Terms and Conditions of the Offer for participants

NAYI GAADI ISS TYOHAR CHALLENGE

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

 TERMS:

This Challenge is 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 13th October 2010 00:00:01 hrs till 11th December 2010 23:59:59 hrs for the pre-paid as well as post-paid category of cellular subscribers of the Nayi Gaadi Iss Tyohar Challenge (open for subscription from 12th October 2010 till 10th December 2010), of the following Idea Cellular Limited telecom circles:

Circles

ANDHRA PRADESH

ASSAM

DELHI

GUJARAT

HIMACHAL PRADESH

KARNATAKA (Only for Prepaid subscribers)

KERALA

KOLKATA

MADHYA PRADESH

MUMBAI

NE

ORISSA

PUNJAB

RAJASTHAN

UTTAR PRADESH (EAST)

UTTAR PRADESH (WEST)

WEST BENGAL

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:  

1.     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 criminal record nor be of an unsound mind and must have a firm contractual capacity.

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. 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.

2. To Participate:

a. The Idea subscribers can subscribe to the NAYI GAADI IS TYOHAR Challenge by: 

• Typing the keyword CAR and sending the SMS to 55456340 Toll-Free or 55456 @Rs.3/SMS.
• Pressing 1 through OBDs.
• Calling *333*05#
• Apart from the SMS charge of Rs 3 (if the subscriber sends the keyword to the short code 55456), as mentioned above, the subscriber will not be charged any further amount towards subscription to this Challenge.
• 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 confirmed.
• 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 @ 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 tollfree number 55456340.
• If a member wants to unsubscribe from the Challenge, then it can also be done by sending ‘UNSUB CAR’ to 55456 or to 55456340.

b. Challenge

• The Challenge will be available on the Toll free short code 55456340.
• All eligible challengers of the Challenge will be charged Rs 5/- per day, from 13th October 2010 00:00:01 hrs (or from the day on which he/she becomes eligible to participate in the Challenge) onwards, till the end of this Challenge.
• The system will try to charge all eligible challengers Rs. 5/- at 01:00:00hrs through an automated charging system .
• Everyday, once the subscriber is charged Rs.5/-, a charging success SMS will be sent to him/her, along with the rules, gratification & T&C URL. This SMS will be followed by the first question of the day, and answer options so that he/she can start playing the Challenge. The 1st question SMS, to the subscribers who have been charged but have not started playing the Challenge on that day, will be sent after 8:00 am.

• The confirmation SMS that a subscriber has been charged Rs.5 will be sent only between 8 am and 9 pm on any given day, even though the charging might happen at 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 5 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 challenger can SMS the keyword PLAY to 55456340 in order to get the first question of the next day. If the application receives a response like PLAY X/Y, or even just X or Y, 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 play the Challenge by either sending the keyword “PLAY” to 55456340 to get the question, or by sending a response to the question like PLAY X /PLAY Y or just X or Y, without the keyword, as an answer to the question that he/she has last received on that day.
• The Challenge consists of a total of 300 questions with 2 answer options each. The challenger can play only 5 questions a day. There will be a fresh set of 5 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 3 questions the previous day and sends the answer to the 4th 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 5 questions of the day, he/she will receive an SMS informing him/her that he/she has completed all the 5 questions for the day, and can answer a fresh set of 5 questions the next day. The same will happen if the challenger sends the keyword again after he/she has answered all the 5 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 Chalenge keyword PLAY to the toll-free number, 55456340. The subscriber should refrain from sending the answer keywords, ‘X’ or ‘Y’ 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.
• All subscribers of the Challenge who have NOT played the Challenge for the last 3 days will be sent an SMS asking them to play the Challenge by sending the keyword PLAY to 55456340. This SMS will also contain the method of unsubscribing from the Challenge so that subscribers are educated about the same.
• All subscribers of the Challenge who have NOT played the Challenge for the last 15 days will be sent an SMS informing them that they will be unsubscribed and the system will then deactivate them from the Challenge.

.3. GRATIFICATIONS:

• BUMPER GRATIFICATION: One challenger to have achieved a top score of 5 points on the maximum number of days, at the end of the Challenge, will be entitled to receive the Bumper gratification of a Maruti Alto.
• WEEKLY GRATIFICATION: One challenger from each circle to have achieved a top score of 5 points on the maximum number of days, at the end of every week, as per the weekly schedule**, will be entitled to receive the Weekly Gratification of Gold worth Rs.18,000/- or a LCD TV, as per the below table***.
• DAILY GRATIFICATION: One challenger from each circle to have achieved a top score of 5 points in a day, in the least amount of time, will be entitled to receive a Bank Voucher Worth Rs.1000/. One successful challenger cannot receive the Daily gratification more than once in the Challenge.

