TERMS AND CONDITIONS FOR “Feel Alive Hours Quiz – T&C”
A. ACCEPTANCE OF TERMS AND CONDITIONS
1. The terms and conditions (“Terms and Conditions”) as set out below by MSM-Worldwide Factual Media Private Limited, a company incorporated under the Companies Act, 2013 with its registered address at 4th Floor, Interface Bldg. 7, Off Malad Link Road, Malad (West) Mumbai 400064 (“MSMW”) in relation to the Quiz (defined hereinafter) shall be a legally binding agreement between the Participant (defined hereinafter) and MSMW.
2. By participating in the Quiz, the Participant represents and warrants that the Participant has read and understood the Terms and Conditions.
B. THE CONTEST AND PARTICIPATION
1. The contest Feel Alive Hours Quiz – T&C ("Quiz") is hosted by MSMW on www.sonybbcearth.com/school (“Platform”) during the period commencing from November 25, 2019 at 00:00 hours Indian Standard Time (“IST”) and ending on the date when communicated by MSMW on the Platform (“ Period”).
2. The Quiz shall be hosted on the Platform of the Sony BBC Earth’s (“ Channel”), specifically on the tab designated as Quiz on the Platform (“Account”).
3. To participate in the Quiz, any person fulfilling the below mentioned eligibility criteria and participating in the Quiz (“ Participant”) shall be required to answer ten questions which will appear through a randomizer on the Account. A score will be visible on the Platform once all the questions are answered and the personal details have been inserted by the Participant on the Account.
4. The Participant can send unlimited Entries.
5. Incomplete Entries shall not be considered for the Quiz and shall be null and void.
6. MSMW or its authorized agent shall select 10 (ten) winners each month among the Entries submitted by the Participants on the Platform, based on the highest scores and in case of a tie on a random selection process by MSMW and/or its representatives (each “Winner”) and announce the Winners within 5 days from the last day of the relevant month (“Announcement Date”). MSMW reserves the right to select the Winner of the Quiz and such decision shall be final and binding on the Participants.
7. MSMW reserves its right to select and declare or not to declare the Winner if no contestant has submitted entries up to the satisfaction of MSMW. Decision of MSMW in this regard is final and no correspondence in this regard will be entertained.
8. The Winners shall be contacted via email or phone number provided by the Participants at the time of entering the Quiz within seventy-two (72) hours of the Announcement Date or such other date as may be notified by MSMW. From the first attempt to call, MSMW will attempt two (2) more times to contact the Winner. If the Winner fails to receive this call or the email due to any reason, MSMW will not make any further attempts to contact the said Winner. In the event, successful contact with the Winner is not established that Winner shall not be considered for the Prize and MSMW may/may not choose another Winner at its sole discretion. MSMW may require Winners to provide valid photo identity documents including but not limited to passport and ration card prior to handing over the Prize(s). MSMW may or may not announce the Winners via the Platform and/or the Channel.
9. Each Winner of the Quiz shall win exclusive Sony BBC Earth merchandise and collectibles as per the desecration of MSMW (“Prize”).
10. In order to be eligible for the Prize, the Entries submitted by the Participant shall be as per the Terms and Conditions stated herein.
11. In the event of any discrepancy as to the date and/or the time of receipt of Entries, MSMW shall have the final decision in resolving such discrepancy.
13. MSMW may require Winners to provide valid photo identity documents including but not limited to passport and ration card prior to handing over the Prize(s).MSMW may or may not announce the Winners via the Platform and/or the Channel.
C. ELIGIBILITY OF THE PARTICIPANT FOR PARTICIPATION IN THE CONTEST
1. The Quiz is open for the residents of India only.
2. The Participant must have attained the age of 9 years to participate in the Quiz. In the event, the Participant is between the age of 9 to 18 years, then Participant may enter the Quiz with the consent of the parents, or the guardian of the Participant and these Terms and Conditions will be enforced against the parent or the guardian representing such Participant. Further, Participant’s guardians/parents are advised to monitor the Participant’s participation in the Quiz. As the person legally responsible, it is the parent's or guardian's responsibility to decide whether or not the Quiz is suitable for the Participant and to monitor the same.
3. Employees, agents and promoters (including their immediate family members) of MSMW and any of their divisions, affiliates and subsidiaries, and others associated with the Quiz in any manner, are not eligible to participate in the Quiz.
4. MSMW reserves the right to disqualify any Participant from participating
in the Quiz without assigning any reason. The decision of MSMW in this
regard shall be final and binding upon the Participant.
D. TERMS AND CONDITIONS TO CLAIM THE PRIZE
1. The Prize will be awarded to the Winner pursuant to verification and in accordance with these Terms and Conditions.
2. While accepting the Prize, the Winner may be required to sign an “indemnity and release of claims” form provided by MSMW, as the case may be, which shall release MSMW of all liability. Failure to complete and sign any documents requested by MSMW may result in disqualification and selection of an alternate Winner. All decisions of MSMW are final in this regard.
