TERMS AND CONDITIONS OF RADIO MIRCHI Renault Mirchi Navratri Contest

Transcription

1 TERMS AND CONDITIONS OF RADIO MIRCHI Renault Mirchi Navratri Contest Renault Mirchi Navratri contest is a digital contest on Radio Mirchi Facebook & Twitter pages for a period of October 2, 2016 to October 7, 2016 where people of Gujrat specifically Ahmedabad, Surat and Rajkot will get a chance to win a Brand New Renault Kwid on October 10, 2016 at the Venue in each city. The Venue list is 1. Aman Akash party Hall Ahmedabad, 2. Seasons Hotel Lawn, Rajkot 3. The Grand Bhagwati, Surat. 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 Delhi and broadcast/airs under its brand name Radio Mirchi. (hereinafter referred to as ENIL/Radio Mirchi ). By reading these Contest terms and conditions AND participating in the Renault Mirchi Navratri contest (hereinafter referred to as the Contest ) you irrevocably and unconditionally accept the same and you undertake to be bound by all the conditions contained therein without any contestation and/or demur. To add participation in the contest will be construed as an acknowledgement and acceptance of the Terms and Conditions set out herein and you further agree to be bound by the Terms and Conditions stated herein. The Contest and the Prize (described below) is promoted and sponsored by Entertainment Network India Limited having its corporate office at Office at Matulya Centre, 4th Floor, Wing A, Lower Parel (West), Mumbai ENIL has a footprint inter alia in Delhi 1

2 and broadcast/airs under its brand name Radio Mirchi. (hereinafter referred to as ENIL/Radio Mirchi ). Besides the terms and conditions contained herein you shall be bound by the terms and conditions put up by ENIL on it s website viz: Please click on link/url below and carefully read the terms and conditions which are applicable separately to each Participant. A. CONTEST TERMS AND CONDITIONS 4. The Contest shall commence from October 02, 2016 and will be closed on October 07, 2016, 5. The participants in the Renault Mirchi Navratri Contest have to upload their selfie with the Renault KWID displayed at the Venues in Ahmedabad, Rajkot and Surat. The selfie will be uploaded on Radio Mirchi s Facebook or Twitter page. The best selfie, as decided by ENIL & Renault will win the contest. 6. All Contestants need to submit their entries to Radio Mirchi s Facebook or Twitter Page from October 2, 2016 to October7, These terms and conditions are available on the Website at the following address: The terms and conditions can be amended or varied from time to time or withdrawn and thereof. It is made abundantly clear that FACEBOOK is not responsible to give prizes or gratification by and under this contest. All Participants acknowledge this contest is in no way associated with or endorsed by Facebook. 7. Mirchi will shortlist the entries and do their background search. 8. Once the contestants are finalized, then Radio Mirchi (ENIL) and Renault India will mutually decide the winner on the basis of the participant s selfie. 2

3 9. Then the winner will be announced and the car keys will be handed over on October 10, 2016 at the Venue Aman Akash party Hall Ahmedabad, Seasons Hotel Lawn, Rajkot and The Grand Bhagwati, Surat. 10. Prize means will there be one car winner for each venue A Renault Kwid Car 800 cc Std. Model City Ex showroom Price Ahmedabad 2,76,873 Rajkot 2,76,873 Surat 2,80,673 The Prize shall be handed over subject to the following additional biding terms ENIL will not guarantee warranty and merchantability of the vehicle. The Winner undertakes to pay without any demur Gift tax i.e. 30% of the exshowroom price Kwid 800 cc Std. Model before the official announcement that happens on October 10, 2016 at the respective venues in Ahmedabad, Surat and Rajkot. This amount will be paid by DD to ENIL along with copy of PAN CARD This shall be the condition precedent without which the Prize shall not be handed over. The winner undertakes to pay the differential amount of ex showroom and On road price of the car directly to the dealer post which the dealer will register the car on the winner s name. For the Winner to be authorised by ENIL/Mirchi to drive the Vehicle; the Winner must hold a full clean current driving licence and will need to produce the licence on request by Mirchi Winner will have to comply with any RTO formalities including payment of Road Tax or any other tax /cess or levy in respect of the Prize. Winner will be responsible to fill fuel and purchase of any accessories. Mirchi does not guarantee the colour of the prize and will be subject to availability. Winner wil not be given any colour preference. Additional insurance, options and all other ancillary costs are the responsibility of the winner The responsibility of registration of the Prize vehicle shall be that of the Winner 11. The name of the Prize Winner of the Contest shall be confirmed and posted on the Radio Mirchi Facebook or Twitter page and announced on Air on or before October 10,

