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Terms & Conditions of the You Drink Some, You Win Some SMS Contest
IMPORTANT NOTE: Please read all these Terms & Conditions carefully before entering the "YOU DRINK SOME, YOU WIN SOME" Contest (the "Contest") to be conducted by MTR Foods Pvt. Ltd. (the "Company" or "Organizer").
By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.
ELIGIBILITY -
The Contest is going to be conducted in 2 (two) stages ("Stages" i.e. Stage 1 and Stage 2). Stage 1 & Stage 2 of the Contest shall be open to all Indian citizens residing in the state of Karnataka & Tamil Nadu only (hereinafter referred to as "Participant" or "Participants"). Karnataka & Tamil Nadu to be referred as "Territory" hereinafter. Participant age shall be above 5 years. Provided however, employees and Immediate Family of the Organizer, its associate companies, its advertising and promotional agencies (such as Fox Star Studios (India) Pvt. Ltd., Distribution Services, Maxus India and Ogilvy India), agents, professional advisors and its Auditors shall not have the right to participate in this Contest. Provided however, all Participants below the age of 18 years must seek their parents' / guardians' approval before participating in the Contest. It will be the responsibility of parents / guardians to monitor their children's participation in this Contest.
For this purpose "Immediate Family" means partner, ex-partner, parent, step-parent, grandparent, uncle, aunt, niece, nephew, natural or adopted child, and sibling or step-sibling (whether natural or adopted by a parent), whether or not they live in the same household.
The Organizer reserves the right, at any time, to verify the validity of entries and details of participants (including a participant's identity, age and place of residence) and to disqualify any participant for any reason including but not limited to unfair practices, or use of malicious/illegitimate codes or non - adherence of these Terms and Conditions.
CONTEST DESCRIPTION AND PARTICIPATION -
Participation in the Contest shall be as per the following steps:
STAGE 1:
Step 1: Buy a specially marked MTR Badam Drink Mix 200 gms, 500 gms Jar, 500 gms Refill or MTR Chocolate Badam Drink Mix 200 gms, 500 gms Jar or 500 gms Refill ("Pack") and retain the Bill.
Step 2: Each such specially marked Pack shall have a free water sipper ("Sipper") with it. Each Sipper shall have a card/coupon card specifying a Unique Number (hereinafter referred as 'UN') and details of the Contest. Send a Short Message Service ("SMS" or "Message") i.e. SMS MTR
Step 3: Once the UN is received by the Organizer's backend technical team ("Organizer's Technical Team") in their database, the UN shall be verified for its correctness and validity. If the UN is found to be a valid entry ("Entry"), the Participant shall receive the following response
""Thank you for choosing MTR! Tell us in 155 characters why you like MTR Chocolate/Badam Drink Mix. SMS ANS
Step 4: The Participant then has to send an answer to the question by sending a SMS limited to 155 characters in the format received by the Participant as a part of the question.
Step 5: Once the answer is received by the Organizer's Technical Team and is successfully submitted the Participant shall receive the following response message:
"Thank you for your response. Milk becomes fun with MTR (Chocolate) Badam Drink Mix!"
Please remember: Only one contest entry per mobile phone number will be considered by the Organizers technical team. Multiple entries from the same mobile phone number can be made if the Participant follows the contest steps and SMSs different UN with each entry.
STAGE 2:
Step 6: Once a Participant successfully completes Step 5, the Participants (citizens from the state of Tamil Nadu & Karnataka) are now eligible for the Stage 2 of the Contest.
In this Stage 2, the Participant who are residents of Bangalore City and constitute the first 200 entries received by the Organizers technical team from Bangalore City will win 2 (two) movie tickets each to a designated ICE AGE 4 movie screening organized by the Organizer (1st to 200th Prize).
The Participant who are residents of Chennai City and constitute the first 75 entries received by the Organizers technical team from Chennai City will win 2 (two) movie tickets each to a designated ICE AGE 4 movie screening organized by the Organizer (201st to 276th Prize).
The remaining Participants will become eligible to be one of the 600 winners across the Territory and the best entries selected will win the following prizes. The best entries will be decided based on originality of the entry.
1. 277th to 877th Prize Any one of the ICE AGE 4 Movie Merchandise.
All Prizes are awarded on an "AS IS" basis and "WITHOUT WARRANTY OF ANY KIND", express or implied, (including, without limitation, any implied warranty of quality, suitability, merchantability or fitness for a particular purpose).
WINNER SELECTION -
The participation in the Contest shall be as per the clause mentioned herein above and the said Winners shall be chosen by the Company & Organizers Technical Team. Upon receiving the correct entries, winners will be chosen. The winners will then be contacted and if found authentic and satisfying all required conditions, will be eligible for the prize based on their rank in the contest. The decision of the company is final and binding. No queries shall be entertained on the same at any point.
