By means of these terms and conditions set forth herein (“Terms and Conditions”), the Company is conducting an activity named “#BGPHINUK” (“Activity”) by providing an opportunity to the interested individuals to submit their Entry (as defined below) on the Company’s social networking platform on Company’s Facebook page being https://www.facebook.com/AndTVUK/ and get a chance to win the Gratification (as defined hereunder) on terms more particularly described herein below. By submitting your Entry (as defined hereunder) through any of the Entry Platforms on terms more particularly described herein below, you agree to be unconditionally bound by the Terms and Conditions as provided herein below
I. PROCEDURE FOR PARTICIPATION AND SELECTION
1. In order to participate in the Activity, each interested participant shall be aged above 16 (sixteen) years (“Participant(s)”) and is required to submit his/ her entry by posting the picture with bus or billboard in their area.
2. To submit the Entry, the Participant shall be required to log onto Platform through his/ her valid existing Facebook account and click on the page/post created on the Entry Platform by the Company and submit/ post his/her Entry by typing out his/her Entry.
3. Entry shall be accepted from February 18, 2017 and end on March 19th , 2017.
4. The Company shall promote this Activity through the medium of the channel, website, , television (promos, astons, bugs etc.).
5. The Entry submitted by the Participant shall start or end with the Activity hashtag “#BGPHINUK” (“Activity Hash Tag”).
6. It is further clarified that the details of the Entry will not be publicized on the channel of the Company and /or any other platform/medium other than the Company’s Entry Platforms.
7. For purposes of the Activity, “receipt” of the Entry occurs only when the Company’s Entry Platform’s page/ server records the Entry information upon the entrant clicking “Submit/Post” button. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.
8. For the purposes of the Activity, a complete and valid Entry will constitute of logging onto either any one or both the Company’s Entry Platforms, clicking on the post created by the Company on the Entry Platform, submitting the Entry (as defined in Clause I (1)) starting or ending with the Activity Hash Tag by clicking on “submit/ click/ /post” button. If the Participant(s) fails to make the Entry in the manner as stated hereinabove and/or is not a resident of India and /or has violated any guidelines published by the Entry Platform, then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for the Gratification. For the avoidance of doubt, it is hereby clarified that by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.
9. It is clarified that each Participant(s) shall be free to submit/provide Entries innumerable times throughout the Activity Period and such submission of Entries shall not make him /her from ineligible from participating in the Activity and shall not render his /her Entry invalid however selection of the Entry entitled to receive the Gratification shall be on sole discretion of the Company. Entries received from the Participant in any other manner on the Entry Platform during or after the Activity Period shall be considered null and void. For sake of clarity, each Entry by the Participant on either or both the Platform shall not be more than 50 (fifty) words.
10. The Participant(s) shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
For avoidance of doubt, the Participant(s) agrees that the Company has the right to remove any such material/Post which may not be in consonance with applicable law.
11. The Company shall not be responsible in the event Entry is not received, and also for technical error of any nature whatsoever that results in an Entry to not being received.
12. The Company shall not be responsible for any Entries submitted by the Participant but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.
13. At the end of the Activity Period, on the basis of the Participant having made a valid Entry, the Company shall at its sole discretion shortlist and select a total of 3 (three) Participants (“Winner”) basis the uniqueness of the picture.The Winners shall get a chance to win the t-shirt signed by Shah Rukh Khan.
14. The Winners shall be selected at the sole discretion of the Company basis most creative / unique post (along with Activity Hashtag) received on Entry Platform within the Activity Period. The Winners shall be not entitled for any other gratification/ opportunity whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the Gratification and the Participant shall have no claim in any manner whatsoever in this relation. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company’s decision to this effect.
15. For avoidance of doubt it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Winners shall be final and binding. The Company at any time during or after the expiry of the Activity Period shall at it sole discretion increase or decrease the number of Winners to be selected by the Company for being entitled to receive the Gratification. For the sake of clarity, mere submitting an Entry does not entitle the Participant(s) to get an opportunity to participate in the Activity and/or be entitled to receive the Gratification. Only the Participant(s) who have made a valid Entry by giving creative/unique message for a question asked on Entry Platform and who are declared as the Winners based on the criterion mentioned hereinabove and who have provided correct information over Intimation Message (as defined below), by the Company at its discretion shall be entitled to get the opportunity to receive the Gratification.
16. On selection of the Winners by the Company, the Winners shall be intimated by the Company and /or any other agency on behalf of the Company on the Entry Platform(s) from which the Participant submitted their Entry on the Entry Platform stating “Congratulations! You have been chosen as Winner of the activity named #BGPHINUK activity conducted by the Company. You are required to inbox us personal information such as name, contact number, email address, age, gender along with scan copy of your photo id proof (i.e. driving license/ pan card/ passport/ election card). T&Cs apply” (“Intimation Message”).
17. In case the Winner fails to revert to the Company within the aforesaid timelines, the selection of that Winner shall be invalidated and the Company at its sole discretion may select another Winner from amongst the other eligible Participants. The Company shall not be responsible or liable for any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which the Winner are un-reachable, due to which the Company is unable to intimate the Winner.
