Terms and Conditions Aapki Marzi Campaign
D B Corp Limited (hereinafter referred to as DBCL), is a Company incorporated under the Companies Act, 1956, having its Registered Office at Plot No. 280, Sarkhej – Gandhinagar Highway, Near YMCA Club, Makaraba – Ahmedabad -380054 (Gujarat) and Corporate Office at FC 10 and 11, Film City, Noida – 201301 (U.P.) – India . DBCL inter alia is in the business of radio broadcasting and has a strong network of radio stations in 30 cities across India and broadcast/airs under its brand name “MY FM”. (hereinafter referred to as “DBCL/MYFM”). By reading these terms and conditions AND participating in the “Maharashtra Marzi Campaign” you irrevocably and unconditionally accept the same and you undertake to be bound by all the conditions contained therein without any kind of contestation and/or demur. The Campaign shall be known as “Maharashtra Marzi Campaign” (hereinafter referred to as the “Campaign”) and shall commence at MY FM radio station all across Maharashtra i.e. within the cities of Akola, Ahmednagar, Aurangabad, Dhule, Jalgaon, Nanded, Nasik, Sangli, Sholapur (except Nagpur) at 00:00 Hrs on 12th December 2018 till 14th January, 2019 11:59:59 (“Campaign Period”), and is subject to the terms and conditions herein. In this Campaign MY FM listeners across its various radio stations in Maharashtra will be asked to share their radio listening preferences with MY FM, post which MY FM will make every endeavour to tailor its product(s), depending upon the taste/demand of majority of its listeners.
1. Participant’s Eligibility
Entry is strictly open only to Indian citizens above the age of 18 years on the date of commencement of the Campaign (“Participant/You/you”). Entry is strictly open for residents of Maharashtra i.e. within the cities of Akola, Ahmednagar, Aurangabad, Dhule, Jalgaon, Nanded, Nasik, Sangli, Sholapur. The Campaign is not open for the city of Nagpur. The Campaign is not open to employees/officers of DBCL/MY FM and its group companies and for the employees/officers of sponsors (If any). DBCL reserves the right to verify the eligibility of all participants and any participant shall be asked to submit relevant proof. You represent that you are legally competent to enter into binding contracts under applicable laws. If and when required you agree without any demur to provide complete and correct information in respect of your identity, contact details, email id, PAN No. telephone number, age, and complete postal/correspondence address.
2. The Concept of Campaign
By participating in the Campaign listeners of MY FM in the cities of Akola, Ahmednagar, Aurangabad, Dhule, Jalgaon, Nanded, Nasik, Sangli and Sholapur (Participants) will be given a chance to win Gratification enumerated in Clause 3 (hereinafter ‘Gratification’). During the Campaign Period, the Participant(s) shall be required to fill up a questionnaire on MY FM microsite www.myfmindia.com/aapkimarzi or by filling up a physical copy of the form and dropping it off at a specified location(s). All the eligible Participants in the Campaign stand a chance get rewarded with Gratification as enumerated in Clause 3. Winners from among all the eligible Participants will be chosen randomly by way of a lucky draw.
In all, Winners shall be selected by the Organizer, in accordance with clause 4 hereinabove.
Gratification for the winner(s) is an opportunity to get any of the following:
5 Amazon Echos
45 silver coins (10 grams)
10 gold coins (1 gram)
The Gratification to each Winner/s is neither assignable nor transferable. The Gratification shall not be exchanged for cash. The declared winner/s shall have to claim the Gratification within the stipulated time limit of 7 days from the date the Participant has been informed that he/she is the winner. In case of default by any Winner to collect the Gratification within a stipulated time, the Gratification shall be forfeited by MY FM and the Winner shall have no claim to demand the same.
4. Selection of Winner
Winners will be selected on a random basis by way of a lucky draw and the names of the winners will be announced in the 4th week of January 2019. In case the winners do not respond to the calls by MY FM within the stipulated time, the next Participants shall stand a chance to win. The selection of the winners shall be final and binding upon the Participants. The Winners shall be intimated by calls to the number provided during submission of the questionnaire and/or by way of radio announcement. The Participant hereby understands and agrees that the responsibility of MY FM is limited only to the extent of communicating it to them about winning the and the Gratification won by them.
