SEASON OF SMILES Digital Raffle Program. Terms & Conditions
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- Marjory O’Brien’
- 5 years ago
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1 SEASON OF SMILES Digital Raffle Program Terms & Conditions By participating in this Promotion (defined herein) You ( You or Participants or Purchaser ) agree to be legally bound by and abide by the below terms & conditions (T&C). You confirm and acknowledge that you have read, understood and agreed to confirm to these Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, PLEASE DO NOT PARTICIPATE IN THIS PROMOTION. By participating in the Promotion, You hereby agrees to the Terms and Conditions mentioned below and gives, accord Your irrevocable consent to the process of selecting the winner as set out herein or announcement of the winner from time to time by Bangalore International Airport Limited ( BIAL ), and any appropriate changes that may be made to this Promotion by BIAL, 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 BIAL, its affiliates and associates or for any other reason whatsoever. 1. The Season of Smiles Shopping Promotion SPEND MORE, GET MORE, WIN MORE!!! (the Promotion ) at the Passenger Terminal Building, Kempegowda International Airport, Bengaluru (the Airport ) is organized by BIAL and is open to all eligible individuals who are valid passengers (possessing valid boarding pass and travelling) aged 18 years or above as of the date of the purchase invoice (invoice). 2. The Promotion is valid only from 00:01 hours (Indian Standard Time -IST) of 15 th December 2018 till 23:59 hours (IST) of 15 th January 2019 (the Promotion Period ). BIAL reserves the right at its discretion, to extend or reduce or change the Promotion Period. 3. Participation in the Promotion is purely voluntary. To participate in the Promotion, Participants has to make a minimum purchase of 999/- subject to conditions of the Promotion. 4. BIAL is only facilitating the Promotion and hence, purchase made at any of the designated food & beverage/retail shop/outlet or/and Airport lounge facility or any other shop/outlet (the Outlet ) shall not be construed as sale by BIAL. The contract of sale or purchase of the products or services is strictly a bipartite contract between the seller/outlet and the Participant. BIAL does not make any representation or Warranty including quality, value, salability, etc. of the products or services sold or offered to be sold at the Outlet or purchased by the Participants. Outlet Excluded from the Promotion: AVA, Aviserve, Centrum-FOREX, Nandini, Valtrans, and ITC/Relay Cigarette Kiosks, Lal Sweets or any other Outlet as may be notified by BIAL from time to time. BIAL is not making any representation or warranties about the taste, quality, etc., of the products/items and BIAL is in no way liable or responsible for any after-sale related issue or service. 5. Any purchaser, who spends a minimum sum of 999/- or more, at any of the Outlet, is eligible to participate in the Promotion through registration within Promotion Period. Page 1 of 8
2 Mode of Registration a. Through a digital kiosk at the Outlets by providing the mobile number and id and such other details as mentioned therein, OR b. By giving a missed call to mobile no from his/her mobile phone (India users) and subsequently registering in the Promotion through due process therein. OR c. By scanning the QR Code displayed at the Outlet and other designated places through due process. 6. For the purpose of registration, purchaser has to produce digital/physical purchase Invoice at the Outlet for scanning the QR code or by giving a missed call, and filling in the requisite contact details (viz., name, mobile number, address) and by uploading the photo capture of the Invoice. 7. Spend is not limited to any specific product or service. Any purchase for 999/- or above, at the Outlet entitles the participant to get raffles as detailed herein, and would be eligible for the Gratification. 1 For spend of Rs. 999/- One Raffle 2 For every additional spend of Rs. 100/- One additional Raffle 8. Any entry, which is erroneous, incomplete or with any discrepancy, shall be ineligible or disqualified. 9. Gratification Details: Following items/products/services may be provided as Gratification ( Gratification ). a. 32 Daily Gratification. which may include electronic products. b. 10 Mega Gratification which may include Watches. c. 1 Bumper Gratification which will be (1) BMW X1 (basic model). d. 3 couple Travel trip to Singapore (3 night 4 days). Note: *) Participants making payment only using Mastercard are eligible to win the Travel trip to Singapore. **) If the purchase is above Rs. 999/- by using Mastercard, such participants are eligible for all the above gratification. 10. All winner will be selected at random by a computer from the valid entries. All the Gratification shall be announced after the end of the Promotion Period. The selection of winner is expected to be held by 14:00 hours (IST) on 25 th January 2019 ( Announce Date ), however BIAL reserves the right at its discretion, to Change the date. Page 2 of 8