4 12. If the Prize Winner is disqualified for any reason, such as being found ineligible, finding that their declared work is not correct or failing to comply with these Terms and Conditions, then the next eligible Finalists will receive the Prize by following the aforementioned procedure. ENIL and its agents, affiliates and representatives will use their best efforts to contact the Finalists, but will not be responsible or liable in any way whatsoever if the Finalists cannot be reached by telephone or do not visit ENIL office as stated above at the informed time and date. It is agreed that all the Finalists have to present a valid identification with proof of (i) age, (ii) ownership of the phone/cellphone number provided by him/her while registering entry for the Contest and (iii) his/ her residential address to ENIL or its designated representative in order to claim the said Prize. Failure to complete and sign any documents requested by ENIL may result in disqualification and selection of an alternate Winner. All decisions of ENIL are final in this regard. No responsibility can be accepted for entries not received for whatever reason. 11. The Prize is non-transferable and may not be given, assigned or sold to another person/entity. 12. Prize cannot be exchanged for cash or any other alternatives 13. In order to enable ENIL to correctly identify genuine claims and to eliminate nongenuine, deceitful or fraudulent claims, evidence of Contest entry must be made available if requested for the checking of such claim. In addition, ENIL reserves the right to request proof of identity, age and address in the form of your passport or driving licence, pan card and proof of your address in the form of a utility bill. ENIL may also carry out an interview in order to validate such claims 14. The Participants by providing the aforesaid personal information hereby agree that ENIL shall have the right to share the information so collected with such other third party and ENIL as required for the purpose of the Contest and hereby agreed that they shall not file any claim against ENIL for sharing of such personal information. 15. Mere participation in the Contest does not entitle the Participant to win a Prize. B. Terms & Conditions for claiming the Prize 1. In addition to the above to claim the prize the Prize Winner must have a valid PAN card which shall be submitted to ENIL on October 8, 2016, As a mandatory 4

5 requirement and as a condition precedent to claim the Prize (described above), the Prize Winner shall give an undertaking in writing to ENIL that he/she shall be solely responsible to pay all taxes, cess, property tax, any levy, VAT, Sales Tax, tax, applicable stamp duty, registration fees, tax of any kind in respect of the Prize described above. The Prize Winner represents and warrants to ENIL that he/she shall be solely responsible to execute documents/agreements with ENIL in respect of the Prize. 2. ENIL at its sole discretion may require the Prize winner to submit any other document to verify the eligibility for this Contest. 3. While accepting the Prize, the Prizewinner may be required to sign an indemnity and release of claims form provided by ENIL, as the case may be, which shall release ENIL of all liability in connection with the Contest and the Prize. Failure to complete and sign any documents requested by ENIL may result in disqualification and selection of an alternate Prizewinner. All decisions of ENIL are final in this regard. C. GENERAL TERMS AND CONDITIONS 1. Participants must be citizens of India and The Participant/s shall need to be permanent or current residents of Gujrat only. Residents of other countries and non-citizens of India are not eligible to participate ( Participant/You/you ).. 2. The Participants must have attained the age of eighteen (18) years to participate in the Contest. The Participants should not have/have had any criminal conviction or trial. Persons must enter the Contest on their own behalf, entry by proxy is not allowed. The Prize Winner of the Contest found to be participating the Contest again in different name will be disqualified from participating or receiving prize, as the case may be. 3. Employees, agents and promoters (including their immediate family members) of the Organizer and their divisions, affiliates and subsidiaries and Entertainment Network (I) Ltd., Times Infotainment Media Ltd., Times Innovative Media Ltd., Bennett, Coleman & Company Limited, Renault India and /or its agencies and its 5

