Tata Play - Recharge Karo Car Jeeto Contest 2021 Terms & Conditions
Important:
Contest |
TATA PLAY- Recharge Karo Car Jeeto Contest 2020 |
Contest Management |
Personnel from TATA PLAY and/or organizers who are responsible for the overall conduct of the Contest |
Participant |
Any person who has entered the Contest by registering on the Contest webpage on the stated date post viewing the communication |
Terms and Conditions (“T&C” or “Terms”) |
These terms governing the Contest, as may be amended from time to time by the Contest Management |
Website |
https://qa-portal.tataplay.com/campaigns/recharge-contest?source=web |
Winner |
means any successful Participant who is selected on the twofold basis of his/her superior skills and predetermined selection parameters who is thereafter deemed eligible for receiving the Prize herein. |
- By participating in the Contest, the Participant agrees to abide by and be bound by these Terms.
- These Terms may be modified without any prior notification. The Participant is advised to regularly review these Terms. If there is any disagreement with any of the Terms and any amendments thereto, the Participant is advised not to participate in the Contest.
- The prizes/rewards may be changed/modified/split/merged/increased or cancelled by the Contest Management based on the number and quality of entries received
- In the event that no Participants are found to be worthy of inclusion by the Contest Management, the prizes may be cancelled. The decision of the Contest Management in this regard will be final and non-contestable. The Contest Management will not entertain any queries in this regard whatsoever
Please read these Terms & Conditions before entering the ‘TATA PLAY – Recharge Karo Car Jeeto 2021 Contest (the “Contest”) to be hosted and organized by Tata Play Limited (“Tata Play”) and sponsored by Tata Motors Limited (‘Tata Motors’’) for eligible Tata Play Subscribers (“Subscriber”). A total of 30 Participants stand a chance to win in this Contest. This is subject to change based on the contest management
Participation in the Contest is purely voluntary and at the sole discretion of the Subscriber. By participating in the Contest, you agree to be bound by these Terms & Conditions including any amendments and modifications hereto and represent that you satisfy all of the eligibility requirements set out herein below.
- CONTEST INFORMATION:
- Who can participate:
This Contest is open to the entire Tata Play subscriber base including:
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- subscribers with an active account status; or
- inactive account status, or
- The purchase should be made only in Indian Rupee (INR)
- The participant can’t club multiple purchases to make it a transaction of INR 500. The participant has to do a minimum of INR 500 in one transaction
- new account activations during the Contest Period, provided: (i) on the day of activation, Subscriber has a minimum of more than Rs. 500/- balance in his/her Tata Play account by end of the day when he/she participates in the Contest; and (ii) Subscriber subscribes to any one or more of the following South LDP Acquisition Packs and ROI LDP Acquisition Packs (“Packages”):
South LDP Acquisition Packs |
Semi-Annual Tamil Starter |
Semi-Annual Tamil Starter HD Zapper |
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Semi-Annual Tamil Super |
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Semi-Annual Tamil Super HD |
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Semi-Annual Telugu Value 1 |
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Semi-Annual Telugu Value HD |
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Semi-Annual Telugu Super HD |
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Semi-Annual Kannada Value |
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Semi-Annual Kannada Value HD |
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Semi-Annual Kerala Super |
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Semi-Annual Kerala Super HDS |
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Semi-Annual Kerala Super HD New |
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Semi-Annual Kerala Prime HDS |
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Semi-Annual Kannada Hindi Basic |
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Tamil Starter 1M |
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Annual Tamil Lite New |
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Semi-Annual Kannada Value Plus |
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Semi-Annual Kannada Basic HDS |
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Semi-Annual Telugu Prime on HD Zapper |
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Semi-Annual Telugu Prime New HDS |
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Semi-Annual Tamil Lite Plus on HD Zapper |
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Semi-Annual Tamil Lite Plus New HDS |