3 11. The winner shall be published on the website It is the primary responsibility of the Participant to check the website: and claim the Gratification. If a winner does not claim the Gratification from BIAL by the respective due date as mentioned below, the winner forfeits his/her Gratification. 12. The winner shall collect the Gratification himself/herself personally on or before 30 TH January 2019 during 09:00 and 17:00 hours [IST] (or such other date and time as may be notified by BIAL from time to time) by submitting the documents mentioned herein. In case the winner do not claim his/her Gratification by the date mentioned above, the winner shall be forfeited of the Gratification without notice or liability to BIAL. In such case BIAL may in its discretion communicate to the alternate winner and such alternate winner shall collect the Gratification himself/herself personally by producing the documents mentioned herein on or before 5 th February 2019 (during 09:00 and 17:00 hours (IST) (or any such other date and time as may be notified by BIAL from time to time, failing which, such alternative winner shall be forfeited of the Gratification without notice or liability to BIAL. Similarly, in case the alternative winner do not claim the Gratification, BIAL shall announce another alternative winner and such winner shall collect the Gratification by submitting the documents mentioned herein personally on or before 10 th February 2019 during 09:00 and 17:00 hours (IST) (or such other date and time as may be notified by BIAL from time to time. BIAL shall only make two (2) attempts to contact the winner on their registered mobile number to inform about the selection of Gratification and further process thereof. BIAL shall announce the winner only three times as mentioned above. In case, none of the winner claim the Gratification, the winners so selected shall be forfeited of the Gratification without notice or liability to BIAL. Regardless, any unclaimed Gratification within the stipulated time shall become the sole property of BIAL. List of Documents to be produced by Purchaser/Participants shall include i. Valid Boarding Pass of the Participants. ii. Customer Copy of Original Invoice (for verification and return) iii. Certified Copy of the Original Invoice (for BIAL records). iv. 2 Nos. passport size colour photographs, v. Certified copy of the Aadhar card or equivalent government authorized and issued valid identity card. vi. Certified copy of the address proof. vii. Certified copy Permanent Account Number card (both sides) viii. Certified copy Passport. ix. personal information declaration-cum- Gratification receipt duly signed and witnessed. x. Any other document as may be requested by BIAL. In case the winner/participant fails to submit the above documents, winner shall be forfeited of the Gratification without notice or liability to BIAL. Any failure on the part of the winner(s) to comply with directions issued by BIAL for claim of Gratification shall entitle BIAL to forfeit the Gratification or roll the Gratification over to the next eligible winner(s), at BIAL s sole discretion. Page 3 of 8
4 13. All incidental expenses or/and costs like travel, accommodation, food, etc., for such attendance and availing the Gratification/s shall be borne by the winner. BIAL, all its business partners/concessioners and other parties involved in the Promotion, including their directors, officers and agents are not liable in any way whatsoever including the following: a. any expense incurred for taking part in the Promotion; b. any sort of technical failure; c. intervention by unauthorized parties during the Promotion; and d. any entry not received or delayed submission of the entry. 14. The employees (including their family members) of, BIAL, all concessionaire s, licensee or vendor at the Airport, advertising and promotion agencies or/and any person related to the Promotion, are not eligible to participate in the Promotion. In case it comes to the knowledge of BIAL that any winner is an employee (including their family members) of BIAL or concessionaries or advertising and promotional agencies, BIAL reserves the right to forfeit/cancel the Gratification. 15. Gratification are not exchangeable for cash, and not transferable or assignable under any circumstance whatsoever, and will only be given to the winner only, who is able to satisfy the requirements for claiming the Gratification set-out herein. 16. Any or all incidental costs, taxes or levies, duties or the like related to the Gratification(s), shall be exclusively borne by the wining Participant, including but not limited to TDS, gift tax (if any), insurance and any other taxes applicable by the Central, State or Municipal government. The winning participant shall make his/her own arrangements for travel, accommodation to claim the Gratification (if applicable); BIAL shall not be responsible for the same or any cost of travel and accommodation so incurred. The winner shall agree to indemnify and keep BIAL sufficiently indemnified against any failure to remit the tax payable to the relevant authorities or its act or omission in this regard. 17. By participating in the Promotion, Participant/s hereby confirms to waive the applicability of rules and regulations of the National Do Not Call Registry and agrees to receive updates, transactional and promotional messages / SMS / / Call for current and future promotions from BIAL. The participant hereby expressly authorizes BIAL to send the following automated or/and manual transactional or promotional and other SMSs and s and the same are not governed by the DO NOT DISTURB directive: a. a response SMS to the mobile number, delivering the web link and OTP; b. an SMS, when the participant submits an entry; c. an SMS (India) and an (all) on successful generation of raffle number/s for a submission, or on rejection; d. any and all other SMSs or/and s related to the Promotion for the purposes of contacting, communication, etc., Page 4 of 8
