TERMS AND CONDITIONS FOR HT SANTA CLAUS
THESE TERMS & CONDITIONS (HEREINAFTER REFERRED TO AS THE “GENERAL RULES”) ARE APPLICABLE TO ALL THE PARTICIPANTS (THRU GUARDIANS)/ OF HT FOR Santa Claus COMPETITION “(HEREINAFTER REFERRED TO AS THE “COMPETITION”) PROMOTED / ORGANIZED JOINTLY BY M/S HT MEDIA LIMITED (HEREINAFTER REFERRED TO AS “HTML”) THE RULES CAN BE AMENDED OR VARIED FROM TIME TO TIME BY HTML.
1. These Terms & Conditions are the complete and exclusive statements of the understanding between HT Media Ltd (HTML) & Participant (thru guardians) and shall apply to the “HT Santa Claus” (Competition), an Competition to get children to write to Santa about their wishes and be gratified. This Competition to be held by HT Media Limited (HTML). It supersedes all the understanding or other prior understanding, whether oral & written, and all representation or other communications between the HTML & the Participants in the Competition amounts to acceptance of these terms & conditions.
2. The Competition shall commence from 17th December, 2012 to 26th December 2012 and may be extended or discontinued at the sole discretion of HTML.
3. The Competition is open to children from age group of 4-10 years and shall be held in Mumbai, Navi Mumbai and Thane. To participate the participant has to simply email a copy of their letter to firstname.lastname@example.org or post the hard copies to the HT Mumbai office (Mahim branch)- 2nd Floor, Mahalakshmi Engg estate, Behind KJ Khilnani high school, First Cross road, Lady Jamshedji Road, Mahim (west, Mumbai-400016. Two winners will be chosen through lucky draw and will win prizes.
4. Participation in the Competition is purely voluntary. No entry fee is payable for participation in the Competition.
5. HTML shall not be responsible for any loss or damage suffered by the Participant while participating in the Competition. Any Failure by HTML to enforce any of these conditions in any instance(s) shall not give rise to any claim by any person/guardian of the participants. Further HTML shall not be responsible in any way for failure/delays of any backend technology and the resultant inability to upload/scan the drawing by the participant.
6. The participant is solely responsible for any expenses, loss or damages related to the participation in the Competition. Any levies, duties, incidental charges and taxes wherever applicable, shall be borne by the participant. HTML shall not be responsible for any loss or damage suffered by the participants while participating in the Competition.
7. HTML reserves the right to extend the date of the Competition or to cancel, or change the manner in which the participants can enter Competition or discontinue or terminate the Competition at any time or to accept or reject at its absolute discretion without giving any prior notice and without assigning any reason whatsoever.
8. HTML shall have its sole discretion in selecting the winners of the Competition. The winning entries will be chosen by HTML marketing team without any biased intentions. All decisions by HTML regarding the selection of the winning entries shall be final and binding.
9. Failure by HTML to enforce any of these terms and conditions in any instance(s) shall not give rise to any claim by any person.
10. The Participants understands that the letter sent shall not contain any material or information that is obscene, defamatory, libelous, slanderous, that violates any person’s right of publicity, privacy or personality, or has otherwise resulted in any tort, injury, damage or harm to any person and shall indemnify and keep HTML harmless in case of any loss or damage arising thereof.
11. Any attempt by a Participant or guardian of the Participant/person to deliberately damage or undermine the legitimate operation of the activity 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 person to the fullest extent permitted by law.
12. The Competition 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 Competition 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 at ‘Mumbai only.
13. All disputes shall be subject to the exclusive jurisdiction of ‘Mumbai Courts only.
14. 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 these terms & conditions, wholly or in part, or to withdraw the Competition.
15. Any attempt by a person 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 person to the fullest extent as permitted by law.
16. 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.HTML shall have the Intellectual Property Rights over all the entries received.
17. 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.
18. 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.
19. 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 campaign, or for breach of any warranty or in tort.
20. 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 Competition including but not limited to any technical failures in the failure of servers, 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.
21. This Competition is subject to force majeure circumstances i.e. act of God or any circumstance beyond the control of HTML.
22. The Competition 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.
23. Participation in the contest implies acceptance of all the terms & conditions associated with the Competition.