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Semi-Annual Kannada Value on HD Zapper |
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Semi-Annual Kannada Value Plus on HD Zapper |
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Semi-Annual Hindi Kannada Marathi on HD Zapper |
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ROI LDP Acquisition Packs |
Annual Hindi Bachat |
Annual Hindi Value New on SD Zapper |
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Annual Hindi Value New on HD Zapper |
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Semi-Annual Bengali Value |
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Semi-Annual Odia Value |
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Semi-Annual Hindi Basic |
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Semi-Annual Hindi Basic HD |
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Semi-Annual Gujarati Hindi Basic |
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Semi-Annual Marathi Hindi Basic |
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Semi-Annual Marathi Hindi Basic HD |
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Annual Hindi Value New |
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Annual Hindi Value New on SD Zapper |
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Annual Marathi Hindi Value |
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Semi-Annual Marathi Hindi Value |
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Annual Odia Hindi Value |
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Semi-Annual Odia Value HD New |
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Semi-Annual Hindi Lite |
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Semi-Annual Hindi Lite HD |
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Semi-Annual Gujarati Lite |
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Annual Hindi Lite |
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Annual Hindi Lite HD |
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Semi-Annual Bengali Value HD |
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Semi-Annual Odia Value HD |
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Semi-Annual Punjab Super |
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Semi-Annual Bengali Lite Plus |
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Semi-Annual Bengali Lite Plus HD |
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Semi-Annual Hindi Bachat Plus |
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- who are Indian citizens of 18 years of age or above at the time of participating in the Contest, residing in India, (“Participants”), except the following persons who shall not be entitled to participate in this Contest:
- Tata Play’s & Tata Motors’ employees;
- Tata Play’s business associates such as dealers, FOS (Fleet on Street), TSRA (Tata Play Remote Associates), distributors, ISPs (Installation Service Providers), etc. and all third parties directly or indirectly involved in distribution of Tata Play products and services;
- Corporate, commercial and enterprise Tata Play accounts, including any free or VIP Tata Play accounts;
- any person who is a minor;
- any person with criminal convictions or persons who are ineligible to participate in the Contest;
- further participation in the Contest shall be restricted for the following states:
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- Telangana
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- The final eligibility of the Participants will be subject to the discretion and approval of the Contest Management
- A Participant may be disqualified if there is any conflict with any existing parties of TATA PLAY, even if this is identified at any point of time during/after the Contest
- If the Participant is found to have plagiarized any aspect of his/her entry, the Participant will be disqualified.
- The date of announcing the winners can be modified as per the discretion of the Contest Management
- Contest Period:
This Contest will be open for the period starting on 8th January 2021 00:00 hours (IST) and ending on 6th February 2021 at 23:59 hours (IST) (“Contest Period”). The contest management holds the right to extend/cancel/modify the dates of the contest on their discretion.
- Steps to participate:
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- Recharge:
Participants who do a single recharge of their Tata Play account for more than or equal to Rs. 500 in a day during the Contest Period will be provided the opportunity to participate in the Contest as an additional benefit to the recharge done by them.
Participants can recharge their account by submitting their Registered Mobile Number (RMN)/Subscriber ID and following the recharge process on any of the following platforms:
- Tata Play website: www.tatakplay.com
- Tata Play Quick Recharge: www.tplay.in/Recharge/QuickRecharge
- Tata Play Mobile Application
- Use any payment wallets (e.g. Amazon Pay, Google Pay, Phone Pe, Lazy Pay etc.)