** Weekly Schedule

Week	From	To
1	13-OCT-10	23-OCT-10
2	24-OCT-10	30-OCT-10
3	31-OCT-10	6-NOV-10
4	7-NOV-10	13-NOV-10
5	14-NOV-10	20-NOV-10
6	21-NOV-10	27-NOV-10
7	28-NOV-10	4-DEC-10
8	5-DEC-10	11-DEC-10

***The Weekly Gratification will be as follows:
 

4. 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 challenger across all circles to have achieved a score of 5 points on the maximum number of days at the end of the Challenge, will be selected as the successful challenger of the bumper gratification of a Maruti Alto. In case of a tie, the Successful Challenger will be selected based on the time taken by the eligible Challengers on all the days when he/she scored 5 points and was charged, and the challenger, whose sum total of time taken on all such days is the lowest, will be selected as the Successful Challenger. In case of a further tie, the Successful Challengers 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 Weekly Gratification and the Daily Gratification provided he/she meets the criteria of the respective Gratifications.

Weekly Gratification: The selection of the successful challengers of the Weekly gratification will be done after the end of every week, as per the weekly schedule. One challenger from each circle to have scored 5 points on the maximum number of days, at the end of each week, will be selected as the successful challenger of the weekly gratification of Gold worth Rs.18,000/- or a LCD TV, as per the above table. In case of a tie, the Successful Challenger will be selected based on the time taken by the eligible Challengers on all the days, of that week, when he/she scored 5 points and was charged, and the challenger, whose sum total of time taken on all such days is the lowest, will be selected as the Successful Challenger. In case of a further tie, the Successful Challengers will be selected through a system generated process which will be scrutinized by an independent audit mechanism. One challenger cannot receive more than 1 Weekly Gratification during the Challenge period. However, the successful challengers of the Weekly Gratifications will still be eligible to receive the Bumper Gratification and the Daily Gratification provided he/she meets the criteria of the respective Gratifications.

Daily Gratification: One challenger, who was charged Rs.5 for that day and has achieved a score of 5 points, in the least amount of time, will be selected as the successful challenger of a Bank Voucher worth Rs.1000/- for that day. The time that shall be taken into consideration in selecting the successful challenger of this gratification shall be the time from when the system receives the answer to the first question of that day, from that challenger, till the time the system receives the answer to the last(5th) question of that day, from that challenger. In case of a tie in the time taken by the challengers to answer the question, the successful challenger will be selected through a system generated process which will be scrutinized by an independent audit mechanism. One challenger cannot receive more than 1 daily gratification during the Challenge period. However, the successful challengers of the Daily Gratification will still be eligible to receive the Bumper Gratification and the Weekly Gratification provided he/she meets the criteria of the respective Gratifications.  

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.

5. 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.

6. After the selection and validation of the successful challengers of all the above mentioned gratifications, the successful challenges will be contacted, through SMS & 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.

7. This Offer is being made purely on a “best effort” basis and participation of eligible challengers is voluntary, and subject to acceptance of these terms and conditions.

8. 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.

9. Challenger shall directly contact OnMobile regarding any queries / complaints pertaining to the Challenge. Alternatively, the challenger can send an email to contests_cc@onmobile.com. All disputes must be addressed by the challenger in writing to OnMobile directly and IDEA shall not entertain any communication in this regard.

10. The challenger hereby understands and gives his/ her irrevocable consent for personal information relating to him/her 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.

11. 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.

12. 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 challenger under this Offer. OnMobile is also not liable for any defect/ deficiency in the gratification(s) so offered or availed, by the challengers under this Challenge.

13. The gratification(s) under the Offer 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.

14. 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.

15 The Gold will be given to the Successful Challenger(s) after deduction of such value equivalent to the amount of applicable taxes, including but not limited to, TDS @ 30.99% or as applicable from time to time and applicable VAT on the purchase of the Gold. The Successful Challenger will receive a TDS certificate in respect of the amount of tax deducted at source, and also a statement showing the value of the Gold received.

16. The price of the Gold for the purposes of distribution of the Gratification under this offer shall be calculated as per the prevailing rates as on such date as shall be selected by the Organizers at their sole discretion.

17. The purity of the Gold being offered as gratification in this Challenge will be of 22 carat certified Gold.

18. The Gold will have to be collected by the Successful challenger, at his/her own expense, from a location as specified to the Successful challengers by the Organizers

19. 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 22 herein below.

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

21. All incidental costs/taxes/levies related to the gratification(s), if any, shall be exclusively borne by the challenger, 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.

22. 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. 

23. Any gratification of value in excess of INR Rs. 10,000/- will attract deduction of tax at source and all taxes to be paid on the gratification/s shall be paid by the Successful Challenger on the prevailing rate. 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.

24. The selection of the successful challengers of all the gratifications being offered in this challenge shall be completed within 6 months from the Challenge end date. The list of the successful challengers of the Daily Gratifications will be published at http://idea.contestzone.in as and when they have been contacted and confirmed. The list of successful challengers of the remaining Gratifications shall be published at http://idea.contestzone.in within 6 months of the Challenge end date.

25. The employees of Idea / OnMobile and their group companies, affiliate or associate companies shall not be eligible to participate in this Offer.

26. 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.

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

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

29. The terms and conditions stated herein shall not override the terms and conditions of the Subscriber Enrolment Form.

30. This Offer is subject to guidelines/ directions issued by the Telecom Regulatory Authority of India or any other statutory authority from time to time.

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

32. 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.

33.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.

34. The Challenger 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.

35. 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.

36. 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 its 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 challenger. You are therefore advised to check this website regularly for any update(s) or amendment(s) made to these terms and conditions.

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