5 18. The participants and Winner(s) hereby irrevocably authorize BIAL and its owners, affiliates, subsidiaries, associates to use the data gathered during and/or after the promotion in respect of the Participant (including but not limited to name and photograph) in any of its communications including marketing Promotion and advertisements. 19. BIAL is only a facilitator for sales promotion, and all Gratifications are distributed on as is where is basis. BIAL neither guarantees, nor, warrants with respect to the items provided as Gratification, against any error or defect in material or/and workmanship, non-compliance, defective product, deficiency in service; and hereby disclaims all warranties, express, implied or statutory, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, title and non-infringement, and BIAL is in no way liable or responsible for any legal requirement, after-sale related issue or service or otherwise. 20. 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 Promotion, delay in sending or receiving the SMS for participating in the Promotion, delay in time taken or recorded for answering a question under the tie-breaker process (if applicable), 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 Promotion or any transactions effected through the Promotion; (b) The participant expressly agree that his/her participation in the Promotion 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. 21. Nothing herein amounts to a commitment or representation by BIAL to conduct further such events. 22. Participants are fully be responsible for all injuries, damages or claims resulting from their participation in the Promotion or/and from acceptance or use of the Gratification. By accepting or collecting any Gratification, the winner agrees to indemnify BIAL and all its business partners, and other parties related to the Promotion, including, their directors, officers, employees and agents from any claim, prosecution, judgment, damage, loss or liability incurred related to his/her participation in the Promotion, or his/her acceptance or use of any Gratification. For the purpose of clarification, the Gratification will be deemed claimed when the winner signs an acknowledgement receipt. 23. The participants shall indemnify and keep indemnified BIAL and their officers, directors, employees, customers, affiliates, agents, concessionaire s, licensees or vendor at the Airport, advertising and promotion agencies or/and any person related to the Promotion, 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 BIAL may incur, pay or become responsible as facilitator as a result of breach or alleged breach of the representations or obligations of the Page 5 of 8
6 Participants; any failure by the participants to comply with applicable laws and any third party claim in respect of misuse of any information of a third party or any act or omission on the part of participants/winners. BIAL shall have the right to defend themselves, pursuant to this Clause, at the cost of the participants. 24. In no event will BIAL or any of its officers, employees or/and agents be liable for any loss or damages (including but without limitation, loss of income, profits or good will or indirect, incidental, consequential exemplary, punitive or special damages of any party) howsoever arising, whether in contract, or otherwise in connection with the Promotion, even if BIAL has been advised of the possibility of any such damages in advance and all such damages are expressly excluded. For all claims under this Promotion BIAL s liability (in aggregate) shall be limited to the sum of the invoice value of the Participant through which participant has participated in this Promotion or raffle /voucher giving rise to such claim. 25. BIAL shall not be liable for loss of Gratification/s, damaged Gratification/s or stolen during or after the course of collection or/and delivery of the Gratification/s. 26. BIAL shall not be responsible for any claims arising out of technical failures before, during the Promotion or after the completion including but not limited to any technical failures in the mobile connectivity, delay in sending or receiving the SMS for participating in the Promotion, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct score updates or any failures arising out of technical snags or resultant inability of the participant. 