English, Hindi, Malayalam, Gujarati, Marathi, Punjabi, Kannada, Telugu, Bengali

Transcription

1 TERMS AND CONDITIONS Sawal 10 Lakh Ka Competition 1. Sawal 10 Lakh ka Competition (hereinafter referred to as the Competition ) jointly organized by Vodafone Essar Limited, Vodafone Mobile Services Limited, Vodafone Essar Gujarat Limited, Vodafone Essar East Limited, Vodafone Essar South Limited, Vodafone Essar Digilink Limited, Vodafone Essar Cellular Limited and Vodafone Essar Spacetel Limited (hereinafter referred to as Vodafone Essar ) and OnMobile Global Limited (OnMobile), jointly referred to as Organizers and is valid during the period from 26 th October 00:00:01 hrs to 9 th December, 23:59:59 hrs (hereinafter referred to as the Competition Period ). Vodafone Essar reserves the right to extend or shorten the Competition Period, as it deems fit. 2. The Competition is optional and valid for all *Valid Subscribers i.e. both prepaid and postpaid of Vodafone Essar (hereinafter referred to as Subscribers ) residing in India who are above 18 years of age, in the 20 circles (AP, ASSAM, BIHAR, DELHI, GUJARAT, HARYANA, HP, KARNATAKA, KERALA, KOLKATA, MAHARASTRA, MP, MUMBAI, NE, ORISSA, PUNJAB, RAJASTHAN, WEST BENGAL, UPE, UPW) who successfully subscribe for the Competition (hereinafter referred to as Participant ) by following the subscription process mentioned hereunder. However, the Competition is not available to subscribers who are roaming outside their home circle. *Valid Subscriber means having valid Subscription of Vodafone cellular mobile telephony services as per Law. The Competition will be available in the below mentioned languages: English, Hindi, Malayalam, Gujarati, Marathi, Punjabi, Kannada, Telugu, Bengali 3. A Subscriber by subscribing to the Competition, hereby agrees to the terms and conditions mentioned below and gives his/her consent to the procedure for winner selection as set out herein, and any appropriate changes that may be made to this Competition by the Organizers for any reason whatsoever. 4. Participation in the Competition will be construed as an acknowledgement and acceptance of the terms and conditions set out herein and further agreed to be bound by the terms and conditions stated herein. A Vodafone Essar Company

2 5. Subscription process a) Subscription to the Competition will be open 5 days before the Competition start date and will close 1 day prior to the Competition end date. b) Subscribers can subscribe to the Competition by any one of the following means: Call SMS ACT LAKH to 144/111 Dial USSD String *567*899# Press 1 through OBDs/Indials c) There is no charge for subscription. d) On sending the subscription request: Through USSD/SMS the user will receive an acknowledgement telling him/her that his/her subscription request has been received. By pressing 1 through OBD/IVR, he/she will be informed that his/her subscription request has been received. e) Once the user is successfully subscribed he/she will get an SMS informing about the Competition, the prizes to be won and that the Competition can be played at just Rs.5/day. f) If the subscription is unsuccessful, the user will get an appropriate SMS telling him/her to try again later. g) On all Competition days, participants will be charged RS.5/- through trigger charging and can play the Competition on the toll free number h) If a user wants to unsubscribe then it can be done by calling toll free. 6. After the Subscription opens(before the Competition Period) a) When an MSISDN calls the number after subscription starts, the system checks if the caller has already subscribed to the Competition or not.

3 b) If the caller has not subscribed to the Competition through any mode, then the Subscription Intro prompt will be played, asking the caller to subscribe by pressing 1 If the caller presses 1, he/she will be informed that the request has been taken and once the same is confirmed, he/she will receive a subscription confirmation SMS and the call is dropped. If the caller presses 2, he/she will be informed that he/she can subscribe any time by calling and the call is dropped. c) If the caller has already subscribed If the status is confirmed, the caller is informed that he/she has already subscribed and the Competition will start on 26 th October 2010, and the call is dropped. If the status is pending, the caller is informed that his/her subscription request is being processed and once the same is confirmed, he/she will receive a confirmation SMS, and the call is dropped. d) If the caller gives an invalid input then an appropriate prompt is played and Subscription option will be repeated. On subsequent invalid input two or more chances are given to the caller in detail with DTMF options. If the caller still continues to give invalid inputs then an appropriate prompt is played i.e. upon maximum error the call is dropped, after telling the caller to come back and subscribe later. e) The above applies to callers who give no response also. 7. Competition o Competition will be available on the toll free number for all subscribers of the Competition. o All subscribed participants on the first day of the Competition will be charged Rs.5/- for that day from 01:00:00 hours onwards. If the charging is successful, participant will get a confirmation SMS, along with the rules, prize and terms and conditions URL, and the number on which he/she can call and participate in the Competition.

