BY PROCEEDING WITH YOUR REGISTRATION AND PARTICIPATION IN THIS “BSNL Super Bonanza Contest” YOU HEREBY ACKNOWLEDGE AND ACCEPT THE OFFER AND THEREBY AGREE ON IRREVOCABLE BASIS, TO BE LEGALLY BOUND BY THESE T&C MENTIONED HEREUNDER. IF YOU DO NOT AGREE TO ABIDE BY THESE T&C, PLEASE DO NOT PARTICIPATE IN THIS OFFER
The BSNL Super Bonanza Contest (Hereinafter referred to as “Offer”) is conceptualized, sponsored, organized and administered by Spice Digital Limited, a company incorporated under the provisions of the Companies Act, 1956, having its registered office at 60 D, Street No. C-5, Sainik Farms, New Delhi – 110062 and its corporate office at S Global Knowledge Park, 19 A & 19 B, Sector -125, NOIDA – 201301, U.P, (hereinafter referred to “SDL”); in association with Bharat Sanchar Nigam Limited, a company having its registered office at Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, Delhi -01 (here in after referred to as “BSNL”)
SDL and BSNL shall hereinafter be jointly referred to as ‘Organisers’.
This Offer is made purely on a “best effort” basis and participation is voluntary for the eligible Subscribers of BSNL Super Bonanza Contest (the “Service”). SDL in association with BSNL reserves the right to participation in the Offer.
1. Offer Period
This Offer is open for a limited period and will be different for all zones:
|North||Will be confirmed later on|
|South||25th May 2017 at 00:00:01 hrs till 23rd August 2017 at 23:59:59 hrs|
|East||Will be confirmed later on|
|West||Will be confirmed later on|
2. Eligibility Criteria
2.1 The Offer is open for all active pre-paid & post-paid categories of mobile subscribers of BSNL, who subscribe to Service in BSNL Pan india telecom circles of India (the “Subscribers”).
For the sake of clarity, a “Subscriber /Participant” for the purpose of this Offer shall mean and include an individual/person, who is the rightful owner/user of the pre-paid or post-paid mobile connection of BSNL, registered in telecom circles in India and in whose name the mobile connection is active and registered as per the records maintained by BSNL (and which shall be conclusive). In case a participating Subscriber is an employee of a company and the mobile connection used by him is registered in the name of an employing company, the employee /user can participate in the Offer provided that the employing company issues a No Objection Certificate (NOC) and authorization of the employer duly permitting the employee to use the number for participation in the Offer, receive the gratification and accept the terms applicable for the Offer.
2.2 The employees of BSNL & SDL and their group companies affiliate or associate companies are not eligible to participate in this Offer.
2.3 Any post-paid Subscriber with any outstanding amount as dues against three monthly bills generated by BSNL shall not be eligible to participate in this Offer.
2.4 This Offer is available for Subscriber of BSNL across all telecom circles of India.
2.5 In order to be eligible for this Offer, a Subscriber/participant must fulfill the following criteria¬
3. Participation, Charges ,Selection of the Highest Scorer(s) & Gratification
3.2. Applicable Charges
3.3. OFFER ON VOICE
3.2. GRATIFICATIONS AND HIGHEST SCORER SELECTION:
No. of Gratifications = 01
Gratification = Rupees One Lakh cash for the Highest scorer (i.e., the MSISDN scoring highest score)
The selection for the National Bumper Gratification will be conducted after the Offer ends. One (1) MSISDNs across all Circle-Groups, scoring highest score, in the Offer will become eligible for the gratification of Rupees One Lakh cash. In case of a tie (i.e., when more than 2 Subscribers have the same highest score), Subscriber who has the answered most correct answers and with highest minutes of usage (MOU) would be selected as the highest scoring MSISDN and will become eligible for National Bumper Gratification. In case of tie (i.e., when more than 2 Subscribers have the same highest score and the same MOU), then the winner shall be chosen by a lucky draw.
No. of Gratification = 03
Gratifications = (a) Bike 3 worth upto Rs.45,000/-.
The selection for the Monthly Bumper Gratification will be conducted after the Offer ends. One (1) MSISDN scoring highest score in each month, during the period of the Offer will become eligible for this gratifications of Bike worth upto Rs.45,000/- . In case of a tie (i.e., when more than 2 Subscribers have the same highest score), Subscriber who has the answered most correct answers and with highest minutes of usage (MOU) would be selected as the highest scoring MSISDN and will become eligible for Monthly Bumper Gratification. In case of tie (i.e., when more than 2 Subscribers have the same highest score and the same MOU), then the winner shall be chosen by a lucky draw.
