Offers Name: Paytm Snickers 2019 Offer
Part A – Terms and Conditions (T&C):
- This offer (hereinafter referred to as “Offer”) is being launched by Mars International India Private Limited, a company incorporated under the Companies Act, 1956 having its registered office at 4658-A, No. 21, Ansari Road, Darya Ganj, New Delhi 110002, India_ (hereinafter referred to as “Company”/ Organizer”)
- This Offer is run in association with One97 Communications Limited, a Company having its registered office at 1st Floor, Devika Tower, Nehru Place, New Delhi - 110019 and corporate office at B-121, Sector 5, NOIDA, Uttar Pradesh – 201301, India (hereinafter referred to as “Paytm/ Sponsor”) having website located at URL ‘www.paytm.com’ and Paytm mobile application, Paytm IVR and Paytm WAP (hereinafter referred to as “Platform” or “Paytm Platform”).
- This Offer is valid from 12th August 2019 at 00:00:01 hours till 31st December 2019 at 23:59:59 hours (hereinafter referred to as “Offer Period”). The offer is open to all users/Participant(s), except as may be excluded herein. This offer is valid only on the purchase of the Product (defined herein below).
- 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). Entry and participation in this Offer will be deemed as an unconditional and unequivocal acceptance to these T&C, including any modifications, revisions and amendment thereto. If the Participant(s) does not agree to these T&C, please do not participate in this Offer. Paytm and/or the Company reserve the right to amend, modify, change, add or terminate these T&C or discontinue/amend this Offer without any notice.
- The Offer comprise of the following which shall be conducted in accordance with the terms and conditions set out herein:
- Process to avail the cashback shall be as follows:
All Participants who purchase the products shall receive cashbacks as per the following:
Product Name Product Value Cashback Amount Snickers T3 15g INR 10 INR 10 Snickers Stick 25g INR 20 INR 15 Snickers Bar 50g INR 40 INR 35
- Winner Selection Criteria
All participants who have bought the promotional packs of products with a Paytm logo and offer details during the offer period shall be eligible to receive the respective cashback during the Offer Period.
- Paytm and/or the Company shall have the sole discretion to decide on all matters connected with the Offer(s) and the same shall be binding on Participant(s); and shall not be challenged in any manner by any Participant(s).
- The Offer is being made purely on a "best effort" basis and is valid during Offers Period only. Stocks available without this Offer also/
- In case of any issues regarding the Offer, kindly contact Paytm Customer Care at 0120-4880880
- The Cashbacks may not be made instantaneously. Cash shall not be awarded in lieu of the Cashbacks
- This Offer(s) shall not be clubbed/used in conjunction/alongside any prevailing offer/ promotion(s) available on Paytm Platform. Further the Offer(s) are non-transferable, non-encashable, non-refundable.
a) The participation in the Offers is open only for the Indian citizens of 18 years of age or above, provided they are Paytm registered users in India and have a bank account linked with Paytm UPI(as per RBI guidelines) and verified mobile numbers on Paytm.
b) Where the Participant(s)’ does not have a bank account linked with Paytm UPI, the Participant will have to link bank account with Paytm UPI to receive Cashback
c) Letter of compliance with rules and regulations and declarations in the format as may be required by the Organizers or applicable laws.
d) THE PARTICIPANTS SHALL NOT BE ENTITLED TO PARTICIPATE IN THIS OFFER WHEREVER THE OFFER IS DECLARED INVALID OR ILLEGAL BY THE COURT OF COMPETENT JURISDICTION OR APPLICABLE LAW, AND THE OFFER SHALL NOT BE APPLICABLE AND /OR STANDS WITHDRAWN FORTHWITH IN SUCH JURISDICTION.
- Unconditional Approval/Acceptance-
a) By participating in the Offers, Participant(s) indicate their acknowledgement and acceptance of these T&C.
b) By entering the Offers, Participant(s) confirm and waive the applicability of rules and regulations of the National Do Not Call Registry and agree to receive promotional messages and alerts including without limitation daily updates on the and as Paytm may in its sole and absolute discretion decide.