6 subsidiary or associated companies, or their relatives, and others associated with the Contest in any manner, are not eligible to participate in the Contest. 4. By participating in the Contest, each Participant agrees to follow these Terms and Conditions and to be bound by any decisions made by ENIL in its sole discretion, including any interpretations of these Terms and Conditions. 5. The participation of the Participants, Finalists and Winner in the Contest shall mean that they have read, understood, accepted and agrees to abide with all the rules including the general rules of the Contest. 6. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the operation of the SMS system, telephone system or the validity of any reason / voting etc., the decision of ENIL shall be final and binding on the Participants / the Prize Winner. 7. All expenses in connection with the Prize, if applicable, including without limitation insurance, incidental costs, taxes, service tax, VAT, stamp duty, tds, any levy any tax, registration fees, travel expense/costs shall be solely borne by the Prize Winner which the Prize Winner accepts without any demur or objection. 8. ENIL and its divisions, affiliates and subsidiaries, and their respective agents and representatives, are not responsible for any loss of entries for any reason whatsoever including, due to any technical problems caused for entries received after the deadline as a consequence of internet services or computer service delays, interruptions, failures or overloads, or for lost, misdirected or misplaced entries. Entries are void if unreadable, inaccurate, incomplete, damaged, tampered with, falsified, mechanically reproduced, irregular in any way or otherwise not in compliance with these Terms and Conditions. 6

7 9. The cellular number will be used to identify the Participant/Winner as a unique identification number. The provided cellular number must be allotted solely in the name of the Participant/Winner. 10. ENIL reserves its right to declare the Winner/s, if no Participant has submitted a valid and correct entry or ENIL has not received sufficient correct entries. Decision of ENIL in all matters pertaining to the Contest is final and no correspondence in this regard will be entertained by ENIL. 11. ENIL has the right to change the Terms and Conditions for the Contest at any time. The Participant is bound by any such revisions and should therefore periodically visit the Website to review the then current Terms and Conditions to which the Participant is bound. 12. ENIL shall not be responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided in the Contest is provided "As is" without warranty of any kind. ENIL makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Participant and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose. ENIL shall not be responsible for any claims with regard to warranty of the Prize. 13. Under no circumstance, unless due to willful misconduct or gross negligence, shall ENIL and its affiliates/subsidiaries/parent company, their respective directors, employees, officers, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Participant specifically or Winner/s agrees not to file in person/through any family member and/or any third party any applications, suit, any criminal and/or civil proceedings in any courts or forum or tribunal situated in India against ENIL and its affiliates/subsidiaries/parent company and their respective directors, employees, officers, affiliates or subsidiaries to claim any damages or any reliefs in connection with the Contest. 7

8 14. By entering into the Contest by accepting these Terms and Conditions, the Prize Winner waives all copyrights, rights of publicity and any related rights and consents to ENIL s right to photograph, selfie, picture, tape or portray him/her as a Contest Winner, and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio, print and digital media, without any compensation whatsoever for advertising and publicity purposes. The Prize Winner also consent to ENIL s right to use his/her name, voice or picture, or the content of his/her Contest entry (collectively, the Publicity Rights ). 15. Participants including the Prize Winner release ENIL and its respective divisions, affiliates, subsidiaries, branches, directors, officers, employees and agents, as well as all others associated with the development and execution of this Contest, from and against any and all liability with respect to or in any way arising from this Contest and the awarding and use, misuse, non delivery of Prize by the Organizer or possession of the Prize. 16. ENIL has the right to amend (add, delete or modify) the Terms and Condition governing the Contest, prospectively or retrospectively, at its discretion and without prior notice. 17. You undertake and irrevocable and unconditionally permit ENIL/Radio Mirchi to cover the contest 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 ENIL reserves the right to terminate the Contest at any time without prior notice. The decisions of ENIL and its representatives shall be final and binding on all aspects of the Contest. 19. The Participants, Finalists, Winner(s) of the Contest hereby indemnifies and agrees to indemnify and hold harmless ENIL, Radio Mirchi, its employees, officers or 8