18. In case the Winner reverts to the Company in a manner and timelines as said forth in Clause I (16) above, the Winner shall be required to adhere to the verification process of the Company which inter alia shall include sharing (i) the personal information (“PI”) of the Winner such as name, contact number, email address, age, gender, residential address etc. and (ii) identification documentation such as age proof, residence proof, their nationality proof (i.e., driving license, pan card, passport, election card) (“Documents”). For the sake of clarity, such Intimation Message received by the Winner from the Company does not entitle Winner to receive Gratification unless the Winner furnish all requisite PI and the Documents in a form and manner desired by the Company. Post receiving the PI of the Winner, the Company shall verify the necessary PI and the Documents at its end.
19. It is clarified that the Company and/ or any other agency of behalf of the Company shall make only one (1) attempt to contact the Winner by calling on the mobile number/landline number of the Winner provided by the Participant on the Intimation Message within the stipulated timelines as mention in Clause I (16) above. In case the Winner fails to pick up the Intimation Call or if the mobile number shows busy network/ out of coverage network, the selection of that Winner shall be invalidated and the Company at its sole discretion may select another Winner from amongst the eligible Participant(s) who qualify as per the criteria stated above to receive the Gratification. The Company shall not be responsible or liable for any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which the Winner is un-reachable, due to which the Company is unable to intimate the Winner.
20. In the event the Winner fails to provide the above mentioned PI and/or Documents or fails to adhere to the instructions as mentioned in the Intimation Message, the Winner selection shall be invalidated and the Company shall not be liable address any claims made by that Winner in any manner whatsoever. Additionally, the Company may at its sole discretion select another Winner from amongst the eligible Participants, who qualify as per the criteria stated above.
21. Once the information has been verified by the Company on the Company and /or any other agency on behalf of the Company shall inform the Winners of the Activity on their mobile/landline number who shall be entitled to Gratification from the Company. The names of the Winners along with the message shall reflected/featured on the Entry Platform(s) of the Company and the Winner shall have no right to raise any claims/ objections in relation to display of their message on the Entry Platform in any manner whatsoever.
22. The Gratification given to the Winner(s) by the Company is non-transferrable and non-exchangeable. Winner(s) agrees and undertakes that no cash equivalent or alternative gratification/ opportunity will be given to the Winner(s) and the Winner(s) cannot exchange the opportunity given for any kind of gift with value. Further, the opportunity given to the Winner is personal in nature hence the Winner cannot transfer the opportunity to any other person including but not limited to friend/ relative/ family member.
23. The Winners shall not in any circumstances make any claims against the Company entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the Winner’s participation in the Activity or any related activity, to the extent permitted under law. If the Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
24. Family members and relatives of the employees of the Company and their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Program.
25. No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant.
26. The Winner hereby agrees to release and discharge the Company from all Gratification and Activity related obligation on the Company over the Gratification to the Winner(s).
27. All personal details and Documents (if asked by the Company) requested by and supplied to the Company by each Participant must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Winner from availing the opportunity to participate in the Activity.
28. The Company is not responsible for the Participant not being able understand the Activity mechanics or for his/her misinterpretation of the same. No correspondence, clarification, explanation in this regard will be entertained by the Company.
29. By participating in the Activity, it is construed that the Participant(s) has read and understood these Terms and Conditions including the General Terms and Conditions stated below and Participant(s)’ act of participation in the Activity will be deemed acceptance to abide by the same.
1. Participation is open to adult citizens residing in UK who must be medically fit and have no criminal conviction or an arrangement or a contract with any third party that prevents the Participant (s) from participating in the Activity. Documents pertaining to medical fitness must be furnished by the Participant on demand.
2. Persons must enter the details on their own behalf and Entry(ies) by proxy will not be accepted, even for their family members.
3. The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without giving prior notice.
4. The Participant hereby undertakes, warrants and guarantees to the Company that he/she has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions.
5. By participating in the Activity, the Participant represents that he/she is medically fit and does not have present or past psychological problems. If in the past he/she has had any psychological problems or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Company in writing along with a copy of the certificate from a qualified medical practitioner declaring him to be fit for participation in the Activity.
6. Participant shall not be eligible as a Participant for the Activity if he/she is suffering from any kind of ill health, medical problems (viz. heart problem, blood pressure problem etc.).
7. Participant represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Company in writing. That the Participant(s) is /are not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of registration and has no other disability which would prevent or impede his/her participation in the Activity (if selected/shortlisted).
8. The Participant acknowledges that he/she has voluntarily chosen to participate in the Activity at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Activity.
9. The Company makes no representations, warranties nor provides any undertaking to any of the Participant(s) that any or all of the Participants will be able to qualify for receiving the opportunity to participate in the Activity.
10. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the Participant(s) in the Event or that the Company is not able to permit the Participant to take part in the Activity in accordance with any of the foregoing provisions.
11. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the Activity dates and at such date as it may determine.
12. At no point of time will the Company be obliged to notify unsuccessful Participant of its decision.
13. The Participant(s) shall hold harmless and indemnify, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s) in connection with the Activity and/or the Gratification and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
14. The Participant(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the Participant(s)and/or the Activity and/or post and/or Entry and/or any third party rights claims with respect to the material submitted by the Participant(s).
1. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
2. These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Mumbai.
3. The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
4. Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
1. The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Program.
2. The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity whether or not caused by (1) the Participant’s participation in the Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (4) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
3. The Participant agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.
4. The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Activity, if selected.
5. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
6. Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise, enroute while coming to location as to receive the Gratification as intimated to Participant for this Activity.
7. The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant.