Part –A Offer Terms & Conditions (“T&C”)
- This Offer is sponsored by One97 Communications Limited (Hereinafter “One97”), whereas organized and administered by Paytm E-commerce Private Limited, a Company which owns and operates an online marketplace on the website located at the URL ‘www.paytmmall.com’ and ‘Paytmmall’ mobile application, and partly operates on website located at the URL ‘www.paytm.com’ and Paytm mobile application, Paytm IVR and Paytm WAP (hereinafter “Paytm Platform”) and is having its registered office at 136, 1st Floor, Devika Tower, Nehru Place, New Delhi - 110019 and corporate office at B-121, Sector 5, Noida, UP 201301. For clarity and brevity Paytm E-Commerce Private Limited is hereinafter referred to as “Paytm E-commerce”.
- By participating in this Offer, You (hereinafter referred to as “Participant(s)”) agree to be legally bound by and abide by the Terms & Conditions stated herein “T&C”. Participant(s) confirm and acknowledge that Participant(s) has read, understood and agree to conform to these T&C. If Participant (s) does not agree to these T&C, please do not participate in this Offer. Paytm E-commerce reserves the right to amend, modify, change, add or terminate these T&C or discontinue this Offer without any further notice.
- This Offer is valid from 12th June, 2018, at 00:00:00 hours till 14th June, 2018 at 23:59:59 hours (hereinafter referred to as “Offer Period”).
- This Offer shall not be clubbed/used in conjunction/alongside any prevailing offer(s)/promotion(s) running on Paytm Platform (website/app). The Participants are eligible for the cash back Offer / promo codes running on the Paytm Platform (website/app).
- To participate in Offer the Participant needs to have registered Paytm account.
- Steps to Participate in the Offer:
- Shop from Paytm Platform from any marketplace category, during the Offer Period for minimum Rs. 999/- (Rupees Nine Hundred Ninety Nine Only) in one single order from any listed categories at marketplace to become eligible for participation in this Offer and win Prize as described under Clause 15 of Part A. Product means the items/goods listed on the Paytm E-commerce Website/App sold by the merchants for the said Offer.
- The Offer is only valid for “Qualified & Completed Orders”, which mean those orders which have neither been categorized as cancelled/ altered/ complained/ replaced/ returned by the Participant(s) placing the order or the Seller/Merchant, nor have been categorized as unexecuted.
- Winner Selection:
- Total One Hundred (100) Participant will be selected on random basis, from all the Participants who undertake above steps during the Offer Period and will be eligible to win a 100% Cashback voucher worth maximum Rs.2000 as described in Clause 15 (Part-A) herein (only if they comply with all the T&Cs mentioned herein).
- A Participant(s) shall not be entitled to win more than once during the entire Offer Period.
- The Winner must have a valid Paytm KYC verified account. If the Paytm account is not KYC verified, the Winner must submit documents for KYC and get his/her account KYC verified.
- The Hundred (100) number of Participants selected shall be “Tentative Winners” who shall be contacted by Paytm E-commerce and confirmed basis qualification criteria, verification & submission of required documents as per the Clause 20 of Part-A mentioned below. The Tentative Winner declared by Paytm E-commerce understands that he/she is not a final Winner and his/her winning is subject to verification & confirmation by Paytm E-commerce.
- Post selection of Tentative Winners, each such of them shall be required to provide adequate documents required for identification and for claiming the Prize from Paytm E-commerce within prescribed time limits provided in this regard, failing which such winner shall be considered ineligible for being selected as final Winner (hereinafter “Winner”) shall be the term given to those Tentative Winners, who have submitted the required documentation, have to all the relevant clauses mentioned herein and obeyed all/any instructions given by Paytm Ecommerce at any time.
- Paytm E-commerce will select the Winners on the basis of randomized selection during the Offer period. Paytm E-commerce may announce few Tentative Winners during the intermittent period of Offer. Paytm E-commerce shall have the sole discretion in all selection and the same shall not be challenged in any manner by any Participant(s) including the Tentative Winner/Winner.
