TERMS AND CONDITIONS FOR THE VODAFONE WAP COMPETITION PACK

Transcription

1 TERMS AND CONDITIONS FOR THE VODAFONE WAP COMPETITION PACK PLEASE READ THESE TERMS CAREFULLY BEFORE SUBSCRIBING to the VODAFONE WAP COMPETITION PACK. BY PROCEEDING WITH REGISTRATION/SUBSCRIPTION TO THE VODAFONE WAP COMPETITION PACK, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT SUBSCRIBE TO THE VODAFONE WAPCOMPETITION PACK. TERMS: The Vodafone WAP Competition Pack is hosted by OnMobile Global Ltd., a company having its office at No 26, Bannerghatta Road, J.P. Nagar 3rd phase, Bangalore ( OnMobile ) in association with, Vodafone Mobile Services Limited, Vodafone West Limited, Vodafone East Limited, Vodafone South Limited, Vodafone Digilink Limited, Vodafone Cellular Limited and Vodafone Spacetel Limited (hereinafter referred to as Vodafone India ) (jointly referred to as Organizers )and the pack is open for subscription for the pre-paid as well as post-paid category of Vodafone cellular subscribers 1 of the following circles. Subscription to this pack is valid from 16 th March 2012 to 16 th March Once the Subscriber has subscribed to the Vodafone WAP Competition Pack, he/she will be allowed to participate in any Vodafone competition that may be launched as part of this WAP Competition Pack. Sl.No. Circle Zone 1 AP South 2 ASSAM East 3 NE East 4 BIHAR East 5 DELHI North 6 GUJARAT West 7 HARYANA North 8 KARNATAKA South 9 KERALA South 10 KOLKATA East 11 MAHARASTRA West 12 MP West 13 MUMBAI West 14 ORISSA East 15 PUNJAB North 16 HP North 1 Subscriber shall mean the rightful user of the connection, in whose name the mobile phone number (MSISDN) is registered with the operator. In the event the user number / connection is registered in the name of a company/ firm, the employee who is authorized to use the phone shall submit a No Objection Certificate (NoC) and authorization of the employer duly permitting the employee to use the number for participation in the Competition, receive the prizes and accept the terms applicable for the Competition.

2 17 RAJASTHAN West 18 UPE North 19 UPW North 20 WB East A Subscriber, by subscribing to the Vodafone WAP Competition Pack, hereby agrees to the Terms and Conditions mentioned below and gives his/her consent to the Terms and Conditions of any competition that may be launched as part of this Pack. Also, by subscribing to this Pack, you, the Subscriber: Warrant that you have read understood and agreed to conform to these Terms and Conditions. Warrant the accuracy, truthfulness and currency of all information that you have submitted. These Terms and Conditions are available on the website at the following address: Procedure and Eligibility for subscription: 1. The WAP Competition Pack is open for subscription for all active Prepaid and Postpaid Vodafone Subscribers who fulfill the following criteria: Subscriber must be above 18 years of age. Subscriber must be a citizen of India. Subscriber must not be convicted and/or prosecuted for the commission of any criminal offence. Subscriber must not be under any legal disability e.g. insolvency, restraint by Court Order etc. nor be of an unsound mind. 2. To subscribe to the Vodafone WAP Competition Pack: a) The Vodafone Subscribers have to click on the link Alternatively the subscriber can send SMS KHEL to 111/144, dial *567*969# USSD string to get the subscription link and click on it. Subscription to the WAP Competition Pack is without any additional charges other than the normal usage charges. GPRS browsing charges will be applicable as per the subscriber s data plan, for subscriber s subscribing, unsubscribing or playing the competition on WAP.

