TERMS AND CONDITIONS GOVERNING THE CHALLENGE PLAY AND WIN CHALLENGE - SEASON-17 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 “SONA JEETO - PLAY AND WIN
SEASON-17” (“CHALLENGE”) DURING THE CHALLENGE
PERIOD AS
MENTIONED HEREIN.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THIS CHALLENGE
KNOWN AS
“SONA JEETO - PLAY AND WIN SEASON-17”. BY PARTICIPATING IN THE CHALLENGE, YOU AGREE
TO BE
LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“TERMS AND
CONDITIONS”). IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT PARTICIPATE IN THE
CHALLENGE.
FOR THE PURPOSES OF THESE TERMS AND CONDITIONS, WHEREVER THE CONTEXT SO REQUIRES
“YOU” OR
“YOUR” SHALL MEAN ANY NATURAL PERSON WHO BEING AN ELIGIBLE SUBSCRIBER HAS
PARTICIPATED IN
THE CHALLENGE.
- DEFINITIONS
- “Subscriber” shall mean the rightful user of the VIL mobile
connection who is either on prepaid or post-paid subscription, in whose name the mobile
phone number (MSISDN) is registered with VIL. In the event the user number / connection is
registered in the name of a company/ firm, the employee who is authorized to use the MSISDN
shall submit a No Objection Certificate (NoC) and authorization letter of the employer duly
permitting the employee to use the number for subscribing for this Challenge and accept the
terms applicable herein. This shall not be applicable on Recharge prize.
- Organizer: under this T&C shall mean ONE97 who shall be responsible for
conceptualizing, organizing and hosting this Challenge.
- “Active Subscriber” shall mean a Subscriber who uses the
Subscriber Identity Module (“SIM”) of VIL on a regular basis for purposes other
than to participate in any offer or Challenge offered by VIL.
- “Circle(s)” shall mean VIL Telecom Service Areas.
- “Affiliate” shall mean, with respect to a Party, any entity
directly or indirectly Controlling or Controlled by, or under direct or indirect common
Control with such Party. For the purposes of this definition, ‘Control’,
‘Controlled’ or ‘Controlling’ shall mean, with respect to any
entity, any circumstance in which such entity is controlled by another entity by virtue of
the latter entity controlling the composition of the Board of Directors or owning the
largest or controlling percentage of the voting securities/rights of such entity or by
virtue of any contractual arrangements or otherwise.
- “Challenge Pack Member(s)” or
“Participants” means (i) Active Subscribers who meet the
eligibility criteria specified in these Terms and Conditions, (ii) who belong to Circle(s)
and have successfully activated, and (iii) who are subscribed to the Challenge Pack as
described in the subscription process hereunder.
- “Eligible Subscriber” shall mean an Active Subscriber of
VIL satisfying the following criteria at the time of participation and during continuation
of Challenge:
- He/she must be of at least 18 years of age;
- He/she must be a citizen of India;
- He/she must be an Active Subscriber of VIL;
- He/she must be responsible to activate and subscribe to the Challenge Pack and
thereby become a Challenge Pack Member. He/she must belong to any of the telecom
service areas mentioned below;
- This Challenge is not accessible to 4G users through the following modes, i.e. IVR,
SMS, USSD & OBD and such users can access the Challenge only through WAP mode.
However, users who have played the Challenge and during the Challenge Period and
migrated to 4G from 2G or 3G networks, can access the service on all available
modes.
- For Prepaid Subscribers – Subscribers must have the minimum requisite balance
of Rs. 2 per day, to be eligible to participate in this Challenge;
- He/she neither be under any legal disability nor prohibited from entering in
any contractual relationship; and
- Subscribers who are roaming outside their home Circle will be barred to play the
Challenge.
- The Challenge will be known by and be made available in the below mentioned languages:
English / Malayalam / Telugu / Kannada / Tamil /Hindi / Gujarati / Marathi / Punjabi / Oriya
/ Bengali and Assamese on IVR.
