TERMS AND CONDITIONS FOR
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF 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 THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBSCRIBING TO WIN. BY PROCEEDING WITH REGISTRATION/SUBSCRIPTION TO THE WIN YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE (“TERMS AND CONDITIONS”), PLEASE DO NOT SUBSCRIBE TO THE WIN.
WIN (also referred to as “Contest”) is being organized and hosted by Seven3Rockers Technologies Pvt. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office at Time Square – 101, First Floor, Sushant Lok – I,
Gurgaon -122002, Haryana, India (“Seven3Rockers” or “Organizer”) and is open to all prepaid and post-paid category of Subscribers (“Subscribers”) of Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath Road, Janpath, Delhi – 110001 (hereinafter collectively referred to as “BSNL”) residing in India and within the following BSNL telecom service areas (“Weeklys”)- Total 23 Weeklys named as Assam, BH, KOL, ORI, WB, NE, Jharkhand, GUJ, MAH, MP, Chhattisgarh, HAR, HP, J&K, PUB, RAJ, UPE, UPW , AP , KK ,KL , TN & Chennai.
Subscription to this WIN Contest is valid from XX XXXX 2018 [from 00:00:01 hrs] to XX XXXX 2018 [till 23:59:59 hrs](hereinafter referred to as the WIN Contest Period” or “Contest Period”). Organizer reserves the right to extend or shorten the WIN Contest Period, as it deems fit, and any such change shall be published on the website http://www.seven3rockers.com/bsnlwintnc
By subscribing to the Contest, You hereby agree to the Terms and Conditions mentioned below and give your consent to the terms and conditions that may be launched as part of this Contest. For the purposes of these Terms and Conditions, wherever the context so requires “You” or “Your” shall mean any natural person who is a WIN Participant.
For the sake of clarity, a “Subscriber / Participant” for the purpose of this Contest shall mean and include an individual/person, who is the rightful owner/participant of the pre-paid or post-paid mobile connection of BSNL Operator, registered in BSNL telecom Weeklys in India and in whose name the mobile connection is active and registered as per the records maintained by Operator (and which shall be conclusive). In the event the number / connection is registered in the name of a company/ 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 contest, receive the prizes and accept the terms applicable for the contest.
- All existing and new Subscribers of the Contest hereby:
- Agree to the Terms and Conditions mentioned below and give his/her consent to the Terms and Conditions of any season of Contest that may be launched as part of this Contest.
- Agree that they are entering into this Contest as an independent individual person and nothing herein establishes an employer-employee relationship between them and BSNL or between them and Organizer and they are acting voluntarily, using their own time and resources to participate in any of the seasons/contests launched as a part of this Contest solely at their own risk;
- Warrant the accuracy, truthfulness and currency of all information that they have submitted;
- Warrant that prior to subscribing to Contest, it shall be deemed that they have read and have acknowledged and agreed to be bound by the Terms and Conditions herein and the terms and conditions applicable to each such season of Contest.
- Warrant that the Contest is played individually and not as a group, agency or a registered or unregistered firm or an Association of persons.
- These Terms and Conditions are available on the website at the following address: http://www.seven3rockers.com/bsnlwintnc (“Website”). The Terms and Conditions can be amended or varied by Seven3rockers/BSNL from time to time or withdrawn and therefore, please visit the Website to keep you updated and informed.
- PROCEDURE AND ELIGIBILITY FOR SUBSCRIPTION: Eligibility
- The WIN is open for subscription for all active prepaid and post-paid BSNL Subscribers who fulfill the following criteria at the time of participation in the contest
- He/she must be of or above 18 years of age ;
- He/she must be a Citizen of India;
- Subscriber must belong to any one of the Weeklys mentioned herein above;
- Subscriber must be an active BSNL Subscriber;
- Subscriber must not have been either convicted and / or prosecuted for commission of any criminal offence nor be of an unsound mind; and
- Subscriber must not be under any legal disability e.g. insolvency, restraint by court orders etc. and / or is prohibited from entering any contractual relationship.
Note: An active prepaid and post-paid Subscriber shall mean the Subscriber who uses the Subscriber Identity Module (“SIM”) on a regular basis for purposes other than to participate in contest under this Contest or any other contest offered by Organizer to active Subscribers of BSNL
- The subscriber has to be an active Subscriber (explained above) during the Contest Period. In case Subscriber is porting out his number from BSNL to other Telecom Operators during the Contest Period then the subscription of the subscriber shall get terminated on such date and time and shall not be eligible for any prize.