No. of Gratifications = 06
Gratification = 1 Gram Gold Coin worth upto Rs. 3,000/-
The selection for the Surprise Day Gratification will be conducted after the Offer ends. One (1) MSISDN scoring highest score on Surprise Day, during the period of the Offer will become eligible for this gratifications of 1 Gram Gold Coin worth upto Rs. 3,000/-. In case of a tie (i.e., when more than 2 Subscribers have the same highest score), Subscriber who has the answered most correct answers and with highest minutes of usage (MOU) would be selected as the highest scoring MSISDN and will become eligible for Surprise Day Gratification. In case of tie (i.e., when more than 2 Subscribers have the same highest score and the same MOU), then the winner shall be chosen by a lucky draw. An MSISDN can get the Surprise Day Gratification only once in the Offer, i.e., an MSISDN, which has once been selected as highest scorer for this gratification on any Surprise Day during the Offer shall not be eligible for this gratification on any subsequent Surprise Day.
The selection for the Surprise Day Gratification and the communication thereof to the eligible Subscriber will be sent within 30 Days from each Surprise Day during the period of Offer.
No. of Gratifications = 13
Gratification = Mobile Handset worth upto Rs. 7,000/-
The selection for the Monthly Bumper Gratification will be conducted after the Offer ends. One (1) MSISDN scoring highest score in each week, during the period of the Offer will become eligible for this gratification of Mobile Handset worth upto Rs.7,000/- . In case of a tie (i.e., when more than 2 Subscribers have the same highest score), Subscriber who has the answered most correct answers and with highest minutes of usage (MOU) would be selected as the highest scoring MSISDN and will become eligible for Weekly Bumper Gratification. In case of tie (i.e., when more than 2 Subscribers have the same highest score and the same MOU), then the winner shall be chosen by a lucky draw.
No. of Gratification = 360
Gratification= Recharges worth Rs. 50/-.
Recharge is the amount that will be given to the Highest Scorers as talk-time, based on the available denominations or offers in the respective Circle-Group or State. In case in any of the Circle-Groups, the talk-time recharge value or denomination offered in the Offer is not available, the Highest Scorers will be provided with the nearest value or denomination available for talk-time, data or SMS recharge which could be equal to or closest to the recharge value or denomination offered. All taxes and charges including but
Three Hundred and Sixty (360) MSISDNs, who shall participate in this Offer and scoring highest score on daily basis, during the period of the Offer will become eligible for this gratification i.e., the daily gratification of pre-paid recharge worth Rs. 50/-, each. An MSISDN can get the Daily Gratification only once in the Offer, i.e., an MSISDN, which has once been selected as highest scorer for this gratification on any Day during the Offer shall not be eligible for Daily gratification on any other Day. The selection for the Daily Gratification and the communication thereof to the eligible Subscriber will be sent within 10 days from each day during the period of Offer.
|Type of Gratification||No of Prize||Value/ Prize||Total Value of Gratification||Frequency||Details of Gratification|
|Bumper Prize||1||100000||100000||End of contest||Cash Prize|
|Monthly Prize||3||45000||1,35,000||Every 30 days||Motor bike|
|Weekly Prize||13||7000||91,000||Every 7 days||Mobile H/set|
|Surprise Day prize||6||3000||18,000||Every 2nd & last Saturday||Gold Coin 1 Gram|
4. Without prejudice to the foregoing, the Subscribers shall not hold SDL, the Independent Auditor (defined below) or BSNL liable for the Highest Scorer selection process under this Offer.
5. The process of Highest Scorer selection for each category of gratification, in accordance with the Highest Scorer selection process detailed in this Offer will be witnessed by an independent third party auditor (“Independent Auditor”) who shall, after the selection of the Highest Scorers, certify such process.
6. By participating in the Offer, the Subscriber agrees and confirms that he/she shall not raise any query/clarification/concern/complaint/dispute with respect to the Offer after the expiry of 90 days from the last day of the Offer. After the expiry of the said period of 90 days the Organisers shall not entertain any query/clarification/concern/complaint/dispute raised by the Subscriber.
7. The Subscriber hereby undertakes that he/she shall not Offer or raise any issue/dispute regarding the selection process of Highest Scorer(s) in any condition whatsoever.
