Terms and Conditions for HT Café 12 Days of Christmas contest
These terms & conditions (hereinafter referred to as the “T&C”) are applicable to all the participants of the HT Café 12 Days of Christmas Contest (hereinafter referred to as the “Competition”) promoted / organized by HT Media Limited (hereinafter referred to as “HTML”). The rules can be amended or varied from time to time by HTML.
1. These T&C are the complete and exclusive statements of the understanding between HTML & the entrants to this Competition (hereinafter referred to as “Participant”). It supersedes all the understanding or other prior understanding, whether oral & written, and all representation or other communications between HTML & the Participant and amounts to acceptance of these terms & conditions.
2. By participating in this competition, a Participant unconditionally and irrevocably accepts and agrees to be bound by all these terms and conditions as stated herein. This competition is subject to the laws of India, and is not offered outside of India.
3. HTML shall not be responsible for any entrant entering the Competition unlawfully or otherwise in breach of local law.
4. Information on how to enter and prizes form part of the T&C to the Competition.
5. HTML reserves the right, in its sole and absolute discretion, to amend or vary any of the T&C at any time without prior notice.
6. HTML reserves the right, in its sole and absolute discretion, to terminate or disqualify any Participant’s entry for the Competition or reclaim the prize at any time if it is the opinion of HTML that there has been a breach of any of the Terms by such entrant (whether discovered during or after the end of the Competition).
Entry to the Competition
7. Entry to the Competition is open to anyone aged, that are of 18 years and above and are of sound-mind on the date of entry and residing in Mumbai, Thane and Navi Mumbai.
8. To participate, each entrant is required to vote for their most stylish icon by messaging HT Café CHRISTMAS to 54242. HTML will not be responsible in any way for failure of any backend technology of any applications and resultant inability of a Participant for participation.
9. The Competition will take place from 13 December 2014 to 24 December 2014 (EOD) Dates are subject to change without notice.
10. Any entry submitted after 24 December 2014 shall be void. In the event of any discrepancy as to the date and/or time of submission of an entry for the Competition, HTML shall have the final decision in resolving such discrepancy.
11. At the end of each,day, HTML shall select one lucky winner. All decisions by HTML regarding the selection of the winning entries and the prizes shall be final and binding. At the end of 12 days, one lucky winner will be selected for the Bumper prize from among those who participated in the contest daily.
12. The HTML decisions as to any entry eligibility and the winning entries will be final and binding. No correspondence will be entered into about the Competition or the judges’ decisions.
Announcement of Winner
13. The winners will be notified with details on how to claim their prize by the HT Marketing team Winner will be notified separately by telephone/ email and will be required to acknowledge receipt of such email on that day itself, or their prize will be forfeited. Only one attempt shall be made to contact the winner on his/her mobile number and as provided for by the Participant. In the event of non-availability of the concerned winner, the prize shall lapse. HTML shall reserve the right to select any alternate winner in the event the prize cannot be given to the original winner.
One winner will be randomly selected each day and will win gift vouchers or gift hampers provided by our partners. Bumper prize will go to one randomly selected participant who participated in the contest across 12 days. Taxes, levies, charges, etc payable if any on the prizes distributed shall be the liability of the winners.
14. The prizes in the Competition may be subject to variation at the discretion of HTML, and any change will be final and binding upon every person who enters the Competition.
15. The prize for the Competition will be given to the winner as set out in the Terms. The winner must accept his/her prize in that form. Prizes are non-negotiable, non-transferable, non-refundable and not exchangeable for cash credit or kind, either in part or in full except at the sole and absolute discretion of HTML.
16. HTML reserves the right in its sole and absolute discretion to deal with any unclaimed prizes in any manner.
17. HTML shall not be liable in any way for any failure or breach by any party in connection with the Competition, prize or prizes and accepts no responsibility for any loss suffered by an entrant arising from the Competition, prize or prizes.
18. Any winner of the Competition may, at no cost to HTML, be requested to participate in public relations events tied to the campaign to generate press coverage of the Competition. This may include, but not be limited to, quotes given for inclusion in press releases and press conferences, interviews, etc.
19. By participating in the Competition, the Participants agree:
(a) to use their name and/or likeness, without compensation, for HTML promotional and marketing purposes; and
(b) to use their answers to the Competition questions, without compensation, for HTML’s promotional and marketing purposes.
20. HTML, in its absolute discretion reserves the right at anytime, without giving any prior notice to the Participants, to add, alter, modify, change or vary all or any of T&C, wholly or in part, or to withdraw the Competition.
21. Any attempt by a Participant to deliberately damage or undermine the legitimate operation of the Competition 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 Participant to the fullest extent as permitted by law.
22. All entries will be treated as the property of HTML only and can be used by HTML (or any third party authorized by HTML in this regard) 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 Competition.
23. 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.
24. 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 Competition, or generally. HTML may promote or advertise that a winner has won the Competition.
25. 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 Competition, or for breach of any warranty or in tort.
26. Each entrant shall indemnify HTML, its agents, employees, representatives, associates, affiliates, parent and subsidiary companies against any and all claim, losses, costs, damages, liability and expenses arising out of the entrant’s breach of any of the T&C.
27. Each entrant, by entering the Competition, expressly releases HTML from any claim, action or demand arising out of or in connection with the Competition or their prize, if any.
28. HTML shall not assume any responsibility for incorrect or inaccurate capture of any entrants' information. This will include but not limited to technical malfunctions, human or technical error, seeding or printing errors, lost or delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof.
29. If, for any reason, the Competition is not capable of running as planned, including but not limited to the reasons of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of HTML which corrupts or affects the administration security, fairness, integrity or proper conduct of the Competition, HTML reserves the right to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Competition.
30. The laws of the India govern these T&C and the Competition. The courts of the Mumbai will have exclusive jurisdiction in case of any dispute arising under the T&C and/or the Competition.
31. Any provision of the T&C that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of that prohibition or unenforceability. That does not affect the validity or enforceability of that provision in any other jurisdiction nor invalidate the remaining provisions of the T&C.
32. HTML shall not be responsible for any loss or damage suffered by the participants while participating in the Competition.
33. Failure by HTML to enforce any of these Rules in any instance(s) shall not give rise to any claim by any person.
34. This Competition is being created as a promotional activity for HTML and all goodwill, copyright, moral rights or other intellectual rights associated there from shall vest exclusively with HTML.
35. The Competition is valid subject to the winner complying with all T&C and/or formalities as required by HTML. Any failure on the part of the Participant to comply with any specified term, condition and/or formality shall render the Participant liable for disqualification at the sole discretion of HTML.