- In case of any discontinuation of the Contest by the subscriber, the subscriber can re-register afresh for the Contest. Once a Subscriber has deactivated as per the deactivation process as explained below, any further subscription to the Contest shall be construed as a fresh subscription for the purpose of this Contest and the score for the same shall start at Zero. The points or score made till before the deactivation shall not be carried forward even within the same Contest Period.
- Participant can subscribe and unsubscribe multiple times i.e. if he/she unsubscribes from the Contest, he/she can subscribe again, at any time, if he/she wishes to do so during the validity of the Contest. Upon each fresh subscription/ re-subscription, the Participant will be charged again. The points so scored till such fresh subscription/re-subscription shall become zero, and shall start from the beginning on such fresh/re-subscription. On re-subscription previous score shall not be considered. Participant should be active in the Contest Period till last day of Contest. Winners will be declared post completion of Contest. If participant unsubscribe & does not subscribe again then he will not be eligible for any prize.
- Points obtained for this Contest will be valid only for this Contest and shall not be carried forward to any new Contest under any circumstances.
- Despite the winner being announced by the External Auditor, if Subscriber has made any extra points due to any technical failure, unfair or alternative technology in that event also, BSNL/ Organizer shall have the right to disqualify the Subscriber.
- Contest Procedure
- The Subscriber can participate in the Contest by a WAP portal, by dialing the USSD string *512# and by sending SMS to 57373. The 5 questions will be valid for one day only and next day participant will get new set of 5 questions. Each question shall have 2 options and the participating Subscriber shall get 2 points for each correct answer, there will be no negative marking. Each incorrect answer will be recorded as 0 points.
- There will be a total of 300 questions available to Subscriber to play during the Contest Period. Question allotment will be done based on first activation date of participant in this Contest. For example, if a participant subscribes on 1st day of Contest Period, then questions allotted will be 300. If participant subscribes on 31st day of Contest Period, then questions allotted will be 145 & so on.
- Subscription charges for the Service are Rs.5/day. The charged amount will not be refunded to Participants under any circumstances.
Winner Selection & Gratification
- The winner selection and declaration for the Contest shall take place after completion of the Contest. Winner selection will be done by an external auditor based on the following criteria:
- Highest Score
- Minimum attempts
- First to score
- In case there is tie between participants, then tie breaker round will be conducted. The participants who have tied will be asked to answer a set of 5 tie breaker questions, the participant who answers the maximum questions correctly in the given time or in case both the participants answer equal number of questions the participant who answers the maximum questions correctly in the least time, will be selected as the winner.
- ”The list of winners will be communicated by the VASP to Nodal centre within 30 days of the closure of the contest and the prizes shall be distributed to the winners within 60 days from the date of contest being over.
- Eligibility of gratification would be that a subscriber shall be entitled to win only once during the entire Contest Period, in accordance with Clause “d” as stated below. If a Subscriber is highest scorer in more than one category (Bumper, Monthly & Weekly) then he/she shall be entitled to only one highest Prize in value amongst different Prizes/rewards across Bumper, Monthly & Weekly. This shall not be applicable on Daily Recharges.
- Winners (including spouse, sons and daughters, parents, grand children, direct blood related brothers and sisters) of the previous BSNL contests( which would have ended in last one year from the start date of this Contest) organized by the Organizer who have won bumper/ first/ grand prize or Monthly shall not be eligible for the bumper/first/grand or Monthly prize in this contest and winners agree to provide an undertaking to that effect that his/her spouse, sons and daughters, parents, grand children, direct blood related brothers and sisters of winners are not the winners of bumper / first /grand or monthly prize of previous contests organized by the Organizer for BSNL.
- Bumper & Monthly prize winners of the previous BSNL contests organized by Seven3rockers in the last one (1) year (at the start date of this contest) will not be eligible to win Bumper & Monthly prize in this Contest.Further, the winners agree to provide an undertaking under clause 4 ( c) Winner, who is found to have made any false claim under under clause 4 ( c) of this Contest, does hereby agree to:
- Allow Organizer to forfeit the prize or recover the Prize / prize money as referred in this Contest; and
- Completely indemnify Organizer, including any cost thereof, if declaration made in this clause is found false or incorrect. If the same person having different MSISDN has been selected more than once, in such event he /she will be awarded only one Prize of highest value. A Participant will be entitled to win only once during the entire Contest Period. This restriction shall not apply on Daily Recharges.
