Fly To England – Contest T&C (Delhi, Bangalore, Hyderabad & UP)

THESE TERMS & CONDITIONS (HEREINAFTER REFERRED TO AS THE “GENERAL RULES”) ARE APPLICABLE TO ALL THE PARTICIPANTS/CONTESTANTS OF “FLY TO ENGLAND” (HEREINAFTER REFERRED TO AS THE “CONTEST”) PROMOTED / ORGANIZED BY M/S HT Media Limited Radio Division (HEREINAFTER REFERRED TO AS “HTML”). THE RULES CAN BE AMENDED OR VARIED FROM TIME TO TIME BY HTML.  THE CONTESTANT MUST CAREFULLY READ AND AGREE TO THE T&C BEFORE PARTICIPATING IN THE AFOREMENTIONED CONTEST.

1. INTRODUCTION

• Entry and participation in the Contest shall be deemed an unconditional and irrevocable acceptance of these T&C. All entry instructions and any other specific details relating to the contest or the prizes form part of these T&C.
• HTML reserves the sole right to terminate the Contest at any time without giving prior notice. All decisions of HTML in any matter relating to the Contest shall be final and no discussion or correspondence will be entertained.
• A failure by HTML to enforce any of these T&C in any instances will not give rise to any claim by any person.
• HTML reserves the right to amend these T&C at any time at its sole and absolute discretion.
• The Contestant has made certain representations and warranties to HTML in applying for a place on the Contest. HTML has relied on the accuracy and truth of such representations and warranties in granting a place to the Contestant.
• Should HTML or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Contest or otherwise, or any act or omission which might have an adverse effect on the Contest, HTML reserves the right to forfeit the Contestant’s place in the Contest (without giving any reason and without notice).

2. ELIGIBILITY

• All Contestants MUST be citizens of India and permanent residents of the city from where they are participating, and shall provide evidence of the same. Evidence required by HTML includes but is not limited to Identification Proof, Residence Proof, PAN Card and a valid Passport. Further, Contestants must be above the age of 18 years.

• HTML reserves the right to disqualify a Contestant and/or withhold or recover the Prize in the event:

2.2.1 The Contestant is in breach of any of T&C or any of the obligations, warranties and/or representations made under this Agreement;

2.2.2 Contestant’s conduct is inappropriate contrary to the spirit or intention of the T&Cs or of the Contest;

2.2.3 The Contestant has committed or undertaken any fraud, dishonesty, deceit, misconduct or similar action including providing any false or incorrect information;

2.2.4 An act(s) or omission(s) by the Contestant which might have an adverse effect on HTML;

2.2.5 It is in HTML’s best interests to do so.

2.3 HTML reserves the right to announce another participating contestant as the Winner if the selected winner defaults on any of the T&C.

2.4 HTML employee, spouses and immediate relatives are prohibited from participating in the Contest.

3. CONTEST

3.1 The Contest activity period is from 30th May 2019 till 30th Jun 2019 for listeners/participant of the Contest namely “Fly to England” being broadcasted on HTML’s Radio division FEVER, Delhi Station; FEVER, Bangalore Station; FEVER, Kolkata station; FEVER, Hyderabad Station and FEVER, UP Station, Radio Nasha Delhi & Mumbai.

3.2 Mechanics and Gratification:

1) Every day between 6 am to 12 am promotions/RJ Mentions of the contest will carry a skill-based question on the topic of cricket (sports)

2) In order to participate, the listeners will have to WhatsApp their answers to the aforementioned question in the format “Name <Space> Answer” to the number as per their contesting city:

3) Only those entries, which are received by HTML as per clause 3.2 shall be considered for the contest and HTML shall not be responsible for non-receipt, delay of any entry. HTML does not take any responsibility for any errors arising out of incorrect or incomplete entries.

4) Winner will be selected from the pool of participants with the correct answers by randomizer

5) The selected winner will win a fully paid match ticket to the World Cup. The winner will be provided with match tickets, air tickets; hotel, airport and stadium transfers and hotel stay for 2 nights (breakfast included) only. All other cost, expense and charges will be borne by the winner including but not limited to travel insurance

6)  HTML shall not be responsible for alteration or unauthorized access to entries, or entries lost whether arising during operation or transmission as a result of server functions, virus, bugs or other causes beyond its control.

