Terms and Conditions of the Win India Quiz for participants

Win India Quiz

Win India Quiz THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS QUIZ KNOWN AS "Win India Quiz". BY PROCEEDING WITH THE REGISTRATION, PARTICIPATION AND USE OF Win India Quiz, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESETERMS, PLEASE DO NOT PARTICIPATE IN the Win India Quiz.

  1. Win India Quiz(hereinafter referred to as "Quiz") is conceptualized, organized and hosted by Onmobile Global limited, a company incorporated under the Companies Act, 1956 and having its registered office at Tower# 1 94/1 C & 94/2, Veerasandra Village, Attibele Hobli, Anekal Taluk, Electronic City Phase 1, Bangalore- 560100- India and Living Media India Limited, a company incorporated under the Companies Act, 1956 and having its registered office at K-9, Connaught Circus, New Delhi-110001, through its business division India Today Group Digital (herein after referred to as " "Organizers" ) for active prepaid and postpaid Subscribers ("Subscriber(s)" ) of Airtel, TATA CDMA & TATA GSM("TATA")Vodafone(hereinafter referred to as Operator(s)) over interactive Voice response("Voice") , and the Quiz is open for a limited period from 15th July2015 00:00:01 AM till 12th September 2015 23:59:59 PM. Organizers reserve the right to extend or shorten the Competition Period, as it deems fit. The Terms and Conditions can be amended or varied from time to time or withdrawn and therefore, please visit the Website http://aajtak.intoday.in/ to keep Yourself (defined below) updated and informed.

    I. An active Subscriber shall mean the Subscriber who uses the Subscriber Identity Module ("SIM") on a regular basis for purposes other than to participate in the Quiz or any other contests offered by the Organizer and Operators.

    II. Subscriber shall mean the rightful user of Airtel, TATA, Vodafone Mobile connections, pre-paid or post- paid, in whose name the mobile phone number (MSISDN) is registered with the Operator. In the event the number / connection is registered in the name of a company or firm, the employee who is authorized to use the connection shall submit a No Objection Certificate (NoC) and authorization of the employer duly permitting the employee to use the number for participation in the Quiz, receive the prizes and accept the terms applicable for the Quiz.

  2. This Quiz is open for all active Subscribers of the Operators and who satisfy the eligibility criteria mentioned in Clause 3 below and who belong to the respective Circle Groups* given below. Notwithstanding the foregoing, if the operation of or participation in the Quiz is prohibited in any State and/or territory or part thereof as per applicable law, the Subscribers from such State and/or territory or part thereof shall not be eligible to subscribe to or participate in the Quiz. No further notice shall be given by the Organizers, in this regard.
  3. Eligibility
    1. He/she must be above 18 years of age
    2. He/she must be a citizen of India and resident of India
    3. He/she must be an active Subscriber of any of the Operators in any of the Circle Groups mentioned below
    4. He/she must not have been either prosecuted or convicted for commission of any criminal offence nor be of an unsound mind, and
    5. He/she must not be suffering from any legal disability e.g. insolvency, restraint by court order etc. and/or is prohibited from entering into any contractual relationship

    The Subscriber, the rightful owner of the connection, is a person in whose name the phone number is registered, or the employee, who is the user of the phone, if the phone is registered in the name of a company, provided that company issues a letter that the employee has been allotted the specific phone number. Further, the winner will be the rightful user of the winning phone number and not the player, if such player is not the rightful user of such a number. If the winner is not able to provide sufficient evidence to show that he/she is the rightful user of the number, ITGO reserves the right to award the Prize to the next eligible winner.

    For the purposes of these Terms and Conditions, wherever the context so requires "You" or "Your" shall mean any natural person who is a Participant.

    Also, by participating in this Quiz, You:
    1. Agree to the Terms and Conditions mentioned below and give Your consent for the same
    2. Agree that You are entering into this Quiz as an independent party and nothing herein establishes an employer-employee relationship between You and Operators or between You and ITGO or Onmobile Global and You are acting voluntarily, using Your own time and resources to participate in this Quiz, solely at Your own risk
    3. Warrant that You have read understood and agreed to conform to these Terms and Conditions
    4. Warrant the accuracy, truthfulness and currency of all information that You have submitted, and
    5. Warrant that prior to playing this Quiz, it shall be deemed that You have read and have agreed to be bound by the Terms and Conditions herein.