3 As soon as a subscriber sends a subscription request, he/she will receive an acknowledgement telling him/her that his/her subscription request has been received. Once the subscriber is successfully subscribed to the Vodafone WAP Competition Pack he/she will get an SMS informing about the Competition, prizes to be won and the charges for playing that competition along with the Terms and Conditions URL. All Vodafone WAP Competition Pack members will subject to the Terms and Conditions contained hereby eligible to play all Competitions launched as part of the WAP Competition Pack. All Vodafone WAP Competition Pack members will be charged Rs. 5/- on all Competition days, once they have subscribed to that particular Competition unless the pricing has been revised for a particular competition or for all further Competitions, in which case the price revision will be communicated in advance. If a Vodafone WAP Competition Pack subscriber does not get charged for a day continuously for a period of 30 days the system will automatically deactivate the subscription to the pack. The subscriber will be sent an SMS upon deactivation, which will also inform how the subscriber can subscribe to the pack. If a Vodafone WAP Competition Pack subscriber wants to unsubscribe from this pack then it can be done by sending SMS CAN KHEL to 144/111 or clicking on the WAP link All Vodafone WAP Competition Pack members will be sent regular SMS updates and details about the current and the upcoming competitions. On all Competition days, subscribers will be charged Rs. 5/- through trigger charging and can play the Competition at All Vodafone WAP Competition Pack members will be eligible to play and win the prizes offered in each competition, as will be detailed in the terms and conditions of that respective competition. These prizes may vary from one competition to the next. Vodafone WAP Competition Pack members will not be charged any amount on noncompetition days (after the end of one competition, and before the start of the next competition).

4 b. A Subscriber can subscribe and unsubscribe to the Vodafone WAP Competition Pack multiple times- i.e. if he/she unsubscribes from the Vodafone WAP Competition Pack, he/she can subscribe again, at any time, if he/she wishes to do so. 3. The prizes that the Vodafone WAP Competition Pack members might win, owing solely to his/her membership to the WAP Competition Pack, will be sponsored and distributed by Organizers. These prizes shall be distributed by OnMobile through any means, and at any time, as it may deem fit. Prizes will differ from one competition to the next. These prizes will be mentioned in the individual competition s Terms & Conditions separately. 4. The prize(s)/gift(s) under the Vodafone WAP Competition Pack are neither assignable nor transferable under any circumstances. All the prizes/gifts shall be subject to such other terms and conditions as may be applicable to specific prizes/gifts and shall have to be duly complied with by the winner. 5. By subscribing to the Vodafone WAP Competition Pack, you, the Subscriber confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and you agree to receive updates about current and upcoming competitions from OnMobile/ the Organizers, as they may in their sole and absolute discretion decide. 6. The Subscriber hereby understands and gives his/ her irrevocable consent for personal information relating to the Subscriber to be exchanged with Vodafone, OnMobile and its vendors or published and/or communicated to/in any media that it may deem fit, and Vodafone, OnMobile or its Vendors may, at their sole discretion choose to publish or disclose the name(s), phone number(s), score(s) and/or photographs of all/any Vodafone WAP Competition Pack subscribers/members, if required. 7. You acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content/ WAP/ website and all material or content related to the Vodafone WAP Competition Pack shall remain, at all times, owned by OnMobile/ the Organizers / their respective owners. All material and content contained in this website is made available for your personal and non-commercial 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. 8. All prizes/gifts must be claimed by the winner, along with the documents specified herein below. The documents required to be submitted along with the claim by the winner include the

5 following (the document list is only inclusive and not exhaustive and can change as per the requirements of Law): Identity Proof Address Proof Photocopy of PAN Card Proof of holding the Vodafone telephone connection Letter of Compliance with rules and regulations and declarations in the format as may be required by Organizers. 9. The employees of Vodafone / OnMobile and their group companies, affiliate or associate companies shall not be eligible to win any of the prizes offered in any of the Competitions launched as a part of the WAP Competition Pack. 10. These Terms and Conditions are subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Organizers. 11. The Terms and Conditions stated herein shall be read along with the terms and conditions of the competitions that may be launched as part of the Vodafone WAP Competition Pack. In the event of any discrepancy between these Terms and Conditions and the terms and conditions of any specific competition, the terms and conditions of such competition shall override these Terms and Conditions. 12. These Terms and Conditions are subject to guidelines/ directions issued by the Department of Telecommunications (DoT), Telecom Regulatory Authority of India (TRAI) or any other statutory authority from time to time. 13. The decision of Organizers in respect of all transactions/issues pertaining to the WAP Competition Pack shall be final and binding. 14. Neither Vodafone nor OnMobile shall be responsible for any claims arising out of technical failures before, during, between or after the completion of any competition in the WAP Competition Pack, 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, Organizers shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of Organizers. 15. The Subscriber/member hereby agrees and undertakes not to hold Organizers and/or any of their group entities or affiliates, their respective directors, officers, employees, agents, vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or remote that you may/might have suffered, sustained or incurred, or

6 claim to suffer, sustain or incur, by way of and /or on account of the WAP Competition Pack or any related competitions. 16. Organizers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify any part of the Vodafone WAP Competition Pack or any part thereof including the Terms & Conditions and prizes/gifts 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/member. You are therefore advised to check this website regularly for any update(s) or amendment(s) made to these Terms and Conditions. 17. This competition is being made purely on a best effort basis and subscribing to this pack is voluntary. 18. These Terms & Conditions are subject to Indian Law and the exclusive jurisdiction of the Courts in Mumbai.

