#SonuSuperSeptember Contest

Transcription

1 #SonuSuperSeptember Contest Part A Contest Terms & Conditions ( T&C ) 1. This Contest is sponsored by Glanbia Performance Nutrition (India) Private Limited (hereby referred to as Glanbia ) having its office at S9, 2 nd Floor, Manish Megha Plaza, Plot No 13, Sector 5, Dwarka, New Delhi, India , whereas organized and administered by Paytm Ecommerce Private Limited (hereby referred to as Paytm Ecommerce ), a company which owns and operates an online marketplace on the website located at the URL and Paytmmall mobile application, and partly operates on website located at the URL and Paytm mobile application, Paytm IVR and Paytm WAP (hereinafter Paytm Platform ) and is having its registered office at 136, 1st Floor, Devika Tower, Nehru Place, New Delhi and corporate office at B-121, Sector 5, Noida, UP For clarity and brevity Paytm Ecommerce Private Limited is hereinafter referred to as Paytm Ecommerce. 2. Every person participating in this Contest, (hereinafter referred to as Participant(s) ) agree to be legally bound by and abide by the Terms & Conditions stated herein T&C including but not limited to Paytm Ecommerce policies: Participant(s) confirm and acknowledge that Participant(s) has read, understood and agree to conform to these T&C. If Participant(s) does not agree to these T&C, he/she has discretion to not participate in this Contest. Paytm Ecommerce reserves the right to amend, modify, change, add or terminate these T&C/policies or discontinue this Contest without any further notice. 3. By participating in this Contest, Participant hereby explicitly give consent to Paytm Ecommerce for sharing Participants contact details such as name, phone number, address with Glanbia for the purpose of giving the Prize as explained under this Contest. 4. This Contest is valid from 1 st September, 2018 at 00:00:00 hours till 30 th September, 2018 at 23:59:59 hours (hereinafter referred to as Contest Period ). 1

2 5. To participate in Contest the Participant needs to have registered and KYC verified account on Paytm platform. 6. Paytm Ecommerce may, in their sole discretion, disqualify any submissions, and prohibit further participation in this Contest by any Participant who tampers with or benefits from any tampering with the participation process or with the operation of this Contest or acts in violation of these T&C, or acts in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person/participant, or for any other purpose which, in their assessment, hampers or disturbs the conduct of this Contest. 7. Eligibility for participation: To be eligible to participate under the Contest, the Participant must have a valid KYC verified account on Paytm Platform (as per RBI guidelines). If the Paytm account is not KYC verified, the Participant must submit documents as mentioned below for KYC and get his/her account KYC verified before Participation:-. a) Address proof (Voter ID / driving license / passport/ electricity bill not older than 3 months /telephone bill not older than 3 months etc.), b) Photo Id proof (Aadhar Card / passport/voter ID/driving license etc. mandatory), c) One passport size photo (compulsory), d) Postpaid bill (for postpaid user) (additional document), e) PAN card copy self-attested, f) Letter of compliance with rules and regulations and declarations in the format as may be required by the organizers or applicable laws. *(the document list is only inclusive and not exhaustive and can change as per the requirements of Law or Organizers). If the selected Participant fails to comply with the herein set requirements his/her right to participate/win/receive the Prize shall be forfeited. 8. Steps to participate in the Contest: a) Participant has to shop for Optimum Nutrition products from Paytm platform ( during the Contest Period for a minimum cost of Rs 5000/- (Rupees Five Thousand Only) and more in one single/multiple order from FMCG/Food & Nutrition foods category of marketplace to become eligible for participation in this Contest through which the Participant stands a chance to win a Prize as mentioned under clause 14 of Part-A. Product means the items/goods listed on the Paytm platform sold by the merchants for the said Contest. b) The Contest is only valid for Qualified & Completed Orders, which mean those orders which have neither been categorized as cancelled/ altered/ complained/ replaced/ returned by the Participant(s) placing the order or the seller/merchant, nor have been categorized as unexecuted. 2