- After the selection and validation of the winners, the winners will be contacted, by calling them for 5 times at different hours of the day over a week, on the BSNL number (MSISDN), and will be given further details as to how, when and from where they can collect their respective prizes. In the event, the winner does not answer the calls of the Organizer, an SMS will be sent to the winner intimating them regarding the same. The prizes must be claimed by the Winners within time period specified subject to submission of the requisite documents within the timelines so specified from the date of intimation to the Winner, failing which, the prize(s) will be deemed to be forfeited by the Organizer(s) for the respective categories under the Contest.
- The Prize/s offered under this Contest may be given to the winners during a special event, the venue, date and time of which shall be announced by the Organizer, at its sole discretion, subsequent to completion of that particular Contest. If no special event is being conducted by the Organizer, the winners shall collect the Prize from the specific location communicated by the Organizer through SMS/email. In the event Winner does not collect the prize within 7 days from the date of receiving the SMS/ email, the prize shall be forfeited.
- Delivery of prizes will be subject to the winners giving the correct address and his/her availability there.
- The Organizer reserves the right to forfeit the prizes under the following circumstances:
- If documents as mentioned in required documents mentioned in (Annexure B) are not submitted within 7 days;
- If TDS (if applicable) not submitted within 15 days;(Refer Clause 10)
- If documents provided are found to be false / inaccurate/misleading;
- If the winner is unwilling to claim/accept the prize within a period of 7 days from the date of announcement;
- If the winner is not reachable over phone after trying 5 times over a week’s time and/or SMS/mail sent and is not responding to the written communication sent by Organizer;
- Participant has used unfair means to play the Contest;
- Any Participant providing any incorrect information, concealing or withholding any information from the Organizer with intent to participate and/or win any prize/s in Contest will automatically be disqualified from participating in it and winning the different categories of prizes under the contests. Such act of providing incorrect information, concealing or withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of BSNL number, domicile, payment of outstanding amount to BSNL or any other information provided by the Participant, shall entitle the Organizer to forthwith disqualify him/her without any further intimation.
- If the winner is not able to provide sufficient evidence to show that he/she is the subscriber of the mobile number.
- Any failure on the part of the winner to comply with directions issued by the Organizer for claim of prize shall entitle the Organizer to forfeit the Prize.
- In the event, it is found or is brought to the knowledge of Organizer that a Participant and/or winner has submitted false /inaccurate /misleading details/ information as requested by the Organizer as per the required document section mentioned in Annexure B or in the future course of action, Organizer reserves the right to recover the prize handed over to the winner and/or to be handed over to the winner(s) and take the required legal action against them.
- Without prejudice to the foregoing Clause4. Any failure on the part of the winner of any Contest to comply with directions issued by the Organizer shall entitle the Organizer, at its discretion, to cancel and forfeit the prize for the said winner.
- The prizes under this Contest are neither assignable nor transferable under any circumstances.
- All prizes offered in the Contest are subject to availability. Organizer reserves the right to provide alternate models or brands or color for any of the prizes for equivalent or lesser price nearest to prize value without prior intimation or consent of the participants under the Contest. However, the prizes, can under no circumstances, be substituted with cash of the equivalent amount.
- In case the winner does not comply with the Terms & Conditions or denies taking the prize, then the said prize (only in case of Bumper Prize) shall be given to the next qualifying winner as per the winner selection process. In case, the next qualifying winner also fails to comply with the Terms & Conditions or denies taking the prize, then the said prize shall be forfeited by the Organizer at their sole discretion and will not be given to any other participant. For any other prize category, in case, the highest eligible winner does not comply with the Terms & Conditions or denies taking the prize, then the said prize shall be forfeited and will not be given to any other participant.
- All costs and expenses for collecting the prize unless otherwise specified shall be borne solely by the winners and the prize shall not be transferable and no request shall be entertained by the Organizer for such transfer. All decisions by the Organizer/External Auditor regarding the selection of the winners under each Contest shall be final and binding. In the event the prizes cannot be delivered, within stipulated time period, due to reasons beyond the control of the Organizer, the winners shall collect them from the place specified by the Organizer at their own cost.
- The prize(s) to the winners shall be given subject to compliance with all applicable statutory legislations, processes or formalities in connection with the prize(s) and on production of all such documents/papers as may be required by the Organizer before accepting the delivery of the prize.
- Any Prize of value in excess of INR 10,000 will be subject to deduction of Tax at Source (‘TDS’) under the provisions of the Income Tax Act, 1961. Such TDS on the Prize/s shall be borne by the winner. Further, all the winners must furnish a valid Indian PAN Card copy along with Aadhar card copy to claim the Prize amount, or Prize, irrespective of the value of the same, failing which the successful participant’s Prize shall be rolled over to next eligible participant or forfeited, at the sole discretion of Organizer. The Winners shall also be liable to pay all the other taxes in advance which are applicable under any statue or law.
