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“Diwali Dhamaka-2014” CONTEST
TERMS AND CONDITIONS OF“DIWALI DHAMAKA-2014” CONTEST
1. The ““DIWALI DHAMAKA-2014” Contest” (“Contest”) is open only to Indian
citizens (individuals), residing permanently in India aged 18 years or above and
who are valid mobile Tata Indicom, Tata Docomo and Virgin Mobile subscribers
of Tata Teleservices Limited (TTSL) and Tata Teleservices (Maharashtra)
Limited (TTML). (TTSL and TTML are hereinafter collectively referred to as
“TTL”) (hereinafter referred to as the “Participant/s”).
2. To participate in/register for the Contest, the Participants have to either, i)
subscribe to Lumata pack and send SMS “WIN” to short-codes
54321/582820/58282 to receive Contest questions, or ii) send SMS “WIN” to
shortcodes 54321/582820/58282 to receive Contest questions.
3. . The Partcipant will be deemed to have participated in the Contest once he/ she
sends such SMS. provided he/she is not disqualified by any conditions laid down
hereinbelow. The participation in this Contest implies unconditional acceptance
of all the terms and conditions of the Contest by the Participants
4. The Contest is organized by TTL for their subscribers, and managed and
sponsored by Lumata Digital India Pvt. Ltd. Level 12, Building No. 8, Tower C,
DLF Cyber City, Phase II, Gurgaon, Haryana - 122002, India, (hereinafter referred
to as “Lumata”).
5. The Contest is neither open to employees, distributors, franchisees, agents and
suppliers of, TTL and Lumata, nor to the relatives /dependents of such
employees, distributors, franchisees, agents, vendors and suppliers, of TTL and
Lumata.
6. For the purpose of the Terms and Conditions of this Contest, the term relative
shall have the same meaning as contemplated under section 2(41) of the Income
Tax Act, 1961, or as may be determined by TTL at its sole discretion.
7. The Contest shall run for the period of 84 days (12 weeks) commencing from
_04-10-2014 at 00.01 hours in the morning and concluding on 27-12-2014 at
0000 hours in the night (both days inclusive) (hereinafter referred as the
“Contest Period”). Unwanted agencies/ professional player in market who are
professional of participating in these types of contest and winning prizes shall
not be eligible as they shall dilute the complete proposition of this Contest. TTL
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decision in this regard shall be final and binding on the participants of the
Contest
8. The Contest is valid only in India.
9. The participation in the Contest is purely voluntary and the participation shall be
complete once the Participant downloads the contest and sends the SMS WIN in
accordance with the terms and conditions of the Contest.
10. The Contest is in the form of questions based on general knowledge, which must
be answered by the Participant by using his own knowledge and skill without
any external help. The Participant will score 1 point for every correctly answered
question.
11. The Lumata pack subscribed Participants will be charged Re. 1/- per SMS. The
daily/weekly/monthly subscription and High volume pack charges of Lumata
pack shall be Rs.45/18/5/2 respectively, with all fall-back pricings. Nonsubscribed Participants will be charged Rs. 5 per SMS. The charges paid by the
Participants are towards the services and no additional charge is collected from
the Participants for participating in the Contest. The Contest is for the benefit
and encouragement of the Participants and is organized in the spirit of a
competitive quiz with the motive of rewarding the Participant for their skills and
general knowledge.
12. There will be 5 Daily prizes, 3 weekly prizes, 2 Monthly prizes and 1 Bumper
Prize which shall be sponsored by Lumata.
13. The criteria for selection of winners shall be as follows:
i.
Daily prize category: 5 Participant with highest score during a Contest day
subject to minimum score of 10(Ten) points in that day will be declared as
daily winner for that contest day and the contest for each day shall end on
00:00 AM. The Participant shall be entitled to download the last question at
any time during the day and the winner shall be declared/informed in the
manner stated hereinbelow.
ii.
