indemnify the Organizer, including any cost thereof, if declaration made
in sub clause 16 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 Internal 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/index.html
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 Monthly 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.
- All winners are responsible for the safekeeping of their Gift/Cashback Voucher. Should the
Gift/Cashback Voucher be lost, misplaced or stolen, or the value on the Gift/Cashback
Voucher be
used by an unauthorized person, neither the Organizer nor VIL shall be held liable. The
Organizer or VIL shall not be held liable in the event of any fraudulent transactions
relating
to the Gift/Cashback Voucher.
- In the event of the Gift/Cashback Voucher being lost, misplaced or stolen, the winner shall
be
responsible for reporting the same to the games@paytm.com Any queries in respect of usage of
the
Gift/Cashback Voucher can be directed to games@paytm.com.
- You acknowledge and agree that the amount mentioned in the Gift/Cashback Voucher may not be
fully utilized, due to any reason; and You hereby agree that You are not entitled to any
refund
or any claim for such unutilized amount. Any complaint or claim shall not be entertained
with
respect to such unutilized amount.
- 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, Organizer or VIL
shall
have no liability towards this.
- 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 Organizer to disqualify him/her
without any further intimation. The Organizer agrees that VIL does not have any liability or
responsibility with respect to any information furnished by a Subscriber to the
Organizer.
- Apart from the entitlement to the prizes mentioned herein, the Winners or their legal heirs,
successors or representative will have no other rights or claims against VIL and/or the
Organizer, unless otherwise expressly provided hereunder.
- The Winner’s name will be announced by the Organizer along with Independent External
Auditor, as registered in the system of VIL.
- The Winners shall not be entitled to their respective prize, in case he/ she fails to clear
all
outstanding dues payable to VIL and / or is not an Active Subscriber of VIL during Challenge
Period and on the date of claiming the prize/s.
- In event of the death of the Winner, the prize if any may be awarded by the Organizer to the
legal heirs/successors of the deceased Winner at sole discretion of the Organizer. The
Organizer
shall have the rights to call for such documentary evidence before handing over the prize to
the
legal heirs/successors as it deems fit and in case of no documentary proof or evidence of
Successors legal right the prize shall be transferred to next eligible winner.
- In addition to the Clause 12 PRIZES AND WINNER SELECTION PROCESS of this T&C, the
Organizer
reserves the right to roll over to next eligible Participant and/or forfeit the prizes under
the
following circumstances:
- If documents provided are found to be inaccurate/misleading.
- If Winner is unwilling to claim/accept the prize.
If the Winner is not able to provide sufficient evidence to show that he/she is the
Subscriber of the
mobile number. Any failure on the part of the Winner to comply with directions issued by
the Organizer
for claim of prize shall entitle the Organizer to forfeit the prize(s) or roll the prize
over to the
next eligible Winner, at their sole discretion.
- 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 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.