- Further, the SONA JEETO - PLAY AND WIN SEASON-17 Pack Members who participate in the
Challenge and are chosen as winners of each category of prizes in accordance with the winner
selection process under the Terms and Conditions of the Challenge shall be required to be
the registered VIL Subscribers of the winning mobile phone number and not merely the players
using such mobile number (“Winner(s)”). If the Winner is not
able to provide sufficient evidence to show that he/she is the Subscriber of the winning
mobile number, the Organizers reserves the right to award the prize to the next eligible
Winner or to forfeit the prize, at its sole discretion. The confirmation is not required in-
case of recharge prizes.
- The employees of the Organizers and/or VIL and or their group companies, affiliate or
associate companies and their relatives/ dependents (First blood/Spouse of immediate member)
shall not be eligible to participate in this Challenge. If found otherwise, then the
Organizers reserves the right to forfeit the prize. If an employee of the Organizers or VIL
leaves the organization when the Challenge is launched or leave during Challenge Period/
before Winner list announcement / after Winner’s list is announced, the employee will
not be eligible to participate in the Challenge.
- The Organizers and/or VIL reserve the right, at any time, to unconditionally disqualify any
Participant who tampers with or who in any way abuses the process or Terms and Conditions of
the Challenge. Failure by the Organizer or VIL to enforce any of the Terms and Conditions in
any instance shall not be deemed to be a waiver of that Term and Condition and shall not
give rise to any claim by any person. The VIL Subscribers understands that the Organizers
and/or VIL may disqualify, suspend, block or terminate the participation of any VIL
Subscribers at any stages of the Challenge for any reasons where it is found to Organizers
and/or VIL that (i) participation of the VIL Subscriber is not bona fide; (ii) he has
participated in the Challenge and paid charges towards it using the amount of
wrongful/duplicate refund or waiver and/or (iii) participation of the VIL Subscriber is not
in the interest of the Challenge. The decision of the Organizer or VIL shall at all times be
binding and final.
- CHALLENGE PERIOD
- This is a limited period Challenge for Eligible Subscribers of VIL, available from
1st
September, 2023, 00:00:01 hours to 30th September 2023, 23:59:59 hours, both days
inclusive (“Challenge Period”).
- Organizer and VIL reserves the right to extend or shorten the Challenge Period, as it deems
fit to
Organizer and/or VIL.
- CHALLENGE AREA
Kindly refer to Exhibit A.
- CHALLENGE DETAILS – ACTIVATION, STEPS, RESTRICTIONS AND DEACTIVATION
Refer Exhibit B.
The charges paid by the subscribers are towards the service and no additional charge is collected
from
the subscriber for participating in the Challenge.
- PRIZES AND WINNER SELECTION PROCESS
- Please refer to Exhibit C for details of prizes.
- In case of increase in the value of any prize, the incremental difference shall be borne by
the Winner. In an event where the Participant is unable to bear such incremental difference
of the prize, then the prize shall be considered to be surrendered and as per the terms set
out herein and the Organizers reserves the right to award the prize to the next eligible
Winner.
- Prize/rewards contained herein are applicable only for the Participants who are scoring
points by playing the Challenge.
- The selection criteria, of the Winner of the Challenge, shall take place
after completion of the Challenge and prize/rewards shall be distributed thereafter. Winner
selection will be done based on the following criteria in the order as mentioned below:
- Highest Score – The Participant with highest score and;
- Shortest Possible Time – The Participant who took least
time to answer
the questions would be selected as the Winner
- Surprise Day winners shall be selected from National type Challenge on every surprise day
i.e., Tuesday during the Challenge Period, on fulfilling the Winner selection criteria after
completion of the Challenge.
- In case of a tie between Participants on above mentioned criteria, then the participants who
have tied will be asked to answer a set of 5 tie breaker questions. The participants who
answer the maximum questions correctly in the given time or in case all the tied
participants correctly answer equal number of questions the participants who answers the
maximum questions correctly in the least time, will be selected as the winner. This shall
continue till a clear winner selection can be done. Tie breaker will be applicable on all
prize categories except cashback/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.
- 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 and the Organizer shall also make 5 consecutive
attempts to contact Winners over call and/or SMS and/or email to inform about the
prizes and further process of claiming the prizes (“Communication”). Organizer
shall maintain requisite record in this regard. The Winner will have to
submit the documents (required documents mentioned below) within 30 days post the
Organizer contacts the winner through Call or SMS or email. It is the responsibility
of the Participant to check the result link provided on daily basis post completion of
Challenge to know the Winners. And further it is the responsibility
of Winners to claim their prize. The details required for claiming the prize shall
be mentioned along with Challenge Winner list.