CONTEST PERIOD -
The Contest commences on 25th June, 2012 at [00:00] hours and closes on 5th August, 2012 [23:59] hours. Entries received on or after [00:00] hours 6th August, 2012 will be considered invalid.
PARTICIPATION CRITERIA:
(1) Participation is optional and voluntary.
(2) One Participant can only win one prize in the Contest. Eligibility criteria for prizes apply.
(3) The Organizer reserves the right, at any time, to verify the validity of entries and details of Participants (including a Participant's identity, age and place of residence) and to disqualify any participant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
(4) For being a valid Participant in the Contest the mobile number from where the Participant is recording his / her Entry of the UN on the Pack has to be a valid registered number in the participant's name. However, if the said mobile / landline number is not registered in a Participant's name, the person who is the registered owner of the said number shall be considered the Participant for the purposes of the Program. Further, Entries are deemed to be submitted at the time of receipt of the same into the Organizer's database, and not at the time of transmission by the Participant.
(5) The winners of the 1st to 276th Prize will be announced on the website www.mtrfoods.com/youdrinksomeyouwinsome on 25th July 2012. The winners of the 277th to 877th Prize will be announced on the same website on 15th August 2012.
(6) In the event of a death of the Winner, no claim from the nominees or legal heirs of the Winners will be entertained for receiving the Prize.
(7) Once the Winners are announced, the Winners shall be intimated about the same through a phone call by the Organizer as well as the list of winners shall be uploaded on the Organizer's website www.mtrfoods.com/youdrinksomeyouwinsome. The Participants shall receive their Prize through a courier or will be hand delivered. The Organizer shall pay for the courier and the Organizer shall not owe anything to the Participant once the courier is delivered to the Participant. Any and all additional expenses will be borne by the Winner.
(8) All Winners are subject to verification, including without limitation, verification of eligibility through proof of identity and residency in the states of Karnataka & Tamil Nadu and complete compliance with these Terms and Conditions. Identification to be considered suitable for verification shall be at the discretion of the Organizer.
(9) Verification shall be carried out for the following categories:
(a) Nationality
(b) Address proof
(c) Proof of Identity (photo)
(d) Proof of Age
(e) Mobile Number Registration / Ownership proof
(10) Documents which the Organizer may require from the Participants who are declared the winners for carrying out the verification shall be:(a) PAN Card / Form 60
(b) Passport
(c) Ration card
(d) Photo credit card
(e) Any Bank Account - online statement/passbook 1st and last page copy, counter signed
(f) Mobile Number Registration / Ownership proof
Any other document that the person verifying deems necessary. Only if the Participants who have been chosen as the Winner clear the verification process will he/she be eligible for the prize else another Participant shall be chosen as a winner.
(11) The Organizer's decision on the verification of all the Participants shall be final and no correspondence will be entered into in relation to any decision taken by the Organizer.
(12) If attempted notification to the Winner by means of a phone call is unanswered, or if a Winner cannot be verified, or if a Winner is otherwise unable to accept his status as Winner, his rights to the prize as a Winner will be forfeited and an alternative Winner may be selected provided sufficient time remains, in Organizer's sole discretion.
(13) The Winners will be required to sign receipts, affidavits, indemnity, agreements and/or documents as required by the Organizers at the time of receipt of Prizes.
(14) Winners agree that the Organizer has the sole right to decide all matters and disputes arising from this Contest and that all decisions of the Organizer are final and binding.
(15) The prizes are personal to the Winners and are not transferrable and cannot be sold under any circumstances. Prizes cannot be exchanged.
(16) Winners will be notified by phone. Notification of the Winners status must be kept confidential until the Winners are publicly revealed by the Organizer and in the event of breach of confidentiality the Winners prize will be forfeited.
(17) At the Organizer's request, Winners must participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Organizer using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in promotional material or in any media for an unlimited period without remuneration for the purpose of promoting this Program (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Organizer.
(18) The Organizer accepts no responsibility for any tax implications that may arise from the prize winnings. Tax is to be borne by the winner and Tax will be deducted at source wherever applicable. Winners will have to bear incidental costs, if any, that may arise for redemption of the Prizes.
(19) The Organizer reserves the right to cancel, modify, extend or withdraw the Program at its sole and absolute discretion.
(20) Organizer shall not be liable for any loss of prize due to incorrect address or insufficiency or inaccuracy of any information provided by the winner.
(21) Organizer shall not be responsible for any loss, injury or any other liability arising out of the Program or due to participation by any person in the Contest.
(22) Organizer shall not be liable for any loss or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
(23) The Organizer's decision shall be final - no correspondence shall be entered into.
(24) Proof of electronic submission is not proof of receipt of entry. Responsibility will not be accepted for entries delayed or not received due to transmission, network or software problems or for any other reason beyond the Organizer's control
WINNER NOTIFICATIONS -
The Winners will be notified / informed by telephone on the mobile number through which they have participated in the Contest. The Company accepts no responsibility for any variation in the value of any Prize (or any part of it). The Prizes distributed shall not be transferable or redeemable for cash. However, the Organizer reserves the right to change / exchange the Prize category or eligibility.