9 any other person in relation to the same with regard to any injury/damage/harm/loss suffered by him/her/them in any manner, whatsoever, in connection with the prize and that the Prize Winner waives his/her/their right to file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the parties mentioned above and/or any parties related to the Contest to claim any damages or reliefs or otherwise. 20. ENIL/Radio Mirchi is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Prize Winner and/or Companion(s) in any manner whatsoever, including but not limited to the Contest and/or Prize 21. The Participants, Finalists, Winner(s) of the Contest will abide to all the laws applicable in India. ENIL/Radio Mirchi will not be liable for non-compliance of any laws by Participants, Finalists, Winner(s) of the Contest and they hereby indemnify and hold harmless the Company and Radio Mirchi in relation thereto. 22. ENIL is empowered to take a decision on any case not covered under these Terms and Conditions. 23. The Contest shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai only. The contest is void where prohibited by law. 24. A copy of these Terms and Conditions are being made available on the website Additionally, a printed copy is available at the front office of Radio Mirchi at Times Business Center, Plot No 6 Sector 16A Film City Noida DISCLAIMER 9

10 a. ENIL excludes all liability whatever for any costs, expenses, damages, liability, injury or disappointment suffered by you arising out of or in any way connected with the Contest b. ENIL 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 unforeseen circumstances or circumstances beyond its reasonable control. c. You unconditionally agree that ENIL/Radio Mirchi is also not responsible in case the Organize (Sponsor of the Prize) withdraws from the sponsorship of the Contest or for any other reason whatsoever. d. You unconditionally and irrevocably agree that the delivery of the Prize (described above) shall solely rest with the Organizer/Sponsor of the Prize and under no circumstances howsoever or whatsoever shall ENIL and/or its directors/employees be liable for the same. e. You unconditionally and irrevocably agree that ENIL is not responsible for any warranty as regards the size, description, value, area of the Prize in question and it is the sole responsibly of the Organizer/Sponsor. You shall not raise any claim in any law or equity (in tort or otherwise) against ENIL in this regards. You unconditionally and irrevocably agree that ENIL shall not be responsible and/or liable to the Prize Winner or any Participant as regards the date of possession of the Prize in question or handing over of Prize which is still under construction. You agree that ENIL is not responsible for giving you physical possession of the Prize at any time or place. f. All Participants release from, and indemnify ENIL against, all liability, cost, loss or expense arising out of acceptance of Prize or participation in the Contest due to some negligent act or omission or otherwise. ENIL/Radio Mirchi is not responsible for lost, interrupted communications or unavailable network server or other connections, failed 10

11 telephone, mid-delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic. g. ENIL/Radio Mirchi shall have no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alterations of entries, and reserves the right to take any action that may be available. If for any reason this Contest is not capable of running as planned, due to causes including, but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of ENIL/Radio Mirchi which corrupt or affect the administration security, fairness, integrity or proper conduct of this Contest, ENIL/Radio Mirchi reserves the right in its sole discretion, to the fullest extent permitted by law, to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the Contest h. By entering the Contest Participants agree and prize winner further agrees to release, discharge, indemnify and hold harmless ENIL/Radio Mirchi/ Renault, Facebook from and against any and all direct losses and third party claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting or arising, in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize or participation in the Contest or any Contest related activity i. The failure of ENIL /Radio Mirchi to comply with any provision of this Contest due to an act of God, hurricane, war, fire, riot, earthquake, act of terrorism, act of public enemies, actions by governmental authorities outside the control of ENIL /Radio Mirchi or other force majeure event will not be considered a breach of these Contest Terms and Conditions. 11