Terms & Conditions

TERMS AND CONDITIONS GOVERNING THE CHALLENGE SUBSCRIBE AND WIN CHALLENGE SEASON 36 IS A PROMOTIONAL ACTIVITY ORGANIZED BY ONE97 COMMUNICATION LIMITED IN ASSOCIATION WITH VODAFONE IDEA LIMTED 

A.       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”).

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 36”  (“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 36”. 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.

B.       DEFINITIONS

  1. Subscriber” shall mean the rightful user of the VIL mobile connection of Vodafone brand 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.
  2. Organizer: under this T&C shall mean ONE97 who shall be responsible for conceptualizing, organizing and hosting this Challenge.
  3. Active Subscriber” shall mean a Subscriber who uses the Vodafone brand Subscriber Identity Module (“SIM”) of VIL on a regular basis for purposes other than to participate in any offer or Challenge offered by VIL.
  4. Circle(s)” shall mean VIL Telecom Service Areas.
  5. 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.
  6. 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.
  7. Eligible Subscriber” shall mean an Active Subscriber of VIL satisfying the following criteria at the time of participation and during continuation of Challenge:–
    1. He/she must be of at least 18 years of age;
    2. He/she must be a citizen of India;
    3. He/she must be an Active Subscriber of VIL;
    4. 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;
    5. For Prepaid Subscribers – Subscribers must have the minimum requisite balance of Rs. 2 per day, to be eligible to participate in this Challenge;
    6. He/she must not be of an unsound mind; and
    7. 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.
    8. He/she must not have been subject of any criminal proceeding;
    9. Subscribers who are roaming outside their home Circle will be barred from playing the Challenge.
  1. 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.
  2. Further, the Subscribe and Win Season 36 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.
  3. 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.
  4. 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 decision of the Organizer or VIL shall at all times be binding and final.

C.     CHALLENGE PERIOD

  1. This is a limited period Challenge for Eligible Subscribers of VIL, available from 16th May, 2020, 00:00:01 hours to 13th August, 2020, 23:59:59 hours, both days inclusive (“Challenge Period”).
  2. Organizer and VIL reserves the right to extend or shorten the Challenge Period, as it deems fit.

D.     CHALLENGE AREA

Kindly refer to Exhibit A.

E.     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.

 

F.     PRIZES AND WINNER SELECTION PROCESS

    1. Please refer to Exhibit C for details of prizes.
    2. 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.
    3. Prize/rewards contained herein are applicable only for the Participants who are scoring points by playing the Challenge.
  1. 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:
    1. Highest Score – The Participant with highest score and;
    2. Shortest Possible Time – The Participant who took least time to answer the questions would be selected as the Winner

 

  1. 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
  2. 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.
  3. 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.
  4. 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.
  5. 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
  6. 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.
  7. Post selection of Winners the results will be uploaded on http://one97.com/contest/vodafone 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.
  8. 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:
    1. 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.
    2. The Winner does not submit TDS (if applicable) amount within 20 days of receipt of information from the Organizer.
  9. In all cases or any issues related to Winner’s liability on TDS amount, the Organizer’s decision will be final.
  10. 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.
  11. 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 only after successful verification of documents submitted by the Winners.
  12. Winners (including spouse of Winners and immediate/first blood relatives of Winners) of previous Challenge and/or engagement activities/offers organized by the Organizer for VIL who have won a Bumper Prize or any equivalent prize shall not be eligible for the Prize in this Challenge. Here, engagement activities/offers mean the activities organized by the Organizer since 2018 with VIL. This restriction shall also apply to other Participants who share the same address with Winners of previous Challenge and/or engagement activities organized by the Organizer for VIL who have won a Bumper Prize or equivalent prize.
  13. 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 or any equivalent prize of previous Challenge and/ or engagement activities/offer organized by the Organizer for VIL.
  14. Winner, who is found to have made a false claim under sub clause 16, does hereby agree to:
    1. Allow the Organizer to recover the Prize (referred to in sub-clause 16); and
    2. Completely indemnify the Organizer, including any cost thereof, if declaration made in sub clause 16 is found false or incorrect.  
  15. 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.
  16. All prizes will be given after deducting various taxes, license fees and charges as applicable except as otherwise stated in writing.
  17. 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.
  18. The list of the Winners of the prizes will be announced and published on http://one97.com/contest/vodafone after the end of the Challenge and after all the Winner selection process are completed.
  19. All prizes offered in this Challenge will be sponsored and distributed by the Organizer or a designated third party.
  20. 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 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.
  1. 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.
  2. 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.
  1. 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):
    1. Address proof (Voter ID / Driving License / Passport/electricity bill not older than 3 months /Telephone bill not older than 3 months etc).
    2. Photo Id proof (Aadhar Card / Passport/Voter ID/Driving License etc).
    3. One passport size photo.
    4. Affidavit declaration for acceptance of Prize (format will be communicated/shared with Winner).
    5. Post paid bill (for post paid user) (additional document).
    6. Submission of acknowledgement letter (as per the format that shall be provided by the Organizer) on receipt of the Prize(s)
    7. PAN card copy self-attached
    8. For Bumper Prize or equivalent prize Winners of previous Challenge- 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 or equivalent prize in previous Challenges organized by the Organizer for VIL. Further declaration required from Bumper prize or equivalent Prize Winner that winner does not share the same address with Winners of previous Challenges and/or engagement activities organized by the Organizer for VIL who have won a Bumper or equivalent Prize.
    9. 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:
      1. No Objection Certificate and
      2. Authorization letter of the employer.
    10. Letter of compliance with rules and regulations and declarations in the format as may be required by the Organizer or applicable laws.
    11. Every Winner has to provide his/her photograph and detail interview while receiving prize.
  1. 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.
  2. 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.
  3. 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.