7) HTML shall not be liable for system/server failures. Neither can HTML be held responsible for the failure to fulfill the obligations of any of the third parties involved in the contest.

8) HTML reserves the right without prior notice to access, read preserves and/or disclose the personal information of the user if the same is required in connection with this contest

9) Winners shall be informed by HTML and the details shall be sent via Mobile number provided at the time of registration of the contest. Non-receiving of calls shall result in disqualification and selection of an alternate winner.

10) The winners shall be required to produce/submit photo identity/an address proof as and when required by HTML. The winners may be required to sign the Terms and Conditions herein before accepting the prize. In case false/fake identification details are submitted, the concerned participant/winner shall be disqualified immediately from the contest.

11) The Prize shall be non-transferrable and cannot be redeemed for cash. The winners will have to sign an agreement along with the T&C, letter of acceptance and other documents upon winning, The winners will then have to sign and return the same along with their Address and Identity proof.

12) The winning prize of the contest is subject to deduction of applicable taxes including Gift tax in accordance with law.

13) The winner shall bear the Gift tax, levies, cost and/ any other government taxes as applicable.

14) HTML will not take responsibility of winners’ belongings they are travelling with

15) HTML will not provide any on-ground assistance to the winners

16) HTML will not pay extra for baggage; excess baggage above airline’s permissible limit on each ticket will be borne by the winner.

17) HTML will not be responsible for non-obedience of laws in the away city/stadium. The winner is directly responsible for any loss/damage of property, breaking of rules/laws within the above specified locations.

18) HTML holds no responsibility or liability in case HTML is unable to inform the winner of his/her win due to non-availability / incorrect number, details provided by winner or any other reason within a period of 03 days from the date of announcement of winner, despite having made the best efforts. In such a case HTML shall not be liable to proof the efforts made in this regard

19) All entries will be treated as the property of HTML and can be used by HTML or any of its partners / sponsors / associates etc. for any promotional and / or commercial activity & the participants/winners waive all rights of whatsoever nature in the said entries in favors of HTML by participating in the contest. The participants agree and grants right to HTML and its above defined associates to send promotional messages, SMS’s, calls of their own or any third-party product.

20) 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 contest, or generally. HTML may promote or advertise that a winner has won the contest.

21) HTML reserves the right to extend or to cancel, or change the manner in which the contest is organized or discontinue or terminate the contest at any time or to accept or reject any or all entries at their absolute discretion without giving any prior notice without assigning any reason whatsoever.

• Any attempt by a participant to deliberately damage or undermine the legitimate operation of the contest 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 permitted by law.

• HTML reserves the right to disqualify any participant/winner if it has reasonable grounds to believe the participant/winner has breached any of these Terms and Conditions. If any participant is disqualified from the contest, HTML in its sole discretion may decide whether a replacement participant should be selected. In this event, any further participant will be selected on the same criteria as the original participant and will be subject to these Terms and Conditions.

24) All disputes shall be subject to the exclusive jurisdiction of Delhi Courts only.

• HTML in its absolute discretion reserves the right to add, alter, modify, change or vary all or any of these Terms & Conditions, wholly or in part, at any time without giving any prior notice and the participant/winner agrees to abide by such additions, alterations, modifications and changes.

• Participation in the contest implies acceptance of all the terms & conditions herein and you agree to sign and accept the Indemnity Bond and undertaking to be filled in by you at HT Media’s office in order to enable HTML to take your child to the venue for participation. Your refusal to sign the Indemnity bond and undertaking empowers HT Media to cancel your prize and provide it to some other participant.

4. PRIZES

4.1 The Winner is eligible for prize mentioned in clause 3.2 subject to production of valid documents for Photo ID proof/Valid Passport at HTML office, in Delhi. Any failure on the part of the winner to comply with directions issued by HTML, shall entitle HTML to cancel and forfeit the prize for the said winner and then the same prize will be given to the next winner.

4.1.1 All transfers, that is, transfers in England beginning from arrival in Airport, transfer from Airport to Hotel, to and fro Hotel to Stadium travel on match day and Hotel to Airport transfer on day of departure will be handled by us.