- All prizes/gifts must be claimed by the winner, along with the documents specified herein (refer annexure B) within the specified timelines mentioned above and specified under each Contest. 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).
- Postpaid Participants – In case of winner holding a post-paid connection of BSNL India number and is entitled to a prize, the value of which exceeds [Rs. 5,000/-], self-attested copy of the latest bill issued by the operator in respect of the BSNL number registered with the Organizer under the Contest would be required at the time of claim of prize by the winner.
- Prepaid Participants – In case of winner holding a pre-paid connection of BSNL India number and is entitled to a prize, the value of which exceeds [Rs. 5,000/-], an affidavi would be provided in the format provided by the Organizer, declaring that the winner is the rightful participant of the BSNL number and the same is registered with the BSNL in the name of the winner.
- Letter of Compliance with rules and regulations and declarations in the format as may be required by BSNL etc.
- You may write to Seven3Rockers on its email email@example.com regarding any queries, complaints, disputes pertaining to the Contest. Your query will be answered within 5 working days. Such queries, disputes and complaints arising in relation to the Contest should be accompanied by your mobile number, name and address.
- By subscribing to the Contest, you confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and You agree to receive promotional messages and alerts including without limitation daily updates on the score under the current Contest and updates about current and upcoming contests from the Organizer, as it may in its sole and absolute discretion decide.
- By subscribing to the contest, the Participant consents to the following information relating to them to be exchanged between BSNL, Organizer and their concerned vendors and/or published or otherwise communicated to in any media that the Organizer may deem fit, for the purpose of winner announcement organized under this Contest: name, mobile phone number, score and/or photograph (“Information”). The Participant also consent to the Information being shared by organizers with its affiliates and service providers and to the Information being processed and stored in the servers of organizers or its service providers, inside or outside India.
- You acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, WAP or Website and all material or content related to the Contest shall remain, at all times, owned by BSNL or the Organizer or 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 or content on this Website and/or WAP site and/or any information disseminated by SMS or any other means of communication are strictly prohibited.
- The employees of BSNL, Organizer (Seven3Rockers) and their group companies, affiliate or associate companies shall not be eligible to participate or win any of the prizes offered in the Contest.
- These Terms and Conditions are subject to force majeure circumstances including without limitation, floods, natural disasters, war, and act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of BSNL and/or Organizer (“Force Majeure Event”). Neither Organizer nor BSNL shall be liable for any delay or adverse effect caused to as a result of a Force Majeure Event. Organizer and/ or BSNL shall intimate the suspension of Contest caused as a result of such Force Majeure Event to the Participants.
- Subject to any applicable law (a) warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed by BSNL and/ or Organizer including, but not limited to, meeting of the Participant’s requirements or aspirations, timeliness, security, the results or reliability of any contest, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through or any transactions effected through the Contest WIN; (b) The Participant expressly agrees that his/her participation in the Contest offered by BSNL is at his/her 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 shall be construed to mean the giving of any warranty of any kind by BSNL or Organizer.
- BSNL, Organizer 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 may be suffered, or for any personal loss or injury that may be suffered (including loss of life), by Participant and/or any third party, directly or indirectly, by use or non-use of the prizes offered in contest.
- BSNL and/ or Organizer may assign any or all of their rights under these Terms and Conditions to their affiliates without consent of the Participants.
- The Participants participating in this Contest shall indemnify and keep indemnified BSNL and Organizer and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which Organizer or BSNL may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the Participants under the Terms and Conditions hereunder. BSNL and Organizer shall have the right to defend themselves, pursuant to this Clause, at the cost of the Participants. The Organizer, BSNL or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the winner or any third party, under this Contest or otherwise.
- Nothing in this Contest shall affect any intellectual property right of BSNL or Organizer in any product or service, which may be the subject matter of the individual Contest, which shall, at all times, remain with BSNL or Organizer, as the case may be.
- The decision of the Organizer in respect of all transactions/issues pertaining to the Contest shall be final and binding on all Participants.
- Neither the Organizer nor BSNL shall be responsible for any claims arising out of technical failures before, during, between or after the completion of Contest including but not limited to any technical failures in the telephone lines, mobile connectivity, any action that has been initiated, actioned or completed through the Participants mobile phone, failure of servers or the failure to provide the correct Contest score updates or any mistakes arising out of technical snags or resultant inability of the listener for participation. Further, neither BSNL nor the Organizer shall be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of the Organizer or BSNL.