  1. 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.
  2. 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.
  3. You acknowledge and agree that the amount mentioned in the Digital Gold may not be fully utilized, subject to change in the rates and related antecedents to such Digital Gold; 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  1. 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.
  2. 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.
  3. 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.
  4. The Winner’s name will be announced by the Organizer along with Independent External Auditor, as registered in the system of VIL.
  5. 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.
  6. 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.
  7. The Organizer reserves the right to forfeit the prizes under the following circumstances:
    1. If documents as mentioned herein are not submitted within 30 days
    2. If TDS (if applicable) not submitted within 20 days.
    3. If documents provided are found to be inaccurate/misleading.
    4. If Winner is unwilling to claim/accept the prize.
    5. 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 National/Circle prize where the number will be registered at the time of winner selecting process.
  • li>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.
  • Contestants are requested not to use any abusive/inappropriate language on any queries done on email i.e. games@one97.net , else One97 hold the right to not to respond to such queries raised by the customers.
  • The Digital Gold Price is provided by the mobile payment and commerce platform, Paytm. A separate T&C shall apply, for which Subscribers are requested to kindly visit the following website https://paytm.com/offer/goldback/. Winners are requested to adhere to the said T&C. Any queries in respect to usage of the Digital Gold and be directed to care@paytm.com or contact on the below numbers.
  • Paytm 24*7 Customer Helpline Numbers

    • Bank, Wallet and Payments         0120-4456-456
    • Movies and Events Tickets           0120-4728-728
    • Paytm Mall Shopping Orders      0120-4606060
    • Paytm Travel Tickets and Forex   0120-4880-880

    ** Please note that while the number is available 24*7 for your convenience, we contact our customers between 10 AM to 8 PM.

    G. MODIFICATION AND WITHDRAWAL OF TERMS AND CONDITIONS

    1. 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.
    2. 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://vodafone.contestzone.in. 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.

    H. DISCLAIMERS

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
    8. The Organizer and VIL do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participants.
    9. 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.

    I. INTELLECTUAL PROPERTY RIGHTS

    1. 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.
    2. 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.
    3. 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.

    J.      GENERAL TERMS AND CONDITIONS

    1. 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;
    2. This awards under this Challenge cannot be used in conjunction with any alternative award or promotion of a similar nature;
    3. The provisions of this service, the Challenge and any other promotional endeavour may not be used for any commercial purpose by any Subscriber.
    4. 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.
    5. Points obtained in this Challenge will be valid for this Challenge only & will not be carried forwarded to new or any other Challenge.
    6. The Participant may contact the Organizer for any queries/complaints by sending an email to games@one97.net 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).
    7. 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.
    8. Also, by participating in this Challenge, You:
      1. Agree to the Terms and Conditions mentioned below and give Your consent for the same;
      2. 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;
      3. Warrant that You have read, understood and agreed to confirm to these Terms and Conditions;
      4. Warrant the accuracy, truthfulness and currency of all information that You have submitted; and
      5. 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.
      6. 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.
    9. 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.
    10. 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.
    11. The Organizer and VIL shall be entitled to use, the details of the Participant such as name, photograph, the prizes awarded to them 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 Vodafone Privacy Policy which is available at http://www.vodafone.in/privacy-policy?section=consumer.
    12. 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.
    13. 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.
    14. 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.
    15. 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.
    16. 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