8. The gratifications offered in this Offer will be sponsored and distributed by SDL or by a designated third party.
9. All gratifications will be given after deducting various taxes, license fees and charges as applicable.
10. After the selection and validation of the Highest Scorers of the gratifications under the Offer, the Highest Scorers will be contacted, by calling them for a period of 15 days on the number registered with BSNL, and will be given further details as to how, when and where they can collect their respective gratification. The Organisers shall not be liable for any reason whatsoever in the event the Highest Scorers respond or communicate in any form, with any other number. In the event any of the Highest Scorers do not answer the calls of SDL, an SMS will be sent to the Highest Scorers intimating them regarding their selection as the Highest Scorers under the different categories of gratifications and providing them the details as to how, when and where they can collect their respective gratification (“Intimation”). The gratification offered under the Offer may be given to the Highest Scorers during a special event, the venue, date and time of which shall be announced by the SDL, at its sole discretion, subsequent to completion of the Offer. In the event no special event is being conducted by SDL, the Highest Scorers shall be requested to provide their address to which the gratification may be sent by SDL, failing which the gratification shall be forfeited. The gratification shall, under no circumstance be distributed from the amount charged by the Organisers for participating in the Offer. Delivery of gratification will be subject to the Highest Scorers giving the correct address and his/her availability there. The Highest Scorers agree that there shall be no liability on the SDL in the event such message does not reach such Highest Scorer on any account for any reason whatsoever. In the event that any of the Highest Scorers cannot be reached through SMS or calls for a period of 15 days from the date of Intimation, or are ineligible or are disqualified, for any reason whatsoever, SDL reserve the right to forfeit the gratification or the gratification shall be transferred to the Subscriber who has the second Highest Score, at its sole discretion. All decisions by the Organisers regarding the selection of the Highest Scorers shall be final and binding. In the event the gratification cannot be delivered, when specified that they will be delivered, due to reasons beyond the control of SDL, the Highest Scorers shall collect them from the nearest place specified by SDL.
11. Without prejudice to the foregoing Clause 9, any failure on the part of the Highest Scorer under this Offer to comply with directions issued by the SDL shall entitle SDL, at its discretion, to cancel and forfeit the gratification for the said Highest Scorer and the same gratification will be given to the next eligible Highest Scorer. The gratification shall be distributed only after and subject to confirmation of an existing Permanent Account Number (“PAN”) of the Highest Scorer(s). The Organisers shall not be responsible for any delay on part of a third party including the courier agency, in delivering the gratification. All costs and expenses for collecting the gratification unless otherwise specified shall be borne solely by the Highest Scorer under this Offer and the gratification shall not be transferable and no request shall be entertained by the Organisers for such transfer.
12. To be eligible to claim the gratification/s under the Offer, the MSISDNs chosen as the Highest Scorers shall be required to be active Subscribers of BSNL during Highest Scorer announcement period.
13. The gratifications offered in this Offer are subject to availability. SDL reserves the right to provide for an alternative model or brand of the gratifications hereunder or issue a Bank Gift Card (defined below) for the value of the gratification given under the Offer, after deducting applicable taxes, which may be redeemed by the Highest Scorer at stores accepting such Bank Gift Card.
14. Without prejudice to the foregoing, under no circumstance shall the Highest Scorers of the Offer be entitled to redeem any category of gratification including a Bank Gift Card for cash, unless expressly mentioned herein. SDL, at its sole discretion, may or may not provide a cash alternative to any of the gratification being offered in this Offer.
15. This Offer is being made purely on a “best effort” basis and participation of eligible Subscribers is voluntary, and subject to the applicable terms and conditions.
16. By entering the Offer, You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and You agree to receive engagement messages and alerts including without limitation daily updates on the score under this Offer from the Organisers, as they may in their sole and absolute discretion decide. Also, the Subscribers may receive engagement updates from and at the sole discretion of the Organizer, of the upcoming Offer/s for 20 days from the date of commencement of such upcoming Offers. Subscribers may Dial 5630039 to stop receiving such updates. The process could take up to 48 hours to get activated and the Subscriber undertakes not to dispute/Offer any engagement update send by the Organizer during this period.
17. Subscribers may contact SDL at firstname.lastname@example.org regarding any queries/complaints pertaining to the Offer between 9.30 AM to 6.30 PM, on working days from Monday to Friday. All disputes must be addressed by the Subscribers in writing to SDL, and BSNL shall neither be responsible nor shall entertain any communication in this regard.
18. Mere participation in the Offer shall not entitle a Subscriber to the gratification. No other person or agent can claim the gratification on behalf of the Subscriber, unless otherwise expressly mentioned herein.