7 TERMS AND CONDITIONS JAWAB DO HYUNDAI EON JEETO COMPETITION 1. Jawab Do Hyundai Eon Jeeto Competition (hereinafter referred to as the Competition ) jointly organized by, Vodafone Mobile Services Limited, Vodafone West Limited, Vodafone East Limited, Vodafone South Limited, Vodafone Digilink Limited, Vodafone Cellular Limited and Vodafone Spacetel Limited (hereinafter referred to as Vodafone India ) and OnMobile Global Limited (OnMobile), jointly referred to as Organizers is launched as part of the Vodafone WAP Competition Pack and is valid during the period from 9 th May :00:01 hrs to 7 th July :59:59 hrs (hereinafter referred to as the Competition Period ). Vodafone India reserves the right to extend or shorten the Competition Period, as it deems fit. 2. The Competition is valid for all Valid Subscribers 2 i.e. both prepaid and postpaid of Vodafone India (hereinafter referred to as Subscribers ) residing in India who are above 18 years of age and subject to their acceptance of other eligibility conditions under the Vodafone WAP Competition Pack, in the below given 20 circles* who successfully subscribe for the WAP Competition Pack (hereinafter referred to as Participant ) by following the subscription process mentioned hereunder. Participating in this Competition by Subscribers of the Vodafone WAP Competition Pack is optional. The Competition will be available only in English. Sl.No. *Circle **Zone 1 AP South 2 ASSAM East 3 NE East 4 BIHAR East 5 DELHI North 6 GUJARAT West 7 HARYANA North 8 KARNATAKA South 9 KERALA South 10 KOLKATA East 11 MAHARASTRA West 12 MP West 13 MUMBAI West 14 ORISSA East 15 PUNJAB North 16 HP North 17 RAJASTHAN West 18 UPE North 2 Valid Subscriber means having valid Subscription of Vodafone cellular mobile telephony services as per Law.

8 19 UPW North 20 WB East 3. A Subscriber by participating in the Competition, hereby agrees to the terms and conditions mentioned below and gives his/her irrevocable 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. 5. Subscription Process 6. Competition: a) Only Vodafone subscribers who have subscribed and become a member of the Vodafone WAP Competition Pack (refer clause 2 above) will be eligible to participate in the Jawab Do Hyundai Eon Jeeto Competition. Competition will be available at for all subscribers of the Vodafone WAP Competition Pack. All subscribed participants on the first day of the Competition will be charged Rs.5/- for that day. All subscribed participants who subscribe to the Vodafone WAP Competition Pack, after the Competition starts, will be charged Rs.5/- for the same day i.e. for the first day on which the Competition starts. Subscribers that do not have Rs 5 balance will be charged Rs 3 and subscribers that do not have Rs 3 balance will be charged Re 1. If the charging is successful, participant will get a confirmation SMS and WAP Push with the short URL on which he/she can participate in the Competition. On subsequent days, the system will try to charge all subscribed participants Rs.5, irrespective of successful charging or failure the previous day. Once charged, the amount will not be refunded to participants under any circumstances.