- Contacting their local authorized dealer for a recharge voucher or pay using an electronic Top Up
- Submission of Entry:
- On successful recharge of the Tata Play account on any of the Tata Play platforms i.e. Tata Play website/Tata Play app, a link to the Contest question page will be displayed on the recharge completion page;
- Link will be directed to Contest question page: https://qa-portal.tataplay.com/campaigns/recharge-contest;
- In case of successful recharges of Rs. 500 or more done through the modes mentioned in point 3(a) above, the Participant will receive an SMS on their RMN with a link to the Contest question page. It is hereby clarified that in case of new activations, recharges made towards purchase of the Set Top Box or CPE, or towards installation and activation fees/charges shall not be eligible to be counted in the value of recharge eligible for the Contest;
- Participant must visit the link to the Contest question page and submit their answer on the same day when recharge is done by him/her. Participants can also submit their answer within 10 minutes before the completion of their recharge done on the same day. However, any answer submitted before 10 minutes of recharge, will not be considered. The Contest question page will display only 1 (one) question with 2 answer options (1 correct and 1 incorrect);
- Participant must select one of the options and click on the ‘submit’ button to submit their answer to the question on the same day when recharge is done, during the Contest Period to qualify to participate in the Contest (“Entry”);
- Participant can do multiple recharges of Rs. 500 or more within a day and submit their answer to the Contest question on the same day once for each Rs. 500 recharges;
- In a day a participant can apply multiple times provided he/she is doing a recharge of Rs. 500 or more multiple times during a particular day. However, if the participant is recharging only once during a particular day but using the same link to answer the skill-based question multiple times, then the first submitted answer will be considered
- Question answered before a successful recharge of amount of Rs. 500/- or more, shall not be considered and be automatically disqualified
- In case of new activations of Tata Play account, the eligibility for participation shall be determined when 2 conditions are met – 1) the answer to the Contest question should be given on the date of activation, after activation is complete, 2) customer balance at the end of the activation date is >=Rs.500 or the customer is active on a long duration pack;
- Any fraudulent/fake transactions will be automatically disqualified from the contest even if it is discovered on a later date
- Examples of successful and unsuccessful entries:
- Participant submits the answer to the Contest question at 9:00am and recharges his/her account at 11:00am. The Entry shall not be eligible as the answer is submitted before the recharge was done.
- Participant recharges his/her account at 11:00am, and 11:05am, and submits the answer to Contest questions at 5:00pm, and 5:05pm and at both instances Participant has answered the question correctly. Participant will get 2 Entries to the Contest. First Entry will be picked up as 1st eligible recharge done at 11:00am and 1st answer submitted at 5:00pm. Second Entry will be 2nd eligible recharge done at 11:05am and 2nd answer submitted at 5:05pm.
- Participant recharges his/her account at 11:00am, and 11:05am, and submits the answer to the Contest question correctly at 5:00pm, and incorrectly at 5:05pm. Participant also submits a correct again at 5:10pm. Participant will get only 1 Entry to the Contest. First Entry will be picked up as 1st eligible recharge done at 11:00am and 1st answer submitted at 5:00pm. Second Entry of 2nd recharge done at 11:05am will not be eligible as 2nd incorrect answer was submitted at 5:05pm. The third answer entry is null and void without a recharge.
- Winner Selection:
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- All correct and eligible Entries of a day will enter into a draw on the next day;
- Winner will be selected through a randomized computer based selection method (‘Computerized Draw’), during the Contest Period (‘Winner(s)’);
- One Winner per day will be declared by Tata Play during the entire duration of the Contest Period;
- Winners will be eligible to receive Gratification as per the terms and conditions mentioned herein
- The refund & exchange policy will be applicable as per the terms and conditions defined by the Tata Motors dealership. Tata Play will not be responsible for the same.
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- Gratification:
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- Each Winner will receive a gratification from Tata Motors in the form of 1 Tata Tiago XE (Petrol) Grey color car model having ex-showroom price of Rs. 4,70,000/- (Rupees Four Lakh Seventy Thousand Only) (“Gratification”). Accordingly, Tata Motors will sponsor a total of 30 units of cars, i.e. 1 car unit for each Winner as Gratification under this Contest
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- One Participant can only win the Gratification only once in the entire Contest Period. The Winner shall have the option to choose any available color of Tiago XE, or any variant of Tiago or any other Tata Motors car model, subject to Tata Motor’s discretion and approval. In case of any variation in the car chosen by the Winner if approved by Tata Motors, the Winner will have to pay the differential price over and above the agreed price of the Gratification received i.e. Rs. 4.7 Lacs. In case there’s an increase in the ex-showroom price of the Gratification, then the Winner will have to bear the extra price over and above the committed price of the Gratification of Rs. 4.7 Lacs. Winners must make the payment of such differential price via mode and manner as instructed by Tata Motors
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- Any and all costs/taxes/levies including but not limited to prize/gift tax, income tax, RTO charges, TDS, regulatory/statutory duties, cess, levies, insurance, transfer fees, registration fees, road tax, octroi etc. as applicable under the laws of India, which may be applicable to avail/use the Gratification, shall be borne solely by the Winner. Winners shall be solely responsible for seeking professional tax advice from their respective tax advisors with regard to the payment of taxes, at their own cost. Winners can make the payment towards taxes online by visiting the following link: https://onlineservices.tin.egov-nsdl.com/etaxnew/tdsnontds.jsp. Thereafter, Winner to submit the proof of payment generated post making the payment toward taxes to Tata Motors and/or Tata Play for receiving the Gratification.
