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 “TERMS AND CONDITIONS OF RADIO MIRCHI -­‐-­‐FLAT NO 983 CONTEST” Contest Description Entertainment Network (India) Limited (hereinafter referred to as ENIL), is a Company incorporated under the Companies Act, 1956, having its Registered Office at Matulya Centre, 4th Floor, Wing – A, Lower Parel (West), Mumbai – 400 013. ENIL has a footprint inter alia in Delhi and broadcast/airs under its brand name ‘Radio Mirchi’. (hereinafter referred to as ‘ENIL/Radio Mirchi’). By reading these Contest terms and conditions AND participating in the “FLAT NO 983”Contest (hereinafter referred to as the ‘Contest’) you irrevocably and unconditionally accept the same and you undertake to be bound by all the conditions contained therein without any contestation and/or demur. The Contest and the Prize (described below) is promoted and sponsored by INVESTORS CLINIC INFRASTRUCTURE PVT LTD having its corporate office at N-­‐
5, Floor No I, II, III, Opp Axis Bank Sector -­‐18, Noida – 201301and also having its office at Ground Floor Tapasya Bldg. Yamuna Expressway (Greater Noida) ("Organizer/Sponsors"). A. CONTEST TERMS AND CONDITIONS 1. The Contest shall commence from October 6, 2014 (7:00am) and shall remain open for participation until October 15 , 2014, (23:00 Hours = 11-­‐00 1
p.m. ) (the “Contest Period”) and from 15th to 22nd contest will go on with selected contestants . 2. To participate in the Contest, a Participant or each Participant (“Participant(s)”) needs to SMS MIRCHI983 <full name> <age> to Number 58888 sent between 7:00 am to 11:00pm And our Jocks will select the contestants and call them. 3. As a mandatory requirement a Participant will need to answer a Contest Question which will be framed at the Sole Discretion of ENIL. . The contestants will be asked 3 questions and the contestant needs to answer all 3 questions correctly to qualify for the next round... Unless otherwise specified herein, no person may enter any Contest more than once. 4. The Contest questions shall be asked multiple times and broadcasted on air on ENIL’s radio station located at and from New Delhi only and is subject to the terms and conditions herein. 5. The prize winner (the “Prize Winner”) shall be selected amongst the list of correct entries and by following the procedure set out here in which shall be at the sole discretion of ENIL. 6. Radio Mirchi Flat No. 983 Contest shall be a contest Based on skill a. In the first round Participants from New Delhi, and National Capital Region will be allowed to participate via SMS as stated above. b. A Participant will be shortlisted everyday(Other Than 11TH OCT 2014 and 12th Oct 2014) from 6th Oct To 15th Oct. all these 8 Participants shall be the 8 quarter finalists of the Contest. You agree that it shall be the sole discretion of ENIL to choose the 8 quarter finalists. 2
c. From 16th to 18th October ENIL will invite the quarter finalist / their families and run their stories and thoughts on air and ENIL will request the public to vote for them. d.
On 19th Oct ENIL will shortlist 4 most voted contestants and will announce their name on 20th Oct. on 21st Top 4 will compete against each other in group of 2 and final 2 will be shortlisted on the basis of right answer. e.
