This Terms and conditions for the Contest is an agreement between You (hereinafter referred to as “Participant”) and Just Dial Limited, (hereinafter referred to as "Just Dial/ Sponsor").This contest (the "Contest") is sponsored by Just Dial Limited, which owns, run's and operates “Just Dial Portals” viz., www.justdial.com, t.justdial.com, Wireless (SMS short code) SMS and APP or any other internet enabled platforms.
Your entry and participation in any contest shall be deemed an unconditional and irrevocable acceptance of these Terms & Conditions. All entry instructions and any other specific details relating to the competition or the prizes form part of these T&C (but in the event of any conflict or inconsistency, these T&C shall prevail).
2) Contest Period The Contest will be effective from November 30, 2016 and it may continue up to the period of 3 (Three) years. Just Dial may, at its sole discretion, withdraw the Contest at any time without any prior notice.
3) Good Karma Contest Specifications
- Participant can participate in the contest by downloading and registering for JD lite App or by rating any business establishment listed on Just Dial portals and by completing necessary formalities contained therein as required. Participant can also participate by doing online commercial transactions on Just Dial portal. You also automatically become a participant under this contest, if You choose to rate any business listing via link sent by an Advertiser of Just dial.
- Participant can increase their chances of winning and by doing multiple ratings, multiple commercial transactions or referring this contest to friends and relatives and also by downloading Just Dial App.
- Just Dial’s Advertisers can send rating request to their customers and their customers can become eligible to participate in this contest. Further, if their customer rates their business establishment and that specific rating of their customer (participant) is selected in lucky draw as per the process defined herein in this terms then customer (participant) will be eligible to win the prizes.
4) Contest Prize details & announcement The contest prizes will be any of the below until otherwise revised by Just Dial at its sole discretion. The prize details are as under:
- a) I-Phone 6S
- b) LG 4K UHD TV 43"
- c) Honda Amaze
- d) Harley Davidson IRON 883 Bike
The Sponsor will announce or declare the name of the winner/s starting from December 1, 2016 or any other date/s as per its discretion.
5) Criteria of Eligibility for the Contest
- Please note this Contest is open only to individual/s who are (i) Eighteen (18) years of age or older on the date of entry, as shown on the Pan Card, Aadhar Card, Passport, Voters Identity Card, a valid driver's license or other means of photo identification issued by the government agency or by a school or other educational institution, and containing the entrant's address and picture. However, minor participant above the age of 15 (Fifteen) but below 18 (Eighteen) years can participate in the contest under parental guidance.
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In the event that a participant is below the age of fifteen (15) years and participates and wins this Contest, he/she may be disqualified and may not be entitled to the Prize.
- The following individuals are not eligible to participate in the Contest: (i) present employees of the Sponsor or Sponsor's affiliates or subsidiaries (collectively, "Sponsor Entities"), (ii) past and present employees and any of Sponsor Entities' parent, subsidiary or affiliate companies.
6) Rules for Participation to the Contest
- Once you satisfy the rules mentioned herein and in contest page and also if your Mobile Phone Number and Name is registered with us, you will be eligible for the lucky draw, subject to the terms and conditions specified by Sponsor’s from time to time.
- Just Dial may, at its sole discretion, withdraw the Contest at any time without any prior notice.
- The Participant has to ensure to provide his/her own valid mobile number, in order to qualify as a valid entrant in the contest.
- The Participant agrees and confirms that by participating in the contest you agree to receive all updates about winner’s winning the contest and any other promotional emails sent by Just Dial from time to time via SMS/Email or any other mode irrespective whether you contact number is registered in DND (Do Not Disturb) registry.
- The Participant hereby gives to Just Dial the right to establish communication as and when deemed fit by Just Dial, once the Participant participates in the contest.
- If a winner wins more than one prize, the winner will only be granted with the first prize he/she won. Just dial has the final right to cancel or disqualify a winner with repeated winning entries without any notification.
- The Participant undertakes the Contest at their own risk and agrees to indemnify Just Dial and its employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from the participating in the contest.
- Participant’s own actions in any way in connection with the Contest, the Prize or a breach of the Participant’s obligations hereunder.
