ENIL has a national footprint and broadcast/airs the same under the brand name and registered trademark Radio Mirchi. Terms and Conditions

Transcription

1 Entertainment Network (India) Limited (hereinafter referred to as ENIL ) is a Company incorporated under the provisions of the Companies Act, 1956 and having its Registered Office at Matulya Centre, 4 th Floor, A - Wing, Senapati Bapat Marg, Lower Parel (West), Mumbai ENIL has a national footprint and broadcast/airs the same under the brand name and registered trademark Radio Mirchi. ENIL/Radio Mirchi is conducting an Activity/Contest tentatively titled as Mall Pe Kabza (hereinafter referred to as the Contest ). Terms and Conditions By participating in the Contest, you irrevocably agree to and assure the following: 1. This Contest is open only to the Delhi / NCR registered cell phone users, who are citizens of India. 2. You should be a female and 18(eighteen) years of age to participate in the Contest. 3. You represent that you are legally competent to enter into and form binding contracts under applicable laws and have the express authority to do so without further reference to any other entity/person and that you do not suffer from any legal disabilities and infirmities. 4. You agree to provide complete and correct information in respect of your identity, contact details, age, sex and complete postal/correspondence address. Any incomplete or incorrect data furnished to ENIL would entail your disqualification from participating in the Contest. No communications/correspondences in this respect will be entertained by ENIL. 5. This Contest shall commence on 7 th July 2009 from 11 a.m. onwards and shall end on 16 th July 2009 at 3 p.m. (both the days inclusive) (hereinafter referred to as Tenure of the Contest ) at DLF Place, Saket, New Delhi (hereinafter referred to as Venue ). 6. You can participate in the Contest through SMS on and/or through such ways as may be determined by ENIL in its sole and absolute discretion. You are

2 requested to examine/check the applicable tariff for sending these SMS. The Contest is open for participation at Participant s own cost and ENIL/Radio Mirchi does not undertake or agree to bear any costs towards any expenses that may be incurred by you to participate in the Contest. 7. These Terms & Conditions constitute the comprehensive terms and conditions of the Contest and you are bound to comply with the guidelines, requirements etc. contained therein. Any non compliance with the same may disqualify you from participating in the Contest. 8. You shall be required to bring a valid identity proof and proof of residence or such other proof as may be required by ENIL/ Radio Mirchi. 9. ENIL/Radio Mirchi reserves the right to alter the Terms & Conditions without any further notice as ENIL/ Radio Mirchi may deem fit in its sole and absolute discretion. No communications/correspondences will be entertained by ENIL/ Radio Mirchi on account of the aforementioned alterations/modifications or otherwise. 10. In the event where you become the Winner of the Contest, you undertake to do any and/or all acts, deeds, matter or things and further execute any and all documents in such manner and at such locations as may be required by ENIL in its sole and absolute discretion. 11. The Winner will be rewarded with Shopping Voucher (Discount voucher) and Free Lunch Voucher and Free Movie Voucher (hereinafter referred to as Prize ). 12. Any call drops/disconnection of the phone will result in contest being declared as completed. The decision of ENIL/ Radio Mirchi will be final and binding and no communications/correspondences will be entertained in this regard. 13. Only one attempt will be made to contact the Winner on her mobile number as provided in the event of absence of the Winner on the final day of the Contest, thereafter the Prize shall lapse and ENIL shall be free to deal with the same in any manner as ENIL/Radio Mirchi would deem fit in its sole and absolute discretion. The Prize is neither transferable, nor can they be exchanged for cash. 14. The Prize would be handed over to the Winner on proper identification and verification. No claims/communications in this regard shall be entertained by ENIL/ Radio Mirchi.