22nd will be grand finale where RJ Naved will quiz finalist and on basIs of same winner will be chosen. 7. “Prize” means Ajnara Vice Royal, Yamuna Expressway Name of the property: Ajnara Vice Royal, Panorma. Yamuna Expressway, Gautam Budh Nagar Floor: ·∙ Area details: a. Land Area (if applicable)..n/a b. Super Area (sq. ft.)…515 sqft ·∙ Cost per sq.ft. :-­‐ 3625/-­‐ ·∙ Club Cost: Included/-­‐ ·∙ FFC + Lease Rent +IFMS: 145/-­‐ Sq.ft ·∙ PLC : 150/-­‐ avg per sq.ft. . Power Backup and Dual Meter Charges: Rs 50000 ·∙ Total Cost of the property: 20.60 L Approx (Other furnishing like ACDouble bed with Mattress, Pillow’s & Bed Sheet.,Split Air Conditioner,LCD Television , Fridge ,Sofa Set,RO unit in Kitchen, Microwave Oven,Electric kettle,Crockery (Set of Four),Toaster,Cup-­‐Boards,Curtains,Towel Racks in Bathroom,Semi Modular kitchen with Chimney are included) ·∙ Expected Month and Year of Possession 2nd qtr of 2017 ·∙ Use (Commercial, IT/ITeS, Retail, etc.) Residential Purpose. ·∙ Profile of other tenants in the building : mixed 3
·∙ Rentals / capital values paid by other tenants / investors in the building: n/a ·∙ Parking bays linked to the subject property : yes All taxes including Gift Tax shall be borne by the Prize Winner 8. The name of the Prize Winner of the Contest shall be confirmed and posted on the Radio mirchi website or announced on Air on Oct 22, 2014 . 9. If the Prize Winner is disqualified for any reason, such as being found ineligible or failing to comply with these Terms and Conditions, then the next eligible alternate Two (2) Finalists will be pitted against each other and winner shall be chosen to receive the Prize by following the aforementioned procedure. ENIL and its agents, affiliates and representatives will use their best efforts to contact the Finalists, but will not be responsible or liable in any way whatsoever if the Finalists cannot be reached by telephone or do not visit ENIL office as stated above at the informed time and date. It is agreed that all the Finalists have to present a valid identification with proof of (i) age, (ii) ownership of the phone/cellphone number provided by him/her while registering entry for the Contest and (iii) his/ her residential address to ENIL or its designated representative in order to claim the said Prize. Failure to complete and sign any documents requested by ENIL may result in disqualification and selection of an alternate Winner. All decisions of ENIL are final in this regard. 11.The Prize is non-­‐transferable and may not be given, assigned or sold to another person/entity. 12. Prize cannot be exchanged for cash or any other alternatives 13. In order to enable ENIL to correctly identify genuine claims and to eliminate non-­‐genuine, deceitful or fraudulent claims, evidence of 4
Contest entry must be made available if requested for the checking of such claim. In addition, ENIL reserves the right to request proof of identity, age and address in the form of your passport or driving licence, and proof of your address in the form of a utility bill. ENIL may also carry out an interview in order to validate such claims 14.The Participants by providing the aforesaid personal information hereby agree that ENIL shall have the right to share the information so collected with such other third party and ENIL as required for the purpose of the Contest and hereby agreed that they shall not file any claim against ENIL for sharing of such personal information. 15.Entries by Text Message must be sent to the applicable shortcode as advertised on-­‐air. Please be aware that shortcodes may change from Contest to Contest; 16.As a Participant you will need an SMS compatible mobile phone with an account with a service provider that permits text messages to our premium rate number. SMS entries are deemed to be received on arrival, not when they are sent from your handset. SMS entries must be addressed to the correct number or short code and must include the correct keywords or other answer format as required by the specific Competition/Contest. Entries which fail to do so will be void. 17.Unless otherwise stated for the specific Contest Participant may only submit one Text Message entry for the Contest. 18.Any entries sent beyond the Contest Period will not be considered for the Contest. Mere participation in the Contest does not entitle the Participant to win a Prize. 5
B. Terms & Conditions for claiming the Prize 1. In addition to the above to claim the prize the Prize Winner must have a valid PAN card which shall be submitted to ENIL on 22nd October 2014. As a mandatory requirement and as a condition precedent to claim the Prize (described above) , the Prize Winner shall give an undertaking in writing to ENIL that he/she shall be solely responsible to pay all taxes, cess, property tax, any levy, VAT, Sales Tax, tax , applicable stamp duty, registration fees, tax of any kind in respect of the Prize described above. The Prize Winner represents and warrants to ENIL that he/she shall be solely responsible to execute documents/agreements with the Organizer in respect of the Prize and shall not hold ENIL liable in the event the Organiser does not hand over the Prize for any reason whatsoever 2. ENIL at its sole discretion may require the Prize winner to submit any other document to verify the eligibility for this Contest. 3. While accepting the Prize, the Prizewinner may be required to sign an “indemnity and release of claims” form provided by ENIL, as the case may be, which shall release ENIL of all liability in connection with the Contest and the Prize . Failure to complete and sign any documents requested by ENIL may result in disqualification and selection of an alternate Prizewinner. All decisions of ENIL are final in this regard. C. GENERAL TERMS AND CONDITIONS 1. Participants must be citizens of India and the Participant/s shall need be permanent or current residents of NEW DELHI (NCR) only. 6