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- Tata Play will endeavor to telephonically contact the Winners within 48 hours from the time Winner is declared by Tata Play; on their RMN to inform them about their winning the Contest and the process to be followed to claim the Gratification
- Contest management is not responsible if a call to a winner is not successful due to:
- Line being busy
- Congestion
- No answer received
- Poor call conditions/ unclear reception
- Number engaged
- Call drop
- If the Winner doesn’t respond to the first call, two more attempts shall be made by Tata Play to contact the Winner on best effort. In case of no response from the Winner so contacted Tata Play shall at its sole discretion, move on to the next/alternate Winner;
- Once the Winner is contacted by Tata Play and informed about the win and process to claim the Gratification, the Winner if accepting the Gratification must share a confirmation via email on carjeeto@tataplay.com stating his Subscriber ID and name in the subject line of the email within 10 minutes of Tata Play’s contact, as per the terms hereof;
- On receipt of Winner’s confirmation email by Tata Play, a confirmation email from carjeeto@tataplay.com, with a list of required documents/information, will be sent by Tata Play to the Winner wherein Winner shall have to accept the Gratification and share the documents/information as mentioned in the email sent by Tata Play within 2 hours of receiving such email from Tata Play;
- If Winner disagrees to follow the steps required by Tata Play and/or Tata Motors to claim and receive the Gratification then, Tata Play on receipt of such information by Tata Motors, shall have the right to disqualify such Winner and, at its sole discretion, shall select an alternate winner;
- Once Winner has shared his/her consent to claim the Gratification and has agreed to follow the process as required, then Tata Play shall have the right to use his/her details for promotional purposes in any form and medium. If at a later date, such Winner withdraws/refuses to follow the process at any stage then Tata Play, at its sole discretion, shall disqualify such Winner and select an alternate winner within 3 weeks’ time of such disqualification.
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- Tata Motors will endeavor to contact the Winners via Calls, and/or SMS and/or Emails within 48 working hours of receipt of Winner’s confirmation and required documents to claim the Gratification, to confirm their address, and to receive the proof of payment for the payment made towards necessary payments for claiming the Gratification. Once the necessary payments made through Demand Draft/Banker’s Cheque is credited to Tata Motor’s account towards the differential price over and above the agreed price of the Gratification received i.e. Rs. 4.7 Lacs (if any), and the proof of payment is received for the payments made towards taxes, Tata Motors will intimate the Winner confirming the Gratification and the city and dealership where he/she will receive the Gratification.
