PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN THIS CHALLENGE KNOWN AS “KHUSHIYON KA TYOHAAR CHALLENGE”. BY PROCEEDING WITH REGISTRATION AND USE OF THE KHUSHIYON KA TYOHAAR CHALLENGE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT PARTICIPATE IN THE KHUSHIYON KA TYOHAAR CHALLENGE.

 TERMS:

This Challenge is co-hosted by OnMobile Global Ltd., a company having its office at No 26, Bannerghatta Road, J.P. Nagar 3rd phase, Bangalore - 560076 (‘OnMobile’), in association with Idea Cellular Limited, a company having its registered office at Suman Tower, Plot No. 18, Sector – 11, Gandhinagar – 382 011 and Corporate Office at 5th Floor, Windsor, Off CST Road, Kalina, Santacruz (E), Mumbai-400098 (hereinafter referred to as ‘Idea’) (jointly referred to as ‘Organizers’) and the Challenge is open for a limited period from 27th October 2011 00:00:01 hrs till 24th January 2012 23:59:59 hrs for the pre-paid as well as post-paid category of the Idea Cellular subscribers  of Khushiyon Ka Tyohaar Challenge (open for subscription from 26th October 2011 till 23rd January 2012) of the Andhra Pradesh, Delhi, Gujarat, Kerala, Madhya Pradesh, Punjab, Uttar Pradesh (West), Bihar, Uttar Pradesh (East) Telecom circles only of Idea Cellular Limited. This Challenge is being brought to you by OnMobile and the Gratifications of the Challenge are sponsored by OnMobile exclusively for customers of Idea. Idea is merely providing its base and SMSC to facilitate the Challenge.

A Subscriber, by subscribing to and/or participating in the Challenge, hereby agrees to the Terms and Conditions mentioned below and gives his/her consent to the process of selecting the successful challengers as set out herein, and any appropriate changes that may be made to this Challenge by the organizers due to any legal or regulatory requirement, instructions from any judicial or a quasi-judicial body or due to any natural calamity beyond the reasonable control of Idea/OnMobile, its affiliates and associates.

Also, by participating in this Challenge, you:

• Warrant that you have read, understood and agreed to conform to these Terms and Conditions.
• Warrant the accuracy, truthfulness and currency of all information that you may have submitted.

These Terms and Conditions are available on the website at the following address: http://idea.contestzone.in
By participating in the Challenge, you indicate your acknowledgement and acceptance of these Terms and Conditions.

Procedure and Eligibility to participate:  

This Challenge is valid for all active Subscribers who fulfill the following criteria:

• The challenger must be above 18 years of age.
• He/she must be a citizen of India.
• He/she must not have any been either convicted and / or prosecuted for commission of any criminal offence nor be of an unsound mind.
• He/she must not be under any legal disability e.g. insolvency, restraint by court order etc. and / or is prohibited from entering any contractual relationship.

Further, the successful challenger will be the subscriber of the successful mobile phone number and not the player, if such player is not the subscriber of such mobile number, as set out above. If the successful challenger is not able to provide sufficient evidence to show that he/she is the subscriber of the mobile number, Idea/OnMobile reserves the right to award the gratification to the next eligible successful challengers or to forfeit the gratification, at its sole discretion.

1. To Participate:

a.The Idea subscribers can subscribe to the Khushiyon Ka Tyohaar Challenge by: 

• Typing the keyword KKT and sending the SMS to 55456340 (Toll-Free) or 55456 at Rs.3/SMS.
• Pressing 1 through OBDs.
• Dialing *777*333#
• On subscribing through any of the above mentioned modes, the successful subscriber will receive an acknowledgement SMS telling him/her that his/her subscription to the Challenge has been accepted.   
• There will be no subscription charges.
• If the subscription is unsuccessful, the user will be sent an appropriate SMS telling him/her to try again later.
• Once the customer is successfully subscribed he/she will get an SMS informing about the Challenge, Gratifications to be won and that the Challenge can be played at just Rs.5/day.
• On all Challenge days, subscribers will be charged Rs. 5/- through trigger charging and can participate in the Challenge on the toll-free number 55456340.
• If a member wishes to unsubscribe from the Challenge, then it can be done by sending ‘UNSUB KKT’ to 55456 at Rs. 3/ SMS or to 55456340 Free. The member can also dial the USSD strings *777*333*1# to unsubscribe from the challenge.

