Offer: Pay using Paytm at Top Food Outlets & win Rs.1000/- cashback

Transcription

1 Offer: Pay using Paytm at Top Food Outlets & win Rs.1000/- cashback Part A Terms and Conditions (T&C): This offer is sponsored, organized and administered by One97 Communications Limited, a Company having its registered office at 1 st Floor, Devika Tower, Nehru Place, New Delhi and corporate office at B-121, Sector 5, NOIDA, Uttar Pradesh , India (hereinafter referred to as Paytm ) having website located at URL and Paytm mobile application, Paytm IVR and Paytm WAP (hereinafter referred to as Platform or Paytm Platform ). By participating in this offer, You (hereinafter referred to as Participant(s) agree to be legally bound by and abide by the Terms & Conditions stated herein (T&C). 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, please do not participate in this offer. Paytm reserves the right to amend, modify, change, add or terminate these T&C or discontinue this offer without any further notice. Paytm shall be providing INR 1000 cashback under the offer (hereinafter Cashback/Offer ), to 100 lucky draw winner(s) who shall be chosen by Paytm from all the Participants during the Offer Period (defined below). 100 lucky winners get a chance to win Rs.1000/- each as Cashback by paying using Paytm at food outlets This Offer is valid from 1st August, 2018 at 00:00:01 hours till 31st August, 2018 at 23:59:59 hours hereinafter referred to as Offer Period. The Offer is valid only for 100 lucky draw winner(s) who have fulfilled the eligibility criteria for the Offer and chosen by the Paytm as mentioned herein under the T&C Paytm shall have the sole discretion to decide on all matters connected with the Offer and the selection of the 100 lucky draw winners and same shall be binding on Participant(s); and shall not be challenged in any manner by any Participant(s). Offer is being made purely on a "best effort" basis and is valid during Offer Period only. Making more payments and mere participation during the Offer Period does not entitle a Participant to be chosen as the lucky draw winner or for the Offer. Paytm reserves the right to extend, amend, modify, alter, annul, add or discontinue, withdraw or cease or suspend (either permanently or temporarily) this Offer or any part thereof including the eligibility criteria, the T&C at their sole discretion at any time without any prior notice and/ or any obligation and /or any liability whatsoever. The Offer may not be made instantaneously. The lucky draw winners will be selected at the end of the Offer Period i.e., 31st August The Cashback will be credited to the lucky draw winners Paytm Wallet by 1st week of September This Offer can neither be exchanged with cash nor can be used for any other purpose. This offer does not apply to any other destinations other than as defined herein. This Offer shall not be clubbed/used in conjunction/alongside any prevailing offer/ promotion(s) available on Paytm Platform. Further this Offer is non-transferable, non-encashable, non-refundable. 1

2 Eligibility: The participation in the Offer is open only for the Indian citizens of 18 years of age or above, provided they are Paytm registered users in India and have Paytm KYC verified account (as per RBI guidelines) and verified mobile numbers on Paytm. THE PARTICIPANTS SHALL NOT BE ENTITLED TO PARTICIPATE IN THIS OFFER WHEREVER THE OFFER IS DECLARED INVALID OR ILLEGAL BY THE COURT OF COMPETENT JURISDICTION OR APPLICABLE LAW, AND THE OFFER SHALL NOT BE APPLICABLE AND /OR STANDS WITHDRAWN FORTHWITH IN SUCH JURISDICTION. Employees of Paytm (including their family members) and of their group companies, affiliate or associate companies, shall not be eligible to participate under this Offer. Where it comes to the knowledge of Paytm that any employee of Paytm or their family members have received or participated in the Offer, Paytm reserves the right to forfeit and/ or cancel the Offer. To be eligible for the Offer the Participant needs to make three successful payment transactions at the selected food outlets registered with Paytm using mobile number/qr code, of minimum INR 50 (Indian National Rupees fifty Only) each during the Offer Period. Winner Selection: Out of all the Participants, 100 lucky winners will be selected on random basis at the end of the contest period i.e. 31st August Each participant is eligible to win only once during the contest period. Making more payments does not guarantee winning the prize. Prize/Gratification: 100 lucky winners will get Cashback of Rs. 1000/- each. Cashback will be automatically credited to winner s Paytm Wallet by 1st week of September. The participants selected as winners will be notified through /push notifications/sms provided the participants are registered with Paytm. A communication will be sent to only those Participants who have won in the Contest Part B Legal Terms & Conditions: This Offer shall not be available to persons residing in any state/union territory of India, wherever such activity is prohibited by Law. By participating in this Offer, The Participants hereby irrevocably authorize Paytm and its owners, affiliates, subsidiaries, associates and grants a royalty-free and perpetual right to use as per Paytm s discretion any and all data gathered during and/or after the Offer in respect of the Participant (including but not limited to name and photograph and other personal details) for the purpose of this Offer and or in any of its communications including marketing promotions along with or without Paytm s brand and advertisements, social media, Paytm Platform or any other public domain. Participants hereby consent to the information being shared by Paytm with its affiliates and service providers in order to fulfill the Offer Participant/s confirms and hereby waives 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 offers from Paytm. 2

