Diwali Gold Giveaway

Terms and Conditions (“T&C”) for Promotional Campaign/Offer

Part A – Offer terms and conditions:

  1. Offer Period – From 10th October 2017 to 13th October 2017.
  2. This Offer is sponsored and organized by One97 Communications Limited (“One97”). This Offer is facilitated by Paytm E-commerce Pvt. Ltd. (“Paytm E-Commerce”), a  Company having its registered office at 1st Floor, Devika Tower, Nehru Place, New Delhi - 110019 and business office at B-121, Sector 5, Noida, UP 201301, which owns and operates an online market place on the website located at the URL ‘www.paytmmall.com’ and ‘Paytm mall’ mobile application, and rides on website located at the URL ‘www.paytm.com’ and ‘Paytm’ mobile application (hereinafter “Paytm Platform”)
  3. These Terms and Conditions (T&C) are available on the website https://paytm.com/offer/diwali-gold-giveaway. The Offer and the Terms and Conditions can be amended or varied from time to time or withdrawn and therefore, please visit the Website periodically to keep yourself updated and informed.
  4. By redeeming this Offer, person/entity (hereinafter referred to as “Participant”/”You”/”Your”) agrees to be legally bound by and abide by the Terms & Conditions stated herein. Participant(s) confirm and acknowledge that Participant(s) has read, understood and agreed to confirm to these T&C. If You do not agree to these T&C, please do not redeem this Offer. Paytm E-commerce solely reserves the right to amend, modify, change, add or terminate these T&C or discontinue this Offer without any further/prior notice.
  5. By participating in the Offer, You indicate your acknowledgement and acceptance of these Terms and Conditions.
  6. How to Participate:
  1. To participate in/register for the Offer, the Participants have to purchase Products/Services from the Paytm Platform  within the Offer Period. ”Product”/ “Services” means the physical goods from below mentioned categories listed on the Paytm Platform sold by third party merchants/sellers.
  1. Fashion
  2. Electronics
  3. FMCG
  4. Bazaar
  1. Participants should purchase products/services from the Paytm Platform of minimum order value of Rs. 2,000/- (Rupees Two Thousand Only) within the Offer Period.
  2. No promo code needs to be applied to be eligible for the offer.
  1. Prize & Winner Selection Criteria:
  1. During the Offer Period, out of all participants who undertake above mentioned steps, every day twenty five (25) Participants will be selected every day on a random basis (“Winners”) to win up to 10 gm digital gold each (‘Paytm Gold’).
  2. This Offer is valid on Qualified and Completed orders only which means,  those orders which have been paid in full and such orders that are neither categorized as cancelled/ altered/ complained/ replaced/ returned by the Participant(s) placing the order or the Seller/Merchant, nor have been categorized as unexecuted
  3. One participant can win only once in this Offer.
  4. Customer Name needs to be updated in the Paytm Platform to be eligible for this Offer. If the name will not be updated for any participant on Paytm Platform, then he/she shall not be eligible for this Offer.
  5. Each winner shall be provided a Paytm Gold promo code (‘Unique Code’) which can be used on Paytm Platform to avail the Paytm Gold subject to the applicable TDS deductions.
  6. The Unique Code shall be provided to the winner(s) through SMS/Email only post the end of the return policy period for the Product/Service purchased from Paytm Platform during the Offer Period. If Product/Service comes under no return policy, it would be provided post 15 days of delivery date.
  7. The Paytm Gold will be credited to Paytm gold locker (https://paytm.com/digitalgold) of the winner(s).
  8. Unique Code shall be valid only for a period of 7 days from date of issuance by Paytm Mall, post completion of which, it shall lapse and shall stand forfeited.

Disclaimer: The residents of any state within territory of India, wherever else prohibited by Law, shall not be entitled to participate in this Offer as applicable.