19. By participating in the Offer, Subscribers consent to the following information relating to them to be exchanged between BSNL, SDL and their concerned vendors and/or published or otherwise communicated to in any media that the Organisers may deem fit, for the purpose of Highest Scorer’s announcement: name, mobile phone number, score and/or photograph. Organisers may, at their discretion, choose not to disclose the identity and details of the selected Highest Scorers to other Subscribers unless expressly mentioned herein. The Subscribers also consent to the information being shared by SDL with its affiliates and service providers and to the information being processed and stored in the servers of SDL or its service providers, inside or outside India.
20. You acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, Website and all material or content related to the Offer shall remain, at all times, owned by the Organisers and/or their respective owners. All material and content contained in this Website is made available for Your personal and non-commercial use only. Any other use of the material/ content on this Website and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
21. The Organisers are neither responsible nor guarantee the quality of the goods or services being offered as gratification nor are they liable for any defect or deficiency of goods or services so obtained/availed, by the Subscribers under this Offer. The Organisers are also not liable for any defect/deficiency in the gratification(s) so offered or availed, by the Subscribers under this Offer. The Subscribers shall not have the right to claim any damages, loss or costs from the Organisers for delay in delivery of the gratification(s) on any grounds whatsoever.
22. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by the Organisers including, but not limited to, meeting of the Subscriber’s requirements or aspirations, timeliness, security, the results or reliability of the Offer, delay in sending or receiving the SMS for participating in the Offer, delay in time taken or recorded for answering a question including under the tie-breaker process, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Offer or any transactions effected through the Offer; (b) The Subscriber expressly agree that his/her participation in the Offer offered by the Organisers is at his/her sole risk and is governed by the Terms and Conditions herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the Website or through the Offer shall be construed to mean the giving of any warranty of any kind by the Organisers.
23. The gratification(s) under this Offer are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. All the gratifications shall be subject to such other terms and conditions as may be applicable to specific gratification and shall have to be duly complied with by the Highest Scorer.
24. The gratification(s) to the Highest Scorer shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the gratification(s) and on production of all such documents/papers as may be required by the Organisers before accepting the delivery of the gratification. Any failure on the part of the Highest Scorer to comply with directions issued by the Organisers for claim of gratification shall entitle the Organisers to forfeit the gratification(s) or roll the gratification over to the next eligible Highest Scorer, at their sole discretion.
25. Any Subscriber providing any incorrect information or concealing/withholding any information from the Organisers with an intent to participate and/or be chosen as the Highest Scorer of the Offer will automatically be disqualified from participating in it and being chosen as the Highest Scorer of the different categories of gratification. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of BSNL number, domicile, payment of outstanding amount to BSNL or any other information provided by the Subscriber, shall entitle the Organisers to disqualify him/her without any further intimation.
26. A Subscriber shall be considered ineligible if he/she does not conform to the conditions as stipulated in these Terms and Conditions, or cannot provide any of the required documents as stipulated in Clause 25 herein below for the purposes of receiving the gratification.
27. All gratification must be claimed by the Highest Scorers, along with the documents specified herein below within the specified timelines intimated by the Organisers. The documents required to be submitted along with the claim by the Highest Scorers include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of law):
28. The Highest Scorers’ names will be announced as registered in the system of BSNL. The list of the Highest Scorers of the gratification will be published on the Website- http://www.spicedigital.in/contest/.
29. The Subscribers shall indemnify and keep indemnified the Organisers and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which the Organisers may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the Subscribers under the Terms and Conditions hereunder, any failure by the Subscribers to comply with applicable law and any third party claim in respect of misuse of any information of a third party. The Organisers shall have the right to defend themselves, pursuant to this Clause, at the cost of the Subscribers. The Organisers or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Highest Scorer or any third party.
30. The Organizer makes no representation of having a business relationship or tie up with any such companies, individuals or any other organization whose products are offered as gratifications in the Offer. All trade names shall continue to remain owned by their respective owners.
31. All incidental costs, taxes or levies related to the gratification(s), if any, shall be exclusively borne by the Highest Scorers, including but not limited to TDS, gift tax (if any), Insurance and any other taxes applicable by the Central, State or Municipal government. The Highest Scorers are required to make their own arrangements for travel, accommodation and such other ancillary facilities to claim their respective gratification. Organisers shall not be responsible in this regard whatsoever. Additionally, the Subscribers shall not be liable to reimburse any cost of travel, accommodation or such other costs incurred by any of the Subscribers.
32. Any gratification of value in excess of INR 10,000/- in a year will attract deduction of tax at source and all taxes to be paid on the gratification/s shall be paid by the Highest Scorer at the prevailing rate. Further, all Highest Scorers must furnish a valid Indian PAN Card copy to claim the gratification amount, or gratification, irrespective of the value of the same, failing which the Highest Scorer’s gratification shall be forfeited, or the gratification shall be rolled over to the next eligible Highest Scorer, at the sole discretion of the Organisers.