3 c) Participant will upload their order receipt number on sonusuperseptember.com as proof for affirmation of Glanbia that the order placed by them is above Rs in value and also to check the authenticity for participation and eligibility to win in the Contest. 9. Winner selection criteria: a) Total Three Hundred Seventy (370) Participants will be randomly selected as Winners on random basis during the Contest Period i.e. Ten (10) Winners will be selected per day for the Daily Prize, Fifty (50) Winners will be selected for Mega Prize and Twenty (20) Winners will be selected for the Grand Prize on random basis from all the Participants who undertake the steps described under this T&C during the Contest Period and will be eligible to win a Prize as described in clause 14 (Part-A) herein (only if they comply with all the T&Cs mentioned herein). b) Participant(s) will not be entitled to win more than once during the entire Contest Period. This is to clarify a Participant who has won any Prize as mentioned in Clause 14 (Part-A) once will not be eligible to win any other or same Prize again in this Contest. c) The Participant must have a valid KYC verified account on Paytm platform. If the Participant account is not KYC verified, then Participant will not be eligible to participate or win any Prize. For participation Participant must submit required documents as mentioned in the T&C for KYC and get his/her account KYC verified. 10. Glanbia will select the Winners on the basis of randomized selection as per the sequence and process mentioned in the T&C. Glanbia shall have the sole discretion in all selection and the same shall not be challenged in any manner by any Participant(s) including the Winner(s). Paytm Ecommerce is not involved in Winner(s) selection process and shall not responsible for same at any point of time, all the queries/complaints/disputes pertaining to same shall be managed and resolved by Glanbia. 11. Glanbia will be solely responsible for giving and delivering of the Prize to the selected Winner in accordance with T&C s. All the queries/disputes/complaints in regard to Prize and delivery of Prize shall be solely resolved by Glanbia only. 12. Contest is being made purely on a "best effort" basis and is valid for a limited period only. Paytm Ecommerce/Glanbia reserves its absolute right to withdraw and/or alter any of the T&C of the Contest at any time without prior notice. 13. If first set of Winners refuse to complete compliance process to avail the Prize, only one more round of Winners will be picked and contacted. After that, no further Winners will be contacted. 14. Prize(s): 14.1 There are three (3) types of Prize(s) ( Prize ): a. Grand Prize - Workout with Sonu Sood Twenty (20) Winners: Winners selected from outside Mumbai will be given Air tickets by Glanbia to Mumbai where they get to work out with Mr. Sonu Sood (Bollywood Actor). After Selection of Winners, Glanbia 3

4 will reach out to the respective Winners to take their details and after then only Glanbia shall book one side Air tickets to Mumbai for travel of the Twenty (20) Winners and co-ordinate for further arrangements. The Winner shall work out at Sheru Classic IHFF event on 12 th October, 2018 till 14 th October, 2018 at Bombay Exhibition Centre NESCO, Goregaon East, Mumbai, Maharashtra b. Mega Prize - Meet with Sonu Sood Fifty (50) Winners. Winners residing outside Mumbai shall be given return Air tickets by Glanbia to Mumbai where they get to meet Sonu Sood at Sheru Classic IHFF event on 14 th October, 2018 at Bombay Exhibition Centre NESCO, Goregaon East, Mumbai, Maharashtra c. After Selection of Winners, Glanbia will reach out to the respective Winners to take their details and after then only Glanbia shall book the return Air tickets for travel of the Fifty (50) Winners and co-ordinate for further arrangements. d. Daily Prize(s) Total Ten (10) Winners shall selected randomly daily and their names will be announced on the Facebook page ( and Instagram stories ( on weekly basis (Monday to Sunday) and shall win an Optimum Nutrition Goodie Bag of Rs. 3000/- (Rupees Three Thousand Only). e. It is pertinent to mention, only one-side Air tickets shall be given by Glanbia to the Winners of Grand Prize and Mega Prize, at its own cost. Paytm Ecommerce shall not be responsible for contents of this clause at any point of time. f. If at any time due to any reason whatsoever the event gets cancelled, preponed, postponed and/or event does not take place or shifts to any other location/venue, Paytm Ecommerce shall not be liable for same at any point of time and same shall be responsibility of Glanbia solely The Prize(s) are being given to the Winners at the sole discretion of Glanbia. Paytm Ecommerce is not liable/responsible for the Prize or its delivery at any time Participants will be notified within three (3) days of the conduct of their random selection as Winners through mode by call/sms/ by Glanbia. Such Participants are required to provide required details as required by Glanbia (with confirmation within three (3) days from the recipient of such communication The Prize, given to the Winner, is non-transferable, non-cashable and contested on a no-exchange basis. 15. Any Prize to a person/participant of value in excess of INR 9999/- per Contest will be subject to deduction of taxes. Glanbia shall in advance deduct TDS amount which is 30% of Prize/prize amount as per applicable Income tax rules. In case the Prize is delivered/given to the Winner, then the Winner shall pay TDS by Demand Draft (DD) equal to the TDS amount in advance in favor of Glanbia Performance Nutrition (India) Private Limited. 4