    A Participant, by participating in the Quiz, hereby agrees to the Terms and Conditions mentioned below and gives his/her irrevocable consent to the process of selecting the Winners under this Quiz as set out herein, and any appropriate changes that may be made to this Quiz by the Organizers including due to any legal or regulatory requirement, instructions from any judicial or a quasi-judicial body or due to any natural calamity beyond the reasonable control of the Organizers or the Operators, its affiliates and associates or for any reason whatsoever. Participants who are roaming outside their home Circle(home Circle shall mean the state under the Circle Group* where the user/Participant is a Subscriber of the particular Operator) will be barred from playing the Quiz.

    Further, the Participants who are chosen as Winners of each category of Prizes in accordance with the Winner selection process under the Terms and Conditions of the Competition shall be required to be the registered Subscribers of the winning mobile phone number and not merely the players using such mobile number ("Winner(s)"). If the Winner is not able to provide sufficient evidence to show that he/she is the Subscriber of the mobile connection of any of the Operators, the Organizers reserves the right to award the Prize to the next eligible Winners or to forfeit the Prize, at its sole discretion.

    These Terms and Conditions are available on http://aajtak.intoday.in/ ("Website"). The Terms and Conditions can be amended or varied from time to time or withdrawn without prior notice to You and therefore, please visit the Website to keep Yourself updated and informed.

  4. Subscription and charging

    To Subscribe to the Quiz, the Participant must dial toll-free number 50909-099 and shall be charged Rs.3/- per answer given. All Subscribers will be allowed to play the Quiz only after being successfully charged Rs 3/- for the Quiz. If the charging is unsuccessful, the Subscriber will be sent an SMS on his/her number registered with the Operator, informing him/her of such unsuccessful charging.

  5. Quiz on Voice
    1. Quiz is available only on Voice Platform.
    2. Quiz will be available on– 50909-099 for users.

      The first time a caller calls the MM Number, the language selector will be played and the caller is asked to choose the language.

    3. Once the caller chooses the language, an introductory message is played to the caller. The intro will give the participant details of the game very briefly. If the caller calls in for a second time or more, without completing the game he is played a short intro. For second and subsequent callers the updated score is played.
    4. The participant can press 9, when prompted, to know further information about the contest.
    5. The participant is then played the 1st question of the Quiz. The user will be given two answer options followed by a beep sound.
    6. To listen to a question again users can press *.
    7. If the caller drops the call after answering the nth question, the next time he/she comes back he/she will get the n+1 question. If the caller drops the call without answering the nth question then when he/she comes back, he/she gets the same question.
    8. Quiz will be on DTMF and the user can press Options 1 or 2 on the phone keypad to answer. Users can only answer after the beep.

      Once the Participant presses 1 or 2 on his/her mobile phone keypad as his/her answer for the relevant question, he/she- shall be immediately charged. If the charging is unsuccessful, the Participant will be informed about such unsuccessful charging. Such answer of the Participant for which the Participant has not been charged shall be disregarded for the purpose of Winner selection and such question will remain as an unanswered question, which may be given to the Participant again sometime later during the Quiz.

    9. After every right/wrong answer, the user will be given the next question.
    10. The participant will score 1 point for every right answer but will score zero (0) points for every wrong answer. There is no negative marking.
    11. Whenever a user plays the Contest on Voice and drops the call, an after call SMS will be sent with the updated Scores of the participant.
    12. Once the user has answered all questions, he/she will be played a prompt telling him/her that he/she has completed all the questions and then the call is dropped.
    13. He/she cannot attempt the same questions again
    14. Questions will be played randomly.
    15. Roaming callers will be barred from playing the Quiz
    16. The Quiz is available in the following languages: English,Hindi,Kannada,Malayalam,Tamil and Telugu.
  6. Prizes and Winner Selection Process: PRIZES: The prizes are as follows:
    1. Grand Prize: Gold Voucher worth up to Rs.38,000
    2. Weekly Prize – Mobile Recharge worth up to One Thousand Rupees.
    3. Daily Prize – Mobile recharge worth up to Fifty Rupees

    Grand Prize: The selection for the Grand Prize will be conducted after the Quiz ends. One Mobile Number across all Circle Groups, as per the classification of Circle Groups* given below, across Operators, with the minimum score of 300 points, in the least amount of time, during the Quiz Period, will be selected as the Winner of Gold Voucher worth up to Rs.38,000. The Winner is entitled to use the Gold Voucher, subject to the terms and conditions applicable to the Gold Voucher.

    Weekly Prize: The selection for the Weekly Prize will be conducted for each week, as per the Weekly Schedule ** given below. Two Mobile Numbers, across all Circle Groups, as per the classification of Circle Groups* given below, per Operator, with the minimum cumulative score of 35 points, in the least amount of time, in that week will be selected as the Winner of Mobile Recharge worth up to One Thousand Rupees. 1 Mobile Number can get the Weekly Prize only once in the Competition.