- On receipt of necessary payments from the Winners, Tata Motors will endeavor to deliver the Gratification to the nearest dealership of the Winners within 6-8 weeks on a best effort basis. Tata Motors will share the Winner details with the dealership and the dealership will contact the Winner when the Gratification has arrived and is ready to be delivered to the Winner. The delivery dates of the Gratification may vary for each Winner, depending on the variation opted for in Gratification, realization of Demand Draft/Banker’s Cheque submitted, geographical location of the dealership etc. Winner may contact the dealership for all further communication/follow-up/query as Tata Play will not be a part of the Gratification disbursement process
- As and when required by Tata Play or Tata Motors, and on final delivery of the Gratification to the Winner, the Winner agrees to make himself/herself available and co-operate with Tata Motors and participate in any activity and/or campaign including but limited to getting photographed and/or videographed (“Promotional Activity”) of any nature whatsoever without any benefits/money payable to the Winner(s). The Winner(s) agrees that the rights in footage of any nature with regard to them, resulting from the Promotional Activity shall vest solely with Tata Play, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity
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- The Gratification is provided by Tata Motors on a best effort and “as is” basis. Tata Play and Tata Motors makes no warranty or representation, either express or implied, with regard to the type, quality or fitness or merchantability of the Gratification under the Contest. Tata Play and Tata Motors reserve the right to decide or change the object, value or any related thing to the Gratification
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- Participants agree not to hold Tata Play responsible for matter relating to the Gratification including any associated operations/costs like Gratification disbursement, logistics, taxation, etc. For avoidance of doubt, it is clarified that Tata Play shall not be responsible for facilitating or completing the transactions between Tata Motors and Winners nor shall Tata Play be responsible for Tata Motors disagreeing and/or is unwilling to deliver the Gratification to the Winners for any reasons including disagreement between Winner and Tata Motors in connection with the Gratification
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- Whenever called for, Participants and Winners will be required to complete all formalities as may be communicated by Tata Motors, Tata Play and/or its affiliate including but not limited to providing his/her authentic and correct information or other required documents, failing which he/she shall be disqualified at any time or at any stage. In case false information is revealed at any time after participation, the Participant(s) shall be liable to return all benefits/Gratification provided under this Contest. Winner(s) shall unequivocally and completely comply with the following requirement simultaneously for claiming the Gratification:
- Submit 4 recent passport sized color photographs to Tata Play or Tata Motors, as and when required;
- Provide proof of identity, age and address e.g. copy of Driving License, Aadhar Card/ Passport, or other documents as required by Tata Play or Tata Motors to deliver the Gratification;
- Be responsible for payments of applicable taxes and charges for receiving the Gratification and obtain registration, consents, permissions, approvals, etc. under applicable laws in relation to the Gratification including under the New Motor Vehicles Act, 2019. Winner shall be required comply with aforesaid in order to be eligible to receive the Gratification;
- Submit a scanned copy of a Letter of Compliance with rules and regulations and declarations in the format as may be required by Tata Play and/or Tata Motors via email;
- Submit a scanned copy of a Letter of Acceptance of the Gratification after agreeing to pay TDS (at applicable rate), and any other applicable taxes, cess and duties, as required by Tata Play and/or Tata Motors via email;
- Submit the original and attested copies of the Letter of Compliance and Letter of Acceptance as and when instructed by Tata Play and/or Tata Motors
- Make online payment for TDS or all other taxes as applicable
Note: In case of any failure on the part of the Participant and Winners to comply with requests/ directions issued by Tata Play or Tata Motors, or in the event of any ambiguity/uncertainty/unavailability as to the identity of the Participant/Winners, Tata Play and Tata Motors shall, in their own discretion, be entitled to cancel the Gratification for the said Winner.
- SPECIAL TERMS AND CONDITIONS:
- Entries submitted in any manner other than specified in the Contest Information above will be automatically disqualified.
- Participants indulging in any malpractice, or using fake identity/numbers to send Entries will be automatically disqualified. The decision of Tata Play in this regard shall be final and binding.
- Account Suspension and Recharge reversals: Participants will not be allowed to suspend/de-activate their Tata Play account and/or be allowed a refund of the recharge made during the Contest Period and 60 days thereafter.
- Selection of Winners shall be done solely at Tata Play’s discretion, and the final list of Winners will be published by Tata Play on the same URL where the Contest question was answered by Participants.
- Only Winner as a Tata Play account holder can claim the Gratification, no relatives shall have any right or claim over the Gratification.
- If the Winner is deceased at the time he/she is declared as a Winner then Gratification will not be disbursed to his/her relative;
- If the Winner is found to be less than 18 years of age then no Gratification will be issued to him/her.
- If any Winner has used his/her own RMN to participate in this Contest, but Tata Play account is registered in any of his family member’s name for e.g. Tata Play connection is registered in father’s name then Gratification will be issued only in father’s name and can be claimed only when the Winner submits the father’s documents as required by Tata Motors;
- The distribution of Gratification shall be at the sole discretion of Tata Play. Tata Play or Tata Motors may substitute or change the Gratification offered under Contest at any time without prior notice, and the Participants/Winners shall not be entitled to claim any damages or any kind of monies from Tata Play or Tata Motors. All decisions made by Tata Play & Tata Motors in connection with the aforesaid Contest shall be final and binding on the Participants and Winners. Participants and Winners acknowledge that they will not receive any compensation, benefits etc. except as mentioned herein and hereby release Tata Play and Tata Motors and their agent and assigns from any and all claims which may arise out of or are in any way connected with the Contest. Participants and Winners shall not substitute the Gratification for other items or exchange for cash. Gratification shall be non-transferable, non-exchangeable, not for resale.
