Organisation : Idea Cellular Ltd
Announcement : DOST BANO Gold Pendant Pao Contest
Home Page : http://www.ideacellular.com/idea/promotions
DOST BANO Gold Pendant Pao Contest
Terms and Conditions:
DOST BANO Gold Pendant Pao Contest (hereinafter referred to as “Contest”) is conceptualized, organized and conducted by Spice Digital Limited having its registered office at 60-D, Street No. C-5, Sainik Farms, New Delhi-110062 and corporate office at S Global Knowledge Park, 19A & 19B, Sector-125, Noida – 201301, [U.P.], (hereinafter referred to as “SDL”) in association with Idea Cellular Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at Suman Tower, Plot No. 18, Sector – 11, Gandhinagar – 382 011 and its corporate office at 5th Floor, Windsor, Off CST Road, Kalina, Santacruz (E), Mumbai-400098 (hereinafter referred to as “Idea”).
SDL and Idea shall hereinafter be jointly referred to as “Organisers”.
The Contest is open for a limited period from 22nd January 2015 ,00:00:01 hours till 21st February 2015, 23:59:59 hours (“Contest Period”) for the active pre-paid as well as post-paid category of the Idea subscribers (“Subscriber(s)) of the Delhi Idea telecom service area circle (“Circle”).
For the avoidance of any doubt, please note that the gratification offered under this Contest is solely sponsored and distributed by SDL for the Highest Scorers (defined later) of this Contest and Idea is only providing information and data in relation to the active Subscribers participating in this Contest and the Short Message Service Center (“SMSC”), to facilitate the Contest to be participated by the active Subscribers.
The Contest is not available to the Subscribers who are roaming outside their home Circle.
A Subscriber, by participating in the Contest, hereby agrees to the Terms and Conditions mentioned below and gives his/her irrevocable consent to the process of selecting the Highest Scorers as set out herein, and any appropriate changes that may be made to this Contest by the Organisers, including due to any legal or regulatory requirement, instructions from any judicial or a quasi-judicial body or due to any natural calamity beyond the reasonable control of the Organisers, its affiliates and associates or for any other reason whatsoever.
An active Subscriber shall mean the Subscriber who uses the Subscriber Identity Module (“SIM”) on a regular basis for purposes other than to participate in this Contest or any other Contests offered by the Organizers jointly
Subscriber shall mean the rightful user of the Idea connection, pre-paid or post-paid, in whose name the mobile phone number (MSISDN) is registered with the operator. In the event the number / connection is registered in the name of a company or firm, the employee who is authorized to use the MSISDN shall submit a No Objection Certificate and authorization of the employer duly permitting the employee to use the MSISDN for participation in the Contest, receive the gratification and accept the terms applicable for the Contest
For the purposes of these Terms and Conditions, wherever the context so requires “You” or “Your” shall mean any natural person who is a Subscriber.
Also, by participating in this Contest, You:
Warrant that you have read, understood and agreed to conform to these Terms and Conditions.
Warrant the accuracy, truthfulness and currency of all information that You have submitted.
Agree that You are entering into this Contest as an independent party and nothing herein establishes an employer-employee relationship between You and Idea or between You and SDL and You are acting voluntarily, using Your own time and resources to participate in the Contest, solely at Your own risk.
Warrant that prior to participating in the Contest, it shall be deemed that You have read and have agreed to be bound by the Terms and Conditions herein.
Warrant that You shall be solely liable and responsible for the material or content, if any shared/ used by You while participating in this Contest.
Warrant that You shall not, while participating in this Contest, indulge in any activity which is fraudulent, threatening, abusive, defamatory, vulgar, obscene, libelous, slanderous, profane, racially objectionable or hurt any religious or communal feeling, including, without limitation, any material that encourages conduct that would constitute a criminal offence or result in civil liability and (iv) shall not contain any material that enrages the public sentiments or violates any legislation or policy for the time being in force.
The Terms and Conditions can be amended or varied from time to time or withdrawn and therefore, please visit the Website periodically to keep Yourself updated and informed.
By participating in the Contest, You indicate Your acknowledgement and acceptance of these Terms and Conditions.
1. Procedure and Eligibility to participate:
This Contest is valid for all active prepaid and postpaid Subscribers who fulfill the following criteria:
He/she must be of or above 18 years of age;
He/she must be a resident of India;
He/she must not have been either convicted and / or prosecuted for commission of any criminal offence nor be of an unsound mind;
He/she must belong to the Circle mentioned above; and
He/she must not be under any legal disability e.g. insolvency, restraint by court order etc. and / or is prohibited from entering any contractual relationship.
All Subscribers who will use the service by dialing short codes “55694 Services” during the Contest Period (“Service”), will be eligible to participate in this Contest. However, the Subscriber has to be an active Subscriber of the Service at least during the Contest Period to participate in the Contest.