4 o All MSISDNs who subscribe after the Competition starts, will be charged RS.5/- for the same day. If the charging is successful, participant will get a confirmation SMS, along with the rules, prize & T&C URL, and the number on which he/she can call and participate in the Competition. o On subsequent days, the system will try to charge all participants Rs.5/- at 01:00:00 hours, irrespective of successful charging or failure the previous day. This charge will not be refunded to participants under any circumstances. o Every day, all subscribed participants of the Competition will be sent the charging success SMS (if the charging is successful), along with the number on which he/she can participate in the Competition. o All subscribed participants will be charged from the first day of the Competition, or the day he/she subscribes to the Competition, till the end of the Competition, or the day till he/she unsubscribes from the Competition, whichever happens earlier. o All subscribed participants of the Competition can play the Competition, by calling the toll free number , irrespective of whether they have been charged on that day or not. o As soon as an MSISDN subscribes to the Competition, the MSISDN will be allowed to play the Competition, even before receiving the subscription confirmation from the Sub Manager. Only if the subscription fails for any reason, he/she will be stopped from playing further. o The confirmation SMS sent by the application that a participant has been charged RS.5 will be sent only after 8 am and before 9 pm for the day even though that the charging would happen anytime between 01:00:00 hours and 23:59:59 hours. o The Competition consists of a total of 225 questions, with 2 answer options each. After exhausting the initial round of questions on any given day, the participant will be asked to call up the next day. o As soon as a participant calls , a DEL prompt is played (Competitions Settings Menu), asking the participant to press 1 to play the competition or to press 2 to change the settings of the competition. o If the participant presses 2, he/she will be given 3 options: 1. To Choose your language Press 1 2. To unsubscribe from the competition, press 2 3. To play the Competition press 3

5 If a participant presses 1, an appropriate prompt is played and then the participant will be taken to the competition. If a participant presses 2, then, an appropriate prompt is played and the call is dropped. Pressing 3 will take participant back to the Competition where he/she can continue from where he/she left o If a participant presses 1, a welcome prompt is played, the first time he/she calls for the day, explaining the rules, prize & T&C. The participant is informed that he/she can press 9 at any time during the Competition to know more about the Competition. o If the participant presses 9, then he/she will be taken to the Info zone, wherein the participant is given 5 options: To choose your language Press 1 For information on Prize press 2 For instruction Press 3 And for Terms and Conditions Press 4 To play the Competition press 5 o If participant presses any of the above options other than 5, then the appropriate prompt will be played according to the option selected and then the participant will be taken back to the same menu of 5 options. o Pressing 5 will take participant back to the Competition where he/she can continue from where he/she left o If participant does not press 9 or * then he is taken to the 1 st question. o If the caller calls in for a second time or more, without completing the questions for the day, he/she is played a short intro prompt. o Then, for second and subsequent callers for the day, a score prompt will be played at the beginning if his/her score for the day is NOT 0. o If participant does not press 9 or * after this, then he is taken to the next question. o Competition will be on DTMF and so the participant can press 1 for 1 st Option or 2 for 2 nd Option on the phone keypad to answer. o For every right answer the participant will get 1 point. There is no negative marking for a wrong answer.