Weekly prize category: 3 Participants with highest score during a Contest
week; subject to minimum score of 100 (One Hundred) points in that week
will be declared as weekly winners for that contest week. The Participant
shall be entitled to download the last question at any time during the day and
the winner shall be declared/informed in the manner stated hereinbelow.
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iii.
Monthly prize: 2 Participants scoring highest score during contest month and
having scored more than 5000 points (across India) and having played the
contest for 20 days scoring minimum 20 points daily will be declared as
Monthly winners. Participants shall be entitled to download the last question
at any time during the day and the winner shall be declared/informed in the
manner stated hereinbelow.
iv.
Bumper prize: The Participant scoring highest score during entire contest
period and having scored more than 20000 points (across India) and having
played the contest for 70 days, scoring minimum of 30 points daily will be
declared as Bumper winner. The Participant shall be entitled to download the
last question at any time during the day and the winner shall be
declared/informed in the manner stated hereinbelow.
14. In case there are two or more Participants with the same score for the relevant
Contest day or Contest week or Contest Month or Contest Period; as the case may
be, then the Participant who has made the relevant score first in point of time as
per TTL records will be considered by TTL as the first winner for the specific
prize. The other Participants who have scored the same points as first winner
but in time longer than first winner, will be first considered for the balance
prizes of the relevant Contest day or Contest week or Contest month or Contest
Period; as the case may be, and then the Participants with second highest score
or so on. The decision of TTL shall be final and binding on the Participants of the
Contest. TTL shall not entertain any dispute in this respect.
15. There will be no repetition in weekly and monthly winners.
16. The prizes are as under:
Prize
Descriptions
Total
Gratification(Count)
Eligibility
Points
3rd
4th
5th
Amount(Rs)
Total
Gratification(Rs)
Daily
Prize(Mobile
recharge of
MRP)
5/DAILY
420
10
1,000
700
500
300
100
2,600
2,18,400
Weekly
Prize(Cash)
3/WEEKLY
36
100
9,000
7,000
5,000
21,000
2,52,000
Monthly(Cash)
2/MONTH
6
5,000
1,00,000
50,000
1,50,000
4,50,000
Honda Amaze
1/BUMPER
1
20,000
6,00,000
6,00,000
1st
2nd
3
Total
463
15,20,400
17. TTL and Lumata at their sole discretion can provide any other prize in kind as an
alternative to the cash prizes referred above, provided the prize in kind is
equivalent to the cash value as referred to above. Neither TTL nor Lumata will
entertain any requests for exchange in lieu of the prize/s.
18. The Participants understand and accept that the prize/s under the Contest are
sponsored and provided by Lumata. TTL does not guarantee or make any
representations or warranties regarding the quality, performance, features or
capabilities/utility of the Gift to winner(s) of the Offer and TTL shall not be held
responsible or liable for non-delivery or shortfall or deficiency in the prize/s, and
all the legal remedies in relation to the prizes shall solely lie against the Lumata.
19. Contestants can play any number of questions. There are no caps on number of
question to be played and the score of each day shall be provided to the
Contestant on a regular basis from time to time.
20. The winners shall be intimated by way of telephonic call on confirmation of the
list of winners by TTL, within the number of days mentioned below
 Daily winners – within 15 days of the relevant Contest day

Weekly winners - within 30 days of the relevant Contest week;

Bumper winner/s - within 45 days of the completion of relevant Contest
Period.
21. In the event of no response from the concerned winner to the phone call, then he
will be intimated by way of SMS communication. If the winner does not respond
to the SMS within 30 days of the SMS communication, then the winner will be
intimated through registered post. If the concerned winner does not respond to
the registered post communication within the specified number of days, then his
Gift will be forfeited by Lumata. Any such forfeiture if contested shall be
independently contested by the Contestant with Lumata and TTL shall not be
concerned with the same, in any manner whatsoever. The list of the winners will
be posted on the Tata Docomo website.