- The Organizer reserves the right to roll over to next eligible Participant and/or forfeit
the prizes, at its sole discretion of the Organizer and Winner agrees to surrender
the prize if:
- The Winner does not claim the prize or fails to submit all necessary
documents
pursuant to these terms and conditions, within 30 days post the Organizer
made a
Communication with the Winner.
- The Winner does not submit TDS (if applicable) amount within 20 days of
receipt of
information from the Organizer.
- The Winner is disqualified for tampering with or abusing the process or any Terms
and Conditions
of the Challenge or for any other valid reason deem fit by the Organizers in the
genuine
interest and fairness of the Challenge.
- The Winners are not reachable/contactable after One97 has attempted to establish a
Communication
with the winner. Post expiry of the stipulated time, the winner will not be entitled
to claim
the prize.
- In all cases or any issues related to Winner’s liability on TDS amount, the
Organizer’s decision will be final.
- Post completing the documentation process, the Winner will be informed (through
tele-calling) regarding the modalities of the prize and distribution thereof. Delivery of
prize
will be subject to the Winners giving the correct address and his/her availability
there. In the event, the prize cannot be delivered due to reasons beyond the control of the
Organizer, the Winner(s) shall collect them from the nearest place, specified by
the
Organizer, at their own cost. The Organizer will not be liable to reimburse the cost so
incurred
by Winner - whether travel, accommodation or any other cost.
Note: If there is any delay in the verification of probable winners for any
prize
category (as decided by the organizer) due to certain reasons such as verification documents
pending,
TDS pending, etc. then this will delay the declaration of final Winner list. The Organizer
will not be
responsible for this delay. For avoidance of any doubts, the final Winner list shall be
published only
after successful verification of documents submitted by the Winners.
- Winners (including spouse of Winners and immediate/first blood relatives of Winners) of the
previous season (i.e. Sonajeeto Play and Win Challenge - Season-16 which was conducted
between
1st August 2023 to 31st August 2023) of Play and Win Challenges
organized
by the Organizer for VIL who have won a Bumper / Circle Bumper / Zonal Bumper or any
equivalent
prize shall not be eligible for the Bumper / Circle Bumper / Circle Group Bumper / Zonal
Bumper
Prize in this Challenge. This condition shall also apply to other Participants who share the
same address with Winners of the previous season (i.e., Sonajeeto Play and Win Challenge
Season-16) of Play and Win Challenges organized by the Organizer for VIL who have won a
Bumper /
Circle Bumper / Circle Group Bumper / Zonal Bumper prize.
- Winners also agree to provide an undertaking to the effect that his/her spouse or
immediate/first blood relatives of Winners are not the winners of Bumper prize of the
previous
season (i.e. Sonajeeto Play and Win Challenge Season-16) organized by the Organizer for VIL.
- Winner, who is found to have made a false claim under sub clause (13) supra, does hereby
agree
to:
- Allow the Organizer to recover the Prize (referred to in sub-clause (13) supra); and
- Completely indemnify the Organizer, including any cost thereof, if declaration made
in sub clause
(13) supra is found false or incorrect.
- If the same person having different MSISDN has been selected more than once, in such event
he /she will be awarded only one Prize.
- A Participant will be entitled to win only once during the entire Challenge Period. If a
Participant is declared as Winner in more than one Prize category, then he/she shall be
entitled to only one prize/ reward of highest value amongst different prize/ rewards in the
entire Challenge Period. This condition is not applicable for recharges and surprise day
prize.
- All prizes will be given after deducting various taxes, license fees and charges as
applicable except as otherwise stated in writing.
- All decisions of the Organizer in respect of all transactions under this Challenge,
including without limitation the selection of Winners as certified by the Independent
External Auditor and other related transactions shall be final and binding and no
complaints, claims, correspondence or communication shall be entertained in this regard. VIL
has no role in the selection of Winners or prizes in this Challenge.
- The list of the Winners of the prizes will be announced and published on http://one97.com/contest/vil after the end of
the Challenge and after all the Winner selection process are completed.