ORGANIZERS OWNERSHIP OF ENTRIES -
All entries and materials submitted to the Company in connection with the Contest (collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, shall become the property of the Company upon submission, and the Entry Materials will not be returned to any Participant. Without limiting the generality of the foregoing, the Participant acknowledges that the Company will own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Entry Materials in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to the Participant or any other person or entity. The Company reserves the right to check all Entry Materials for their authenticity and reject them if not found genuine, at its sole discretion.
PARTICIPANT'S INFORMATION -
Participant's Personal Identification Information ("PII") shall be collected by the organizers designated agency to enable the Company to administer and promote the Contest and its Winner/s. The Company may provide the PII of the Winner/s to others assisting in this regard, including the sponsors, associates, prize suppliers and deliverers, and to authorities that regulate the Contest. If a Participant does not truthfully provide all requested PII, the Company may solely determine that such Participant shall not be eligible to win a Prize in the Contest. Any incomplete or incomprehensible entry/entries may be disqualified from the Contest at the sole discretion of the Company.
DISCLAIMER -
The Company, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for:
any late, lost, misrouted, garbled or distorted or damaged transmissions of entries; telephone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; any Contest disruptions, injuries, losses or damages caused by events beyond the control of the Company; or any printing or typographical errors in any materials associated with the Contest.
The Company assumes no responsibility for any error, omission, interruption, defect, delay in-operation or transmission, communication line failures, theft or destruction or unauthorized access to, or alteration of entries. The Company is not responsible for any failure of any entry to be received by the Company.
INDEMNIFICATION -
By participating in this Contest, you, the Participant, (and, if you are a minor, your parents or legal guardian) indemnify the Company, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Indemnified Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, non delivery, acceptance, possession, use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. The Winners and in case of Winners being below the age of 18 years their parents or guardians may, at the absolute discretion of the Company, be required to execute a deed of release and indemnity in a form prescribed by the Company, in order to receive the Prize, all Prizes will be awarded to the parent or guardian, as the case may be, of the Winner. It is the sole responsibility of parent or guardian, as the case may be, to monitor or supervise the use of any of the Prizes received by the Winners.
TERMINATION / SUSPENSION -
The Company has the sole right to suspend, alter, postpone, cease, close withdraw or terminate this Contest at any given point of time at its sole option and discretion without any prior notice to any person whatsoever. Upon such premature suspension, cessation, withdrawal, termination or closure of the Contest by the Company, no person shall be entitled to claim loss of any kind whatsoever.
COPYRIGHT NOTICE -
The Contest and all accompanying materials and/or information received are copyrighted by the Company its licensees and/or sponsor of the Contest. All rights reserved by the Company, its licensees and/or sponsor of the Contest.
MISCELLANEOUS -
The Contest and these Terms & Conditions will be governed, construed and interpreted under the laws of India. Participants agree to be bound by these Terms & Conditions and by the decisions of the Company, which are final and binding in all respects. The Company reserves the right to change these Terms & Conditions at any point of time, at its sole discretion, and to suspend or cancel the Contest or to restrict any Participant's participation in the Contest for any reason whatsoever, including but not limited to reasons of infection by viruses, bugs, unauthorized human intervention or other causes beyond the Company's control affecting the administration, security or proper play of the Contest or the Company otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Participants who violate these Terms & Conditions, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to the Company, the Contestants or any other Participant (in each case as determined in Company's sole discretion) are subject to disqualification from entry into the Contest. The Company reserves the right to exclude persons whose eligibility is in question or who have been dis-qualified or are otherwise ineligible to enter the Contest without any notice to any such person whatsoever. The Organizer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Organizer is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by the Organizer on account of technical problems or traffic congestion on the Internet or at any website, or any combination of them, including any injury or damage to any participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest. CAUTION: any attempt to deliberately damage any website or the information on a website, or to otherwise undermine the legitimate operation of this Contest, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Contest Organizer reserves the right to seek damages to the full extent permitted by law. The Contest does not require permits from any relevant authority. Contest Organizer will not be liable for any damage or loss (including but not limited to indirect or consequential loss) arising from personal injury or death, or loss of, or damage to property, which is suffered or sustained in connection with the Contest or the Prize.
DISPUTE RESOLUTION -
These Terms & Conditions (and any dispute, difference, proceedings or claim of whatever nature arising out of or in connection with these Terms & Conditions) shall be governed by, and construed in accordance with, the laws of India including tax laws, rules and regulations as may be applicable and shall be subject to the exclusive jurisdiction of the Courts/ Tribunals in Bangalore only, irrespective of whether Courts/ Tribunals in other areas have concurrent or similar jurisdiction.
NOTE: NONE OF THE ABOVE PARAGRAPHS LIMITS ANY OTHER