**A Highest Scorer earning gratification in excess of INR 10,000/- in a year in aggregate from all Offers / offers conducted by SDL as one of the Organisers irrespective of the operator or other Organisers will be subject to TDS under the Income Tax Act, 1961.
33. Apart from the entitlement to the above gratifications, the Highest Scorer or their legal heirs, successors and representative will have no other rights or claims against the Organisers, unless expressly mentioned herein.
34. The list of Highest Scorers for the gratifications will be announced after the end of the Offer and after all the Highest Scorer selection processes are completed.
35. The Subscribers hereby irrevocably authorize BSNL and its subsidiaries to use the data gathered during and/or after the Offer in respect of the Subscriber (including Subscriber’s name and photograph etc.) in any of its communications including marketing promotions and advertisements along with or without BSNL’s brand.
36. The employees of the Organisers and of their group companies, affiliate or associate companies shall not be eligible to be chosen as the Highest Scorer of any of the gratifications offered in this Offer.
37. The gratification shall be handed over by SDL on receipt of all the documents from the Highest Scorer required to process the distribution of the gratification. This Offer including the gratification cannot be used in conjunction with any alternative offer or promotion of a similar nature.
38. This Offer is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of the Organisers (“Force Majeure Event”). The Organisers shall not be liable for any delay or adverse effect caused to this Offer thereunder as a result of a Force Majeure Event. The Organisers shall intimate the suspension of the Offer caused as a result of such Force Majeure Event to the Subscribers within reasonable time.
39. The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form.
40. This Offer is subject to guidelines/ directions issued by the Department of Telecommunications (“DoT”), Telecom Regulatory Authority of India (“TRAI”) or any other statutory authority from time to time.
41. The decision of the Organisers in respect of all transactions under this Offer including without limitation the selection of the Highest Scorers shall be final and binding.
42. Questions and their answers, designed/sourced by the Organisers, are as per their best knowledge and information available and have been collected and framed with reasonable prudence. In case there is any discrepancy or dispute regarding the questions or answers, neither the Organisers nor any third party involved shall have any liability towards any Subscriber.
43. The Organisers shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of the Organisers. Without limiting the generality of the foregoing, the Organisers shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Offer including but not limited to any technical failures in the mobile connectivity, delay in sending or receiving the SMS for participating in the Offer, delay in time recorded or taken for answering a question during the tie-breaker process, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct score updates or any failures arising out of technical snags or resultant inability of the listener for participation.
44. The Subscribers hereby agree and undertake not to hold the Organisers and/or any of their group entities or affiliates, their respective directors, officers, employees, agents, vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or indirect or remote that they may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Offer.
45. The Organisers or any of their group entities or affiliates, their respective directors, officers, employees, agents, representatives, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), by a Subscriber and/or any third party, directly or indirectly, by use or non-use of the gratification offered in this Offer.
46. The Organisers reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Offer or any part thereof including the eligibility criteria, the Terms and Conditions and gratification at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Subscriber. The latest revised version of the Terms and Conditions shall be effective and binding on the Subscriber from the time of its posting on the Website. You are therefore advised to check the Website regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to You, You should discontinue participating in the Offer.
47. The Organisers may use sub-contractors or 3rd party vendors to execute certain tasks associated with this Offer, without consent from the Subscribers.
48. The Highest Scorers shall not be entitled to the gratification, in case he/ she fails to clear all outstanding dues payable to BSNL and / or is not an active Subscriber of BSNL on the date of announcement of the gratification and as on the date of claiming the gratification.
49. The Organisers reserve the right, at any time, to unconditionally disqualify any Subscriber who tampers with or who in any way abuses the process or Terms and Conditions of the Offer, without giving any prior intimation to the Subscriber. Failure by the Organisers to enforce any of their rights at any stage does not constitute a waiver of those rights.
50. Any attempt by a Subscriber to deliberately undermine the legitimate operation of the Offer is a violation of laws and should such an attempt be made, the Organisers reserve the right to seek damages from any such Subscriber to the fullest extent permitted by law.
51. The Organisers do not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Subscribers.
52. The officers of the Organisers, including their directors, officers, partners, employees, consultants and agents are under no obligation to render any advice or service to any Subscriber in respect of the Offer.
53. The provisions of this service, the Offer and any other promotional endeavour may not be used for any commercial purpose by any Subscriber.
54. The results of the Offer shall be published/ uploaded on the website of SDL: http://www.spicedigital.in/contest/.
55. These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in New Delhi.