PART A- General Terms and Conditions (“T&C”)
- Participation in the Offer, Contest and Campaign is purely optional and voluntary. The Offer, Contest and Campaign are not valid in conjunction with any other offer. People participating or seeking to participate in the Offer shall individually be referred to as “Participant” and collectively as “Participants”.
- The Participant is requested to read the complete terms and conditions of this Offer as well as Terms of Use before participating in the same. By participating in this Offer, Contest and Campaign, each Participant is deemed to have read and accepted the complete terms and conditions of this Offer, Contest and Campaign as well as the decisions of One97, The Hindu and Paytm Mall which are final and binding in all matters relating to the Offer, Contest and Campaign.
- The Offer, Contest and Campaign shall be open till 30th January, 2018 at 23:59:59 hours (“Offer Period”). The Offer, Contest and Campaign are valid on subscribing to a limited subscriptions of The Hindu (referred to as “the Subscriptions”) on which the Offer, Contest and Campaign are mentioned and apply.
- This is a limited period Offer, Contest and Campaign. The Offer, Contest and Campaign are available on limited subscriptions. Subscriptions without this Offer, Contest and Campaign are also available and will not be subject to any claim or dispute of any nature under this Offer, Contest and Campaign
- These Terms and Conditions are available on the Platform www.paytmmall.com/offer/Hindu The Terms and Conditions can be amended or varied from time to time or withdrawn without notice and therefore, please visit the Platform periodically to keep yourself updated and informed.
- The gratification(s) to the Winner(s) shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the gratification(s) and on production of all such documents/papers as may be required by One97/Paytm Mall/The Hindu before accepting the delivery of the gratification. Any failure on the part of the Winner(s) to comply with directions, One97/Paytm Mall/ The Hindu shall be entitled either to forfeit the gratification(s) or roll the gratification over to the next eligible Winner(s), at their sole discretion.
- Applicable TDS/tax amount shall be deducted by Paytm/One97.
- The Winners understand and agree that One97/Paytm Mall/ The Hindu, 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 gratification received by the Winner.
Eligibility:
- The participation in the Offer, Contest and Campaign is open only during the Offer Period respectively for the Indian citizens of 18 years of age and above.
- Employees of One97, Paytm Mall and The Hindu (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 Contest. In case it comes to the knowledge of One97/Paytm Mall that any winner is an employee of either of them or of The Hindu or their family member/relative, One97/Paytm Mall reserves the right to forfeit the gratification.
- To be eligible to claim the gratification/s under Lucky winner Contest, the Participant must have a valid Paytm KYC verified account (as per RBI guidelines). If the Paytm account is not KYC verified, the Participant must submit documents for KYC and get his/her account KYC verified before claiming the Cashback.
- One97, The Hindu and Paytm Mall reserve the right to exclude any Participant from the Offer, Contest and Campaign on any grounds including but not limited to that of misconduct or criminal record.
PART B- Paytm Mall The Hindu Offer
This Paytm - The Hindu Offer (“the Offer”) and the Paytm - The Hindu Contest (“the Contest”) is sponsored and organized by One97 Communications Limited (“One97”). The Offer and Contest are facilitated by One97.
Steps to avail the Offer
- On Subscribing to the eligible subscription offer, you shall receive a promocode
- The Participant can use the Code in the manner described below to avail the applicable Paytm Cash. Paytm cash is the cashback that Participant gets when he/she applies the Code on the Platform. The cash earned this way is stored in the Paytm Wallet of the Participant and can be used to purchase subscriptions etc. on the Paytm Platform (“Paytm Cash”). No cash can be given in lieu of Paytm Cash.
- Go to the Movies section via Paytm App / Web
- Select at least 2 movies tickets
- While checking out, select the option "Have a Promocode?" and enter the promocode
- The cashback will be credited into the user’s account
A Participant can avail the Offer only once
- The Offer is only valid for “Qualified & Completed Orders”, which shall mean those 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.
- The Code shall be valid only during the Offer Period and cannot be redeemed after the expiry of the Offer Period.
*Disclaimer: Paytm cash is a semi closed payment instrument and may be used for the purchase of third party subscriptions or may be transferred to the person’s bank account
PART D- Legal Terms and Conditions
- By participating in this Offer, Contest and Campaign the Participant agrees and understands that all transactions on Platform are subject to the terms and conditions associated with creating a Paytm account.
- If the Participant purchases a product or service on Platform, that is greater in value than the amount of cash the Participant has in the Paytm wallet, the Participant shall have to pay for the differential amount through any means available/ accepted by Paytm on the Platform.
- The Winner(s) of contest are mandatorily required to submit KYC documents to Paytm in order to avail the applicable Paytm Cash. In the event that the Winner fails to submit the same, he/she shall be disqualified from availing the applicable Paytm cash.
- Neither One97, The Hindu nor Paytm Mall shall be liable for any delay in actual redemption under this Offer and Contest reflecting in the Participant’s account.
- The residents of any state within territory of India, wherever prohibited by Law shall not be entitled to participate in this Offer, Contest and Campaign as applicable.
- One97 and/or Paytm Mall reserve the right to cancel, modify, extend, or withdraw the Offer, Contest and Campaign prematurely at their sole and absolute discretion.
- The Participants shall indemnify and keep indemnified One97/Paytm Mall/ The Hindu. and their officers, directors, employees, customers, 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 One97/Paytm Mall/The Hindu may incur, pay or become responsible as facilitator as a result of breach or alleged breach of the representations or obligations of the Participants under the T&C hereunder, any failure by the Participants to comply with applicable law and any third party claim in respect of misuse of any information of a third party. One97/Paytm Mall/ The Hindu shall have the right to defend themselves, pursuant to this Clause, at the cost of the Participants.