6 o After every right/wrong answer, the participant will be given the next question. o If participant stops playing the Competition after answering the nth question then when he/she calls back on the same day, he/she will be played the (n+1)th question. If participant stops playing the Competition without answering the nth question then when he/she calls back on the same day, he/she will be played the nth question. o Irrespective of whether or not the participant has answered all 5 questions on a particular day, when he/she calls on the next day, he/she will be played the first question of that day. o The questions will be played sequentially. o The participant is played the questions one after the other till he/she finishes answering all the questions for that day. o If caller gives an invalid input then an appropriate prompt is played and the question and answer options will be repeated. On subsequent invalid input two more chances are given to the caller in detail with DTMF options. If caller still continues to give invalid inputs then an appropriate prompt is played i.e. upon max error the call is dropped after telling the caller to come back and complete the Competition. This applies to callers who give no response also. o Caller can press * to listen to a question again. o There will be a black-out time for the Competition every day between 11:45 PM and 12:15 AM of the next day. This black out time will be communicated to all participants at the time of subscription. o After every DTMF input from the participant, the system will check the time. In case the time is after 11:45 PM and before 12:15 AM, the participant will be informed that the Competition is closed for the day and will inform the participant to call back the next day after 12:15 AM. The call is then dropped. o If a participant calls between 11:45 PM and 12:15 AM, the same response will be given and the call is dropped. o Once the participant has answered 5 questions for the day, he/she will be played a prompt telling him/her that he/she should call up the next day for more questions o All participants of the Competition who have NOT played the Competition for the last 7 days will be sent an SMS asking them to play the Competition by calling the toll free number This SMS will also contain the methods of unsubscribing from the Competition so that participants are educated about the same.

7 8. Winner Selection a) Daily Prize o One MSISDN from each circle, with the highest score of 5 points on that day, in the least amount of time, who has been charged for the day, will be selected as the winner for the daily prize of that day. The time that shall be taken into consideration in selecting the Winner shall be the time from when the system receives response to the 1 st question of the day, from that subscriber, till the time the system receives the answer to the last (5 th ) question of that day, from that subscriber. One MSISDN can win the Daily Prize not more than 5 times during the Competition period. However, the winner of the daily prize will still be eligible to win either the Bumper prize or the Weekly prize provided he/she meets the criteria of the respective prize. The daily prize is worth approximately Rs.500/- talk time per day per circle. o In case of a tie in the selection for the Daily Prize, the Winners the will be selected through a Random system generated process. b) Weekly Prize o 1 MSISDN, per circle, with the highest number of 5 point score occurrences in the week and that has been charged on all days of that week, as per the **weekly schedule, is selected as the winner of the weekly prize. Which means that the cumulative score is not considered but the maximum number of days an MSISDN has scored 5 points will be considered. One MSISDN can win a weekly prize not more than 3 times during the Competition period. However, the winner of the Weekly prize will still be eligible to win the Bumper prize or the daily prize provided he/she meets the criteria of the respective prizes. The weekly prize is Nokia Mobile Phone model per week per circle. c) Bumper Prize o The MSISDN with the highest score of 5 point score occurrences during the entire Competition period and that has been charged on all such days, will be selected as the winner of the Bumper Prize. Which means that the cumulative score is not considered but the maximum number of days an MSISDN has scored 5 points will be considered. The winner of the Bumper prize will still be eligible to win the weekly prize or the daily prize provided he/she meets the criteria of the respective prizes. The Bumper Prize is worth Rs.10 Lakhs. d) In case of a tie in the Winner selection of the Bumper and Weekly Prizes, the time taken by the eligible participants on all the days when he/she scored 5 points and

