FITNESS-O-HOLIC CONTEST ON MISSION FITTER MUMBAIindia Updated: Oct 15, 2011 03:02 IST
THESE TERMS & CONDITIONS (HEREINAFTER REFERRED TO AS THE “GENERAL RULES”) ARE APPLICABLE TO ALL THE PARTICIPANTS/ OF THE ‘ FITNESS-O-HOLIC’ CONTEST ON MISSION FITTER MUMBAI FACEBOOK PAGE “(HEREINAFTER REFERRED TO AS THE “CAMPAIGN”) 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.
1. Period of the Contest: Start Date October 10th,, 2011 and the End Date October 16th ,2011 only to the members of the Facebook page of Mission Fitter Mumbai. Contest hours would be from 9 AM till 12 midnight.
2. The contest is open for residents of India who have completed 18 years or more as on the date of entering/participating in the contest.
3. Users can participate in this contest by becoming members of the Facebook page of the campaign and then uploading a picture of him/her doing a fitness activity.
4. Users are required to be members of the Facebook page of Mission Fitter Mumbai.
5. HTML will not be responsible in any way for failure of any backend technology of any applications and resultant inability of a user for participation.
• There will be 6 winners in total for the contest who will win the prizes as per the criteria given herein below:
Person who uploads pictures regularly/ daily
Pictures with highest likes
Unique fitness activity (judged by HT Media’s discretion)
6. 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.
7. Winner will be liable to pay the taxes as applicable on the winning prize. The winner will be intimated by HT Media Ltd.
8. The prize shall be given to the winner 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.
9. The winner may collect the prize at the HT Media Ltd. (Mumbai office) or the Prize would be sent by courier, if possible.
10. Though HTML shall make every effort to declare the results of the campaign 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.
11. 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.
12. 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.
13. All decisions by HTML regarding the selection of the winners shall be final and binding
14. 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.
15. HTML shall not be responsible for any loss or damage suffered by the participants while participating in the Contest.
16. Failure by HTML to enforce any of these Rules in any instance(s) shall not give rise to any claim by any person.
17. 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.
18. All disputes shall be subject exclusively to Delhi jurisdiction only.
19. 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, or to withdraw the contest.
20. Any attempt by a participant to deliberately damage or undermine the legitimate operation of the campaign 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
21. 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 campaign
22. 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.
23. 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 campaign, or generally. HTML may promote or advertise that a winner has won the campaign
24. The list of winners will be published within 21 days from the date of closure of the Contest.
25. 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.
26. 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.
27. All prizes shall be claimed by the winners, accompanied with documents specified herein below, from HTML within 30 days 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
28. 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 30 days from holding of the event, having made despite the best efforts. In such a case HTML shall not be liable to proof the efforts made in this regard.
29. HTML at its sole discretion may also waive production of any of the aforesaid documents
30. Failure to claim the prize within the aforesaid 30 days period may result in disqualification and forfeiture of the prize and/or declaration of alternate winner which is at the sole discretion of HTML.
31. 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.
32. The offer in this Contest cannot be used in conjunction with any alternative offer or promotion.
33. Any upgrade with respect to the prize will be borne by the winner and additional amount, if any, would be paid directly by the winner and subject to availability and at the discretion of HTML.
34. 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.
35. HTML reserves the right to change/modify/amend the terms and conditions of the Prize at any time at its sole discretion.
36. 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.
37. 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.
38. This Contest is subject to force majeure circumstances i.e. act of God or any circumstance beyond the control of HTML.
39. 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 Subscriber to comply with the any specified term, condition and/or formality shall render the Subscriber liable for disqualification at the sole discretion of HTML.
40. 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.
41. 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.
42. Participation in the contest implies acceptance of all the terms & conditions associated with the contest.
First Published: Oct 14, 2011 23:40 IST