b.  Deactivation

• If a subscriber wishes to unsubscribe from the Challenge, that can also be done by calling the toll-free number 55456340.
• When a subscriber calls the toll-free number 55456340, he/she is first given the choice to choose the language.
• Next, there will be an intro (which will give the name of the challenge), followed by the below 5 options.
  1. To subscribe to the Challenge, Press 1
  2. For instructions on the challenge, Press 2
  3. For information on Gratification, Press 3
  4. And for terms and conditions, Press 4
  5. Or for information on deactivation from the Challenge, Press 5

  A. If user presses 1,

  a. If the subscriber is not already subscribed, the Subscription prompt will play, informing the caller that they can subscribe to the challenge at Rs 5 per day and give details of the gratification. Caller is told that they can subscribe by pressing 1, or to go back to the previous Menu, press 2.

  1. If caller presses 1, then, the confirmation prompt is played and the call is dropped.

  b. If the caller is already subscribed then, the already subscribed prompt is played.

  c. If the caller has subscribed and subscription is pending, then, the sub pending prompt is played.

  B. If user presses any of the above options other than 1, then the appropriate prompt will be played according to the option selected and then the user will be taken back to the same menu of 5 options.

  c. Challenge

  • The Challenge will be available on the Toll-free number 55456340 for the subscribers of this Challenge.
  • All subscribed users, as on the first day of the challenge (or from the day on which he/she becomes eligible to participate in the Challenge), will be charged Rs. 5/- per day from 01:00:00 hrs onwards, till the end of this Challenge or till the day he/she unsubscribes from the Challenge.
  • The system will try to charge all eligible challengers Rs. 5/- at 01:00:00hrs through an automated charging system .

  The daily charging of Rs.5/- per subscriber will be done through an automated charging system, where the system will automatically charge all the existing subscribers of the challenge Rs.5/- per day. This charging will be done at 01:00:00 hours. If the charging is unsuccessful, the subscriber will still be allowed to play the challenge for the day, but will not be eligible for the selection of the successful challengers of the gratification on that day.