3. MSMW shall not be liable for any defect, loss, harm to the Winner while claiming the Prize and makes no representation and/or warranty regarding the same and hereby expressly disclaims all other warranties, express or implied.
4. The Winner can claim a Prize only once in this Quiz for the relevant month. Any subsequent wins (if declared) will be automatically void.
E. OTHER TERMS AND CONDITIONS
1. The mode of delivery/obtaining the Prize shall be communicated by MSMW to Winner after the Announcement Date at MSMW’s sole discretion.
2. By participating in the Quiz, each Participant agrees to follow these Terms and Conditions and to be bound by any decisions made by MSMW in its sole discretion, including any interpretations of the Terms and Conditions.
3. MSMW reserves the right in its sole and absolute discretion to amend/change/vary any of the terms and condition for the Quiz including the Period at any time without any prior notice. By entering into the Quiz the participant agrees to such amended terms.
4. The Participant agrees and understands that when using the Platform, the Participant will be exposed to entries from a variety of sources and users, and that MSMW is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such entries. The Participant further understands and acknowledge that he/she may be exposed to entries that is inaccurate, offensive, indecent, or objectionable, and he/she agrees to waive, and hereby do waive, any legal or equitable rights or remedies he/she has or may have against MSMW with respect thereto, and agree to indemnify and hold MSMW its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to his/her access to or use of the Platform.
5. MSMW shall not be responsible for any technical disruption and/or failure/ server problems and/ or any other difficulties of such nature, due to which the Participant is unable to submit the Entry on the Platform and/or participate in the Quiz.
6. MSMW assumes no responsibility for errors, timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. The Participant is responsible for obtaining access to the Platform.
7. MSMW including their divisions, affiliates and subsidiaries, and their respective agents and representatives, owners, distributors, retailers, and advertising/promotion agencies, are not responsible for any loss of Entries for any reason whatsoever including, due to any problems caused, service providers, technical disruption and/or failure/ server problems and/ or any other difficulties for Entries. Entries are void if unreadable, inaccurate, incomplete, damaged, tampered with, falsified, mechanically reproduced, irregular in any way or otherwise not in compliance with these Terms and Conditions.
8. The Participant shall ensure that the Entry:
a) shall not violate the rights of any third party, including, but not limited to, privacy rights, copyrights, trademark rights and/or any other intellectual property rights; The Participant shall indemnify the MSMW, its officials, employees, representatives against any claim, loss, damages and liability arising as a result of infringement of third party rights including but not limited to intellectual property rights.
b) is not harmful, harassing, blasphemous, defamatory, obscene, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever;
c) does not harm minors in any way;
d) does not violate any law for the time being in force;
e) does not deceive or mislead about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
f) does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
g) shall not create any liability for MSMW or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.
9. Mere participation in the Quiz does not entitle the participants to win a Prize.
10. MSMW does not provide any implied or express warranties or guarantees with respect to usability and sizes of the Prize.
11. Prize is not transferable, assignable or exchangeable. The Prize cannot be negotiated or refunded, and by no means will cash equivalent be given. Only the Winner, and no other person or agent, may claim the Prize.
12. MSMW has the right to substitute the Prize with other prize of similar or equal value, as determined by MSMW in its sole discretion.
13. MSMW is not responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided in the Quiz is provided "As is" without warranty of any kind. MSMW makes no representations and disclaims all express, implied, and statutory warranties of any kind to the participant and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.
14. Under no circumstance shall MSMW and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if MSMW has been advised of the possibility of such damages. The Participant specifically agrees not to file in person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against MSMW and/or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Quiz.
15. By entering into the Quiz, the Winner waive all copyrights, rights of publicity and any related rights and consents to MSMW’s right to picture, tape or portray him/her as a Winner, and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio and print media, without any compensation whatsoever for advertising and publicity purposes, except where prohibited by law.
16. The Participant consent to MSMW’s right to use his/her name, voice or picture, or the content of his/her Entry(ies) (collectively, the “Publicity Rights”) on the Channel’s account on the social media platform, the Channel, Channel’s website or otherwise.
18. Providing information to MSMW is voluntary and the Participant’s personal choice and such information will only be used for MSMW’s internal purposes and to send Participants promotional information in the future pertaining to the Channel/MSMW/Website. By participating in the Quiz, the Participant agrees to allow MSMW authorized use of the Participant’s information and the Participant agrees to abide by the Terms and Conditions of the Quiz.
19. The transmission of information over the internet is not completely secure. Although MSMW strive to protect the Participant’s personal data, MSMW cannot guarantee the security of the Participant’s data while it is being transmitted via the internet; any transmission is at the Participant’s risk and without any liability to MSMW.
20. The decisions of MSMW and its representatives shall be final and binding on all aspects of the Quiz.
21. The Quiz shall be governed by and construed in accordance with the applicable laws in India including the privacy laws of India. All matters with respect to the Quiz are subject to the jurisdiction of the Courts at Mumbai only.
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