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22. The prize/s will be distributed within 45 days from the acknowledgement of the
acceptance of the prize/s by the concerned winner in response to the
communication from Lumata, subject to the submission of supporting documents
by winner as required by Lumata and TTL. If the winner absents from taking the
delivery of the prize/s, and fails to collect the same within 45 days from the
acknowledgement of the acceptance of the prize/s by him/her, then his/her
prize/s shall stand forfeited by Lumata and if the Contestant chooses to contest
such forfeiture in any manner, the same shall be contested by the Contestant
solely against Lumata and TTL shall not be concerned with the same in any
manner whatsoever.
23. The prize/s of the Contest will be given only to the winner/s in whose name the
mobile phone number is registered. The winner needs to be the TTL active
subscriber at the time of receipt of prize/s and winner should have cleared all
the outstanding dues of TTL and should not be disqualified in any manner
whatsoever, as stated aforesaid. To redeem the prize, the winner should declare
his name & address and provide a valid proof of identity and other supporting
documents as may be required by TTL/Lumata. It is the responsibility of the
winner/Participant to inform TTL of any change in the address of
communication. The logistics and cost of delivering the Gift will be borne by
Lumata.
24. Neither TTL nor Lumata will
be responsible for any loss, damage,
claimed/demanded by the Participants due to any of the following reasons:a. Participant is unable to send the SMS for whatever reasons to the Contest
short code;
b. Participant sends an SMS inadvertently or otherwise to a wrong SMS code;
c. Participant sends the SMS but with wrong text;
d. Participant is unable to understand the terms and conditions of the Contest;
e. Participant is unable to understand the process of participation or is unable
to participate in the Contest;
f. Participant is declared as a winner but is aged less than 18 years of age or is
incompetent to enter into a contract;
g. Any other reason, event, error or incidence not within the control of TTL/
Lumata but which is directly or indirectly against the spirit and/or purpose
of the Contest which may be solely at the discretion of TTL. Apart from the
entitlement to the above prize/s, the winner/s or their legal heirs will have
no other rights or claims against Lumata or TTL.
25. TTL reserves the right to terminate, modify or extend this Contest at any time at
its absolute discretion, without notice to the Participants and/or Lumata.
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26. The Contest cannot be clubbed with any other contest or offer.
27. A Participant shall be considered ineligible if he/she does not confirm to the
conditions as stipulated in this Terms and Conditions, or cannot provide any of
the required documents as stipulated in this Terms and Conditions.
28. The prize/s shall be subject to the laws of India, including all the tax laws. All
applicable regulatory and statutory duties, cess, surcharges, taxes (including TDS
deduction by Lumata), insurances, transfer fees, registration fees etc. that may be
applicable to avail/use the prize/s will be borne by the winner. All incidental
costs/taxes/levies related to the prize(s), shall be exclusively borne by the
winner.
29. All prize(s) must be claimed by the eligibility criteria as set about in this terms
and conditions, along with the documents specified herein below. The documents
required to be submitted along with the claim by the highest scorer(s) 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
Photocopy of PAN Card Proof of holding telephone connection
Letter, Declaration or any other document in the format as may be required by
TTL etc.
30. Any prize of value in excess of INR 10,000/- will be subject to deduction of Tax at
Source (‘TDS’) under the provisions of the Income Tax Act, 1961 (here, the value
of prize refers to single payment i.e. each prize and not the total of all prizes
during a financial year). Such TDS on the prize/s shall be borne by the
winner. Further, all the successful participants/highest scorer must furnish a
valid Indian PAN Card copy to claim the prize(s) amount, or prize(s), irrespective
of the value of the same, failing which the successful participant/highest scorer’s
prize(s) shall be forfeited, or the prize(s) shall be rolled over to the next eligible
participant/highest scorer(s), at the sole discretion of TTL. The successful
participant/highest scorer shall also be liable to pay all the other taxes which are
applicable under any statue or law.