- All prizes offered in this Challenge will be sponsored and distributed by the Organizer or a
designated third party.
- Any failure on the part of the Winner under this Challenge to comply with directions issued
by the Organizer shall entitle the Organizer, at its discretion, to cancel and forfeit the
prize for the said Winner and the same prize will be given to the next eligible Winner and
which shall in the case of Bumper and 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
- For Bumper Prize or equivalent prize Winners of previous Challenge (i.e.
Sonajeeto Play and Win Challenge - Season-16 which was conducted between
1st August 2023 to 31st August 2023) - Affidavit on a
non-judicial stamp paper of appropriate value that he / she (including spouse of
Winners and immediate/first blood relatives of Winners) has not won any Bumper
prize or equivalent prize in previous Challenge (i.e. Play and Win Challenge
– Season-16) organized by the Organizer for VIL. Further, Winners of
Bumper Prize or equivalent prize shall provide declaration that winner does not
share the same address with Winners of previous Challenge (i.e. Play and Win
Challenge – Season-16) organized by the Organizer for VIL who have won a
Bumper Prize.
- In the event the number is registered in the name of a company or firm, the
employee who is authorized to use the MSISDN shall submit:
- No Objection Certificate and
- Authorization letter of the employer.
- Letter of compliance with rules and regulations and declarations in the format
as may be required by the Organizer or applicable laws.
- Every Winner has to provide his/her photograph and detail interview while
receiving prize.
- In the event, it is found or comes to the knowledge of the Organizer that Participant and/or
Winner submitted inaccurate/ misleading details/ or information as requested by the
Organizer as stated herein or in future course of action, the Organizer reserves the right
to forfeit the prize handed over to the Winner(s) and/or to be handed over to Winner(s) and
take the required legal action against them.
- Neither VIL nor the Organizer is responsible for guarantees or warranties of the quality of
the goods or services being offered as prizes nor is it liable for any defect or deficiency
of such goods or services so awarded to the Winners under this Challenge. Participant
further understands that the goods provided as prize may carry manufacturer’s
guarantee and in case of any deficiency in the goods, Winners will contact the manufacturer
only. Any and all claims regarding the quality or service of the prize shall be made by the
Winner to the Organizer.
- Any prize of value in excess of INR 10,000 per Challenge* will attract deduction of tax at
source and all taxes to be paid on the prize/s shall be paid by the Winner at the prevailing
rate, unless expressly specified otherwise. Further, all the Winners must furnish a valid
Indian PAN Card to claim the prize amount, or prize, irrespective of the value of the same,
failing which the Winners’ prize shall be forfeited, or the prize shall be rolled over
to the next eligible Winner, at the sole discretion of the Organizer.
*A Winner earning prize in excess of INR 10,000/- Per Challenge in aggregate from all
Challenges /offers
conducted by the Organizer irrespective of any specific operator will be subject to TDS
under the Income
Tax Act, 1961.
- All gratification will be given after deducting various taxes, license fees and charges as
applicable. All incidental costs (i.e. insurances, transfer fees, registration fees, and all
the
expenses incurred over and above on the road price etc., in case of vehicle/car offered as
gratification) /taxes/levies related to the gratification(s), if any, shall be exclusively
borne
by the Winner including but not limited to TDS, Gift tax (if any), road tax, insurance as
may be
applicable and any other taxes levied by the Central, State or Municipal government.
- In case the specified model or type of gratification offered under this Challenge is
discontinued or not available during or after the Challenge, the Organizer shall at its own
discretion offer another gratification of the same value which may or may not be of the same
colour / brand. If the Winner wants the exact same gratification of the same colour/brand
mentioned in this Challenge and if the value of the gratification increases during or after
the
Challenge or at the time of gratification distribution or Winner announcement period, the
Organizer will only pay the value of the gratification announced as per this T&C’s
that was during the launch of the Challenge, post TDS deduction and the Winner has to pay or
bear the extra amount including the applicable taxes. The Gratification amount shall be
given by
way of cheque in the name of the dealer from whom the said gratification is being purchased.
The
color/brand of the gratification shall be strictly as per availability.