Further, the Subscriber participating in this Contest and generating the highest Minutes of Usages (MOUs) during the Contest Period by using the Service and who is chosen as Highest Scorer under the Contest in accordance with the Highest Scorer selection process under the Terms and Conditions of the Contest, shall be required to be eligible to the gratification only if he is the registered Subscriber of the mobile phone number (“Eligible Subscriber”) chosen as the Highest Scorer and not merely the person using such mobile number (“Highest Scorer(s)”). If the Highest Scorer is not able to provide sufficient evidence to show that he/she is the registered Subscriber of the mobile number, the Organisers reserve the right to award the gratification to the next eligible Highest Scorer or to forfeit the gratification, at its sole discretion.
The Subscribers will be charged Rs. 3/- per minute as browsing charges and Rs.30/- per month as subscription charge, for participating in the Contest.
The charged amount will not be refunded to Subscribers under any circumstances.
3. Gratification and Highest Scorer selection:
The selection for the gratification will be conducted after the end of the Contest Period. One Eligible Subscriber with highest score, during the Contest will become eligible for gratification of one gold pendant as per the terms mentioned herein. In case if there is a tie between two or more such Subscribers, then all such Subscribers of tied numbers will be eligible to participate in a tie-breaker round on voice. Based on the performance in the tie-breaker round, one Subscriber who has scored maximum points in the least time in the tie-breaker will be selected for gratification as per terms herein.
In case of a tie in the selection in gratification, 1 round of tie-breaker will be conducted for all the tied Subscribers on Voice. In case of a further tie in the score and time taken, in the tie-breaker, the selection will be conducted by checking the time taken by the Subscribers to answer x-1, x-2 questions in the tie-breaker. i.e., if the tie-breaker has 5 questions, and there is a tie in this, then, the time taken for a Subscriber to answer 5-1=4 questions will be considered. In case of a tie in this, then the time taken to answer 4-1=3 questions, and so on will be considered.
The process of Highest Scorer selection for gratification, in accordance with the Highest Scorer selection process detailed in this Contest will be witnessed by an independent third party auditor (“Independent Auditor”) who shall, after the selection of the Highest Scorers, certify such process.
Without prejudice to the foregoing, the Subscribers shall not hold the Organisers liable for the Highest Scorer selection process under this Contest.
Without prejudice to the foregoing, the Subscribers shall not hold SDL, the Independent Auditor (defined below) or Idea liable for the Highest Scorer selection process under this Contest.
The gratification offered in this Contest will be sponsored and distributed by SDL or by a designated third party.
All gratification will be given after deducting various taxes, license fees and charges as applicable.
After the selection and validation of the Highest Scorer of the gratification under the Contest, the Highest Scorer will be contacted, by calling them on 3 consecutive days on the number registered with Idea, and will be given further details as to how, when and where they can collect their gratification. In the event, Highest Scorer do not answer the calls of SDL, an SMS will be sent to the Highest Scorer intimating him regarding his/her selection as the Highest Scorer and providing him/her the details as to how, when and where he/she can collect his/her gratification (“Intimation”). The gratification must be claimed by the Highest Scorer within 2 (Two) days from the date of Intimation to the Highest Scorer, failing which, the gratification will be deemed to be forfeited by SDL under the Contest. The gratification offered under the Contest may be given to the Highest Scorer during a special event, the venue, date and time of which shall be announced by SDL, at its sole discretion, subsequent to completion of the Contest. In the event no special event is being conducted by SDL, the Highest Scorer shall be requested to provide his/her address to which the gratification may be sent by SDL, failing which the gratification shall be forfeited. The gratification shall, under no circumstance be distributed from the amount charged by the Organisers for participating in the Contest. Delivery of gratification will be subject to the Highest Scorer giving the correct address and his/her availability there. The Highest Scorer agrees that there shall be no liability on SDL in the event such message does not reach such Highest Scorer on any account for any reason whatsoever. In the event that the Highest Scorer cannot be reached through SMS or calls for a period of 3 days from the date of Intimation, or is ineligible or is disqualified, for any reason whatsoever, SDL reserve the right to forfeit the gratification at its sole discretion. All decisions by the Organisers regarding the selection of the Highest Scorer shall be final and binding. In the event the gratification cannot be delivered, when specified that they will be delivered, due to reasons beyond the control of SDL, the Highest Scorer shall collect them from the nearest place specified by SDL.
Without prejudice to the foregoing Clause 6, any failure on the part of the Highest Scorer under this Contest to comply with directions issued by SDL shall entitle SDL, at its discretion, to cancel and forfeit the gratification for the said Highest Scorer and the same gratification will be given to the next eligible Highest Scorer. The gratification shall be distributed only after and subject to confirmation of an existing Permanent Account Number (“PAN”) of the Highest Scorer(s). The Organisers shall not be responsible for any delay on part of a third party including the courier agency, in delivering the gratification. All costs and expenses for collecting the gratification unless otherwise specified shall be borne solely by the Highest Scorer under this Contest and the gratification shall not be transferable and no request shall be entertained by the Organisers for such transfer.