5 16. Paytm Ecommerce states that the Prize(s) as depicted in the banner/landing page is purely for illustrative purpose only and may vary in its physical form and Paytm Ecommerce shall not be responsible under any circumstance leading to any kind of confusion/dispute etc. relating to the same. 17. Winner/s will be notified by Glanbia on their registered mobile number/ about the Prize(s) and further process/guidelines of claiming the prize(s). 18. If a Participant/s participates in the Contest from multiple Paytmmall/Paytm account, he /she will be awarded only one Prize. Further, Participants shall not raise any dispute against the decision of Glanbia in regard to selection of any Participant as Winner. 19. Paytm Ecommerce shall not be responsible for the Prize, any delay on part of any third party including the courier agency in delivering the Prize (if applicable) and/or any reason whatsoever. All costs and expenses for collecting the Prize unless otherwise specified shall be borne solely by the Winner(s) under this Contest and the Prize shall not be transferable and no request shall be entertained by Paytm Ecommerce for such transfer. Part-B: Legal Terms & Conditions 1. The participation in the Contest is open only for the Contest Period for the Indian citizens of 18 years and above of age. Employees of Paytm Ecommerce (including their family members & relatives) and of their affiliate or associate companies, shall not be eligible for any of the prize under this Contest. In case it comes to the knowledge of Paytm Ecommerce that any selected Participants is an employee of Paytm Ecommerce or their family member or relative, Paytm Ecommerce reserves the right to forfeit the prize. Further, to participate in Contest the Participant needs to have registered account on Paytm platform. 2. The Participants who are residents (permanent/temporary) of any state/union territory within the territory of India shall not be entitled to participate in this Contest, wherever such Contest is prohibited by applicable law. 3. Glanbia represents and warrants, that it has obtained all the necessary rights, approvals, licenses, etc. from Mr. Sonu Sood for organizing a workout session and meeting opportunity for Winners of this Contest as a Prize. 4. By participating in the Contest, Participants consent to the some information available on Paytm Platform such as name, score etc. to be communicated to its vendor as required for publication in any media, for the purpose of Winner s announcement. Paytm Ecommerce may, at its discretion, choose not to disclose the identity of the selected Winner(s) to other Participants unless expressly mentioned herein. The Participants also consent to the information being stored in the servers of Paytm Ecommerce or its service providers. 5. Participants acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, WAP, Mobile application, Website and all material or content related to the Contest shall remain, at all times, owned by Paytm Ecommerce and/or their respective owners. All material 5