- VIL and the Organizer is not liable for any direct/indirect costs or expenses in relation to
the
Challenge which are to be borne by the Participant personally, including without any
limitation
the costs of collecting prizes or applicable taxes to be borne by the Participant entitled
to
the prize.
- The Participant shall not have the right to claim any damages, loss or costs from the
Organizer
and/or VIL for delay in delivery of the prize(s) on any grounds whatsoever. The Organizer
and /
or VIL are not liable for any loss or damage of any nature whatsoever if incurred by the
Participant in connection with the Challenge.
- The prizes shall be handed over by the Organizer on receipt of all the documents, from the
Winners, required to process the distribution of the prize, and satisfactory verification
thereof by the Organizer.
- Questions and their answers are designed/ sourced by the Organizer, as per their best
knowledge
and information available in public at large and have been collected and framed with
reasonable
prudence. The answers are based on largely known facts and any exceptions are not
considered. In
the event of any discrepancy / dispute regarding the questions or answers, neither the
Organizer
nor VIL nor any third party involved shall be liable towards any Participant in any manner.
- All incidental costs, expenses, taxes or levies related to the Prize(s), if any, shall be
exclusively borne by the Winner, including but not limited to TDS, gift tax (if any),
Insurance,
registration fees and any other taxes applicable by the Central, State or Municipal
government.
To avail and/or use the prize, Winner shall be solely liable for all applicable regulatory
and
statutory compliances including but not limited to any costs involved.
- Any Participant providing any incorrect information, concealing or withholding any
information
from the Organizer with intent to participate and/or win the Challenge will automatically be
disqualified from participating in it and winning the different categories of prizes. Such
act
of providing incorrect information, concealing or withholding any information, including
without
limitation incorrect declaration of information relating to name, age, identity, address,
mobile
connection of the VIL number, domicile, payment of outstanding amount to VIL or any other
information provided by the Participant, shall entitle the Organizerto disqualify him/her
without any further intimation. The Organizer agrees that VIL does not have any liability or
responsibility with respect to any information furnished by a Subscriber to the Organizer.
- Apart from the entitlement to the prizes mentioned herein, the Winners or their legal heirs,
successors or representative will have no other rights or claims against VIL and/or the
Organizer, unless otherwise expressly provided hereunder.
- The Winner’s name will be announced by the Organizer along with Independent External
Auditor, as registered in the system of VIL.
- The Winners shall not be entitled to their respective prize, in case he/ she fails to clear
all
outstanding dues payable to VIL and / or is not an Active Subscriber of VIL during Challenge
Period and on the date of claiming the prize/s.
- In event of the death of the Winner, the prize if any may be awarded by the Organizer to the
legal heirs/successors of the deceased Winner at sole discretion of the Organizer. The
Organizer
shall have the rights to call for such documentary evidence before handing over the prize to
the
legal heirs/successors as it deems fit and in case of no documentary proof or evidence of
Successors legal right the prize shall be transferred to next eligible winner.
- In addition to the Clause 13 PRIZES AND WINNER SELECTION PROCESS of this T&C, the
Organizer
reserves the right to roll over to next eligible Participant and/or forfeit the prizes under
the
following circumstances:
- If documents provided are found to be inaccurate/misleading.
- If Winner is unwilling to claim/accept the prize.
If the Winner is not able to provide sufficient evidence to show that he/she is the
Subscriber of the
mobile number. Any failure on the part of the Winner to comply with directions issued by the
Organizer
for claim of prize shall entitle the Organizer to forfeit the prize(s) or roll the prize
over to the
next eligible Winner, at their sole discretion.
- MNP will be applicable in case of participant is porting from one circle to another circle
within VIL during the Challenge Period while keeping his mobile number same, then he/she
shall
be considered as eligible for respective Zone/National/Circle Group prize where the number
will
be registered at the time of winner selecting process.
- To be eligible to claim the prizes of the Challenge, the winning MSISDNs have to be Active
Subscriber of VIL during Challenge Period and at the time of the Winner announcement.
- Prizes will be delivered against production of valid documents evidencing identity of
Winners;
- Winner will be decided basis above mentioned method by the Organizer. By participating in
the
Challenge the Participant agrees to be bound by the Winner selection process adopted by VIL
and
the Organizer & shall not raise any dispute in this regard in any manner whatsoever.
