Terms and Conditions

Transcription

1 Terms and Conditions Entertainment Network (India) Limited (hereinafter referred to as ENIL), is a Company incorporated under the Companies Act, 1956, having its Registered Office at Matulya Centre, 4th Floor, Wing A, Lower Parel (West), Mumbai ENIL has a footprint inter alia in Mumbai and broadcast/airs under its brand name Radio Mirchi. (hereinafter referred to as ENIL/Radio Mirchi ). By reading this terms and conditions AND participating in the MIRCHI TAMBOLA Contest/Activity (hereinafter referred to as the Contest/Activity ) you irrevocably and unconditionally accept the same and you undertake to be bound by all the conditions contained therein without any kind of contestation and/or demur. The Contest/Activity shall be known as MIRCHI MUSICAL TAMBOLA and shall commence at ENIL s radio station/s at Noida, from 10 th October 2011 for 30 days, (both days inclusive) between 6 p.m. up to 7 p.m. only ( Period of the Contest/Activity ), and is subject to the terms and conditions herein. (PLEASE DESCRIBE AND FILL DETAILS PROPERLY, HOW MANY CITIES ETC) 1. Participant s Eligibility a. Entry is strictly open only to Adults who are Indian citizens on the date of commencement of the Contest ( Participant/You/you ). b. Entry is strictly open for residents of Delhi / NCR. c. The Contest is not open to employees/officers of ENIL/Radio Mirchi and its group companies including but not limited to BCCL. d. ENIL reserves the right to verify the eligibility of all participants. e. You represent that you are legally competent to enter into and form binding contracts under applicable laws. f. If and when required you agree without any demur to provide complete and correct information in respect of your identity, contact details, id, PAN No. telephone number, age, and complete postal/correspondence address 2. The Concept of Contest/Activity

2 Listeners will be given a chance to win cash prizes by playing mirchi musical tambola We will ask listeners to sms on a particular number and tambola ticket will be sent to them through sms, every tambola ticket will have a unique ticket number. Each ticket will consist of a list of 6 songs. Listeners will have to tune in for that one hour and with each song which plays on air they can tick off a song in their sms, and have a chance of winning prizes depending on the number of songs ticket off 3. Mode of Participation, Entries and stages of Contest/Activity a. You can participate in the Contest/Activity through SMS on no _ _& at various stages. You are requested to examine/check the applicable tariff for sending these SMS and the calling charges for the same. Further the Contest/Activity is open only to the subscribers who have valid mobile connections To participate you have to send the SMS in the following specified format namely: To buy tickets - SMS Mirchi (SPACE) and name & send it to to _ To claim prizes - VOTE <space> your name and send it to c. To get tickets sms Mirchi <space> your name and send it to , you will get a ticket with songs in it With each song which plays on air you can tick off a song in your sms. Prize categories Top 2 (once you tick off any 2 songs out of the 6 songs in your ticket) you stand a chance to win prizes and/or Rs 2000/- after answering a skill based question Top 4 (once you tick off any 4 songs out of the 6 songs in your ticket) - you stand a chance to win prizes and/or Rs 3000/- after answering a skill based question Full House (once you tick off all 6 songs in your ticket) you stand a chance to win prizes and / or Rs 10000/- after answering a skill based question Moment a listener has a Top 2, Top 4 or a full house they can sms their name and ticket number to us on sms VOTE <space> your name and send it to d. In no case shall the ENIL, Radio Jockey (RJ), or Radio Mirchi will be held responsible for any dispute between yourself and the service provider (Mobile Company) regarding tariff rate or otherwise. Sending of SMS entries to & constitutes acceptance to the Terms and Conditions of the Contest

3 3. Winners and Prizes a. Radio Mirchi / ENIL would announce the Winners on Radio Mirchi 98.3F.M. at ENIL s radio station at Delhi. b. WHAT WILL BE THE PRIZE.(PLEASE DESCRIBE) and who will be declared as winner, By when the winner will be announced and how will it be communicated. Top 2 (once you tick off any 2 songs out of the 6 songs in your ticket) you stand a chance to win prizes and/or Rs 2000/- after answering a skill based question Top 4 (once you tick off any 4 songs out of the 6 songs in your ticket) - you stand a chance to win prizes and/or Rs 3000/- after answering a skill based question Full House (once you tick off all 6 songs in your ticket) you stand a chance to win prizes and / or Rs 10000/- after answering a skill based question Winners will be announced before the end of the show on best effort basis and will be contact over the mobile phone used to get the tickets. To claim prizes winners need to provide their identity proof c..prizes is non-transferable and non substitutable and subject to Taxes, if applicable. e. In case the prize/prizes is/are unclaimed by the winner within the stipulated period, the winner automatically surrenders his/ her right to the prize and shall not have any claim, thereafter and in such an event, ENIL /Radio Mirchi reserves its right to transfer the prize to the next winner chosen in the same contest. f. ENIL shall provide the Prize as is basis and without any warranty or guarantee concerning the quality, suitability or merchantability of any Prize and ENIL or its management, directors, officers, agents, representatives, shall not be responsible for or liable for deficiency and/or defect of any product/service given as the Prize or any kind of consequential damages/loss, in any manner whatsoever. g. The Participant/You acknowledge, agree and understand that this is a promotion activity and no consideration/monies shall be payable to Participant/you. The Prize can not be exchanged/ redeemed for cash or any other non-monetary consideration.