    Region

    1

    DELHI

    North

    2

    HARYANA

    North

    3

    UTTAR PRADESH EAST

    North

    4

    UTTAR PRADESH WEST

    North

    5

    PUNJAB, HIMACHAL PRADESH & JAMMU & KASHMIR

    North

    6

    ORISSA

    East

    7

    WEST BENGAL

    East

    8

    ASSAM & NORTH EAST

    East

    9

    BIHAR

    East

    10

    KOLKATA

    East

    11

    RAJASTHAN

    West

    12

    MADHYA PRADESH

    West

    13

    MUMBAI

    West

    14

    MAHARASTRA

    West

    15

    GUJARAT

    West

    16

    CHENNAI & TAMIL NADU

    South

    17

    KARNATAKA

    South

    18

    KERALA

    South

    19

    ANDHRA PRADESH

    South

     

    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, RESTRICTIONS AND DEACTIVATION.

    The charges paid by the subscribers are towards the service and no additional charge is collected from the subscriber for participating in the Challenge.

    Mode of Activation/Participation, Questions and Charges:

    1. Subscription Process to the Challenge Pack
    2. The active Subscribers may either call 545450 & 53111 (toll Free)
    • Subscription to the Challenge Pack is at Rs.6 for 6 questions daily.
    • As soon as a Subscriber sends a subscription request:
      • Through USSD (*545*1#) or SMS (ACT SONA to 199), he/she will receive an acknowledgement on his/her number registered with VIL telling him/her that his/her subscription request has been received.
      • Through Interactive Voice Response (“IVR”), a double subscription is required.
    • Once the Subscriber has been successfully subscribed through any of the above mentioned methods, he/she will get an SMS on his/her mobile number registered with VIL informing him/her about the current or upcoming Challenge, prizes to be won and that the current Challenge can be played at just Rs.6/- Rs.5/- Rs.4/- Rs.3/- or Rs2/- or Re. 1/- per day, depending on the balance available on his/her mobile number registered with VIL.
    • If the subscription is unsuccessful, the Subscriber will be sent an appropriate SMS on his/her mobile number registered with VIL telling him/her to try again later.
    • All Subscribers will automatically be eligible to play and win prizes offered in all Challenges launched as part of the Challenge Pack, as will be detailed in the terms and conditions of that respective Challenge. The prizes offered under the Challenge may vary from one Challenge to the next.
    • All Subscribers will be charged Rs.6, Rs.5, Rs.4, Rs.3 or Rs.2 or Re1 per day, depending on the balance available on his/her number registered with VIL, during the Challenge Period. Once they have successfully subscribed to the Challenge Pack until the completion of the Challenge Period or until they unsubscribe from the Challenge Pack, whichever is earlier, unless the pricing has been revised for this Challenge, the price revision will be communicated in advance.
    • If a Subscriber wants to unsubscribe from this Challenge Pack then it can be done by calling 545450 or 53111 toll-free. Upon effective un-subscription, an SMS will be sent to the mobile number of the Subscriber registered with VIL confirming the un-subscription from the Challenge Pack.
    • The Challenge consists of a total of 540 questions (6 questions per day for 90 days) with 2 answer options each.


     

    • Remainder Balance Charging:
    • On daily basis user will get maximum of 6 questions with main charge of Rs.6 for a day.
      • If in case a user is charged on fall-back of Rs.5 for 1 day & gets 5 questions then user will be allowed to play 5 questions for the day.
      • If user played all 5 questions for the day, then user will be informed that you have played all the eligible questions.
      • Based upon the remaining balance on customer’s number, he/she will be renewed with remaining charging amount of Re.1 and get 1 question for the day and system will allow user to resume playing the remaining question after call back to 545450 or 53111 or *545*1#.
    • Questions will expire if in case user did not play the questions on the same day.
    • Missed Day Charging:
    • Missed day charging logic will allow user to play the previous missed charging days and their allowed questions.
    • For instance, if Challenge start day is 20th April 2018 and user has subscribed the Challenge on 30th April 2018, then user will be allowed to play current day questions and previous 10 missed days’ (20-04-2018 to 29-04-2018) questions by giving day wise charging consent from 1st day of the Challenge.
    • If user subscribed to Challenge on 10th day at Rs.6 & played all 6 questions then system will ask user to play 1st day’s questions by paying Rs.6 and get 6 questions. After playing all 6 questions, system will again ask user to play 2nd day’s questions by paying Rs.6 and get 6 questions and same will be followed for all previous missed days.
    • Questions will be expired if in case user did not play all eligible questions on the same day of getting charged.
    • If a Challenge Pack Member plays the Challenge over voice and has scored 20 points in 3 questions, if he/she drops the call and resumes playing, he/she will be given the 4th question, 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.
    • The Subscriber is aware that SMS sent by the Subscriber may not be received by One 97 instantly due to various technical and other factors outside the control of One 97 such as network problems, system failure, etc. The Subscriber agrees and undertakes not to raise disputes due to delay caused in receiving the SMS by One 97 due to such reasons.
    • The time at which the Organizers receives the SMS from the Subscriber will be considered and not the time at which the Subscriber sent the SMS from his/her handset. (Example – Subscriber sent answer at 2 pm but it was received by One 97 only at 3 pm. One 97 will consider the time as 3 pm only).
    • The Subscriber undertakes not to challenge the selection process of highest scorer(s) in case of tie in the number of points scored, since the time at which the SMS was received by One 97 will be considered for selecting the highest scorer.