- Participants are requested not to use any abusive/inappropriate language on any queries done
on
email i.e. games@paytm.com, else One97 hold the right to not to respond to such queries
raised
by the customers.
- MODIFICATION AND WITHDRAWAL OF TERMS AND CONDITIONS
- The Organizer and/or VIL reserves the right to extend, cancel, discontinue, prematurely
withdraw,
change, alter or modify these Terms & Conditions of the Challenge or any part thereof at
any
time during the Challenge Period and without prior notice to You, including the eligibility
criteria, the prizes at its sole discretion as may be required in view of business
exigencies,
authorities, changes by regulatory authority and/or statutory changes and for other reasons
beyond
its control.
- If Organizer modifies these Terms, the latest revised version of the Terms and Conditions
shall be
effective and binding on the Participants from the time of its posting on the Website http://one97.com/contest/vil. You are therefore
advised
to check these websites regularly for any update(s) or amendment(s) made to these Terms and
Conditions and in the event the modified or amended Terms and Conditions are not acceptable
to You,
You should discontinue participating in the Challenge. Your continued participation in the
Challenge
will constitute Your acceptance of the latest revised Terms and Conditions.
- DISCLAIMERS
- You agree that this Challenge is being made purely on a “best endeavour” basis
and
subject to acceptance of these Terms and Conditions. Your participation in the Challenge is
voluntary and You expressly agree to participate at your sole risk. VIL and the Organizer
shall not
be responsible for any loss, injury or any other liability to any Participant arising due to
participation in the Challenge.
- To the extent you choose to participate in this Challenge, you do so at your own initiative
and You
shall remain responsible for compliance with the Terms and Conditions herein, any applicable
laws,
including but not limited to applicable local laws. You agree not to hold VIL and the
Organizer, its
officers, directors, employees, affiliates, and agents or representatives liable for any
direct,
indirect, incidental, special, punitive or consequential damages, including loss of profits,
incurred by the Winner or any participant or third party, in connection with the Challenge
or
arising otherwise.
- Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or
implied,
are hereby expressly disclaimed by the Organizer and VIL including, but not limited to,
meeting of
the Participant’s requirements or aspirations, timeliness, security, any delay or
failure in
time recorded or taken for answering a question through VOICE or SMS or USSD and or on WAP
mode
including during the tie-breaker process due to technical snags including network problems
or system
error, the results or reliability of the Challenge, the delivery, quality, quantity,
merchantability, fitness for use or non-infringement in respect of any goods, services,
benefits or
awards acquired or obtained through the Challenge or any transactions effected through the
Challenge; (b) The Participant expressly agrees that his/her participation in the Challenge
offered
by the Organizer is at the Participant’s sole risk and is governed by the Terms and
Conditions
herein; and (c) No advice or information whether by representations, oral, written or
pictorial
derived from the Website or through the Challenge shall be construed to mean the giving of
any
warranty of any kind by the Organizer or VIL.
- Neither VIL nor the Organizer shall be responsible for any claims arising out of technical
failures
before, during or after the completion of the Challenge including but not limited to any
technical
failures in the telephone lines, delay or failure in time recorded or taken for answering a
question
through VOICE or SMS or USSD and or on WAP 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: https://one97.com/contest/vil/index.html
or
https://one97.com/contest/vil/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.
- 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 WAP and after
understanding
the implications of the same.
- Force Majeure – This Challenge is subject to force majeure
circumstances
including without limitation, floods, natural disasters, war, act of terror, political
unrests,
technical snags, act of God or any circumstance beyond the reasonable control of VIL
(“Force
Majeure Event”). VIL and the Organizer shall not be liable for any delay or adverse
effect
caused to Participants as a result of a Force Majeure Event. VIL shall intimate the
suspension of
the Challenge caused as a result of such Force Majeure Event to the Participants.
- VIL and the Organizer may assign any or all of their rights under these Terms and Conditions
to
their affiliates or to any third parties without consent of the Participants.