- Any contest and its prizes can extend to other promotional events run by Justdial as per its discretion.
- Just Dial as per its discretion may remove any ratings/ reviews posted by Participants at Just Dial portal.
7) Description of the Prizes and other important details
- The Sponsor will declare or announce the name of the winners starting from December 1, 2016 or any other date/s as per its discretion. The Contest winner shall receive Prizes as specified in the contest specification or as decided by Just Dial from time to time. The Winner will be selected by an automated computer process based on higher participation in the contest or on any other basis as specified by Sponsor from time to time. The details of the winner’s will be displayed on the contest page of the portal of the Just Dial.
- The Winning Prize is not transferable and cannot be redeemed for cash. No request shall be entertained in this behalf.
- All expenses to visit the venue (Just Dial's nearest branch office) and collect the Prize are to be borne by the Winner or Winner’s guardian. The Winner himself / herself has to come personally to collect the Prize along with required identification documents within 30 (Thirty) days from the date of declaration over email and sms sent. Further, any prize that remains unclaimed within 30 (Thirty) days of declaration of the Prize Winner, then the Sponsor reserves the right to forfeit the prize and the winner will have no right to claim the prize thereafter. Just dial as per its discretion may or may not conduct another lucky draw to announce winner for any unclaimed prize.
- Though the Sponsor would give away Prizes to each Winner (as decided and intimated by Sponsor’s from time to time), however the sponsor at its discretion, reserves the right to substitute the Prize mentioned herein with another prize and the prize winner will be notified accordingly. The winner or winner’s guardian shall be liable to pay the taxes (For Ex. TDS, Octroi, Service Tax, VAT etc.) on the prize won by him/her to Just Dial. Just Dial shall collect the applicable taxes from the winner before handing over possession of the prize to the winner as per applicable law and shall deposit the same with the government authority. Just Dial shall collect the applicable taxes from the winner before handing over possession of the prize to the winner as per applicable law and shall deposit the same with the government authority. In the event if winner is unable to pay the taxes within 30 (thirty) days of the receipt of such intimation from Just Dial under such circumstances, Just Dial shall not handover the Prize to winner and winner shall be disqualified from the contest and would not be able to claim the Prize at later date. The Sponsor shall not be responsible for the quality, warranty or deficiency of the Winning Prize that is finally given to the Prize Winner. The Sponsor shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize(s) after handing over the same to the winner/ his/ her assign(s).
- Apart from the other terms and conditions mentioned herein, the prizes may be given to the winner at any offices of the Sponsor, in any of its branches or at any other Venue that would be communicated to the winner, at the sole discretion of the Sponsor. The Sponsor will communicate the Winner the date, venue and time to collect the Prize.
- The Prize Winner/ his/her Guardian (as applicable) has to compulsorily submit their proof of identity and/or proof of age, Pan Card, Aadhar Card and all other identification proof and documents as asked for by the Sponsor in order to claim the Prize. In case of any further identification considered suitable for verification, the same may be requested at the discretion of the Sponsor. In the event if Winner is unable to give sufficient documents to the satisfaction of Sponsor or is following any illegal means/mechanism to increase their winning chances, under such circumstances Sponsor reserves its right to disqualify such winners.
- The Sponsor reserves the right to withdraw the Prize to be given, in the event of a contestant being unable to satisfy these contest terms & conditions or not claiming the prize.
- The Sponsor’s will not be responsible for any error, failure, problem or technical malfunction in the process of uploading the details that is to be done by the contestant / Participant. It is the responsibility of the Participant that all the details required to be submitted by the contestant are correctly submitted. The Sponsor is not responsible for any connectivity issues while the Participant is feeding and uploading in details and participating for the Contest.
- The decision of the Sponsor shall be final and binding and is non-contestable. No correspondence will be entertained on the same.