    All Subscribers will be sent regular SMS updates and details about the current and the upcoming Challenges informing about the prizes and charges with the terms and conditions URL of the specific Challenge. The SMS will contain the method of unsubscribing from the Challenge Pack, so that the Subscribers are educated about the same.

    • Subscribers will not be charged any amount on non-Challenge days (after the end of one Challenge, and before the start of the next Challenge).
    1. A Subscriber can subscribe and unsubscribe to the Challenge Pack multiple times- i.e. if he/she unsubscribe from the Challenge Pack, he/she can subscribe again, at any time, if he/she wishes to do so during the validity of the Challenge Pack. Score will be carried forwarded for a participant for every re-subscription. However, new subscription will start from zero on same Challenge.
    2. All Subscribers will be sent SMS on their mobile numbers registered with VIL before the launch of Challenge, informing them about the upcoming Challenge.
    3. Please note that participating or playing this Challenge is optional for the Subscribers, however, from the date of commencement of this Challenge till the end of the Challenge or un-subscription from the Challenge Pack, whichever is earlier, the Subscribers will be charged in accordance with these Terms and Conditions.
    4. Charging:
    • All Subscriber shall be allowed to play the Challenge each day only after being charged Rs.6,5, Rs.4, Rs.3, Rs.2 or Re.1 per day during the Challenge Period, depending on the available balance on his/her mobile number registered with VIL. The Subscriber will be charged on daily basis during the Challenge Period, irrespective of whether he/she plays the Challenge or not.
    • Renewal - The daily charging (as mentioned above) will be done from 00:10:00 hours onwards (or from the day on which he/she becomes eligible to participate in the Challenge), till the end of this Challenge or till the day he/she unsubscribes from the Challenge Pack, whichever happens first.
    • On subsequent days, the system will try to charge the amount (to all subscribers), depending on the available balance on his/her mobile number registered with VIL, irrespective of the successful charging or failure on the previous day. This amount will not be refunded to Subscribers under any circumstances.
    1. Challenge on Voice
    • Challenge will be available on voice for all subscribers and the subscribers can play by calling the toll-free number 545450 or 53111.
    • All the Subscribers can play the Challenge each day, only after being charged for the day.
    • Based on the amount charged, Subscribers will be allowed to answer questions for each day:
      • Subscribers who are charged Rs. 6/- will get to answer 6 questions;
      • Subscriberswho are charged Rs. 5/- will get to answer 5 questions;
      • Subscribers who are charged Rs. 4/- will get to answer 4 questions;
      • Subscribers who are charged Rs. 3/- will get to answer 3 questions;
      • Subscribers who are charged Rs. 2/- will get to answer 2 questions; and
      • Subscribers who are charged Re. 1/- will get to answer 1 question.
    • The questions under this Challenge shall be based on information available to the public at large.
    • The Challenge consists of a total of 540 questions (6 questions per day for 90 days) with 2 answer options each.
    • Subscribers can press 1 for 1st option or 2 for 2nd option on the phone keypad to answer the question.
    • For every right answer the Subscriber will get 10 points. There is no negative marking for any wrong answer.
    • After every right or wrong answer, the Subscriber will be played an appropriate prompt 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 calls back on the toll-free number 545450 or 53111 on the same day, he/she will be played the (n+1)the question.
    • If the Subscriber stops playing further questions, then he/she can continue playing by calling back on 545450 or 53111, on the same day, to receive the next question.
    • Irrespective of whether or not the Subscriber has answered all the questions on a particular day, when he/she calls on the next day, he/she will be played the first question of that day.
    • The points scored by the Subscriber in a day will get carried over to the next day.
    • The Subscriber will be played the questions one after the other till he/she finishes answering all the questions for that day.
    • There will be a black-out time for the Challenge every day between 11:55 PM and 12:55 AM. Black-out time will be the period during which the Challenge will remain closed for the Challenge Pack Members.
    • Unsubscription - If a Subscriber wishes to unsubscribe from the Challenge Pack that may be done by calling the toll-free number 545450 or 53111. Upon effective un-subscription an SMS will be sent to the number of the Subscriber registered with VIL confirming the un-subscription from the Challenge Pack.
    1. Challenge on WAP
    • Challenge will be available on WAP for all subscribers and the subscribers can play by clicking following WAP URL http://mv1.in/vod/cnt
    • All the Subscribers can play the Challenge each day, only after being charged for the day.
    • Based on the amount charged, Subscribers will be allowed to answer questions for each day:
      • Subscribers who are charged Rs. 6/- will get to answer 6 questions;
      • Subscriberswho are charged Rs. 5/- will get to answer 5 questions;
      • Subscribers who are charged Rs. 4/- will get to answer 4 questions;
      • Subscribers who are charged Rs. 3/- will get to answer 3 questions;
      • Subscribers who are charged Rs. 2/- will get to answer 2 questions; and
      • Subscribers who are charged Re. 1/- will get to answer 1 question.
    • The questions under this Challenge shall be based on information available to the public at large.
    • The Challenge consists of a total of 540 questions (6 questions per day for 90 days) with 2 answer options each.
    • Subscribers playing through WAP mode, shall get 2 choice buttons to answer the question and will then move to next question automatically.
    • For every right answer the Subscriber will get 10 points. There is no negative marking for any 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 on the WAP mode on the same day, he/she will be played the (n+1)th question.
    • If the Subscriber stops playing further questions, then he/she can continue playing through WAP mode on the same day to receive the next question.
    • Irrespective of whether or not the Subscriber has answered all the questions on a particular day, when he/she calls on the next day, he/she will be played the first question of that day.
    • The points scored by the Subscriber in a day will get carried over to the next day.
    • The Subscriber will be played the questions one after the other till he/she finishes answering all the questions for that day.
    • There will be a black-out time for the Challenge every day between 11:55 PM and 12:55 AM. Black-out time will be the period during which the Challenge will remain closed for the Challenge Pack Members.
    • Unsubscription - If a Subscriber wishes to unsubscribe from the Challenge Pack that may be done through WAP mode under the help menu section. Upon effective un-subscription an SMS will be sent to the number of the Subscriber registered with VIL confirming the un-subscription from the Challenge Pack.