27. Notwithstanding anything contrary, BIAL reserves the right at its sole discretion, to vary, delete, amend, modify, change, cancel, terminate, annual, withdraw or suspend the Promotion or any of these terms and condition set-forth herein at any time, without any notice and without any obligation or liability whatsoever. For the avoidance of doubt, modification, amendment, cancellation, termination or suspension of the Promotion by BIAL shall not entitle the participant to any right to claim or claim or compensation against BIAL for any or all loss or damage suffered, or costs and expenses incurred by the participant either directly or/and indirectly arising from or in connection with such modification, amendment, cancellation, termination or suspension. 28. All the entries shall become the property of BIAL. BIAL reserves the right to use, publish, disclose or display the name, address, photograph, particulars or/and documents or details of all or any of the winners for advertising and publicity purposes. 29. The winners may be required to attend presentations ceremony or/and participate in publicity programs, which BIAL may from time to time, organize in connection with the Promotion and if so, such winner should at his/her own cost attend such functions. BIAL reserves the right to disqualify the winner in the event that, the winner refuses or fails to participate in such presentation ceremony or publicity program. The winners are not allowed to elect or depute representatives or proxies. Page 6 of 8
7 30. By participating in this Promotion, participants have given us the royalty-free and perpetual right to use your name and photograph and other details (including personal sensitive information) for the purpose of this Promotion including announcing your name as eligible participant on social media, or in public domain, as BIAL deems fit. The participants also consent to the information being shared by BIAL with its affiliates and service providers and to the information being processed and stored in the servers inside or outside India. 31. The winner(s) understand and agree that acceptance of the Gratification by them, constitutes grant of permission to BIAL 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 BIAL, and subsequent use by BIAL of such information for lawful purposes as per its discretion. Any personal data collected will be used by BIAL or its agents to contact you via phone, SMS or for marketing and to deliver certain updates for services or information participants have requested. 32. Any participant providing any incorrect information or concealing/withholding any information from BIAL with intent to participate and/or be chosen as the winner(s) of the Promotion will be disqualified from participating in it and being chosen as the winner(s). 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 number, domicile etc, by the participant, shall entitle BIAL to disqualify him/her without any further intimation or liability to BIAL. 33. Post winner(s) declaration and completion of their announcement and further process as the case may be if BIAL finds that the declared winner(s) are wrong then BIAL reserves the right to declare the correct winner(s) again and cancel the Gratification of winner(s) declared earlier. 34. BIAL does not make any representation or commitment, express or implied to respond to any feedback, suggestion and/or queries of the participants. 35. BIAL shall not be responsible for any act or omission of the Outlet/Seller of the Product/services under any circumstance. 36. This Promotion is subject to guidelines/directions issued by any applicable competent authority (Government or otherwise) from time to time. 37. This Promotion 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 BIAL ( Force Majeure Event ). BIAL shall not be liable for any delay or adverse effect caused to this Promotion there under as a result of a Force Majeure Event. BIAL shall intimate the suspension of Promotion caused as a result of such Force Majeure Event to the participants within reasonable time. Page 7 of 8
8 38. Where the Promotion or any part thereof is declared invalid or illegal by the court of competent jurisdiction or applicable law, the Promotion stands withdrawn and annulled forthwith without any liability to BIAL. 39. BIAL s decisions on all matters relating to the Promotion including the determination of the eligible participants, selection of the winner etc., are final, conclusive and binding, and no further correspondence or attempt to dispute such decision will be entertained. 40. Failure by BIAL to enforce any of their rights at any stage does not constitute a waiver of those rights. Further, BIAL may assign any of its rights within the Promotion to any party without prior intimation to participants. 41. These Terms and Conditions are applicable for the Promotion period only and BIAL is does not have any obligation to retain these terms in the aforesaid website after the expiry of the Promotion period. 42. The Promotion and the terms and conditions set forth herein are subject to Indian Laws and the exclusive jurisdiction of Courts in Bengaluru. Any query or clarification related to this T&C document, must be made by to the below address: seasonofsmiles@bialairport.com Page 8 of 8
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