31. This Offer 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. By accepting the Offer, the
Participant acknowledges and undertakes not to bring any legal action nor shall it
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hold TTL or Lumata accountable or responsible under any Applicable Law
including but not limited to the Telecom Unsolicited Commercial Communication
Regulation 2007 and the Telecom Commercial Communication Customer
Preference Regulation 2010. By entering the Offer, the Participant confirms and
waives the applicability of rules and regulations of the National Do Not Call
Registry and agrees to receive promotional messages from TTL or Lumata, as
they may in their sole and absolute discretion decide.
32. TTL and/or Lumata shall not be liable for any failure to comply with its
obligations contained herein, caused by weather conditions, fire, flood, strike,
hurricane, industrial dispute, war, hostilities, political unrest, riots, civil
commotion, terrorist attack, inevitable accidents, acts of god or any other
circumstances amounting to Force Majeure.
33. TTL and/or Lumata shall not be responsible for any loss or damage if it has to
discontinue or cancel this Contest in compliance with any law, ruling, order,
regulation, circular, notification, requirement or instruction of any Central/State
Government or for any other unavoidable reason beyond its control. The
participants shall be informed of such discontinuance/cancellation as soon as
possible, through the Tata DoCoMo website. If the Participant has already won
some prizes before the intimation of such cancellation, then the giving of the
prizes shall be at the sole discretion of TTL.
34. The participation in this Contest implies unconditional acceptance of all the
terms and conditions of the Contest by the Participants The Participant is
therefore advised to check this website regularly for any update(s) or
amendment(s) made to these T&C.
35. The decision of TTL as to the interpretation of any of these terms and conditions
shall be final and binding on the Participants as well as on Lumata.
36. Any disputes with regard to the Contest, will be subject to the exclusive
jurisdiction of the courts in Mumbai.
37. Neither TTL nor Lumata shall be responsible if the Participant is unable to
participate in the Contest due to network failure, network congestion, network
unavailability or any such technical issues faced by the Participant.
38. If any provision of these terms and conditions is found to be invalid by any Court
having competent jurisdiction the invalidity of such provision shall not affect the
validity of the remaining provisions of these terms and conditions, which shall
remain in full force and effect.
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39. The Participant hereby agrees and undertakes not to hold TTL or Lumata and 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 Offer.
40. Subject to any applicable law (a) All warranties of any kind whatsoever, whether
express or implied, are hereby expressly DISCLAIMED by TTL and Lumata
including, but not limited to, meeting of the participant's requirements or
aspirations, timeliness, security, the results or reliability of any Offer, or the
delivery, quality, quantity, merchantability, fitness for use or non-infringement in
respect of any goods, services, benefits or awards acquired or obtained through
the Offer or any transactions effected through the Offer; (b) The participant
expressly agrees that his/her participation in the Offer offered by TTL is at the
participant's sole risk and is governed by the Terms and Conditions herein; and
(c) No advice or information whether by representations, oral, written or pictorial
derived from the website or through the Offer shall be construed to mean the
giving of any warranty of any kind by TTL or Lumata.
41. The Participants shall indemnify TTL and Lumata, their officers, directors and
affiliates against any claims including third party claims, disputes, actions,
liabilities and damages that may arise as a result of act or omissions of the
subscribers, on account of (i) Participant’s breach of these T&C of this Contest,
(ii) submission of incorrect personal information and /or (iii) Participant’s
failure to comply with applicable laws.
42. The Participant hereby understands and gives his/ her irrevocable consent for
personal information relating to the subscriber to be exchanged with TTL or
published and/or communicated to/in any media that it may deem fit, and TTL
or their vendors may, at its sole discretion choose to publish or disclose the
name(s), phone number(s), score(s) and/or photographs of Participants, if
required, and specifically, of winner.
43. Prize/s are non- transferable and non- substitutable. The receipt/download of
these Terms and Conditions shall be deemed to be acceptance of the same and
the fact that these terms and conditions are not physically and actually signed by
the Participant shall have no bearing on the acceptance of these terms and
conditions.
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