  1. The selection of the Winner(s) shall take place during or after the Offer Period & the gratification shall be distributed thereafter.
  2. For more information regarding Paytm Gold, please visit https://paytm.com/care/digital-gold-faq/ for applicable terms or contact One97’s Participant Care.
  3. Three percent (3%) Goods and Services Tax (effective from 1st July, 2017) will be applicable on the purchase of Paytm Gold on Your behalf and would be paid from the promotional amount due to you.
  4. In case You want to sell your Paytm Gold, You will have to provide Your bank account number for transferring of funds. Funds shall be transferred as per applicable bank rules & regulations.  
  5. The Unique Code can neither be exchanged with cash nor can be used for any other purpose. Any attempt in this regard would render the Unique Code inoperative and invalid.
  6. All decisions by One97/Paytm Mall regarding the selection of Winner(s) shall be final and binding.
  7. The gratification under this Offer is neither assignable nor transferable under any circumstance, unless specifically provided hereunder.
  8. The gratification to Winner/Random Winner shall be given subject to compliance with all applicable statutory legislations including RBI guidelines in connection with the gratification and on production of all such documents/papers as may be applicable and required by One97/Paytm Mall.
  9. Any failure on Participant/Winner part to comply with directions issued by One97/Paytm Mall for claiming the gratification shall entitle One97/Paytm Mall to forfeit the gratification.
  10. Eligibility for claiming the Prize: To be eligible to claim the gratification/s under the Offer, the Winner/ Random Winner must have a valid Paytm KYC verified account (as per RBI guidelines). If the Paytm account is not KYC verified, the Winner/ Random Winner may be required to submit documents for KYC and get his/her account KYC verified before claiming the Prize.
  11. All gratification must be claimed by the Winner, along with the documents (if applicable) specified herein below within the 48 hours by Paytm Mall/One97. The documents required to be submitted along with the claim by the Winner (s) include the following (the document list* is only inclusive and not exhaustive and can change as per the requirements of law):
  1. Address proof (Voter ID / Driving License / Passport/ electricity bill not older than 3 months /Telephone bill not older than 3 months etc.)
  2. Photo Id proof (Aadhar Card / Passport/Voter ID/Driving License etc. mandatory)
  3. One passport size photo (compulsory)
  4. Postpaid bill (for postpaid user) (additional document)
  5. PAN card copy self-attested
  6. Letter of compliance with rules and regulations and declarations in the format as may be required by the Organizers or applicable laws.

*(the document list is only inclusive and not exhaustive and can change as per the requirements of Law or Paytm Mall/One97). If the Winner fails to comply with the herein set requirements his/her right to win the Prize shall be forfeited.

  1. By entering the Offer, You confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and You agree to receive promotional messages and alerts including without limitation daily updates on the score under this Offer from One97/Paytm Mall, as they may in their sole and absolute discretion decide.

Part B – Legal terms & conditions:

  1. Redemption of Offer is open only for the Indian citizens of 18 years of age or above, provided they are Paytm E-commerce’ registered Users in India. This Offer shall not be available/applicable for residents of any State/Union Territory where any such promotional activity is prohibited by applicable Law.
  2. Employees of Paytm E-commerce (including their family members/relatives) and of their group companies, affiliate or associate companies, shall not be eligible for any of the gratifications under this Offer. If found so, the organizer reserves the right to forfeit the gratification.
  3. By participating in this Offer, Participants have given us the right to use your name, photograph and other personal details for the purpose of this Offer including announcing your name as eligible Participant on social media, Paytm platform, or in public domain.
  4. By participating in the Offer, Participants consent to the following information available on Paytm platform and their concerned vendors and/or published or otherwise communicated to in any media that One97/Paytm Mall may deem fit, for the purpose of Winner’s announcement: name, mobile phone number, score and/or photograph. One97/Paytm Mall may, at their discretion, choose not to disclose the identity of the selected Winner(s) to other Participants unless expressly mentioned herein. The Participants also consent to the information being shared by Paytm with its affiliates and service providers and to the information being processed and stored in the servers of Paytm or its service providers, inside or outside India.
  5. Participant(s) acknowledge and agree that all copyright and trademarks and all other intellectual property rights in all material and content contained in Paytm Platform is property of Paytm E-commerce and made available for Participant's personal and noncommercial use only.
  6. The benefits under this Offer is/are neither assignable nor transferable under any circumstances.
  7. The redemption to the Participant shall be provided subject to compliance with all applicable statutory legislations, guidelines, processes and formalities as may be essentially required.
  8. Any Participant(s) providing any incorrect information or concealing/withholding any information from Paytm E-commerce with intent to defraud will automatically be disqualified.
  9. The Participant(s) shall indemnify and keep indemnified Paytm E-commerce and their officers, directors, employees, Participants, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which Paytm E-commerce may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the Participant(s) under the T&C hereunder, any failure by the Participant(s) to comply with applicable law and any third party claim in respect of misuse of any information of a third party. Paytm E-commerce shall have the right to defend themselves, pursuant to this Clause, at the cost of the Participant(s). Paytm E-commerce or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Participant(s) or any third party, in connection with the Offer.
  10. All incidental costs, taxes or levies related to the benefit under the promotion, shall be exclusively borne by the Participant(s), including but not limited to TDS, gift tax (if any), Insurance and any other taxes applicable by the Central, State or Municipal government.
  11. The Participants hereby irrevocably authorize Paytm E-commerce and its owners, affiliates, subsidiaries, associates to use the data gathered during and/or after the Offer in respect of the Participant in any of its communications including marketing promotions and advertisements.
  12. This Offer is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God, change of laws or any circumstance beyond the reasonable control of Paytm E-commerce (“Force Majeure Event”). Paytm E-commerce shall not be liable for any delay or adverse effect caused to this Offer there under as a result of a Force Majeure Event.
  13. Paytm E-commerce reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Offer or any part thereof including the eligibility criteria, the T&C and benefits at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Participant(s).
  14. Failure by Paytm E-commerce to enforce any of their rights at any stage does not constitute a waiver of those rights. Further, Paytm E-commerce shall assign any of its rights within the Offer to any party without prior intimation to Participant(s).
  15. Paytm E-commerce does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participant(s).
  16. The Participant(s) understand and agree that Paytm E-commerce/One97, its officers, directors, employees, Participants, affiliates and agents shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to the Participant and/or any third party, directly or indirectly, by use or non-use of the Paytm Gold.
  17. Apart from the entitlement to the Paytm Gold, the Participants or their legal heirs/ successors/ representative will have no other rights or claims against Paytm E-commerce/One97, its owners and affiliates. Maximum aggregate liability of One97/Paytm E-commerce shall not exceed value of the Paytm Gold, to be offered as benefit under the Offer, in pursuance to the terms and conditions herein.
  18. Any dispute arising out of this Offer and terms & conditions of this Offer shall be attempted to be resolved amicably through negotiations with the Paytm E-commerce’ representative. In the event amicable settlement fails, the dispute shall be referred to mediation, and the venue of mediation shall be at Delhi. 
  19. There will be no cash alternative to Participant(s) beyond the above-stated benefits.
  1. Subject to any applicable law, all warranties of any kind whatsoever w.r.t to Paytm Gold, whether express or implied, are hereby expressly DISCLAIMED from the side of Paytm E-commerce. The Participant/s understands and agrees that Paytm E-commerce shall not be liable for any quality constraints/ usage constraints/ value deterioration issues/ timely delivery issues that may arise with Paytm Gold since it is a third party product/service, to which effect, Paytm E-commerce is only a facilitator and not the actual product/service provider since such responsibility is of individual merchants.
  1. The T&C mentioned in this Offer is the extension of Paytm E-commerce policies/terms and conditions, mentioned on the Paytm Platform and also available at https://paytmmall.com/about-us/our-policies/#physicalGoods.
  1. These Terms and Conditions are subject to Indian laws and the exclusive jurisdiction of the Courts in Delhi.