6 and content contained is made available for Participant s personal and non-commercial use only. Any other use of the material/ content on the platform and/ or any information disseminated by SMS or any other means of communication is strictly prohibited. 6. Subject to any applicable laws; (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED including, but not limited to, meeting of the Participant's requirements or aspirations, timeliness, security, the results or reliability of the Contest, delay in sending or receiving the SMS for participating in the Contest, any type of delay by the Participant/Winner, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or Prize/gratification/awards acquired or obtained through the Contest or any transactions effected through the Contest; (b) The Participant expressly agree that his/her participation in the Contest is at his/her sole risk and is governed by the T&C herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind. 7. The Prize(s) under this Contest are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. All the Prize(s) shall be subject to such other T&C as may be applicable to specific Prize and shall have to be duly complied with by the Winner(s). 8. The Prize(s) to the Winner(s) shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the Prize(s) and on production of all such documents/papers as may be required by Paytm Ecommerce before accepting the delivery of the Prize. Any failure on the part of the Winner(s) to comply with directions issued by Paytm Ecommerce for claim of Prize shall entitle Paytm Ecommerce to forfeit the Prize(s) or roll the Prize over to the next eligible Winner(s), at their sole discretion. 9. Any Participant providing any incorrect information or concealing/withholding any information from Paytm Ecommerce with intent to participate and/or be chosen as the Winner(s) of the Contest will automatically be disqualified from participating in it and being chosen as the Winner(s) of the different categories of Prize. 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 operator number, domicile etc., by the Participant or dispute with the Paytm Platform, shall entitle Paytm Ecommerce to disqualify him/her without any further intimation. Paytm Ecommerce reserves its right to take appropriate legal action against any Participant involved in illegal/unauthorized activity. 10. Glanbia indemnifies Paytm Ecommerce and their officers, directors, employees, customers 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 Paytm Ecommerce may incur, pay or become responsible as sponsor/organizer/facilitator/administrator as a result of (i) Prize; (ii) Any violation of third party intellectual property rights. 11. The Participants shall indemnify and keep indemnified Paytm Ecommerce and their officers, directors, employees, customers, and affiliates harmless from and against any and all claims, losses, suits, 6

7 proceedings, action, liabilities, damages, expenses and costs (including attorney s fees and court costs) which Paytm Ecommerce may incur, pay or become responsible as sponsor/organizer/facilitator as a result of (i) breach or alleged breach of the representations or obligations by the Participants under the T&C hereunder; (ii) any failure by the Participants to comply with applicable law and (iii) any third party claim in respect of misuse of any information of a third party by the Participant. Paytm Ecommerce shall have the right to defend themselves, pursuant to this clause, at the cost of the Participants. Paytm Ecommerce or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Winner(s) or any third party, in connection with the Contest. It is expressly provided that transaction shall be between Participant & Paytm Ecommerce only. 12. All incidental costs, taxes or levies related to the Prize(s), if any, shall be exclusively borne by the Winner(s), including but not limited to logistics, TDS, gift tax (if any), Insurance and any other taxes applicable by the Central, State or Municipal government. The Participant/s who have won the Prize have to make their own arrangements for travel, accommodation to claim the Prize (if applicable); Paytm Ecommerce shall not be responsible for the same or any cost of travel and accommodation incurred by any of them. 13. The Participants and Winner(s) hereby irrevocably authorize Paytm Ecommerce to use the data/information gathered during and/or after the Contest in respect of the Participant (including but not limited to name and photograph) in any of its communications including marketing promotions and advertisements. By participating in the Contest, Participant(s) confirms to waive the applicability of rules and regulations of the national do not call Registry and agrees to receive updates and promotional messages / SMS / / Call for current and future contests from Paytm Ecommerce. 14. This Contest is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God, change of laws or any circumstance beyond the reasonable control of Paytm Ecommerce ( Force Majeure Event ). Paytm Ecommerce shall not be liable for any delay or adverse effect caused to this Contest there under as a result of a Force Majeure event. Paytm Ecommerce shall intimate the suspension of Contest caused as a result of such Force Majeure event to the Participants within reasonable time. 15. Paytm Ecommerce reserves all the rights to Contest any amount/coupon/voucher/any other Prize equivalent to the cost of the Prize. 16. This Contest is subject to guidelines/ directions issued by any applicable competent authority from time to time. 17. This Contest is designed/sourced by Paytm Ecommerce, are as per their best of efforts. In case there is any discrepancy or dispute regarding the Contest, the decision by Paytm Ecommerce shall be final and neither Paytm Ecommerce nor any third party shall have any liability towards any Participant. No queries/complaints whatsoever in this regard will be entertained. 7