- The Organizer and VIL shall be entitled to use, the details of the Participant such as name,
photograph, the prizes awarded to them etc. for their marketing purposes, if any. The
Participant
also hereby agree to the same. The Organizer may, at its discretion, choose not to disclose
the
identity of the Participant to other Participant unless expressly mentioned herein. The
Participant
also consent to the information stored in the servers of the Organizer or its service
providers,
inside or outside India. Participants’ personal information will be stored and
processed in
accordance with VIL Privacy Policy which is available at 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 through calls (IVR and OBD):
- Each Challenge Pack Member can subscribe to the Challenge through IVR for free by
dialling
50404 for PPQ Challenge and shall be charged Re.1, Rs.2, Rs.3, Rs.4 or Rs.5 per
question as
per the mobile account balance he/she is on based on table A;
- Participation in the Challenge through SMS and USSD:
- Each Challenge Pack Member can subscribe to the Challenge through SMS and USSD for
free by
dialling in the short code as mentioned below. Post subscription they shall be
charged Re.1,
Rs.2, Rs.3, Rs.4 or Rs.5 per SMS or USSD flash (as per the mobile account he/she is
on based
on the table A below) sent to the number 50404 during the Challenge Period, unless
otherwise
specified herein.
Table A
Scoring Details
|
Charging per question (INR)
|
Score
|
5
|
50
|
4
|
40
|
3
|
30
|
2
|
20
|
1
|
10
|
- A Challenge Pack Member will be charged only if he/she plays the Challenge, in accordance with these
Terms and Conditions. There will not be any automatic deduction of charges for this Challenge.
- The charged amount will not be refunded to Challenge Pack Members under any circumstances.
- Challenge on Voice
- The challenge will be available on the toll-free number 50404.
- All the Challenge Pack Members can play the Challenge by calling the toll-free number 50404.
- All questions under this Challenge shall be based on information available to the public at large.
- The Challenge consists of questions with 2 answer options each.
- All Challenge Pack Members may choose to play all questions at once, else he/she can continue
playing the questions on any of the days during the Challenge Period.
- Challenge Pack Members can press 1 for 1st option or 2 for 2nd option on the
phone keypad to answer.
- For every right answer the Challenge Pack Member will get 10 points. There is no negative marking
for a wrong answer.
- After every right or wrong answer, the Challenge Pack Member will be played an appropriate prompt,
with his/her updated score and given the next question and answer options.
- If Challenge Pack Member stops playing the Challenge after answering the nth question then when
he/she calls back on the toll-free number 50404 or on key press 2, he/she will be given the
(n+1)th question.
- If Subscriber stops participating in the Challenge without answering the nth question, then, when
he/she calls the afore-mentioned number, he/she will be given the nth question, which may be
different from what he/she received previously, i.e., if a Subscriber listens to the 4th question
but drops the call without answering the 4th question, then when he/she calls again, he/she will be
given the 4th question, which may be different from what he/she received previously.
- The Challenge Pack Member will be given the questions one after the other till he/she finishes
answering all the questions of the Challenge.
- The Challenge can be played only once by a Challenge Pack Member.
- Challenge on SMS:
- Challenge Pack Members can register for this Challenge on SMS, by sending CAR or ‘A’ or
‘B’ and can play this Challenge by sending PLAY or any other keyword except UNSUB CAR,
HELP, MENU, L1, L2, LANG and SCORE as an SMS to the toll-free number 50404.
- A Challenge Pack Member shall be charged as per charging grid mentioned herein for every SMS sent to
the number 50404, except for Keywords - CAR, PLAY, HELP, UNSUB CAR, MENU, L1, L2, LANG and
SCORE. The questions under this Challenge shall be based on information available to the public at
large.
- The Challenge consists of questions with 2 answer options each. Challenge Pack Members can answer
the questions by sending ‘A’ or ‘B’, as a response to the questions to the
number 50404.
- All Challenge Pack Members may choose to play all questions at once, else he/she can continue
playing the Challenge on any of the days during the Challenge Period.
- For every right answer, the Challenge Pack Member will get points as per Table A. There is no
negative marking for a wrong answer.
- After every right or wrong answer, the Challenge Pack Member will be sent an appropriate SMS on
his/her number registered with VIL with his/her updated score and given the next question and answer
option.
- If Challenge Pack Member stops playing after answering the nth question, then when he/she sends an
SMS using PLAY, he/she will get the (n+1)th question.