Residents of other countries and non-­‐citizens of India are not eligible to participate (“Participant/You/you”). . 2. The Participants must have attained the age of eighteen (18) years to participate in the Contest. The Participants should not have/have had any criminal conviction or trial. Persons must enter the Contest on their own behalf, entry by proxy is not allowed. The Prize Winner of the Contest found to be participating the Contest again in different name will be disqualified from participating or receiving prize, as the case may be. 3. Employees, agents and promoters (including their immediate family members) of ENIL and the Organizer and their divisions, affiliates and subsidiaries and Times Infotainment Media Ltd., Times Innovative Media Ltd., Bennett, Coleman & Company Limited and its subsidiary or associated companies, or their relatives, and others associated with the Contest in any manner, are not eligible to participate in the Contest. 4. By participating in the Contest, each Participant agrees to follow these Terms and Conditions and to be bound by any decisions made by ENIL in its sole discretion, including any interpretations of these Terms and Conditions. 5. The participation of the Participants, Finalists and Winner in the Contest shall mean that they have read, understood, accepted and 7
agrees to abide with all the rules including the general rules of the Contest. 6. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the operation of the SMS system or the validity of any reason / voting etc., the decision of ENIL shall be final and binding on the Participants / the Prize Winner. 7. All expenses in connection with the Prize, if applicable, including without limitation insurance, incidental costs, taxes, service tax MVAT, stamp duty, tds, any levy any tax, registration fees, travel expense/costs shall be solely borne by the Prize Winner which the Prize Winner accepts without any demur or objection. 8. ENIL and its divisions, affiliates and subsidiaries, and their respective agents and representatives, are not responsible for any loss of entries for any reason whatsoever including, due to any technical problems caused for entries received after the deadline as a consequence of internet services or computer service delays, interruptions, failures or overloads, or for lost, misdirected or misplaced 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
9. The cellular number will be used to identify the Participant/Winner as a unique identification number. The provided cellular number must be allotted solely in the name of the Participant/Winner. 10.ENIL reserves its right to declare the Winner/s, if no Participant has submitted a valid and correct entry or ENIL has not received sufficient correct entries. Decision of ENIL in all matters pertaining to the Contest is final and no correspondence in this regard will be entertained by ENIL. 11. ENIL has the right to change the Terms and Conditions for the Contest at any time. The Participant is bound by any such revisions and should therefore periodically visit the Website to review the then current Terms and Conditions to which the Participant is bound. 12. ENIL shall not be responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided in the Contest is provided "As is" without warranty of any kind. ENIL 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. ENIL shall not be responsible for any claims with regard to warranty of the Prize. 9
13.Under no circumstance, unless due to willful misconduct or gross negligence, shall ENIL and its affiliates/subsidiaries/parent company, their respective directors, employees, officers, 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. The Participant specifically agrees not to file in person/through any family member and/or any third party any applications, suit, any criminal and/or civil proceedings in any courts or forum or tribunal situated in India against ENIL and its affiliates/subsidiaries/parent company and their respective directors, employees, officers, affiliates or subsidiaries to claim any damages or any reliefs in connection with the Contest. 14.By entering into the Contest by accepting these Terms and Conditions, the Prize Winner waives all copyrights, rights of publicity and any related rights and consents to ENIL’s right to picture, tape or portray him/her as a Contest Winner, and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio, print and digital media, without any compensation whatsoever for advertising and publicity purposes. The Prize Winner also consent to ENIL’s right to use his/her name, voice or picture, or the content of his/her Contest entry (collectively, the “Publicity Rights”). 15.Participants including the Prize Winner release ENIL and its respective divisions, affiliates, subsidiaries, branches, directors, officers, employees and agents, as well as all others associated with the 10