    In the selection of the Grand & Weekly Prize, in case of a tie in the score, 1 round of tie-breaker will be conducted for all the tied Mobile Numbers on Voice. In case of a further tie in the score and time taken, in the tie-breaker, the selection will be conducted by checking the time taken by the Mobile Numbers to answer x-1, x-2 questions in the tie-breaker. i.e., if the tie-breaker has 35 questions, and there is a tie in this, then, the time taken for a Mobile Number to answer 35-1=34 questions will be considered. In case of a tie in this, then the time taken to answer 34-1=33 questions, and so on will be considered.

    Daily Prize: The Daily Prize will be conducted for each day of the Competition. Three Mobile Numbers, across all Circle-Groups as per the classification of Circle Groups* mentioned below, per Operator, with the score of 5 points, in the least amount of time, till that day, will be selected as the Winner of Mobile recharge worth up to Fifty Rupees. In case of a tie in the selection of the Daily Prizes, all eligible winners will be gratified. 1 Mobile Number can get the Daily Prize only once in the Competition.

  7. Circle Groups*:

    Sl.No.

    List out the circle details for each Operator

     

     

    Airtel

    Vodafone

     

    Tata

     

    1

     

    ANDHRA-PRADESH

    MUMBAI

     

    ANDHRA PRADESH

     

    2

     

    ASSAM

    RAJASTHAN

     

    BIHAR

     

    3

     

    BIHAR

    MP

     

    DELHI

     

    4

     

    CHENNAI

    GUJARAT

     

    GUJARAT

     

    5

     

    DELHI

    MAHARASHTRA

     

    HARYANA

     

    6

     

    GUJARAT

    AP

     

    HIMACHAL PRADESH

     

    7

     

    HARYANA

    KARNATAKA

     

    KARNATAKA

     

    8

     

    HIMACHAL-PRADESH

    CHENNAI

     

    KERALA

     

    9

     

    JAMMU-KASHMIR

    TN

     

    KOLKATTA

     

    10

     

    KARNATAKA

    KERALA

     

    MAHARASHTRA

     

    11

     

    KERALA

    HP

     

    MADHYA PRADESH

     

    12

     

    KOLKATA

    UPE

     

    MUMBAI

     

    13

     

    LUCKNOW

    Haryana

     

    ORISSA

     

    14

     

    MADHYA-PRADESH

    Punjab

     

    PUNJAB

     

    15

     

    MAHARASTRA

    UPW

     

    RAJASTHAN

     

    16

     

    MUMBAI

    Delhi

     

    TAMILNADU

     

    17

     

    NESA

    JK

     

    UTTAR PRADESH – EAST

     

    18

     

    ORISSA

    ORISSA

     

    UTTAR PRADESH – WEST

     

    19

     

    PUNJAB

    BIHAR

     

    WEST BENGAL

     

    20

     

    RAJASTHAN

    ASSAM

     

     

     

    21

     

    TAMIL-NADU

    NE

     

     

     

    22

     

    UTTAR-PRADESH-WEST

    ROB

     

     

     

    23

     

    WEST-BENGAL

    KOL

     

     

     

    24

     

     

     

     

     

     

    25

     

     

     

     

     

     

    26

     

     

     

     

     

     

    27

     

     

     

     

     

     

    The Subscriber hereby understands and agrees that all the Operators' responsibility in this Quiz is limited to communicating the list of eligible Subscribers to ITGO.

    1. Subscriber shall directly contact ITGO regarding any queries / complaints. Subscriber may also contact OnMobile at 08049292444 regarding any queries / complaints pertaining to the Competition between 9.30 AM to 6.30 PM, on all working days from Monday to Friday. Alternatively the subscriber can send an email to mobileteam@intoday.com or contest@onmobile.com, in case of the latter, which will be answered on working days, between Monday to Friday. All disputes must be addressed by the Subscriber in writing to ITGO or OnMobile directly and the operators shall not entertain any communication in this regard.
    2. The Subscriber hereby further understands and agrees that Organizers shall be solely responsible for inter-alia the selection of the winners and delivery of the Prizes. Organizers shall be solely liable for all/any representations/warranties/communications made to the Subscriber regarding the aforesaid.
    3. The Subscriber hereby understands and gives his/ her irrevocable consent for personal information relating to the Subscriber to be exchanged with Organizers and its vendors or published and/or communicated to/in any media that it may deem fit, and the Organizers or its Vendors may, at their sole discretion may choose to publish or disclose the name(s), phone number(s) and score(s) of all participants, if required, and specifically, of winners.
    4. A Participant by participating in the Quiz hereby agrees to these terms and conditions of the Quiz and gives his/her consent to the winner selection process as set out, and any appropriate changes that may be made to this Quiz due to any legal or regulatory requirement, instructions from any judicial or a quasi-judicial body or due to any natural calamity beyond the reasonable control of Organizers, its affiliates and associates. The name and detail of the winner along with photograph may be published in Group Publication of Living Media India Ltd and the participant hereby consents to the same by taking part in this Quiz.