8 **Weekly Schedule was charged, will be considered and the participant, whose sum total of time taken on all such days is the lowest, will be selected as the Winner. In case of a further tie, the Winners will be selected through a Random system generated process. e) All prizes will be given after deducting various taxes, license fees and charges as applicable. f) The Daily prize of Talk time offered in this competition will be distributed by Vodafone and the Bumper prize and Weekly prizes offered in this Competition will be sponsored and distributed by OnMobile. g) The winner selection process will be audited by an independent auditor. Week From To 1 26 th Oct 4 th Nov 2 5 th Nov 11 th Nov 3 12 th Nov 18 th Nov 4 19 th Nov 25 th Nov 5 26 th Nov 2 nd Dec 6 3 rd Dec 9 th Dec 9. All decisions of Organizers on the selection of winners shall be final and binding and no correspondence or communication shall be entertained in this regard. 10. All Winners shall be informed individually by SMS and by calling on their registered mobile number or by any other mode which Vodafone may deem fit. The Winners shall be required to provide their Address at which the Prizes may be sent by Organizers at the number provided in the SMS. The participants agree that there shall be no liability on Organizers in the event such message does not reach such Participants on any account whatsoever. In the event that any of the winners cannot be reached or are ineligible or are disqualified, for any reason whatsoever, the organizers reserve the right to forfeit the prize at their sole discretion. 11. Participation in the Competition will be construed as a waiver of the applicability of rules and regulations of the National Do Not Call Registry and the Participant agrees to receive promotional messages/calls from the Organizers. 12. Subscriber shall directly contact OnMobile regarding any queries / complaints pertaining to the Competition. Alternatively, the subscriber can send an to contests_cc@onmobile.com. All disputes must be addressed by the Subscriber in writing to OnMobile directly and Vodafone shall not entertain any communication in this regard.

9 Further, any information that the participant may request in connection with the Competition, may be provided by the Organizers to the participant, at the sole and absolute discretion of the Organizers, depending on the nature of the information requested, and any such information shall be available only for a period of 1 years (12 months) from the end of the Competition. No such request shall be entertained thereafter. The Organizers further clarify that any information requested by the participant shall only concern that participant and under no circumstances will the Organizers provide confidential information or information pertaining to other participant(s). 13. Organizers or their affiliates shall be entitled to use, in any manner, the details of the Participants for their sales, marketing and promotional purposes, including the Prizes awarded to them, if any. By participating in the Competition, all Participants hereby agree to the same. Organizers may, at their discretion, choose not to disclose the identity of the selected Participant to other Participants. 14. Prize(s) shall neither be transferable nor exchangeable for cash or otherwise. Mere participation in the Competition shall not entitle a Participant to the Prize. No other person or agent can claim the Prize on behalf of the Participant. 15. All prizes must be claimed by the winners, along with the documents specified herein below. 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): a. Identity Proof b. Address Proof c. Proof of holding the Vodafone Essar telephone connection d. Letter of Compliance with rules and regulations and declarations in the format as may be required by Vodafone Essar etc. 16. Any prize of value in excess of INR Rs. 9,999/- will attract deduction of tax at source and all taxes to be paid on the prize/s shall be paid by the winner on the prevailing rate. Any prize of value in excess of INR 9,999/- in a year*** 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. 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 participant, at the sole discretion of the Organizer(s). ***A participant earning prize in excess of INR 9,999 in a year in aggregate from all competitions / offers conducted by OnMobile Global Limited as one of the Organizers irrespective of the Operator or other organizers will be subject to TDS under the Income Tax Act, 1961.

10 17. Organizers is not liable for any direct/indirect costs or expenses in relation to the Competition which are to be borne by the Participant personally, including without any limitation applicable taxes to be borne by the Participants eligible for the prize. 18. The Participants shall not have the right to claim any damages, loss or costs from Organizers for delay in delivery of the prize(s) on any grounds whatsoever. 19. Organizers are not liable for any loss or damage of any nature whatsoever if incurred in connection with the Competition, except for any liability which cannot be excluded by law. 20. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by Organizers including, but not limited to, meeting of the Participant's requirements or aspirations, timeliness, security, the results or reliability of any Competition/Scheme, 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 Competition or any transactions effected through the Competition; (b) The Participant expressly agrees that his/her participation in the Competition offered by Organizers 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 Competition shall be construed to mean the giving of any warranty of any kind by the Organizers. 21. The prize(s) to the winners shall be given subject to compliance with all applicable statutory legislations/ processes /formalities in connection with the prize(s) and on production of all such documents/papers as may be required by the Organizers before accepting the delivery of the prize. Any failure on the part of the winners to comply with directions issued by Organizers for claim of prize shall entitle Organizers to forfeit the prize(s). OnMobile at its sole discretion shall decide the model/variant of any prize being offered in this Competition. 22. 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 18 herein below. 23. The Prizes shall be handed over by the Organizers on receipt of all the documents, from the winners, required to process the distribution of the Prize. 24. The selection of the winner of all the prizes being offered in this Competition shall be completed within 6 months from the Competition end date. The list of the winners of the Daily Prizes will be published at as and when they have been contacted and confirmed. The list of winners of the remaining Prizes shall be published at within 6 months of the Competition end date.