- Offer is being made purely on a "best effort" basis and is valid for a limited period only. Paytm E-commerce reserves its absolute right to withdraw and/or alter any of the terms and conditions of the Offer at any time without prior notice.
- If top hundred (100) Tentative Winners refuse to complete compliance process to avail the prize, only one more round of Tentative Winners will be picked and contacted. After that, no further winners will be contacted.
- Post selection of Tentative Winner, Paytm E-commerce shall make three (3) attempts within 48 hrs to contact them on their registered Mobile Number/E-mail in the Offer to inform about the Prize and further process of claiming the Prize.
- Final list of Winner(s) will be announced in maximum 30 (thirty) working days after the completion of Offer Period at sole discretion of Paytm Ecommerce.
- Prize (“Prize”):
- Hundred (100) Participant, as per the criteria explained herein the T&C, shall be randomly selected to win a 100% Cashback voucher worth maximum upto Rs.2000 (Rupees Two Thousand).
- The Winner(s) shall be provided a unique promocode (“Promocode”) which can be used on Paytm Platform to purchase any product of Paytm Mall and receive 100% cashback maximum upto Rs.2000 in their paytm account, subject to TDS deduction as per Clause 20 of the T&C.
- Each Promocode shall be applicable only for a period of Fifteen (15) days from date of issuance by Paytm Ecommerce, post completion of which, it shall lapse and shall stand forfeited.
- The Prize as depicted in the banner/landing page is purely for illustrative purpose only.
- Eligibility for claiming the Prize: To be eligible to claim the Prize under the Offer, the Tentative Winner must have a valid Paytm KYC verified account (as per RBI guidelines). If the Paytm account is not KYC verified, the Tentative Winner must submit documents for KYC and get his/her account KYC verified before claiming the Prize.
- If the same/any Participant participates in the Offer from multiple paytm accounts, he /she will be awarded only one Prize. The paytm account through which Participant(s) gets themselves registered to Participant in this Offer, the same paytm account shall be considered and used by Paytm Ecommerce to gratify the Winner. Further, Tentative Winner/Winner shall not raise any dispute against the decision of Paytm Ecommerce in this regard.
- Any Prizes to a person/Participant of value in excess of INR 9999/- daily will be subject to deduction of taxes. One97 shall in advance deduct TDS amount which is 30% of Prize amount as per applicable Income tax rules. In case the Prize is delivered/ given to the Winner, then the Winner shall pay TDS by Demand Draft (DD) equal to the TDS amount in advance in favor of One97 Communications Limited.
- All Prize must be claimed by the Winner, along with the documents (if applicable) specified herein below within the 48 hours. The documents required to be submitted along with the claim by the Winner include the following (the document list* is only inclusive and not exhaustive and can change as per the requirements of law):
- Address proof (Voter ID / Driving License / Passport/ electricity bill not older than 3 months /Telephone bill not older than 3 months etc.),
- Photo Id proof (Aadhar Card / Passport/Voter ID/Driving License etc. mandatory),
- One passport size photo (compulsory),
- Postpaid bill (for postpaid user) (additional document),
- PAN card copy self-attested,
- 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 sponsors/administrators). If the Winner fails to comply with the herein set requirements his/her right to win the Prize shall be forfeited.
- Paytm Ecommerce shall only provide the Promocode to the winner/s after compliance with Clause 20 above.
- Prize as explained in Clause 15 (Part-A) can be given as Cheque / Demand Draft/Paytm Cash only on sole discretion of Paytm E-commerce.
- Paytm E-commerce shall not be responsible for any delay on part of a third party including the courier agency, in delivering the Prize (if applicable). All costs and expenses for collecting the Prize unless otherwise specified shall be borne solely by the Winner(s) under this Offer and the Prize shall not be transferable and no request shall be entertained by Paytm E-commerce for such transfer.
*Disclaimer: Paytm cash is a semi closed payment instrument and may be used for the purchase of third party products from Paytm Platform or may be transferred to the person’s bank account.