  • Every day, once the subscriber is charged Rs.5/-, a confirmation SMS will be sent to him/her, which will also contain  the rules, gratification & T&C URL and a toll-free number 55456340 which subscribers can call, to find out more details about the challenge, or to deactivate. This charging success SMS will be sent to all subscribers who have been charged for that day after 9:00 am. All active subscribers of the challenge will be sent the 1st question of the day, irrespective of the charging status (including suspended users).  The 1st question of the day will be pushed 3 times during the day, at 9:00 AM, 12:00 noon and 3:00 PM.
  • If a subscriber has already started answering the questions for that day, he/she will NOT be sent the 1st question.
  • All active subscribers of the Challenge can play the Challenge, on the toll-free number, irrespective of whether they have been charged on that day or not by sending K to 55456340.
  • If the user is charged successfully, the local subscription cache will have his/her status as “A” and for the users whose charging has failed for the day, will have his/her status as “S”.
  • Both the “A” and “S” status users are eligible to play the challenge for the day. Hence, the subscription module should allow the same.
  • The confirmation SMS that a subscriber has been charged Rs.5 will be sent only after 9 am and before 9 pm for the day even though the charging could happen anytime between 00:00:00 hours and 23:59:59 hours.
  • There will be a black-out period of 30 minutes (from 11:45 PM to 12:15 AM) during which the 3 questions will be refreshed for the next day. Challengers will not be allowed to play the Challenge during this time. After this black-out period, the challengers can SMS the keyword K to 55456340 in order to get the first question of the next day. If the application receives a response like K 1 / 2, or even just 1 or 2, after 12:15 AM, this will be considered as an answer to the first question of the day, and will be responded to with the challenger’s score and the next question.
  • A challenger can either play the Challenge by sending the keyword “ K ” to 55456340 and then sending a response to the question like K 1 / K 2 or just 1 or 2, without the keyword K, as an answer to the question that he/she has last received on that day.
  • The Challenge consists of a total of 270 questions with 2 answer options each. The challenger can play only 3 questions a day. There will be a fresh set of 3 questions every day.
  • For every right answer, the challenger will score 1 point. There is no negative marking for a wrong answer and call-to-action.
  • After every right/wrong answer, the user will be given his/her score for the day, followed by the next question and call-to-action.
  • If the challenger stops playing the Challenge after answering a particular(nth) question, on sending the keyword again on the same day, he/she will get the next(n+1th) question. This means subsequent question will be sent after the last question played (hence there will be no repetition).
  • The questions will be played sequentially.
  • If a challenger has answered only 2 questions the previous day and sends the answer to the 3rd question the next day then the system will accept it as the response for the 1st question of the new day and give an appropriate response (right/wrong) along with the next question.
  • Once the challenger has played all the 3 questions of the day, he/she will receive an SMS informing him/her that he/she has completed all the 3 questions for the day, and can answer a fresh set of 3 questions the next day. The same will happen if the challenger sends the keyword K again after he/she has answered all the 3 questions for the day or if he/she tries to answer a question after having answered all the questions.
  • In case a subscriber experiences a delay in receiving a response or receives no response at all from the system, at anytime during the challenge period, he/she should SMS the challenge keyword K to the toll-free number, 55456340. The subscriber should refrain from sending the answer keywords, ‘1’ or ‘2’ in such a situation, as it might be considered as a reply to an unanswered question.
  • But, on the last day of the Challenge the exit text will not inform the user that he/she can play the Challenge the next day.
  • The points scored by the challenger in a day will not get carried over to the next day. His/her score will be reset to zero at the start of each day.  The selection of the successful challenger for each daily gratification will be based only on the points scored by a challenger on that day.
  • Subscribers that are charged 4 times and have not played the challenge even once from the date of activation will be kept in ‘Suspend state’ on the day after the 4th day of charging, at 12:00:01 AM, before the charging for the next day starts.
    • An SMS will be sent to all such subscribers, on the same day of suspension, informing the same. The SMS will also inform the subscribers that they can resume playing and charging, anytime during the challenge, by sending the keyword K to 55456340 or by answering a question by sending 1 / 2 to 55456340.
    • While in ‘Suspend State’, subscribers will NOT be charged.
    • Only when a subscriber sends the keyword K, his/her state will be changed from the ‘Suspend state’ to ‘Resume state’ and subscriber will be charged as well.
    • On subsequent days, the subscriber will be charged as normal.
  • Subscribers that have not played for 7 consecutive days, after playing once, will be kept in Suspend State on the day after the 7th day of non playing at 12:00:01 AM, before the charging for the next day starts.
    • An SMS will be sent to all such subscribers, on the same day of suspension, informing the same. The SMS will also inform the subscribers that they can resume playing and charging, anytime during the challenge, by sending the keyword K to 55456340 or by answering a question.
    • While in Suspend state, subscribers will NOT be charged.
    • Only when a subscriber sends the keyword K, his/her state will be changed to Resume state and subscriber will be charged as well.
    • On subsequent days, the subscriber will be charged as normal.

  The daily charging of Rs.5/- per subscriber will be done through an automated charging system, where the system will automatically charge all the existing subscribers of the challenge Rs.5/- per day. This charging will be done at 01:00:00 hours. If the charging is unsuccessful, the subscriber will still be allowed to play the challenge for the day, but will not be eligible for the selection of the successful challengers of the gratification on that day.

  2. GRATIFICATIONS
  • BUMPER GRATIFICATION: One MSISDN, across all circles, with the cumulative score of 90 points, on charged days of the challenge, will be entitled to receive the Super Bumper Gratification of a Hyundai i20.
  • DAILY GRATIFICATION:Two MSISDNs, per circle, that have been charged for the day, with the highest score of 3 points, on that day, will be entitled to receive the Daily Gratification of Talk-time worth Rs.500. One MSISDN cannot get the Daily Gratification more than once during the entire Challenge period.