- By participating in the contest, the Participant expressly agrees that the Sponsor will have the right to reproduce all the entries in any and all formats, media and/or mediums in any reasonable manner including but not limited to television, internet, mobile, print etc. The Participant / Contestants and / or Winners may be required by Sponsor to participate in a photo, video and/or any advertisement or film session and they hereby acknowledge that the Sponsor may make use of their name, voices, image and photograph/s for publicity & promotional purposes without compensation (to the contestants and / or winners), and they also agree that the Sponsor will own copyright in any such images and photograph/s, content and videos and in all material incorporating the photograph/s, content and videos. The Sponsor or any person or entity permitted by the Sponsor in this regards shall be entitled to use the entries received or any information now existing or hereinafter created in connection with the entry in any media for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the Participant /Contestant/ Winner. Further, all entries, including without limitation, all Proposals submitted as part of entries, become the property of Sponsor and will not be acknowledged or returned.
- Winner’s Declaration And Waiver Of Liability Undertaking: The winner as announced/ declared will be required to execute and return to Sponsor Winner’s Declaration And Waiver Of Liability Undertaking or give an electronic acceptance or as the case may be, which must be received by the Sponsor within 30 (thirty) days of the date of the Notification or the prize will be forfeited by Sponsorer.
- Contests will be null and void in any jurisdiction where they are prohibited by the Law.
8) IPR of the Sponsor It is further clarified that, all rights, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all entries received shall vest solely and exclusively with the Sponsor at all times.
9) Exclusion of Liability The Sponsor (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the contest, including, but not limited to, where arising out of the following:
- any technical difficulties or equipment malfunction (whether or not under the Sponsor's control);
- unauthorised access or third party interference;
- any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Sponsor) due to any reason beyond the reasonable control of the Sponsor;
- any variation in prize to that stated in these Terms and Conditions;
- any tax liability incurred by a winner or entrant; or
- use of a prize. It is further clarified that, Sponsor shall not be responsible for any administrative errors or any other errors involved in the execution of the Contest. Further, the Sponsor is not liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or a consequential loss), or for personal injury suffered or sustained as a result of taking any prize.
- any reasons beyond its (Sponsor’s) control.
10) Other Exclusions
- The Sponsor is not responsible for any incorrect or inaccurate information or for any of the equipment or programming associated with or utilised in this contest , or for any technical error, or any combination thereof that may occur in the course of the administration of this contest including any omission, interruption, deletion, defect, delay in operation or transmission, communications line (including but not limited to e-mail communication) or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
- The Sponsor shall not be responsible in any way for any warranty or guarantee or anything pertaining to the prizes or the product. The Warranty / guarantee / anything pertaining to the Prizes, if any, shall be that of the Manufacturer or dealer or retailer as applicable and Sponsor shall not be held responsible for the same.
- Winner shall not claim or hold Sponsor and its Directors, employees, agents or assignees responsible for warranties, whether express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement pertaining to the Contest and the prizes distributed in the Contest.
- Winner shall not claim or hold Sponsor and its Directors, employees, agents or assignees responsible for any repairs or maintenance or after sales services or for any kind of support related to my use or non-use or misuse or damage of the prizes. Sponsor shall not responsible for the quality, warranty or deficiency of the Winning Prize that is finally given to me. Sponsor shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize(s) after handing over the same to me.
11) Governing Laws and Jurisdiction The Contest shall be governed by and construed in accordance with the laws of India. Any disputes, differences and any other matters in relation to and arising out of the Contest and, or, pertaining to the Terms and Conditions shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall consist of a sole arbitrator to be appointed by the Sponsor and the venue of the arbitration shall be Mumbai. All disputes shall be subject to the exclusive jurisdiction of the courts at Mumbai only.
12) Modification to these Terms and Conditions The Sponsor reserves the right to change/modify terms and conditions and/or criteria of the Contest at any time at its own discretion and without any prior notice and without assigning any reason. The Sponsor will not be liable for any losses (if any) to any contestant arising from any variation or cancellation.
13) The Decision of the Sponsor would be final and binding
In case of any dispute or difference in respect of this Contest, the decision of the Sponsor shall be final and binding on all concerned.
These T&C represent the entire agreement between the parties relating to the Contest or the Prize (unless otherwise expressly confirmed in writing by Sponsor) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. The invalidity, illegality, or unenforceability of the whole or part of a T&C or Condition does not affect or impair the continuation in force of the remainder of the T&C.
The failure to exercise or delay in exercising a right or rights by the sponsor or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
These T&C are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Terms & conditions.