- Tata Play will have the right to share the Participant’s contact details with Tata Motors for the purpose of contacting the Winner(s) or for any other purpose related to the Contest. Tata Motors will further share the contact details of the Participant with their logistics partner, dealership and other agents as required to deliver the Gratification. The Participant shall not in any way hold Tata Play and/or Tata Motors responsible for the use of such information by Tata Motors.
- Tata Play’s decision regarding correct entries and/or Winner(s) shall be final. No correspondence will be entertained by Tata Play or Tata Motors in this regard.
- Participants hereby authorizes Tata Play and Tata Motors to communicate with him/her from time to time through telecommunication, SMS, email etc. about the matters connected with the Contest. Tata Play will contact the Winners by sending direct messages/calls on their RMN or ARMN which is registered with Tata Play to inform about the Gratification, thereafter Tata Motors shall endeavor to contact to coordinate with the Winners to send across the Gratification.
- Tata Motors will endeavor to deliver the Gratification to the Winners, via its logistics partner, to Winners’ nearest dealership within 10-15 weeks from the date of announcing the Winners. The Gratification shall be at showroom condition and no extra accessories shall be provided. Any damage or fault of the Gratification shall be covered by the manufacturer’s warranty and Tata Play shall not have any responsibility for the same.
- Winners shall be responsible for coordinating with Tata Motors in connection with the delivery of Gratification. Tata Motors shall not be liable to disburse the Gratification in case it is unable to contact the Winner despite making reasonable efforts or in case the Winner fails to revert to Tata Play or Tata Motors to claim his/her Gratification or provide details of their address within 4 hours of Tata Motors contacting the Winner. The Winners also agree that they will not dispute the car model/value of the Gratification so offered under this Contest. If the Winner refuses to accept the Gratification offered, Tata Play or Tata Motors shall not be responsible for the same and Tata Play and Tata Motors shall be completely released from any and all obligations towards the Winners in connection with the Gratification won by such Winner. In any such event, Tata Play shall in its sole and absolute discretion be entitled to select an alternate Winner, by way of Computerized Draw as per these Terms, and transfer the Gratification to such Winner so selected.
- Winner will have to register the Gratification (Tata Tiago XE) in the same name as registered as Tata Play subscriber. Tata Motors shall not issue the Gratification in any other name whatsoever be the reason.
- Tata Play and Tata Motors reserve the right to forfeit the Gratification in the event it is found by Tata Play or Tata Motors that any information provided by the Winner(s) are wrong or any misrepresentation is made by the Winner(s). In any such event, Tata Play shall in its sole and absolute discretion be entitled to select an alternate Winner, by way of Computerized Draw as per these Terms, and transfer the Gratification to such Winner so selected.
- Tata Play shall not be liable for any loss/non-delivery of Gratification due to incorrect mobile number/email/postal address or any other incorrect information provided by the Winner.
- Tata Play shall not be responsible for any cost, expense or other liability whatsoever in relation to, arising from or connected with Gratification or its quality. Tata Play makes no representation as to the quality, suitability or merchantability; and extends no guarantee or warranty relating to Gratification. Tata Play shall not be responsible for any injury (including death), mental trauma, loss, damage or other consequence whatsoever arising from, suffered or incurred by Winners from or in relation to the Gratification. Tata Play assumes no responsibility for non-receipt of Gratification by the Winner(s) or for any damage, loss, injury or disappointment suffered by any Participant/Winner participating in Contest or as a result of accepting any Gratification.
- The Gratification images used in the Contest advertisements / promotional materials are only illustrative in nature and the actual Gratification may differ from the illustrative image.