    5. Announcement of Winners & Disbursements of prizes:
      • The winner of Grand Prize will be announced at the end of duration of Quiz. The disbursement of all abovementioned prizes would be done ONLY after the end of the Quiz. In case of any dispute or difference in respect of the prize/ selection of winners,

      • Acceptance of the Prize/s by the winner constitutes permission for Organizers, and its affiliates to click photographs of the Winner/s and use the Winner’s name, photographs, likeness, Voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any additional compensation whatsoever.
      • The gold voucher which may be given to the Winner(s) as a Prize shall be given after deduction of such value equivalent to the amount of applicable taxes, including but not limited to, Tax Deducted at Source (“TDS”) @ 30.99% or as applicable from time to time and applicable Value Added Tax on the purchase of the gold. The Winner will receive a TDS certificate in respect of the amount of TDS, and also a statement showing the value of the gold received.
      • The purity of the gold being offered as Prize in this Contest will be of 22 carat certified gold. The Winners may use the gold vouchers being given in this Challenge to purchase gold only up to the value specified in the respective gold vouchers, irrespective of the rate of conversion of gold at the time of such purchase.
      • After the selection and validation of the Winners of all the prizes under the Competition, the Winners will be contacted, by calling them on 3 consecutive days on the number of the Winner registered with the Operators, and will be given further details as to how, when and where they can collect their respective prizes. For such purpose the Winner(s) will receive calls only from one of the numbers mentioned herein, i.e., 080-67186344 or +91-80-49292425. The Organizers and Operators shall not be liable for any reason whatsoever in the event the Winners respond or communicate in any form, with any other number. In the event the Winners do not answer the calls of the Organizers, an SMS will be sent to the MSISDN of the Winners intimating them regarding their winnings and providing them the details as to how, when and where they can collect their respective prizes (“Intimation”). The prizes must be claimed by the Winners within 30 days from the date of Intimation to the Winner, failing which, the prize(s) will be deemed to be forfeited by the Organizers under the respective categories under the Competition. The Prizes offered under the Competition may be given to the Winners during a special event, the venue, date and time of which shall be announced by the Organizers, at its sole discretion, subsequent to completion of the Competition. In the event no special event is being conducted by the Organizers, the Winners shall be requested to provide their address to which the Prizes may be sent by Organizers, failing which the Prize shall be forfeited. The Prizes shall, under no circumstance be distributed from the amount charged by OnMobile or any of the Operators for playing the Competition. Delivery of Prizes will be subject to the Winners giving the correct address and his/her availability there. The Winners agree that there shall be no liability on Organizers or Operators in the event such message does not reach such Winner on any account for any reason whatsoever. In the event that any of the Winners cannot be reached over phone or through SMS for a period of 3 days from the date of Intimation or are ineligible or are disqualified, for any reason whatsoever, the Organizers reserves the right to forfeit the Prize at its sole discretion.
    6. Without prejudice to the Clause mentioned above, any failure on the part of the Winner under this Competition to comply with directions issued by the Organizers shall entitle the Organizers, at its discretion, to cancel and forfeit the Prize for the said Winner and the same Prize will be given to the next eligible Winner, which shall in the case of Grand Prize Winners be limited to 3 Winners. The Prizes shall be distributed only after and subject to confirmation of an existing Permanent Account Number (“PAN”) of the Winner(s). All costs and expenses for collecting the prize unless otherwise specified shall be borne solely by the Winners under this Competition and the Prize shall not be transferable and no request shall be entertained by the Organizers or Operators for such transfer. In the event the Prizes cannot be delivered, when specified that they will be delivered, due to reasons beyond the control of the Organizers, the Winners shall collect them from the place specified by the Organizers.
    7. The Winner shall be responsible to keep in safe custody the intimation letter and/or confirmations given/ issued to him by the Organizers. In case of loss or damage or theft of the same, Organizers reserve the right to issue duplicate(s) subject to such verifications and/or on such other term/s as it may desire.
    8. Vendor may to its best ability inform the winners by calling them on their Mobile Numbers. 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 winner include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of Law):
      • Identity Proof
      • Address Proof
      • Proof of holding the Idea telephone connection
      • PAN Card and
      • Letter of Compliance with rules and regulations and declarations in the format as may be required by the Organizers.