- One97/Paytm Mall/ The Hindu 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, Contest and Campaign. It is expressly provided that transaction shall between Participant & One97/ Paytm Mall/ The Hindu only.
- One97, The Hindu and/or Paytm Mall may require the Participants to participate in promotional activities (such as publicity and photography) free of charge, and he/she consents to the usage of his/her name, photograph, film recording, portrait, picture, voice, likeness and biographical information for media coverage, news or information and for advertising or promotional purposes in any media for an unlimited period without remuneration (“Publicity Material”). The license to use the Publicity Material shall survive the termination or expiry of this Offer, Contest and Campaign.
- All incidental costs, taxes or levies related to the gratification(s), if any, shall be exclusively borne by the Winner(s), including but not limited to TDS, gift tax/GST (if any), Insurance and any other taxes applicable by the Central, State or Municipal government. These costs pay be deducted by Paytm prior to Participants acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, WAP/APP, Platform and all material or content related to the Offer, Contest and Campaign shall remain, at all times, owned by One97/Paytm Mall/ The Hindu 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 law (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, Contest and Campaign , delay in sending or receiving the SMS for participating in the Offer, Contest and Campaign, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, subscriptions, benefits or awards acquired or obtained through the Offer, Contest and Campaign or any transactions effected through the Offer, Contest and Campaign ; (b) The Participant expressly agree that his/her participation in the Offer, Contest and Campaign 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 Platforms/ SMS, shall be construed to mean the giving of any warranty of any kind One97, The Hindu, Paytm Mall, shall not be responsible for any loss, injury or any other liability arising out of availing of the Offer, Contest and Campaign.
- The Participants and Winner(s) hereby irrevocably authorize One97/Paytm Mall/ The Hindu and its owners, affiliates, subsidiaries, associates to use the data gathered during and/or after the Offer, Contest and Campaign 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 and Contest, 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/Contests/Campaigns from One97/Paytm Mall/ The Hindu.
- One97, The Hindu and/or Paytm Mall shall not be liable for any loss, delay 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, delay or damage.
- The gratification(s) under this Offer, Contest and Campaign are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. All the gratifications shall be subject to such other T&C as may be applicable to specific gratification and shall have to be duly complied to by the winner(s) One97, The Hindu and/or Paytm Mall are not responsible for any malfunction/ server error/ technical fault of any kind either at the Participant’s end or on the Platform, which prevents the Participant from taking part in the Offer, Contest and Campaign.
- One97, The Hindu and/or Paytm Mall shall not be responsible for downtime on the subscriptions, caused due to technicalities (like failure of hardware equipment, configuration issue, network congestion), or due to decisions/changes in regulations that are carried out by TRAI, R.B.I, DoT or any other regulatory body.
- This Offer, Contest and Campaign are 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 One97/Paytm Mall (“Force Majeure Event”). One97/Paytm Mall/ The Hindu shall not be liable for any delay or adverse effect caused to this Offer, Contest and Campaign there under as a result of a Force Majeure Event. One97/Paytm Mall/ The Hindu shall intimate the suspension of Offer, Contest and Campaign caused as a result of such Force Majeure Event to the Participants within reasonable time
- The Participants agree that participation in this Offer, Contest and Campaign is at their sole risk. One97/Paytm Mall/ The Hindu, its affiliates, and their officers, directors, employees, and agents disclaim all warranties, express or implied, including without limitation any warranty of merchantability, availability, and fitness for a particular purpose or non-infringement.
- Any Participant providing any incorrect information or concealing/withholding any information from One97/Paytm Mall/ The Hindu with intent to participate and/or be chosen as the Winner(s) of the Offer, Contest and Campaign will automatically be disqualified from participating in it and being chosen as the Winner(s) of the different categories of gratification. 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 platform, shall entitle One97/Paytm Mall/The Hindu to disqualify him/her without any further intimation.
- One97/Paytm Mall/The Hindu shall not be responsible for any claims arising out of technical failures before, during the Offer, Contest and Campaign or after the completion including but not limited to any technical failures in the mobile connectivity, delay in sending or receiving the SMS for participating in the Offer, Contest and Campaign , delay in time recorded or taken for answering a question during the tie-breaker process, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or the failure to provide the correct score updates or any failures arising out of technical snags or resultant inability of the Participant.
- One97/Paytm Mall/The Hindu reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Offer, Contest and Campaign or any part thereof including the eligibility criteria, the T&C and gratification 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 One97/Paytm Mall/The Hindu to enforce any of their rights at any stage does not constitute a waiver of those rights. Further, One97/Paytm Mall/The Hindu may assign any of its rights within the Offer, Contest and Campaign to any party without prior intimation to Participants.
- One97/Paytm Mall/The Hindu does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participants.
- Apart from the entitlement to the gratification, the Winners or their legal heirs/ successors/ representative will have no other rights or claims against One97/Paytm Mall/The Hindu, its owners and affiliates. Maximum aggregate liability of One97/Paytm Mall/The Hindu shall not exceed value of the concerned gratification in case of any dispute, in pursuance to the terms and conditions herein.
- No correspondence shall be entertained with regard to any aspect of the Offer, Contest and Campaign, except as specified.
- Any dispute arising out of this Offer, Contest and Campaign and terms & conditions of this Offer, Contest and Campaign shall first be attempted to be resolved amicably through negotiations. In the event, amicable settlement fails, dispute shall be referred for Arbitration to a Sole Arbitrator to be appointed by Paytm Mall whose decision shall be final and binding on all. The place of arbitration shall be Delhi. The Courts at Delhi shall have the exclusive jurisdiction in respect of all the subject matter with relation to the Offer, Contest and Campaign.