Part-B Legal Terms & Conditions:
- The participation in the Offer is open only for the Offer Period for the Indian citizens of 18 years and above of age. Employees of Paytm E-commerce (including their family members & relatives) and of their affiliate or associate companies, shall not be eligible for any of the Prize under this Offer. In case it comes to the knowledge of Paytm E-commerce that any Winner is an employee of Paytm E-commerce or their family member or relative, Paytm E-commerce reserves the right to forfeit the Prize. Further, to participate in Offer the Participant needs to have registered account on Paytm Platform.
- The Participants who are residents (permanent/temporary) of any state/union territory within the territory of India shall not be entitled to participate in this Offer, wherever such Offer is prohibited by applicable law.
- By participating in the Offer, Participants consent to the some information available on Paytm platform such as name, score etc. to be communicated to its vendor as required for publication in any media, for the purpose of Winner’s announcement. Paytm E-commerce may, at its 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 stored in the servers of Paytm E-commerce or its service providers.
- Participants acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, WAP, Mobile application, Website and all material or content related to the Offer shall remain, at all times, owned by Paytm E-commerce and/or their respective owners. All material and content contained is made available for Participant’s personal and non-commercial use only. Any other use of the material/ content on the platform and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
- Subject to any applicable laws; (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED including, but not limited to, meeting of the Participant's requirements or aspirations, timeliness, security, the results or reliability of the Offer, delay in sending or receiving the SMS for participating in the Offer, any type of delay by the Participant/Winner, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or Prize/gratification/awards acquired or obtained through the Offer or any transactions effected through the Offer; (b) The Participant expressly agree that his/her participation in the Offer is at his/her sole risk and is governed by the T&C herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind.
- The Prize(s) under this Offer are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. All the Prizes shall be subject to such other T&C as may be applicable to specific Prize and shall have to be duly complied with by the Winner(s).
- The Prize(s) to the Winner(s) shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the Prize(s) and on production of all such documents/papers as may be required by Paytm E-commerce before accepting the delivery of the Prize. Any failure on the part of the Winner(s) to comply with directions issued by Paytm E-commerce for claim of Prize shall entitle Paytm E-commerce to forfeit the Prize(s) or roll the Prize over to the next eligible Winner(s), at their sole discretion.
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Any Participant providing any incorrect information or concealing/withholding any information from Paytm E-commerce with intent to participate and/or be chosen as the Winner(s) of the Offer will automatically be disqualified from participating in it and being chosen as the Winner(s) of the different categories of Prize. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Operator number, domicile etc., by the Participant or dispute with the Paytm Platform, shall entitle Paytm E-commerce to disqualify him/her without any further intimation. Paytm E-commerce reserves its right to take appropriate legal action against any Participant involved in illegal/unauthorized activity.
- The Participants shall indemnify and keep indemnified Paytm E-commerce and their officers, directors, employees, customers, and affiliates 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 as sponsor/organizer/facilitator as a result of (i) breach or alleged breach of the representations or obligations by the Participants under the T&C hereunder; (ii) any failure by the Participants to comply with applicable law and (iii) any third party claim in respect of misuse of any information of a third party by the Participant. Paytm E-commerce shall have the right to defend themselves, pursuant to this clause, at the cost of the Participants. 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 Winner(s) or any third party, in connection with the Offer. It is expressly provided that transaction shall be between Participant & Paytm E-commerce only.
- All incidental costs, taxes or levies related to the Prize(s), if any, shall be exclusively borne by the Winner(s), including but not limited to logistics, TDS, gift tax (if any), Insurance and any other taxes applicable by the Central, State or Municipal government. The Participant/s who have won the Prize have to make their own arrangements for travel, accommodation to claim the Prize (if applicable); Paytm E-commerce shall not be responsible for the same or any cost of travel and accommodation incurred by any of them.
- The Participants and Winner(s) hereby irrevocably authorize Paytm E-commerce to use the data/information gathered during and/or after the Offer in respect of the Participant (including but not limited to name and photograph) in any of its communications including marketing promotions and advertisements. By participating in the Offer, Participant(s) confirms to waive the applicability of rules and regulations of the National Do Not Call Registry and agrees to receive updates and promotional messages / SMS / Email / Call for current and future Offers from Paytm E-commerce.