development and execution of this Contest, from and against any and all liability with respect to or in any way arising from this Contest and the awarding and use, misuse , non delivery of Prize by the Organizer or possession of the Prize. 16. ENIL has the right to amend (add, delete or modify) the Terms and Condition governing the Contest, prospectively or retrospectively, at its discretion and without prior notice. 17.You undertake and irrevocable and unconditionally permit ENIL/Radio Mirchi to cover the contest through various media including newspapers, radio television news channels, internet , mediums etc and shall not raise and objection, protest or demur to such coverage or in this regards.. 18. ENIL reserves the right to terminate the Contest at any time without prior notice. The decisions of ENIL and its representatives shall be final and binding on all aspects of the Contest. 19.The Participants, Finalists, Winner(s) of the Contest hereby indemnify and agree to indemnify and hold harmless ENIL , its employees, officers or any other person in relation to the same with regard to any injury/damage/harm/loss suffered by him/her/them in any manner, whatsoever, in connection with the prize and that the Prize Winner waives his/her/their right to file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the parties 11
mentioned above and/or any parties related to the Contest to claim any damages or reliefs or otherwise. 20. ENIL/Radio Mirchi is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Prize Winner and/or Companion(s) in any manner whatsoever, including but not limited to the Contest and/or Prize 21.The Participants, Finalists, Winner(s) of the Contest will abide to all the laws applicable in India. ENIL/Radio Mirchi will not be liable for non-­‐compliance of any laws by Participants, Finalists, Winner(s) of the Contest and they hereby indemnify and hold harmless the Company and Radio Mirchi in relation thereto. 22. ENIL is empowered to take a decision on any case not covered under these Terms and Conditions. 23.The Contest shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai only. The contest is void where prohibited by law. 24.A copy of these Terms and Conditions are being made available on the website www.radiomirchi.com. Additionally, a printed copy is 12
available at the front office of Radio Mirchi at Times Business Center, Plot No 6 Sector 16A Film City Noida 201301 25. DISCLAIMER a. ENIL/ Radio Mirchi is a mere broadcaster in respect of the Contest and ENIL/ Radio Mirchi shall not be responsible for any non-­‐
performance or breach of any contract a/agreement entered into by Prize Winner and Organizer and does not guarantee that any transaction concluded on the Contest will be performed by the concerned Organizer. b. By participating, the Prize Winner releases, discharges, indemnifies, and holds harmless ENIL, their parent, subsidiary, successor, and affiliated companies, and their respective officers, directors, employees, agents, and representatives, advertising agencies and (collectively the “Releases”) from any and all liability, loss, harm, injury, damage, cost and expense whatsoever arising directly or indirectly from participation in the Contest. c. ENIL excludes all liability whatever for any costs, expenses, damages, liability, injury or disappointment suffered by you arising out of or in any way connected with the Contest d. ENIL shall not be liable to perform any of its obligations under the Contest or in respect of the Prize where it is unable to do so as a result of unforeseen circumstances or circumstances beyond its reasonable control. 13
e. You unconditionally agree that ENIL/Radio Mirchi is also not responsible in case the Organize (Sponsor of the Prize) withdraws from the sponsorship of the Contest or for any other reason whatsoever. f. You unconditionally and irrevocably agree that the delivery of the Prize (described above) shall solely rest with the Organizer/Sponsor of the Prize and under no circumstances howsoever or whatsoever shall ENIL and/or its directors/employees be liable for the same. g. You unconditionally and irrevocably agree that ENIL is not responsible for any warranty as regards the size, description, value, area of the Prize in question and it is the sole responsibly of the Organizer/Sponsor. You shall not raise any claim in any law or equity (in tort or otherwise) against ENIL in this regards. h. You unconditionally and irrevocably agree that ENIL shall not be responsible and/or liable to the Prize Winner or any Participant as regards the date of possession of the Prize in question or handing over of Prize which is still under construction. You agree that ENIL is not responsible for giving you physical possession of the Prize at any time or place. i. All Participants release from, and indemnify ENIL against, all liability, cost, loss or expense arising out of acceptance of Prize or participation in the Contest due to some negligent act or omission or otherwise. ENIL/Radio Mirchi is not responsible for lost, interrupted communications or unavailable network server or 14
other connections, failed telephone, mid-­‐delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic. 15