To be eligible to claim the gratification under the Contest, the MSISDNs chosen as the Highest Scorer shall be required to be active Subscriber of Idea during Highest Scorer announcement period.
The gold pendant offered as gratification in this Contest will be given to the Highest Scorer after deduction of such value equivalent to the amount of applicable taxes, including but not limited to, TDS and as applicable from time to time and applicable VAT on the purchase of the gold. The Highest Scorers will receive a TDS certificate in respect of the amount of TDS, and also a statement showing the value of the gold received.
The purity of the gold being offered as gratification in this Contest will be of 22 carat certified gold.
11. The gratification offered in this Contest is subject to availability.
12. Without prejudice to the foregoing, under no circumstance shall the Highest Scorer of the Contest be entitled to redeem any category of gratification for cash, unless expressly mentioned herein. SDL, at its sole discretion, may or may not provide a cash alternative to the gratification being offered in this Contest.
13. This Contest is being made purely on a “best effort” basis and participation of eligible Subscribers is voluntary, and subject to the applicable terms and conditions.
14. By entering the Contest, You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and You agree to receive promotional messages and alerts including without limitation daily updates on the score under this Contest from the Organisers, as they may in their sole and absolute discretion decide.
15. Subscribers may contact SDL at firstname.lastname@example.org regarding any queries/complaints pertaining to the Contest between 9.30 AM to 6.30 PM, on working days from Monday to Friday. All disputes must be addressed by the Subscribers in writing to SDL, and Idea shall neither be responsible nor shall entertain any communication in this regard.
16. Mere participation in the Contest shall not entitle a Subscriber to the gratification. No other person or agent can claim the gratification on behalf of the Subscriber, unless otherwise expressly mentioned herein.
17. By participating in the Contest, Subscribers consent to the following information relating to them to be exchanged between Idea, SDL and their concerned vendors and/or published or otherwise communicated to in any media that the Organisers may deem fit, for the purpose of Highest Scorer’s announcement : name, mobile phone number, score and/or photograph. Organisers may, at their discretion, choose not to disclose the identity of the selected Highest Scorers to other Subscribers unless expressly mentioned herein. The Subscribers also consent to the information being shared by SDL with its affiliates and service providers and to the information being processed and stored in the servers of SDL or its service providers, inside or outside India.
18. You acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, Website and all material or content related to the Contest shall remain, at all times, owned by the Organisers and/or their 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 and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
19. The Organisers are neither responsible nor guarantee the quality of the goods or services being offered as gratification nor are they liable for any defect or deficiency of goods or services so obtained/availed, by the Subscribers under this Contest. The Organisers are also not liable for any defect/deficiency in the gratification(s) so offered or availed, by the Subscribers under this Contest. The Subscribers shall not have the right to claim any damages, loss or costs from the Organisers for delay in delivery of the gratification(s) on any grounds whatsoever.
20. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by the Organisers including, but not limited to, meeting of the Subscriber’s requirements or aspirations, timeliness, security, the results or reliability of the Contest, or 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 Contest or any transactions effected through the Contest; (b) The Subscriber expressly agree that his/her participation in the Contest offered by the Organisers is at his/her 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 Contest shall be construed to mean the giving of any warranty of any kind by the Organisers.
21. The gratification under this Contest is neither assignable nor transferable under any circumstance, unless specifically provided hereunder.
22. The gratification to the Highest Scorer shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the gratification(s) and on production of all such documents/papers as may be required by the Organisers before accepting the delivery of the gratification. Any failure on the part of the Highest Scorer to comply with directions issued by the Organisers for claim of gratification shall entitle the Organisers to forfeit the gratification(s) or roll the gratification over to the next eligible Highest Scorer, at their sole discretion.
23. Any Subscriber providing any incorrect information or concealing/withholding any information from the Organisers with an intent to participate and/or be chosen as the Highest Scorer of the Contest will automatically be disqualified from participating in it and being chosen as the Highest Scorer of the different categories of gratification. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Idea number, domicile, payment of outstanding amount to Idea or any other information provided by the Subscriber, shall entitle the Organisers to disqualify him/her without any further intimation.
24. A Subscriber shall be considered ineligible if he/she does not conform to the conditions as stipulated in these Terms and Conditions, or cannot provide any of the required documents as stipulated in clause herein below for the purposes of receiving the gratification.
25. All gratification must be claimed by the Highest Scorers, along with the documents specified herein below within the specified timelines intimated by the Organisers. The documents required to be submitted along with the claim by the Highest Scorers include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of law):
Photocopy of PAN Card;
Letter of compliance with rules and regulations and declarations in the format as may be required by the Organisers or applicable laws.