4 h. The decision of ENIL shall be final and binding upon you and the same is noncontestable by you in any manner whatsoever. Other Terms and conditions 1. Each Participant/Contestant represent that she is legally competent to enter into and form binding contracts under applicable laws. By taking part and/or entering into the Contest you hereby warrant that you shall submit to ENIL all information that is true, correct, accurate and complete regarding your Name, Address, Phone number, age, husbands consent etc, if required by ENIL 2. Only one entry per Participant, per contest is permitted. Multiple entries will result in disqualification of the Participant for the Contest/Activity 3. The Winners shall also be intimated by an announcement onair or verbally over the telephone. The decision of the Management of ENIL is final and no correspondence or any other claims whatsoever, in this regard will be entertained. The Prize cannot be exchanged and is not transferable. 4. All right, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all entries received shall vest solely and exclusively with ENIL at all times. ENIL/Radio Mirchi shall be entitled to use the entries received, or any information in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and /or payment to the Participant. 5. ENIL reserves the right to change, defer, alter or cancel this Contest/Activity in part or full, or change any or all of the terms and conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Decision of ENIL in this regard and in general with respect to this Contest/Activity and the Terms & Conditions thereto shall be final, binding and noncontestable. 6. By taking part in this Contest each Participant agrees to accept all the terms and conditions stated herein and any other provisions /conditions imposed by ENIL or Sponsors or Business Associates. 7. None of the provisions of these terms and conditions shall be deemed to constitute a partnership or agency between the Participant and ENIL and the Participant shall have no authority to bind ENIL in any manner whatsoever.

5 8. ENIL/Radio Mirchi or any of its officers/employees/directors shall not be responsible for delayed, lost, or illegible entries. 9. ENIL shall under no circumstances be liable for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of accepting any prize. 10. Any Participant/Contestant who enters the contest releases from and indemnifies Radio Mirchi and/or any of its officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the prize or participation in the contest including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise. 11. ENIL/Radio Mirchi accepts no liability for any errors or omissions, whether on behalf of itself or third parties. 12. ENIL/Radio Mirchi shall not be liable to perform any of its obligations under the contest or in respect of the prize where it is unable to do so as a result of circumstances beyond its control in the nature of fire, explosions, natural calamities, State Emergency, riots, or any Force majeure condition etc. and shall not be liable to compensate you in any such circumstances. Radio Mirchi cannot and shall not be accountable / liable for any disruptions / stoppages / interruptions or cancellation of the contest due to any government restrictions. 13. ENIL/Radio Mirchi and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for any late, lost, misrouted, garbled or distorted or damaged transmissions or entries or for any mistake/ errors in radio broadcast/jock talks/producer talks associated with the Contest/Activity. 14. You shall be solely responsible for any consequences which may arise due to your taking part in the contest, conducting an illegal act and also undertake to indemnify ENIL/Radio Mirchi and its officers, directors, employees etc on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis. 15. The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies. 16. Travel to collect prize and all other expenses, costs or taxes relating to the contest shall be the sole responsibility of the Participants.

6 17. You undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Radio Mirchi, its business, personnel, servants, agents or officers to anyone. 18. Participants must enter the Contest on their own behalf, entry by proxy is not allowed 19. ENIL/Radio Mirchi accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. Radio Mirchi is a mere broadcaster has no control over communications networks or lines and none of them accepts any responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. Radio Mirchi shall not liable for any consequences of user error including (without limitation) costs incurred. 20. If you are dissatisfied with the Web Site, the contest or the contest rules and/or any content or any requirements of the contest, the materials available on it, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Web Site or not to participate in the contest. 21. In consideration of Radio Mirchi allowing you to take part in the Contest/Activity you waive and release each and every right or claim, all actions, causes of actions (present or future) you have or may have against ENIL/Radio Mirchi, its agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Contest /Activity or related to the Contest/Activity or the Prize of the Contest/Activity. 22. You undertake and irrevocable and unconditionally permit Radio Mirchi to cover the Contest/Activity through various media including newspapers, radio television news channels, internet, mediums etc and shall not raise and objection, protest or demur to such coverage or in this regards To the fullest extent permitted by law, in no event will Radio Mirchi/ENIL or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that ENIL/Radio Mirchi may engage for purposes of the Contest), be liable for any loss or damages(including without limitation loss of income,

7 profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Contest and/or the prize, even if ENIL/Radio Mirchi has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. Each Participant/you shall indemnify, defend, and hold ENIL/Radio Mirchi, harmless from any third party/entity/organization claims arising from or related to his/her participation in the Contest. In no event shall ENIL/Radio Mirchi be liable to the participant for acts or omissions arising out of or related to the Contest or participation in the Contest. 24. The General terms and conditions, privacy policy of the website shall be applicable in addition to these terms and conditions. 25. All response mechanisms depend on performance of third parties; ENIL does not take any responsibility of failures occurring with the same. 26. If for any reason any aspect of this Contest/Activity is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of ENIL which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, ENIL may in its sole discretion cancel, terminate, modify or suspend the promotion, or invalidate any affected entries. 27. The Courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Contest. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.