- The Challenge Pack Member will be sent the questions one after the other till he/she finishes
answering all the questions of the Challenge.
- A question will be valid only for 48 hours from the time question is pushed from system. Post this
question will be expired. If a user replies to an expired question, then no score will be awarded to
him / her.
- The Challenge can be played only once by a MSISDN.
- Challenge on USSD:
- All Challenge Pack Members may play the Challenge by dialling the Unstructured Supplementary Service
Data (“USSD”) string *545*02#.
- This will be followed by question and answer options on USSD channel.
- All the questions have 2 answer options each and Challenge Pack Members can answer by sending 1 or
2, as a response to the questions.
- For every right answer, the Challenge Pack Member will get points as per Table A. There is no
negative point for wrong answers.
- After every right or wrong answer, the Challenge Pack Member will be sent one USSD message with the
right or wrong answer response, along with the score details and the next question and answer
options.
- If a Challenge Pack Member stops playing after answering the nth question then when he/she dials
USSD string *545*02# again, he/she will get the (n+1)th question on USSD.
- The Challenge Pack Member is given the questions one after the other till he/she finishes answering
all the questions.
- The Challenge can be played only once by a Challenge Pack Member.
- Challenge on OBD:
- All Challenge Pack Members may play the Challenge by attending the Out Bound Dialer
(“OBD”) call.
- The Challenge consists of questions with 2 answer options each and Challenge Pack members can press
1 for 1st option or 2 for 2nd option on the phone keypad to answer.
- For every right answer the Challenge Pack Member will get points as per Table A. There is no
negative marking for a wrong answer.
- After every right or wrong answer, the Challenge Pack Member will be played an appropriate prompt,
with his/her updated score and given the next question and answer options.
- The Challenge Pack Member will be given the questions one after the other till he/she finishes
answering all the questions of the Challenge.
- The Challenge can be played only once by a Challenge Pack Member.
- Challenge on WAP:
- Challenge will be available on WAP for already registered user and the registered subscriber can
play by clicking following WAP URL: http://viservices.in/vilcontest
- 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 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 points as per Table A. 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 on the WAP mode, 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 questions of the Challenge.
- A question will be valid for the same session, if users refresh the browser then next question will
be displayed from system.
- The Challenge can be played only once by a Challenge Pack MSISDN.
- If a Challenge Pack Member plays the Challenge over all channels (VOICE, OBD, USSD, WAP & SMS),
his/her score will only be cumulative and not exclusive for each of the channels. i.e. if the
Challenge Pack Member has started playing the Challenge on voice and has scored 150 points in 3
questions, if he/she drops the call and resumes playing through SMS, he/she will be given the 4th
question, and if he/she answers the 4th question correctly & charged for the question is Rs.5
then his/her score will be 200. And this will be the score that will be considered for the Winner
selection for all the prizes. Total question limit for the Challenge is 5000 for every participant.
DEREGISTRATION DETAILS
Registered user, not willing to continue in the challenge, can deregister from the Challenge by sending
sms STOP to 50404. User can also deregister by selecting option from HELP menu of 50404 IVR.
EXHIBIT C
PRIZES AND WINNER SELECTION PROCESS
Main Challenge Prize Gratification:
Sonajeeto Play and Win Challenge Gratification Grid
|
Category
|
Type
|
Prize
|
Total Winners
|
Description
|
Bumper
|
National
|
Brand New Bike worth up to INR 1.68 Lakh
|
1
|
Bumper Prize Winner shall be selected from PAN India (National), on fulfilling the Winner
selection criteria after completion of the Challenge
|
1st Prize
|
Zonal
|
Smart Phone worth up to INR 12,999
|
4 (1 Per Zone)
|
1st Prize Winner shall be selected from each zone on fulfilling the Winner selection
criteria, after completion of the Challenge
|
Surprising Tuesday
|
Zonal
|
Cash Voucher worth INR up to 1000
|
16 (4 Per Zone)
|
Surprise Day Winners shall be selected from each zone on every Tuesday (surprise day)
during the Challenge period, on fulfilling the Winner selection criteria after
completion of the Challenge. Top Scorer of the day for zonal.
|
**Idea & Vodafone Challenge will be treated combined for the purpose of winner selection.