8 18. Paytm Ecommerce reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Contest or any part thereof including the eligibility criteria, the T&C and Prize at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Participant. 19. Failure by Paytm Ecommerce to enforce any of their rights at any stage does not constitute a waiver of those rights. Further, Paytm Ecommerce may assign any of its rights within the Contest to any party without prior intimation to Participants. 20. Paytm Ecommerce does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participants. 21. Paytm Ecommerce neither guarantee or warranty the quality of the goods/opportunities being contested as Prize nor is liable/ responsible for any defect in the goods so obtained/availed, by the Winners under this Contest. Paytm Ecommerce shall also not be liable for any defect in the Prize so contested to the Winner under this Contest. The Winner further understands that the goods provided as Prize will carry manufacturer s guarantee and in case of any deficiency in the goods, Participant will contact the manufacturer only. 22. Prize(s) as explained in Clause 14 of Part A of this T&C shall be given as cheque/demand draft only on sole discretion of Glanbia. 23. The Winners understand and agree that Paytm Ecommerce its owners and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a Winner and/or any third party, directly or indirectly, by use or non-use of the Prize. 24. Apart from the entitlement to the Prize, the Winners or their legal heirs/successors/ representative will have no other rights or claims against Paytm Ecommerce, its owners/organizers/sponsors and affiliates. Notwithstanding anything, in case of any dispute, maximum aggregate liability of Paytm Ecommerce, shall not exceed value of the concerned Prize mentioned under Part-A of this T&C. 25. The Winner(s) understand and agree that acceptance of the Prize by them, constitutes grant of permission to the facilitators to click photographs of the Winner and use the Winner s names, photograph, preferences (likes and dislikes), voice and comments for advertising and promotional purposes in any media worldwide, only for the purposes of advertising and trade without any additional compensation whatsoever to the Winners. The Participant/Winner hereby provides his/her irrevocable consent for sharing/submission of his/her personal information to Paytm Ecommerce, and subsequent use by Paytm Ecommerce of such information for lawful purposes as per its discretion. 26. Post Winner(s) declaration and completion of their announcement and further process as the case may be if Paytm Ecommerce finds that the declared Winner(s) are erroneous then Paytm Ecommerce reserves the 8

9 right to declare the correct Winner(s) again (as per the T&C) and cancel the Prize of Winner(s) declared earlier and the same decision of Paytm Ecommerce shall not be challenged by any erroneously selected Winners. 27. Paytm Ecommerce shall not be responsible for any claims from any Participant/Winner(s) or any third party arising out of any failure(s) which is beyond the reasonable control of the Paytm Ecommerce. Without limiting the generality of the foregoing, the organizer shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Contest including but not limited to any technical failures in the mobile/device/computer/laptop connectivity, delay in sending or receiving the SMS for participating in the Contest, any type of delay, any action that has been initiated, actioned or completed through his/her mobile phones/device/computer/laptop, failure of servers or any type of failures arising out of technical snags or resultant inability of the Participant(s). 28. The Participant s hereby agree and undertake not to hold the organizer and/or any of their group entities or affiliates, their respective directors, officers, employees, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or indirect or remote that they may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Contest. 29. Any dispute arising out of this Contest s T&C shall first be attempted to be resolved amicably through negotiations. In the event, amicable settlement fails, the dispute shall be referred to Mediation. The venue of Mediation shall be at Delhi only. 30. This Contest and T&C are subject to Indian law and the exclusive jurisdiction of the courts in Delhi. 9