3 15. You must collect the Prize won by you in the Contest from the Venue on the final day of the Contest only after completion of necessary identification and verification formalities. Radio Mirchi will be informing you about the final day of the Contest, Venue and the time of reporting. 16. Selection of the Winner is based on first-cum-first basis and/or on giving appropriate answer(s) as may be required by ENIL and/or fitting the criteria of ENIL/Radio Mirchi during the Tenure of the Contest. The decision of ENIL/ Radio Mirchi will be final and binding and no communications/correspondences will be entertained in this regard. 17. You release and indemnify ENIL/ Radio Mirchi and/or any of ENIL s officers and representatives from any cost, damage, liability or other consequence and specifically waive any claims that you may have in this behalf under any applicable law. 18. ENIL provides the Prize "as is" and without any condition or warranty as to quality, utility, suitability, usefulness etc. (express or implied or statutory). ENIL or its management, directors, officers, agents, representatives shall not be responsible or liable (including but not limited to any Product and Service Liability) for deficiency and/ or defect of any product/service given as Prize or any kind of consequential damages/ loss, in any manner whatsoever. 19. ENIL/ Radio Mirchi makes no representation or gives no assurance as regards the quality, utility, suitability, usefulness, worth etc of the Prize. 20. In no event shall ENIL/Radio Mirchi be liable for any losses or any incidental or consequential damages arising out of or in connection with the Contest, its services or these Terms and Conditions however arising and including negligence. 21. All Intellectual Property Rights (hereinafter referred to as IPR s ) including but not limited into rights, title and interest in the concept of the Contest, the promotional materials, creative(s), design, content etc coming into existence with respect to the Contest, will vest unconditionally and irrevocably with ENIL to the exclusion of all other persons/entity. ENIL/ Radio Mirchi or any person or entity permitted by ENIL/ Radio Mirchi will be entitled to use the information received by ENIL in connection with the Contest in any media for future promotional,

4 marketing, publicity and any other purpose, without any permission and/ or payment to the Participant(s). 22. These Terms & Conditions are subject to the laws of India. All disputes, differences and claims arising out of the same shall be subject to Indian Laws. You and ENIL/Radio Mirchi will first endeavor to amicably settle such disputes, differences or claims, failing which the same will be referred and resolved through Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any re-enactment or modification thereof. ENIL will be entitled to appoint the sole Arbitrator. The decision of the Arbitrator thereon will be final, conclusive and binding on both the Parties to the dispute. Only the Courts at Mumbai shall have exclusive jurisdiction relating to any proceedings arising out of this Contest. 23. By taking part in the Contest through SMS / On ground you agree to unconditionally and irrevocably accept all the Terms and Conditions stated herein. 24. This Contest is open to all, other than the employees of DLF Place Saket, DT Cinemas, Hansa Events and Allure Events and Promotions, Entertainment Network (I) Ltd., Times Infotainment Media Ltd., Times Innovative Media Ltd., Mirchi Movies (India) Limited, Alternate Brand Solutions (India) Limited, Bennett, Coleman & Company Limited and its subsidiary or associated companies, or their relatives. 25. Nothing contained herein amounts or constitutes to be a commitment or representation by ENIL/Radio Mirchi to conduct further or other Contest/ schemes of similar nature. 26. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between you and ENIL/Radio Mirchi and you shall have no authority to bind ENIL/Radio Mirchi in any manner whatsoever. 27. ENIL reserves the right to change, alter or cancel this Contest in part or full, or change any or all of the Terms and Conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages or otherwise.

5 28. The decision of ENIL/Radio Mirchi in general with respect to the Contest and the Terms & Conditions thereto shall be final and binding on all the Participant(s) and no communication shall be entertained in this regard. Disclaimer ENIL/ Radio Mirchi is a broadcaster in respect of the Contest and ENIL/ Radio Mirchi does not make any representation or warranty as to the attributes (such as quality, utility, suitability, usefulness, worth etc.) of the Prize. ENIL accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Prize is offered only for a restricted time and only for the available supply. ENIL shall not be responsible for any computer/ systems/ or any other related breakdowns/failures which might result in non participation of the Participant in the Contest. ENIL is not responsible for any system failure or breakdown in the Contest due to any telecommunication company (ies).