5. Terms and Conditions
i. 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.
ii. 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 DBCL/MY FM would entail your disqualification from participating in the Campaign. No communications/correspondences in this respect will be entertained by DBCL/MY FM.
iii. These Terms & Conditions constitute the comprehensive terms and conditions of the Campaign and you are bound to comply with the guidelines, requirements etc. contained therein. Any noncompliance with the same may disqualify you from participating in the Campaign. DBCL/MY FM reserves the right to alter the Terms & Conditions without any further notice as DBCL/MY FM may deem fit in its sole and absolute discretion. No communications/correspondences will be entertained by DBCL/MY FM on account of the aforementioned alterations/modifications or otherwise.
iv. In the event where you become the Winner of the Campaign, 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 DBCL/MY FM in its sole and absolute discretion.
v. Only one attempt will be made to contact the Winner on his/her mobile number as provided and thereafter DBCL/MY FM shall make 1(one) attempt to deliver the Gratification to the Winner. In the event of non-availability of the concerned Winner, the Gratification shall lapse. The Gratification is neither transferable, nor can they be exchanged for cash.
vi. The Gratification is subject to the laws of India and deduction of taxes, levies and other statutory payments that will be applicable and borne solely by the Winner and paid for by the Winner. No claims/communication /correspondence is this regard shall be entertained in this regard.
vii. You must collect the Gratification won by you in the Campaign from MY FM office as intimated to the winner after contacting the winner on their mobile phone only after prior intimation and completion of necessary identification and verification formalities.
viii. You shall be required to bring a valid identity proof, mobile number proof, proof of residence, passport or such other proof as may be required by DBCL/MY FM.
ix. The decision of DBCL/MY FM will be final and binding and no communications/correspondences will be entertained in this regard.
x. You release and indemnify DBCL/MY FM and/or its 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.
xi. DBCL/MYFM provides the Gratification “as is” and without any condition or warranty as to size, quality, utility, suitability, merchantability, usefulness etc. (express or implied or statutory). DBCL 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 Gratification or any kind of consequential damages/ loss, in any manner whatsoever.
xii. DBCL/MY FM makes no representation or gives no assurance as regards the quality, purity, grade, cut, polish, worth etc. of the Gratification and shall not be responsible for the same in any way whatsoever.
xiii. In no event shall DBCL/MY FM be liable for any losses or any incidental or consequential damages arising out of or in connection with the Campaign, its services or these Terms and Conditions/Agreement however arising and including negligence.
xiv. It is further re-iterated that DBCL/MY FM shall not be responsible for any product or service liability of any kind.
xv. All Intellectual Property Rights (hereinafter referred to as “IPR’s”) including but not limited into rights, title and interest in the concept of the Campaign, the promotional materials, creative(s), design, content etc coming into existence with respect to the Campaign, will vest unconditionally and irrevocably with DBCL to the exclusion of all other persons/entity. DBCL or any person or entity permitted by DBCL will be entitled to use the information received by DBCL in connection with the Campaign in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant(s).
xvi. These Terms & Conditions/Agreement 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 DBCL/MY FM will first endeavour 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. DBCL/MY FM 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 Noida (Gautambuddh Nagar) shall have exclusive jurisdiction relating to any proceedings arising out of this Campaign.
xvii. By taking part in the Campaign you agree to unconditionally and irrevocably accept all the Terms and Conditions stated herein.
xviii. Nothing contained herein shall be deemed to be a commitment or representation by DBCL/MY FM to conduct further or other Campaign of similar nature.
xix. These Terms and Conditions shall not be deemed to constitute a partnership or agency between you and DBCL and you shall have no authority to bind DBCL in any manner whatsoever.
xx. Every information pertaining to the Participant(s) shall be kept strictly confidential at all times. 28. DBCL/MY FM reserves the right to change, alter or cancel this Campaign in entirety 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.
xxi. The decision of DBCL in this regards and in general with respect to the Campaign and the Terms & Conditions thereto shall be final and binding on all the Participant(s) and no communication shall be entertained in this regard.