4.1.2 All Visa costs are to be handled by the winner/traveller.

Participant/Winner understands and agrees that the Company shall not be responsible for the followings :

• Denial of Visa by embassy stating/Communicating any reason.
• Non receipt of Passport/Non receipt of any communication from embassy/VFS.
• For any or all payments related visa application i.e visa application fee, walk-in fee/group application fee or any other visa application fee paid to the visa application center. All such cost or charges will solely borne and paid by the Winner.
• Change in Airline-arrival/departure timing, Port of Entry/Exit, Layover time, and cancellation.
• Any changes pertaining to local transfer on the foreign jurisdiction due to direction by local authorities. Personal or any other expense pertaining to this will not be refunded or reimbursed in any manner whatsoever.
• Any cost, expenses or charges due to violation/non-adherence of local and religious sentiments. No refund or reimbursement in this regard will be entertained.
• Any inadequacy or deficiency in services provided by the third party to Winner

Participants/Winner fully understands that above events or circumstances are beyond the control of the Company. Participant/Winner shall not raise any claim or dispute with regard to the above.

4.2 All Prizes are non-transferable and may not be given or assigned to another person.

4.3 Winner will be liable to pay the taxes and other statutory fees (if any) as applicable on the Prize. Tax deductible at source under Income Tax Act is applicable for any prize exceeding the value of Rs. 10,000/- The Winner is liable to bear all related costs and charges incurred during collection, acceptance or avail of the Prize. At no point winner shall make HTML liable or responsible for any additional charges to be paid by the winner for claiming/availing the prizes.

4.4 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.

4.5 The Contestant shall claim the prize on the date and time informed by HTML. If not claimed HTML reserves the right to forfeit the prize and has the sole discretion to announce another contestant as the winner.

4.6 The winners shall be required to produce/submit photo identity/address proof as and when required by HTML. The winners may be required to sign the Terms and Conditions herein before accepting the prize. In case false/fake identification details are submitted, the concerned participant/winner shall be disqualified immediately from the contest.

4.7 Winners, if minor, must be accompanied by a parent/guardian for collecting their prize(s). Both the winner and the parent/guardian must sign this agreement and show their respective identification, which includes a photograph

5. INDEMNIFICATION

5.1 The Contestant shall hold HTML, its officers, employees, agents, subsidiaries, affiliates and other partners, liable whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment including any loss of profit, business, contracts, revenues or anticipated savings and whether special, direct, indirect or consequential suffered by the Contestant howsoever arising in connection with the Contest and/or Prize.

5.2 The decision of our judges is final and conclusive in all circumstances and no correspondence will be entered into.

5.3 The Contestant agrees to indemnify HTML, its officers, employees, agents, subsidiaries, affiliates and other partners against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisor’s fees) suffered by arising as a result of a breach by Contestant of obligations under the T&C or in any way in connection with failure to follow reasonable instructions with regard to entry into the Contestant or collection/avail of any Prize.

6. FORCE MAJEURE

HTML shall not be liable to the Contestants for any delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, civil commotion or industrial dispute, armed hostilities, act of terrorism, revolution, blockade, embargo, strike, lock-out, sit-in or regulatory intervention.

7. PUBLICITY

7.1 Winners must as a condition of the prize participate in all required publicity and provide necessary details.

7.2 The Winner shall not without the specific prior written consent of HTML publish or disclose any information in connection with the Contest or the Prize (in particular, without limitation, to a representative of the media, in whatever form).

7.3 The Winner shall not be entitled to give interviews or be involved in articles or reports in respect of the Contest or the Prize with any third party. All rights in relation to the Competition and the Winner’s involvement therein shall vest exclusively with HTML.

7.4 The Winner agrees to undertake as requested by HTML all interviews, Contest and other activities and to the reproduction publication exhibition transmission and broadcast and media throughout the world at the discretion of HTML in perpetuity.

• Without limitation to any other rights under this Agreement, HTML shall be entitled to refer to the Winner’s association with the Contest and the Prize in all publicity, marketing and Competition material in connection therewith. Winner hereby provides consent and permits HTML to share the information written on the registration slip with Contest partners of HTML.

8. JURISDICTION

8.1 The contest shall be governed by and construed in accordance with the laws of India.

8.2 The Courts/Tribunals at Delhi shall have the exclusive jurisdiction over 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, to the subject matter of this T&C.