      • Letter of acceptance of Prize after agreeing to pay TDS where applicable, and any other applicable taxes.
      • A DD equivalent to the amount of TDS or all other taxes applicable shall be drawn in favor of a person or entity or firm as may be communicated by the Organizers to the winner(s).
    9. Organizers shall endeavor to deliver the Prize or its equivalent within 60 days from the date of receipt of all the documents from the winner to the complete satisfaction of the subscriber, in order to process the distribution of the Prize. The Price shall be delivered at Delhi and the winner shall at his own cost make arrangements to collect the price from Delhi. The Prize shall be at showroom condition and no extra accessories shall be provided. Any damage or fault of the Prize shall be covered by the manufacturers warranty and the Organizers shall not have any responsibility for the same. All expenditure including taxes pertaining to the use of goods shall be borne by the Winner.
    10. Any Prize of value in excess of INR Rs. 10,000/- will attract deduction of tax at source as per Section 194 B of the Income Tax Act 1961 or as applicable from time to time. The winners shall be solely responsible to bear the said tax and shall issue a Demand Draft for such amount. The winner shall not be eligible to claim the Prize until and unless he/she has tendered the DD towards the tax. Winner shall be disqualified if he delays the payment of fees for more than 45 days. In case the winner is issued a cheque for the prize amount, the same will be issued after deducting the applicable taxes.
    11. The Quiz shall be governed by and construed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the Quiz and, or, pertaining to the rules and regulations and, or, the Terms and Conditions shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed by ITGO. The venue of arbitration shall be New Delhi.
    12. All incidental costs/taxes/levies related to the Prize(s) shall be exclusively borne by the subscriber including but not limited to TDS, Gift tax (if any), and any other taxes applicable by the government Central, State or Municipal.
    13. The Prize(s) under the Quiz are neither assignable nor transferable under any circumstances. All the Prizes shall be subject to such other terms and conditions as may be applicable and shall have to be duly complied with by the winner.
    14. The Prize(s) to the winner shall be given subject to compliance with all applicable statutory legislations/ processes /formalities and terms and conditions in connection with the Prize(s) and on production all such documents/papers as required by the Organizers before accepting the delivery of the Prize. Any failure on the part of the winner to comply with directions issued by the Organizers for claim of Prize shall entitle the Organizers to award the Prize(s) to the next eligible winner.
    15. There shall be a roll-over of Prizes in case the winner/s is/are ineligible. A subscriber shall be considered ineligible if he/she does not confirm to the conditions or cannot provide the required documents as stipulated herein under Clause 15.
    16. The employees of ITGO, Onmobile Global, all the operators, and their group companies, affiliate or associate companies shall not be eligible to participate in this Quiz.
    17. The Prize or its equivalent shall be handed over by the Organizers on receipt of all the documents, from the winner, required to process the distribution of the Prize.
    18. This Quiz cannot be used in conjunction with any alternative offer or promotion.
    19. This Quiz is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of the Organizers. Organizers may stop/suspend/cancel this Quiz at its sole discretion without providing any specific reason to the Participants. The Participant understand and agree that he/she is aware of the call charges/telephone charges applicable to each call and fully being aware of the same he/she is participating in the Quiz. No communication whatsoever shall be entertained by the Organizers regarding the Quiz and any display shall be at the sole discretion of the Organizers.
    20. Organizers shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Quiz including but not limited to any technical failures in the telephone lines, failure of servers or the failure to provide the correct Quiz 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 are beyond its reasonable control.
    21. Organizers shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to a Subscriber and/or any third party, directly or indirectly, by use or non-use of the Prize.
    22. Subscriber hereby agrees and undertakes not to hold Organizers and/or or any of its 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 claims to suffer, sustain or incur, by way of and /or on account of the present Quiz.
    23. Organizers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Quiz or any part thereof including the eligibility criteria, the Terms & Conditions and prizes at their sole discretion at anytime during it’s 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. This Terms and Conditions shall be subject to updates and changes without any specific notice and the Participants are bound to access the website to understand the changes.
    24. The terms and conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form.
    25. The Terms & Conditions are subject to Indian Law and the exclusive jurisdiction of the Courts in Delhi.