March 26, 2012
First Published: 18:04 IST(26/3/2012)
Last Updated: 13:49 IST(27/3/2012)
THESE TERMS & CONDITIONS (HEREINAFTER REFERRED TO AS THE “RULES”) ARE APPLICABLE TO ALL THE PARTICIPANTS OF THE WHITE DOT CONTEST -(HEREINAFTER REFERRED TO AS THE “CONTEST”) PROMOTED/ORGANIZED BY M/S HT MEDIA LTD (HEREINAFTER REFERRED TO AS “HTML”). THE RULES CAN BE AMENDED OR VARIED FROM
TIME TO TIME BY HTML.
||Any person who sends an SMS to the published shortcode |
||Hindustan Times and its supplements|
||Tax deducted at source, as per the Income Tax Act|
||A Participant selected as a winner under this process |
||A Participant who only gets selected as a Winner in the event the Winner is unable to be contacted, cannot pay the TDS amount, etc|
1. Period of the Contest: Start at 06:00:00 hours on March 27, 2012.
2. The contest is open for Indian citizens only, who have completed 18 years of age or more as on the date of entering/participating in the contest.
3. Users can participate in this contest by entering the contest published in HT for a period of 4 weeks. Only the 1st correct entry received from a mobile number shall be considered for the purpose of the weekly contest.
4. For the weekly contest, Monday to Sunday will constitute a week.
5. Premium SMS rates applicable depending on charges prevalent at the time of participation. Please contact your operator before participating.
6. Participants are required to send a participation SMS to 54242 in the following format: DOT <Space> Brand Name of advertisement <space> NAME E.g. DOT TOYOTA. Receipt of SMS will be considered as acceptance of all Rules by the Participant.
7. A participant may send in as many SMSs as he / she wishes; however, for purposes of the draw, only one SMS will be considered from each phone number
8. Participants can send in entries from multiple phone numbers however, can win only the first prize for which they are selected, if any
9. Winner of one prize is not eligible to win any other prize
10. In the event of multiple draws, valid participating entries who did not win any prize of earlier draws may be used in subsequent draws
11. HTML will not be responsible in any way for failure of any backend technology of any applications and resultant inability to use any entry for participation in the draws.
12. Contest prizes will change from time to time and will be indicated in the advertisements for the ad.
13. In case of any dispute or difference in respect of the prize/ process of selection of winners, the decision of HTML shall be final and binding on all concerned.
14. Winner will be liable to pay the taxes as applicable on the winning prize before claiming the prize. The winner will be intimated by SMS / call for this purpose
15. The prize shall be given to the winner only on production of valid documents for Photo and ID proof. The winners may be required to sign the Terms and Conditions herein before accepting the prize. Any failure on the part of the winner to comply with directions issued by HTML, shall entitle HTML, in its own discretion to cancel and forfeit the prize for the said winner and then the same prize will be given to the next eligible lucky winner.
16. The winner may collect the prize within a period of maximum 2 weeks, from the date of announcement of the winners, else the prize may be forfeited.
17. Though HTML shall make every effort to declare the results of the Contest on the due date for the respective prize draws, it shall not be responsible for any delay in announcing winners of the respective prize draws arising out of reasons beyond its control in the normal course of business.
18. All the costs and expenses for collecting the prize will be borne solely by the winner and HTML shall not entertain any claim, whatsoever. The winner is solely responsible for any other expenses related to the acceptance and use of the offer.
19. The prize shall non-transferable, non negotiable and are non-encashable and no such request shall be entertained by HTML. In the event of any unforeseen circumstances, HTML reserves the sole right to offer an alternative prize of the same value.
20. Employees of HTML and its affiliates/subsidiaries, sponsors of the prizes, associated agencies, participating operators and their immediate family members and relatives are not eligible to participate in this contest and win any prize.
21. Failure by HTML to enforce any of these Rules in any instance(s) shall not give rise to any claim by any person.
22. The contest 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 contest 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 HTML. The venue of arbitration shall be New Delhi.
23. All disputes shall be subject exclusively to Delhi jurisdiction only.
24. HTML, in its absolute discretion reserves the right at anytime, without giving any previous notice to the participants, to add, alter, modify, change or vary all or any of these terms & conditions, wholly or in part, prospectively or retrospectively, or to withdraw the contest. Participants undertake the responsibility to update themselves of the changed terms & conditions on www.hindustantimes.com on a regular basis.
25. Any attempt by a participant to deliberately damage or undermine the legitimate operation of the Contest and/or web-site is a violation of Criminal and Civil Laws and should such an attempt be made, HTML reserves the right to seek damages from any such Candidate to the fullest extent as permitted by law
26. All entries will be treated as the property of HTML and can be used by HTML for any promotional and / or commercial activity & the participants/winners waive all rights of whatsoever nature in the said entries in favour of HTML by participating in the Contest
27. Participants/winners may be required by HTML to participate in a photo, video and/or film session and acknowledge that HTML has the absolute and exclusive right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it may deem fit without any consideration or payment of similar nature to such participants/winners.