    The charges paid by the subscribers are towards the service and no additional charge is collected from the subscriber for participating in the Challenge.

     

     

     

     

    EXHIBIT C

    PRIZES AND WINNER SELECTION PROCESS

     

     

    Category

    Type

    Prize Detail

    Total Winners

    Description

    Bumper

    Zonal

    Digital Gold worth INR 1,00,000

    8 (Two per Zonal)

    Bumper Prize Winner shall be selected from each Zone, on fulfilling the Winner selection criteria after completion of the Challenge.

    1st Prize

    Circle

    Digital Gold worth INR 11,000

    19 (One per Circle Group)

    1st Prize Winner shall be selected, from each circle, on fulfilling the Winner selection criteria after completion of the Challenge.

    2nd Prize

    Circle

    Digital Gold worth INR 1,100

    19 (One per Circle Group)

    2nd Prize Winner shall be selected, from each circle, on fulfilling the Winner selection criteria after completion of the Challenge.

    3rd Prize

    Circle

    Recharge - INR 500

    190 (Ten per Circle Group)

    3rd Prize Winner shall be selected, from each circle, on fulfilling the Winner selection criteria after completion of the Challenge.

    4th Prize

    Circle

    Digital Gold worth INR 200

    190 (Ten per Circle Group)

    4th Prize Winner shall be selected, from each circle, on fulfilling the Winner selection criteria after completion of the Challenge.

    Surprising Sunday

    National

    Recharge - INR 500

    6,500 (First 500 at National Level per Surprising Sunday)

    First 500 users who complete the below criteria will get Recharge worth INR 500 once in this Challenge nationally - The User who have played all 6 questions for the day quota and scored 60 points on Sunday

    Recharge Prize 2 -

    National

    Recharge - INR 50

    First 5,000 participant to score 300 Points (Unique for the Challenge)

    Recharge worth INR 50 will be given to unique users who have scored 300 points on national level. Winners of Recharge2 cannot win Recharge1

    Recharge Prize 1 -

    National

    Recharge - INR 10

    First 1,00,000 participant to score 10 Point (Unique for the Challenge)

    Recharge worth INR 10 will be given to unique users whose first answer for the day is correct on national level

     

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