11 25. This Offer cannot be used in conjunction with any alternative offer or promotion. 26. This Competition is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Organizers. 27. The terms and conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form. 28. This Competition is subject to guidelines/ directions issued by the Telecom Regulatory Authority of India or any other statutory authority from time to time. 29. Questions and their answers are sourced by Onmobile, are as per their best knowledge and information available and have been collected and framed with reasonable care. In the event of any discrepancy / dispute regarding the questions or answers, neither OnMobile nor any third party involved shall be liable towards any Participant in any manner. 30. Neither Vodafone Essar nor OnMobile shall be responsible for any claims arising out of technical failures before, during or after the completion of the Competition including but not limited to any technical failures in the telephone lines, failure of servers or the failure to provide the correct Competition score updates or any mistakes arising out of technical snags. Further, Vodafone Essar /OnMobile shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of OnMobile or Vodafone Essar Organizers or any of their group entities or affiliates, their respective directors, officers, employees, agents, representatives, 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), by a participant and/or any third party, directly or indirectly, by use or non-use of the prizes offered in this Competition. 32. Organizers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this offer/competition or any part thereof including the eligibility criteria, the Terms & Conditions and prizes at their sole discretion at anytime during its validity as may be required in view of business exigencies and/or changes by regulatory authority and/or statutory changes and the same shall be binding on the Subscriber. You are therefore advised to check this website regularly for any update(s) or amendment(s) made to these terms and conditions. 33. An employee, agent, associates, distributors, dealers of Organizers or a relative of an employee of Organizers shall not be eligible to participate in the Competition.

12 34. Organizers may assign any or all of their rights under these Terms and Conditions to their Affiliates without consent of the Participants. 35. The Organizers 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 Competition. Failure by Organizers to enforce any of their rights at any stage does not constitute a waiver of those rights. 36. Any attempt by a Participant to deliberately undermine the legitimate operation of the Competition is a violation of Criminal and Civil Laws and should such an attempt be made, Organizers reserve the right to seek damages from any such Participant to the fullest extent permitted by law. 37. Organizers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participants. 38. Organizers officials including their directors, officers, partners, employees, consultants and agents are under no obligation to render any advice or service to any Participant in respect of the Competition. 39. You acknowledge and agree that all copyright and trade marks and all other intellectual property rights in the SMS content/ WAP/ website and all material or content related to the Competition shall remain, at all times, owned by OnMobile/ their respective owners. All material and content contained in this website is made available for your personal and noncommercial use only. Any other use of the material/ content on this website/wap site and/ or any information disseminated by SMS or any other means of communication is strictly prohibited. 40. Nothing in the Competition shall affect any intellectual property rights of Organizers in any product or service. 41. Apart from the entitlement to the above Prize, the Winners or their legal heirs/successors/representative will have no other rights or claims against Vodafone Essar. 42. The Subscribers/participants/winners hereby irrevocably authorize Vodafone Essar, that the data gathered during and/or after the Competition in respect of the participants (including Subscriber name and photograph etc.) shall be the property of Vodafone Essar and Vodafone Essar and its subsidiaries and shall be entitled to use the same in its any communications including marketing promotions and advertisements along with/without Vodafone Essar s brand.

13 43. The Subscriber, who is accessing the Competition through free /confessional /complementary SMS tariff, shall not be entitled for the Prizes. 44. The Winner s name will be announced as registered in the system of Vodafone Essar. 45. The Winner shall not be entitled to the Prize, in case he/ she fails to clear all outstanding dues payable to Vodafone Essar and / or is not an Valid Subscriber of Vodafone Essar on the date of claiming the Prize. 46. Any and all disputes, controversies and conflicts ( Disputes ) arising out of the Competition shall be referred for Arbitration to any Officer designated by Organizers. The place of arbitration shall be Mumbai and the language used in the arbitral proceedings shall be English. Subject to the dispute resolution procedure as set out hereinabove, the Courts at Mumbai shall have the exclusive jurisdiction.