- Participants shall be solely responsible for any costs and expenses incurred towards internet connection charges, e-mail transmission charges, data transfer (send/receive) charges, mobile connection charges or other incidental costs or expenses as may be applicable, inclusive or exclusive of any other service charges, applicable taxes, levies, duties, etc. depending upon the service provider.
- Mere participation in the Contest does not entitle the Participant to receive a Gratification.
- Tata Play assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line-failure, destruction, unauthorized access to, or alteration of Entries. Tata Play and any of its subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies shall not be responsible for: (a) any problems or technical malfunction of any telephone, telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, hardware or other computer or communication related malfunctions; (b) any late, lost, misrouted, garbled, distorted, or damaged transmission of Entries or failure of any Entry to be received by Tata Play on account of any technical problems or traffic congestion on telecommunication service provider’s network / system, the Internet or at any web site, or any combination of them, including any injury or damage to any Participant’s or any other person's computer related to or resulting from participation or downloading any content or material for Contest; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Tata Play; (d) any printing or typographical errors in any materials associated with the Contest. Any dispute in connection to the same shall be settled between the Participant and the service provider without involving Tata Play.
- Tata Play does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participants or furnish any reason or explanation for inclusion and, or, exclusion of any particular submission or the Entry of a Participants at any stage of the Contest.
- Tata Play reserves the right to modify, amend or alter the rules governing the Contest in its sole discretion without giving any prior notice. Tata Play also reserves the right to modify, cancel, extend and/or discontinue the Contest or any part thereof at any stage without assigning any reason and without giving any prior notice and without any liability.
- The Participant(s) understand and agree that Tata Play will only be hosting, and organizing the Contest and the actual selection of Winners; however, Gratification distribution and the event thereafter shall be the sole responsibility of Tata Motors, and the Participant(s) shall not in any manner hold Tata Play responsible for any issues, losses, damages that the Participant(s) may suffer due their participation in the Contest.
- Winners agree to have waived their right to raise any dispute with regard to the Gratification and/or in any manner whatsoever in connection to the Gratification and Contest.
- Non-conformance by any Participant(s) and/or the Winner(s), of the rules of the Contest will disqualify the Participant (s) and/or the Winner(s) from participation or winning, immediately, as the case may be.
- By participating in the Contest, it shall be construed that the Participant(s) has undertaken to hold harmless Tata Play its employees, officers or any other person in relation to any injury/damage/harm/loss suffered by him/her while participating in the Contest.
- The Winner(s) agree that if due to any reason, whatsoever, beyond the control of Tata Play or Tata Motors, the Gratification and/or anything relating to the Gratification and/or the enjoyment of the Gratification and/or anything included in the Gratification becomes ineffective or invalid, neither Tata Play nor Tata Motors shall be held responsible for the same.
- GENERAL TERMS AND CONDITIONS
- The Participant agrees to abide to all the laws of India, and shall indemnify and hold harmless Tata Play and its group companies/officials/directors/sister concerns/parent company or its affiliate from any loss that may occur to Tata Play or any liability/damage/cost/cost of litigation/cost of attorney/third party liabilities/claims resulting due to non-adherence to these terms and conditions.
- Tata Play is not liable for the damages/ loss that the Participant may suffer to his/ her device or Instrument or Cell Phone or otherwise any loss/ damages arising out of his/ her participation in this Contest or loss of content of Contest of any Participants.
- Tata Play and Tata Motors will not be responsible for any loss or damage caused to the Participants if the Contest is cancelled and/or withdrawn or if the Participants are not able to participate or if the Winner is unable to avail the benefits of the Gratification due to any reason whatsoever, including due to a Force Majeure Event, including without limitation, for reasons beyond the reasonable control of Tata Play such as war, natural calamities, epidemics, pandemics, floods, failure of telecommunication network, etc. The Participants agree that if due to any reason, whatsoever, beyond the control of Tata Play, the Gratification and/or anything relating to the Gratification and/or the enjoyment of the Gratification and/or anything included in the Gratification becomes ineffective or invalid, Tata Play shall not be held responsible for the same.