3 Participant(s) acknowledge and agree that all the right title and interest in and to any or all copyright and trademarks and all other intellectual property rights in the Paytm Platform, App content, all its associated website linked with Paytm Platform, and all material or content related to the Offer and or Paytm Platform shall, at all times, be owned by and vested with Paytm and/or their respective owners including PaytmMall. All material and content contained in Paytm Platform is made available for Participant's personal and noncommercial use only. Any other use of the material/ content on Paytm Platform and/ or any information disseminated by SMS or any other means of communication are strictly prohibited. By participating in this Offer, Participant(s) have given us the right to use Participant s name, photograph and other personal details for the purpose of this campaign including announcing your name as eligible participant on social media, Paytm Platform, or in any other public domain. Subject to any applicable law (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/offer, delay in sending or receiving the SMS or any other communication for participating in the Offer, delay in time taken for the process, or the delivery, quality, quantity, merchantability, fitness for use or a particular purpose or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Offer or any transactions effected through the Offer; (b) the Participant expressly agree that participation in the offer is at his/her sole risk and discretion 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 Paytm Platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind whatsoever. Paytm does not make any commitment or warranty, express or implied to respond to any feedback, suggestion and/or queries of the Participant(s). The Offer to the lucky winner shall be given subject to compliance with all applicable statutory legislations and laws, processes and formalities in connection with the Offer and on production of all such documents/papers as may be required by Paytm. Any failure on the part of the Participant(s) to comply with directions issued by Paytm for Offer shall entitle Paytm to forfeit the Offer or roll the Offer over to the next eligible Participants(s), at their sole discretion. Any Participant(s) not having a verified KYC account or providing incorrect information or concealing/withholding any information from Paytm with intent to avail the Offer will automatically be disqualified from participating in Offer and being chosen for the Offer or any other offer or Cashback. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, domicile, contact number etc. by the Participant(s) or dispute with Paytm Platform shall entitle Paytm to disqualify the Participant from participating in the Offer without any further intimation or notice. The Participant(s) shall indemnify and keep indemnified Paytm and their officers, directors, employees, customers, affiliates and agents 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 may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the Participant(s) under the Offer and its T&C hereunder, any failure by the Participant(s) to comply with applicable law and any third party claim in respect of misuse of any information of a third party. Paytm shall have the right to defend themselves, pursuant to this Clause, at the cost of the Participant(s). Paytm or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or 3

4 consequential damages, including loss of profits, incurred by the Participant(s) or any third party, in connection with the Offer. Paytm or its affiliates or associates or agents shall not be responsible or liable to Participants, lucky draw winners or any third party, for any direct and or indirect losses, damages or claims of whatsoever nature including (1) incidental, special, punitive or consequential damages, loss of profits, technical errors or failures, mobile connectivity, delay in sending or receiving the SMS or any other communication to the Participants, or any action that has been initiated, actioned or completed through Participants mobile phones, failure of servers or the failure to provide the updates or any failures arising out of technical snags or inability of the Participant to listen or observe the Offer or T&C, or (2) any personal loss or injury that may be suffered (including loss of life) by a Participant(s) and/or any third party, directly or indirectly, by use or non-use of the Offer or Paytm Platform or Product purchased or booked through Paytm Platform. All incidental costs, taxes or levies related to the Offer, if any, shall be exclusively borne by the Participants(s), including but not limited to TDS, gift tax (if any), insurance and any other taxes applicable by the Central, State or Municipal government. This Offer is subject to force majeure circumstances including without limitation, floods, natural disasters, war, and act of terror, political unrests, technical snags, act of God, change of laws or technical errors or failure or any circumstance beyond the control of Paytm ( Force Majeure Event ). Paytm shall not be liable for any delay or adverse effect or failure or breach or damages or act or omission caused to this Offer or Participant(s) as a result of a Force Majeure Event. Where practicable, Paytm may intimate the suspension of the Offer caused as a result of such Force Majeure Event to the Participant(s) within reasonable time. Failure by Paytm to enforce any of its rights at any stage does not constitute a waiver of those rights. Paytm may assign any of its rights hereunder to any party without prior intimation to Participant(s). Participant(s) shall not assign any of its right or obligations hereunder to any other party. Apart from the Offer, the Participants or their legal heirs/ successors/ representative shall have no other rights or claims against Paytm, its owners and affiliates. Paytm s liability in contract, tort or otherwise (including negligence) howsoever arising out of or in connection the Offer shall not in any manner exceed, in total, regardless of the number of claims, in respect of all matters, a maximum of INR Paytm reserve the right to forfeit the Offer or to disqualify or to declare any Participant ineligible, in the event of failure or breach or non-adherence to the T&C by the Participant. Paytm is only an intermediary (as defined under the Information Technology Act, 2000 and the Rules thereunder) and facilitator and not the actual Product provider/service provider and such responsibility is of individual merchants/sellers. These T&C of the Offer are the extension of Paytm policies/terms and conditions and Paytm Wallet T&C, mentioned on the Paytm Platform. In case of any conflict, these T&C shall prevail. This Offer is subject to guidelines/ directions issued by any competent authority from time to time. Paytm reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Offer or any part thereof including the eligibility criteria, the T&C 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(s). 4

5 Any dispute arising out of the Offer and or the T&C shall be attempted to be resolved amicably through negotiations with the Paytm representative. In the event amicable settlement fails, such dispute shall be referred to mediation, the venue of mediation shall be at Delhi. The Offer and the T&C are subject to Indian laws and the exclusive jurisdiction of the Courts in Delhi. 21.All expenses concerning taxes including GST charges shall be over and above the Offer, and shall be borne by the winner. 22.Paytm has the sole authority concerning the interpretation of these T&Cs. In addition, any cancellation, standard booking and privacy policy terms as provided on the Paytm platform shall apply. 5