- 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. Paytm E-commerce shall intimate the suspension of Offer caused as a result of such Force Majeure Event to the Participants within reasonable time.
- Paytm E-commerce reserves all the rights to offer any amount/coupon/voucher/any other Prize equivalent to the cost of the Prize.
- This Offer is subject to guidelines/directions issued by any applicable competent authority from time to time.
- This Offer is designed/sourced by Paytm E-commerce, are as per their best of efforts. In case there is any discrepancy or dispute regarding the Offer, the decision by Paytm E-commerce shall be final and neither Paytm E-commerce nor any third party shall have any liability towards any Participant. No queries/complaints whatsoever in this regard will be entertained.
- 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 Prize 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.
- 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 may assign any of its rights within the Offer to any party without prior intimation to Participants.
- Paytm E-commerce does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participants.
- Paytm E-commerce neither guarantee or warranty the quality of the goods being offered as Prize nor is liable/ responsible for any defect in the goods so obtained/availed, by the Winners under this Offer. Paytm E-commerce shall also not be liable for any defect in the Prize so offered to the Winner under this Offer. The Winner further understands that the goods provided as Prize will carry manufacturer’s guarantee and in case of any deficiency in the goods, Participant will contact the manufacturer only.
- Prizes as explained in Clause 15 of Part A of this T&C shall be given as Cheque/Demand Draft/Paytm Cash only on sole discretion of Paytm E-commerce.
- The Winners understand and agree that Paytm E-commerce its owners and affiliates, 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 a Winner and/or any third party, directly or indirectly, by use or non-use of the Prize.
- Apart from the entitlement to the Prize, the Winners or their legal heirs/successors/ representative will have no other rights or claims against Paytm E-commerce, its owners/organizers/sponsors and affiliates. Notwithstanding anything, in case of any dispute, maximum aggregate liability of Paytm E-commerce, shall not exceed value of the concerned Prize mentioned under Part-A of this T&C.
- The Winner(s) understand and agree that acceptance of the Prize by them, constitutes grant of permission to the facilitators to click photographs of the Winner and use the Winner’s names, photograph, preferences (likes and dislikes), voice and comments for advertising and promotional purposes in any media worldwide, only for the purposes of advertising and trade without any additional compensation whatsoever to the Winners. The Participant/Winner hereby provides his/her irrevocable consent for sharing/submission of his/her personal information to Paytm E-commerce, and subsequent use by Paytm E-commerce of such information for lawful purposes as per its discretion.
- Post Winner(s) declaration and completion of their announcement and further process as the case may be if Paytm E-commerce finds that the declared Winner(s) are erroneous then Paytm E-commerce reserves the right to declare the correct Winner(s) again (as per the T&C) and cancel the Prize of Winner(s) declared earlier and the same decision of Paytm E-commerce shall not be challenged by any erroneously selected Winners.
- Paytm E-commerce shall not be responsible for any claims from any Participant/Winner(s) or any third party arising out of any failure(s) which is beyond the reasonable control of the Paytm E-commerce. Without limiting the generality of the foregoing, the Organizer shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Offer including but not limited to any technical failures in the mobile/device/computer/laptop connectivity, delay in sending or receiving the SMS for participating in the Offer, any type of delay , any action that has been initiated, actioned or completed through his/her mobile phones/device/computer/laptop, failure of servers or any type of failures arising out of technical snags or resultant inability of the Participant(s).
- The Participant’s hereby agree and undertake not to hold the Organizer and/or any of their group entities or affiliates, their respective directors, officers, employees, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either direct or indirect or remote that they may/might have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and /or on account of this Offer.
- Any dispute arising out of this Offer’s T&C shall first be attempted to be resolved amicably through negotiations. In the event, amicable settlement fails, the dispute shall be referred to Mediation. The venue of Mediation shall be at Delhi only.
- This Offer and T&C are subject to Indian law and the exclusive jurisdiction of the Courts in Delhi.