- Any and all costs/taxes/levies including but not limited to gift tax, RTO charges, TDS, regulatory/statutory duties, cess, levies, insurance, transfer fees, registration fees, road tax, octroi etc. as applicable under the laws of India, which may be applicable to avail/use the Gratification, shall be borne solely by the Winner in relation to the Gratification.
- Further, by Participant’s participation in the Contest it shall be construed that the Participant has waived her/his right to file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum against Tata Play to claim any damages or reliefs or otherwise in relation to this Contest.
- In addition to the terms and conditions stated here, Participants shall be bound by the terms and conditions stipulated in the Subscription Contract, and such other documents, all found on the Tata Play website - qa-portal.tataplay.com. The documents referred above will be collectively referred herein as 'Subscription Contract'.
- The Participant’s database of mobile numbers/email IDs can be used by Tata Play in future for any lawful purpose as deemed fit by Tata Play and Participants unequivocally agree and consent for the same.
- The Participants and/or any person through the Participants shall waive any and all right that such an individual may have to claim ambiguity in these terms and conditions and agrees to release, indemnify and hold harmless Tata Play and its respective affiliates, advertising and promotion agencies, and its respective agents, partners, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from Participants participating in this Contest.
- The participation of the Participants in the Contest shall mean that the Participant has read, understood, accepted and agrees to abide with all the rules including the general rules of the Contest.
- Tata Play shall not be responsible for any problems that Participants may face while using the Gratification and any disputes/complaints/grievances should be taken up with and settled with Tata Motors directly.
- In no event shall Tata Play be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Gratification; (b) unauthorized access to or alteration of the transmissions or data; (c) any other matter relating to the Gratification offered; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Gratification. The Participant shall also be governed by the terms & conditions of Tata Motors with regard to the Gratification as may be available on their website.
- General Release. By entering the Contest, Participant agrees to indemnify Tata Play, its licensors/participating sponsors and any of its subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Indemnified Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, wrong delivery, acceptance, possession, use of or inability to use any Gratification (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
- The Participants unconditionally agrees that he/she shall not: do anything which violates any of these terms and condition; make any misrepresentation; do anything that does not comply with generally accepted internet etiquette including (without limitation); post material that infringes copyright/ trade mark / intellectual property rights of Tata Play or any third party; post information that he/ she knows to be confidential or sensitive or otherwise in breach of the law.
- Tata Play shall not be responsible for printing or typographical errors in any promotional materials; or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access the Tata Play website or process any transaction thereon.
- In the event of any inconsistency between the Subscription Contract and these terms and conditions, in so far as this Contest is concerned the later shall prevail.
- Headings used herein are for convenience only and do not affect the interpretation of this Contest.
- Any disputes, differences or questions, which may arise at any time hereafter between Tata Play and the Participant (individually referred to as ‘Party’, and collectively as ‘Parties’), touching the true construction of this terms and condition or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other Party in writing failing which the dispute shall be referred to a sole arbitrator of the Indian Council of Arbitration (ICA). The arbitration shall be conducted in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act, 1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Mumbai and the Courts at Mumbai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties.
- Subject to the arbitration clause, these terms and conditions shall be construed and governed by the laws of India. Participants/Winners agree to submit to the sole and exclusive jurisdiction of the courts of Mumbai.
Disclaimers
- The Contest Management is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical in-contest management, death, mental trauma caused to any Participant(s) / Participant(s) in any manner whatsoever, in relation to the Contest.
- The Contest Management or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant(s) arising as a result of participation of the Participant(s) in the Contest, if selected
- Contest Management and its sub-contractors cannot and shall not be held accountable/liable for any disruptions / stoppages / interruptions or cancellation of the Contest on account of any factors beyond their control.
- The Participant(s) hereby agree to indemnify the Contest Management or its affiliates against any claims that might arise from their actions or omissions or representations or information provided by them about themselves and about the Participant(s) at any time.
- The Participant(s) agrees that he/she shall hold harmless the Contest Management and the Company, its employees, officers, sub-contractors or any other person in connection with the prize won and/or in relation to the Contest including but not limited to the procedure in the Contest and shall also not file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against sponsor and/or the Company/Contest Management to claim any damages or relief