9 Every day, all active subscribers of the Competition Pack will be sent the charging success/failure SMS and a WAP Push (if the charging is successful), along with the short URL on which he/she can participate in the Competition. If a member wishes to unsubscribe from the Vodafone WAP Competition Pack, it can also be done by sending CAN KHEL as an SMS to 144 or 111 or s/he can also click on Unsubscription link on the Competition page. All subscribed participants will be charged from the first day of the competition, or the day he/she subscribes to the WAP Competition Pack, till the end of the competition, or the day till he/she unsubscribes from the Vodafone WAP Competition Pack, whichever happens first. Based on the amount charged, subscribers will be allowed to answer questions. o Subscribers that are charged Rs 5 will get to answer 7 questions o Subscribers that are charged Rs 3 will get to answer 5 questions o Subscribers that are charged Re 1 will get to answer 3 questions MSISDNs will be allowed to play the Competition, only after subscribing to the Competition Pack and after being charged for the day. The Competition consists of a total of 420 questions, with 2 answer options each. Everyday all charged subscribers of the Competition Pack will be sent the 1 st question of the day as a WAP push. o Subscribers can answer the question by clicking on the link. o If a subscriber has already started answering the questions for that day, he/she will NOT be sent the 1 st question. As soon as a participant accesses a welcome text is displayed explaining the rules, prizes and the T&C. For second and subsequent participant for the day, his/her score is displayed at the beginning if his/her score for the day is NOT 0. The participant clicks on NEXT to receive the next question and answer options. In case a subscriber accesses the URL, without being charged for the day, then, an appropriate text is displayed.

10 Each question consists of 2 answer options. Participants have to click on the 1 st option or 2 nd option, to answer the question. The participant will get only one chance to answer the question. Once the participant has answered the question, he/she will be taken to the next question whether the answer is wrong or right. For every right answer the participant will get 1 point. There is no negative marking for a wrong answer. Participant gets only one chance to answer the question. Once the participant has answered the question, he/she will be taken to the next question whether the answer is wrong or right. If participant stops playing the Competition after answering the nth question then when comes back on the same day, he/she will be given the (n+1)th question. Irrespective of whether or not the participant has answered all the questions on a particular day, when he/she accesses the URL on the next day, he/she will be given the first question of that day. The questions will be played sequentially. The participant is given the questions one after the other till he/she finishes answering all the questions for that day. 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 subscribers at the time of subscription. All subscribers of the Vodafone WAP Competition Pack who have NOT played the Competition for the last 7 days will be sent a WAP Push asking them to play the Competition by accessing This push will also contain the method of unsubscribing from the Competition Pack so that subscribers are educated about the same. Unsubscription Option, T&C, Rules & Prizes will be given as links in each page of the Competition.

11 7. Winner Selection Criteria a) Bumper Prize The selection for the Bumper Prize will be conducted after the Competition ends. One MSISDN, across all circles, with the highest cumulative score on any 30 days during the competition period will be selected as the winner of the Bumper Prize of a Hyundai Eon Car. b) Weekly Prize The selection for the Weekly Prize will be conducted after the selection of the Bumper prize winner is completed. One MSISDN, per zone, as per the classification of zones** mentioned above, with the highest cumulative score on any 5 charged days during the week, as per the Weekly Schedule***given below, will be selected as the winner of the Weekly Prize of Gift Voucher worth Rs One MSISDN can win the Weekly prize only once during the Competition Period. c) Daily 1 st Prize One MSISDN, per circle, with the highest score of that day, will be selected as the winner of Daily 1 st Prize of Talk-time worth Rs The winning MSISDNs will be removed from the list of eligible subscribers for Daily 2 nd and 3 rd Prizes of that day. One MSISDN can get this Prize multiple times during the competition period. d) Daily 2 nd Prize One MSISDN, per circle, with the score of 5 points and above, will be selected as the winner of Daily 2 nd Prize of Talk-time worth Rs The winning MSISDNs will be removed from the list of eligible subscribers for Daily 3 rd Prize of that day. One MSISDN can win this Prize multiple times during the competition period. e) Daily 3 rd Prize One MSISDN, per circle, with the score of 3 points and above, will be selected as the winner of Daily 3 rd Prize of Talk-time worth Rs One MSISDN can win this Prize multiple times during the competition period. ***Schedule for Weekly Prize: Week From To 1 9 th May 19 th May 2 20 th May 26 th May 3 27 th May 2 nd June 4 3 rd June 7 th June 5 10 th June 16 th June