  3. Selection of successful challengers- The selection process of the successful challengers for all the gratifications in this Challenge will be as follows:

  Bumper Gratification: The selection of the successful challenger for the Bumper Gratification will be done after the end of the Challenge. One MSISDN, across all circles, with the cumulative score of 90 points, on charged days of the challenge, will be selected as the successful challenger of the Super Bumper gratification of a Hyundai i20. In case of a tie, the Successful Challenger will be selected through a system generated process which will be scrutinized by an independent audit mechanism. The successful challengers of the Bumper Gratification will still be eligible to receive the Daily Gratification provided he/she meets the criteria and gets selected by the system generated process in case of a tie.

  Daily Gratification: Two MSISDNs, per circle, that have been charged for the day, with the highest score of 3 points, on that day, will be entitled to receive the Daily Gratification of Talk-time worth Rs.500. In case of a tie, the successful challenger will be selected through a system generated process which will be scrutinized by an independent audit mechanism. One MSISDN cannot receive the Daily Gratification more than once during the entire challenge period. But, the successful challengers of the Daily Gratification will still be eligible to receive the Bumper Gratification provided he/she meets the criteria of the respective Gratifications and gets selected by the system generated process in case of a tie.  

  In the event that a challenger is not charged for any particular day during the Challenge, he/she will not be stopped from playing the Challenge, but he/she will not be eligible to receive the daily gratification on that particular day. Also, the points scored by such a challenger on such a day will not be considered in selecting the successful challenger of any of the gratifications being offered in this Challenge.

  4. The gratifications offered in this Challenge will be sponsored and distributed by OnMobile. The Gratification/s offered in this Challenge may be given to the successful challenger/s during a special event, the venue, date and time of which shall be announced by the organizers, at their sole discretion, subsequent to the completion of the Challenge.

  5. After the selection and validation of the successful challengers of all the above mentioned gratifications, the successful challenges will be contacted, through SMS or calls, for 3 consecutive days, and will be given further details as to how, when and where they can redeem their respective gratifications. The gratifications must be claimed by the successful challengers within one month of the date of intimation, failing which, the gratification will be forfeited. In the event that any of the successful challengers cannot be reached or are ineligible or are disqualified, for any reason whatsoever, the organizers reserve the right to forfeit the gratification, at their sole discretion.

  6. This challenge is being made purely on a “best effort” basis and participation of eligible subscribers is voluntary, and subject to acceptance of these Terms and Conditions.

  7. By entering the Challenge, you confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and you agree to receive promotional messages from OnMobile/ the organizers, as they may in their sole and absolute discretion decide.

  8. Subscriber shall directly contact OnMobile at 18001234000 (toll-free) regarding any queries / complaints pertaining to the Challenge. Alternatively, the subscriber can also send an email to contests_cc@onmobile.com . All disputes must be addressed by the Subscriber in writing to OnMobile directly and IDEA shall not entertain any communication in this regard.

  9. The Subscriber hereby understands and gives his/ her irrevocable consent for personal information relating to the Subscriber to be exchanged with Idea, OnMobile and its vendors or published and/or communicated to/in any media that it may deem fit, and Idea, OnMobile or its Vendors may, at their sole discretion choose to publish or disclose the name(s), phone number(s), score(s) and/or photographs of all challengers, if required, and specifically, of successful challengers.

  10. You acknowledge and agree that all copyright and trade marks and all other intellectual property rights in the SMS content/website and all material or content related to the Challenge shall remain, at all times, owned by the Organizers / 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.

  11. Idea/OnMobile is neither responsible nor guarantees the quality of the goods/services being offered as gratifications nor is it liable for any defect or deficiency of goods or services so obtained/availed, by the subscribers under this challenge. OnMobile is also not liable for any defect/ deficiency in the gratification(s) so offered or availed, by the subscribers under this challenge.

  12. The gratification(s) under the challenge is neither assignable nor transferable under any circumstances. All the gratifications shall be subject to such other terms and conditions as may be applicable to specific gratifications and shall have to be duly complied with by the successful challenger. .