- The Participant(s) hereby agrees and undertakes not to hold the Organizer, BSNL 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 the Participant may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this contest.
- Organizer and BSNL reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify any part of the Contest or any part thereof including the Terms and Conditions, prizes at its sole discretion at any time during its validity as may be required in view of business exigencies and/or changes by regulatory authorities and/or statutory changes and for other reasons beyond its control. The latest revised version of the Terms and Conditions shall be effective from and shall be binding on the Participant from the time of its posting on the Website. You are therefore advised to check this Website i.e. http://seven3rockers.com/bsnlwintnc regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to You, You should discontinue the subscription of Contest by unsubscribing. Your continued subscription to Contest will constitute your acceptance of the latest revised Terms and Conditions.
- Contest is subject to applicable Indian laws and guidelines, rules, regulations, notifications, circulars, directions issued by Telecom Regulatory Authority of India (‘TRAI’), Department of Telecom (DOT) or any other statutory authority from time to time.
- The participants further understand and agree that in case the Prize is not available, any gift of equivalent value or any lesser value nearest to price value will be given by Organizer.
- 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), Road Tax, Insurance and any other taxes applicable by the government Central, State or Municipal.
- To avail and/or use the prize, winner shall be solely liable for all applicable regulatory and statutory compliances. The Participant/s Subscriber/s as won the prizes (including those participants if any from towns/ villages) have to make their own arrangements for travel, accommodation to claim the prize; Organizer shall not be responsible for the same or any cost of travel and accommodation incurred by any of them.
- Failure by the Organizer or BSNL to enforce any of the Terms and Conditions in any instance shall not be deemed to be a waiver of that Term and Condition and shall not give rise to any claim by any person. The decision of the Organizer shall at all times be binding and final.
- This Contest is being made purely on a “best endeavor” basis and participation of eligible Participants is voluntary, and subject to acceptance of these Terms and Conditions.
- These Terms & Conditions are governed by the laws of India and the exclusive jurisdiction in this matter will reside with the Courts in Delhi. Any disputes or any matter arising here from will be referred to a Sole Arbitrator to be appointed by BSNL and Organizer mutually, whose decision shall be final and binding on the parties. The place of Arbitration shall be at New Delhi. The Language of Arbitration Proceeding shall be English.
- In Contest Period, Organizer/BSNL can add/delete playing mode like, SMS, USSD, WAP & APP for participants.
The Prizes in the Contest are mentioned below:
||Eligibility for winning
||1 CAR PAN India level:
||One participant shall be eligible only for one prize among Bumper, Monthly & Weekly.
If a participant is highest scorer in more than one category across Bumper, Monthly & Weekly, then the participant shall be entitled to only one prize/ reward of the highest value.
|12 Mobile phones
*Prizes mentioned above are subject to change.
For the prizes mentioned above (car, mobile phone, TV, etc.), the brand, model, variant, color etc. will be decided by Organizer at their sole discretion.
*Prize distribution shall be processed upon completion of the contest.
- Address proof (Voter ID / Driving License / Passport/electricity bill not older than 3 months /Telephone bill not older than 3 months etc)
- Photo Id proof (Aadhar Card / Passport/Voter ID/Driving License etc)
- One passport size photo
- Relevant last month’s Post paid bill (for post-paid participant) (additional document)
- PAN card copy self attached
- Demand Draft (DD) equal to the TDS amount in advance in favour of Seven3Rockers Technologies Pvt Ltd. (30% of prize amount if exceeding Rs 10,000 as per applicable Income tax rules)
- Affidavit declaration for acceptance of prize (format will be communicated/shared with winner)
- Submission of acknowledgement letter (as per the format that shall be provided by Organizer) on receipt of the Prize(s)
- For Bumper Winner – Affidavit that he / she (including spouse of winners and immediate/ first blood relatives of winners) has not won any bumper / first / grand prize in previous competitions (which would have ended in last one year from the start date of this Contest) organized by Seven3Rockers Technologies Pvt Ltd. for BSNL.
- For Monthly Winner – Affidavit that he / she (including spouse of winners and immediate/ first blood relatives of winners) has not won any Monthly prize in previous competitions organized (which would have ended in last one year from the start date of this Contest) by Organizer for BSNL.
- Death certificate or any other proof as required by Organizer, in case of death of Winner Participant.
- In the event the number is registered in the name of a company or firm, the employee who is authorized to use the MSISDN shall submit:
- a) No Objection Certificate (NOC), and
- b) Authorization letter of the employer.
*(the document list is only inclusive and not exhaustive and can change as per the requirements of Law)