12 6 17 th June 23 rd June 7 24 th June 30 th June 8 1 st July 7 th July f) In case of a tie in any of the above selection, the winners will be selected through a Random system generated process which will be scrutinized by an independent / neutral audit mechanism. g) A participant is eligible to win more than one Prize during the period of the Competition, which means that he/she can win more than one Prize provided he/she meets the above said criteria of the respective Prizes and gets selected by the random selector in case of a tie. h) All prizes will be given after deducting various taxes, license fees and charges as applicable. i) The Daily Prizes of Talk-time offered in this competition will be sponsored and distributed by Vodafone and the Bumper and Weekly Prizes in this Competition will be sponsored and distributed by OnMobile. 8. The list of winners of all prizes will be announced after the end of the Competition and after all the winner selection processes are completed. 9. To be eligible to claim the prizes of the Competition, the winning MSISDNs have to be active subscribers of Vodafone during winner announcement period. 10. 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. 11. All winners shall be informed individually by SMS or by calling on their registered mobile number or by any other mode which Vodafone/OnMobile 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

13 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. 12. The prizes must be claimed by the winners within one month of the date of intimation, failing which, the prize will be forfeited. 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. 13. Subscriber shall directly contact OnMobile at (toll-free) regarding any queries / complaints pertaining to the Competition between 9.30AM and 6.30PM on all working days from Monday to Friday. Alternatively, the subscriber can send an to contests_cc@onmobile.com during the same time on all working days. All disputes must be addressed by the Subscriber in writing to OnMobile directly and Vodafone shall not entertain any communication in this regard. 14. 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. 15. 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. 16. Prize(s) shall not be transferable. Cash alternative for the prizes above maybe given at the sole discretion of the organizers. 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. 17. 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. Photocopy of PAN Card d. Proof of holding the Vodafone India telephone connection e. Letter of Compliance with rules and regulations and declarations in the format as may be required by Vodafone India etc.

14 18. Any prize of value in excess of INR 10,000/- 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 10,000 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, Organizers are 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. 20. With regard to the prize of cars and/ or bikes, the winner will be eligible for the ex-showroom prices of such prize i.e. the car or the bike. The winners eligible for such prizes will be liable to pay any applicable charges over and above the ex-showroom price which shall include but not be limited to applicable taxes or any other costs or charges which may be levied by the Central, State or Municipal authority / government or any other liabilities related to the prize. 21. 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. 22. 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. 23. 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 noninfringement 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. 24. 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

15 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). Organizers at their sole discretion shall decide the model/variant of any prize being offered in this Competition. 25. 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 17 herein. 26. 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. 27. The list of winners of the prizes shall be published on The list of winners of all prizes will be announced after the end of the Competition and after all the winner selection processes are completed. 29. This Offer cannot be used in conjunction with any alternative offer or promotion. 30. This Competition is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Organizers. 31. The terms and conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form. 32. This Competition is subject to guidelines/ directions issued by the Department of Telecommunications (DoT), Telecom Regulatory Authority of India (TRAI) or any other statutory authority from time to time. 33. 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. 34. Neither Vodafone India 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 India /OnMobile shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of OnMobile or Vodafone India. 35. 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

16 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. 36. 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 any time 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 / Subscribers are therefore advised to check this website regularly for any update(s) or amendment(s) made to these terms and conditions. 37. An employee, agent, associates, distributors, dealers of Organizers or a relative of an employee of Organizers shall not be eligible to win any of the prizes offered in the Competition. 38. Organizers may assign any or all of their rights under these Terms and Conditions to their Affiliates without consent of the participants. 39. 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. 40. Any attempt by a Subscriber to deliberately undermine the legitimate operation of the Competition is a violation of laws and should such an attempt be made, Organizers reserve the right to seek damages from any such Subscriber to the fullest extent permitted by law. 41. Organizers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the participants. 42. 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. 43. You, the Subscriber, acknowledge and agree that all copyright and trademarks 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.

17 44. Nothing in the Competition shall affect any intellectual property rights of Organizers in any product or service. 45. 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 India/OnMobile. 46. The Subscribers/participants/winners hereby irrevocably authorize Vodafone India, 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 India and Vodafone India and its subsidiaries and shall be entitled to use the same in its any communications including marketing promotions and advertisements along with/without Vodafone India s brand. 47. The winner s name will be announced as registered in the system of Vodafone India. 48. The Winner shall not be entitled to the prize, in case he/ she fails to clear all outstanding dues payable to Vodafone India and / or is not an Valid Subscriber of Vodafone India on the date of claiming the Prize. 49. These Terms & Conditions are subject to Indian Laws and the Courts at Mumbai shall have the exclusive jurisdiction.