28. HTML in its absolute discretion may publicize, broadcast or otherwise disclose a participant's/winner's name, character, likeness, statements or any recording of their voice in advertising or promotional activities concerning this Contest, or generally. HTML may promote or advertise that a winner has won the Contest
29. The list of winners may or may not be published in HT or any of its publications.
30. If the list of winners is published, the winner gives complete authority to use his/her name as a part of HT’s promotion. Incase after publication of the Name of the winner, the winner backs out for any reason whatsoever HTML has the right to give the prize to any other person whose name may or may not be published in the newspaper.
31. In case of any dispute or difference in respect of the prize/ selection of winners, the decision of HTML shall be final and binding on all concerned.
32. HTML holds no responsibility or liability in case HTML is unable to inform the winner of his/her win due to non-availability / wrong number or any other reason within a period of 2 weeks announcing the winners, having made despite the best efforts. In such a case HTML shall not be liable to demonstrate proof of the efforts made in this regard.
33. Apart from the above-mentioned prize/s, nothing else will be provided to the winner. All applicable taxes, levies, cesses, insurances, transfers and other expenses, if any, will have to be borne and paid by the winner. No claim for any prize will be deemed completed unless the applicable TDS amount is deposited by the winner.
34. All prizes shall be claimed by the winners, accompanied with documents specified herein below, from HTML within 2 weeks from the date of publishing of the Winners on the website. The documents required to be submitted along with the claim by the winner include the following (the document list is only indicative and not exhaustive and HTML shall be entitled to request the Subscriber to produce such other document/s from the winner as it may deem fit to its sole and absolute satisfaction):
* Identity Proof,
* Address Proof,
* PAN Card and
* Letter of Compliance with rules and regulations etc
35. HTML at its sole discretion may also waive production of any of the aforesaid documents
36. Failure to claim the prize within the aforesaid 2 weeks period may result in disqualification and forfeiture of the prize and/or declaration of alternate winner which is at the sole discretion of HTML.
37. If the winners fail to claim their prizes or submit the aforesaid documents to claim the prize within 30 days from the date of availability of the winners’ details, then HTML reserves the right to forfeit such unclaimed prizes.
38. The offer in this Contest cannot be used in conjunction with any alternative offer or promotion.
39. The Winner shall be responsible to keep in safe custody the intimation letter and/or confirmations given/ issued to him by HTML. In case of loss or damage or theft of the same, HTML reserves the right to issue duplicate(s) subject to such verifications and/or on such other term/s as it may desire.
40. HTML, its vendor and/or its subsidiaries shall not be liable to any person or entity for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the winner or any third party, whether in connection with this contest, or for breach of any warranty or in tort.
41. HTML, its vendors and its subsidiaries shall not be responsible for any claim/s arising out of any technical failure/s either before, during, or after the completion of the Contest including but not limited to any technical failures in the telephone lines, failure of servers or the failure to provide the correct contest score updates or any mistakes arising out of technical snags. Further, HTML shall not be responsible for any claims arising out of any failure(s) which are beyond the control of HTML or its vendors.
42. This Contest is subject to force majeure circumstances i.e. act of God or any circumstance beyond the control of HTML, for which HT cannot be held responsible.
43. The Contest is valid subject to the winner complying with all terms, conditions and/or formalities as required by HTML. Any failure on the part of the Participant to comply with the any specified term, condition and/or formality shall render the Participant liable for disqualification at the sole discretion of HTML.
44. This Contest is subject to guidelines/ directions issued by Telecom Regulatory Authority of India or any other statutory authority from time to time.
45. For purposes of this contest, Participants waive their Do Not Disturb rights, if any, and permit communication with them via SMS and / or call.
46. HTML reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this offer or any part thereof including the eligibility criteria, at its 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.
47. HTML shall not be responsible for the quality, fitness, merchantability, defect or deficiency etc. of the prize and no claim or request, whatsoever, in this respect shall be entertained by the HTML. Further in case of the prize it shall be sole responsibility of the winner to conduct due diligence in order to ensure and satisfy himself for all purposes.
No claims of any nature shall be entertained by HTML and the same shall be dealt by the winner and Manufacturer of the Prize separately. Further in case of any any charges/expenses incurred in the transfer of the said prize in the name of the winner, or other costs related to ownership or usage, such costs shall be solely borne by winner alone. HTML is not responsible for any issue related to usage/functioning or quality of the prize.
48. Participation in the contest in any manner implies acceptance of all the terms & conditions associated with the contest.
49. HTML will not be responsible for non-receipt or delayed receipt of SMSs or online forms.
50. All images of the prize used in the advertisements are used for representative purposes only and there may be variations in the specifications mentioned in the ads.