  13. The gratification(s) to the successful challengers shall be given subject to compliance with all applicable statutory legislations/ processes /formalities in connection with the gratification(s) and on production of all such documents/papers as may be required by Idea/OnMobile before accepting the delivery of the gratification. Any failure on the part of the successful challengers to comply with directions issued by Idea/OnMobile for claim of gratification shall entitle Idea/OnMobile to forfeit the gratification(s) or roll the gratification over to the next eligible successful challenger, at their sole discretion. OnMobile at its sole discretion shall decide the model/variant of any gratification being offered in this Challenge.

  14. 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 17 herein below.

  15.The Organizers, at their sole discretion, may or may not provide a cash alternative to any of the gratifications being offered in this Challenge.

  16. All incidental costs/taxes/levies related to the gratification(s), if any, shall be exclusively borne by the subscriber, including but not limited to TDS, Gift tax (if any), Road Tax, Insurance and any other taxes applicable by the Central, State or Municipal government.

  17. All gratifications must be claimed by the successful challengers, along with the documents specified herein below. The documents required to be submitted along with the claim by the successful challengers include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of Law):

  • Identity Proof
  • Address Proof
  • Proof of holding the Idea telephone connection
  • Letter of Compliance with rules and regulations and declarations in the format as may be required by Idea etc. 

  18. 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 Successful Challenger at the prevailing rate.  Further, all Successful Challengers must furnish a valid Indian PAN Card to claim the gratification amount, or gratification, irrespective of the value of the same, failing which the Successful Challenger’s gratification shall be forfeited, or the prize shall be rolled over to the next eligible Challenger, at the sole discretion of the Organizer(s).

  *A successful challenger earning gratification in excess of INR 10,000/- in a year in aggregate from all challenges / offers conducted by OnMobile Global Limited as one of the Organizers irrespective of the Operator or other organizers will be subject to TDS under the Income Tax Act, 1961. 

  19. The list of successful challengers of the Gratifications shall be published at http://idea.contestzone.in

  20. All gratifications will be given after deducting various taxes, license fees and charges as applicable.

  21. The list of successful challengers of all gratifications will be announced after the end of the challenge and after all the successful challenger selection processes are completed.

  22. The employees of Idea / OnMobile and their group companies, affiliate or associate companies shall not be eligible to get any of the gratifications offered in this Challenge.

  23. The Gratifications shall be handed over by Idea/OnMobile on receipt of all the documents, from the successful challenger, required to process the distribution of the Gratification.

  24. This offer cannot be used in conjunction with any alternative offer or promotion.

  25. This challenge is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Idea/ OnMobile.

  26. The Terms and Conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form.

  27. This challenge 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.

  28. The decision of Idea and OnMobile in respect of all transactions under this challenge shall be final and binding.

  29. Questions and their answers, designed/sourced by OnMobile, are as per their best knowledge and information available and have been collected and framed with reasonable prudence. In case there is any discrepancy / dispute regarding the questions or answers, neither OnMobile nor any third party involved shall have any liability towards any challengers.

  30. Neither Idea nor OnMobile shall be responsible for any claims arising out of technical failures before, during or after the completion of the Challenge including but not limited to any technical failures in the mobile connectivity, failure of servers or the failure to provide the correct Challenge score updates or any mistakes arising out of technical snags. Further, OnMobile/Idea shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of OnMobile or Idea.

  31. The subscriber hereby agrees and undertakes not to hold Idea/ OnMobile 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 remote that you may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Challenge.

  32. Idea/OnMobile 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 challenger and/or any third party, directly or indirectly, by use or non-use of the gratifications offered in this Challenge.

  33. Idea and OnMobile reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this offer/Challenge or any part thereof including the eligibility criteria, the Terms & Conditions and gratifications at their sole discretion at anytime during it’s validity as may be required in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and the same shall be binding on the Subscriber. You are therefore advised to check this website regularly for any update(s) or amendment(s) made to these terms and conditions.

  34. These Terms & Conditions are subject to Indian Law and the exclusive jurisdiction of the Courts in Mumbai.