- Employees of Paytm and the Company (including their family members) and of their group companies, affiliate or associate companies, shall not be eligible to participate under the Offers. Where it comes to the knowledge of Paytm and/or the Company that any employee of Paytm and/or the Company or their respective family members have received or participated in the Offers, Paytm and/or the Company reserve the right to forfeit and/ or cancel the Offers.
Part B – Legal Terms & Conditions:
- The Offers shall be made available only in the territory of India and shall not be available to persons residing in any state/union territory of India wherever such activity is prohibited by Law.
- By participating in this Offers,
a) The Participants hereby irrevocably authorize Paytm and/or Company and their respective owners, affiliates, subsidiaries, associates and grants a royalty-free and perpetual right to use as per Paytm’ s and/or the Company’s discretion any and all data gathered during and/or after the Offers in respect of the Participant (including but not limited to name and photograph and other personal details) for the purpose of this Offers and or in any of its communications including marketing promotions along with or without Paytm’ s/Company’s brand and advertisements, social media, Paytm Platform or any other public domain.
b) Participants hereby consent to the information being shared by Paytm with its affiliates and service providers / Organizer in order to fulfill the Offers.
c) Participant/s confirms and hereby waives 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 contests offers from Paytm.
- Participant(s) acknowledge and agree that all the right title and interest in and to any or all copyright and trademarks and all other intellectual property rights of the Company or in the Paytm Platform, App content, all its associated website linked with Paytm Platform, and all material or content related to the Offers and or Paytm Platform shall, at all times, be owned by and vested with the Company or Paytm and/or their respective owners including PaytmMall respectively.
- All material and content contained in Paytm Platform is made available for Participant's personal and noncommercial use only. Any other use of the material/ content on Paytm Platform and/ or any information disseminated by SMS or any other means of communication are strictly prohibited.
- By buying/availing the Offers, Participant(s) have given the right to Paytm and/or Company to use Participant’s name, photograph and other personal details for the purpose of this campaign including announcing your name as eligible participant on social media, Paytm Platform, or in any other public domain.
- 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 contest/offer, delay in sending or receiving the SMS or any other communication for participating in the Offers, delay in time taken for the process, or the delivery, quality, quantity, merchantability, fitness for use or a particular purpose or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Offers or any transactions effected through the Offers; (b) the Participant expressly agree that participation in the offer is at his/her sole risk and discretion and is governed by the terms and conditions herein; and (c) no advice or information whether by representations, oral, written or pictorial derived from the Paytm Platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind whatsoever. Paytm and/or the Company do not make any commitment or warranty, express or implied to respond to any feedback, suggestion and/or queries of the Participant(s).
- The Cashbacks to the Participants shall be given subject to compliance with all applicable statutory legislations and laws, processes and formalities in connection with the Cashbacks and on production of all such documents/papers as may be required by Paytm. Any failure on the part of the Participant(s) to comply with directions issued by Paytm for Cashbacks shall entitle Paytm and/or the Company to forfeit the Cashbacks or roll the Cashbacks over to the next eligible Participants(s), at their sole discretion.
- Any Participant(s) providing any incorrect information or concealing/withholding any information from Paytm with intent to participate and/or be chosen for Cashbacks under the Offers will automatically be disqualified from participating in Offers and being chosen for the Offers or any other offer or cashback. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, domicile, contact number etc. by the Participant(s) or dispute with Paytm Platform shall entitle Paytm to disqualify the Participant from participating in the Offers without any further intimation or notice.
- The Participant(s) shall indemnify and keep indemnified Paytm and/or Company and their respective 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 Payment/or the Company 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 Offers and its 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/Company shall have the right to defend themselves, pursuant to this Clause, at the cost of the Participant(s). Paytm and/or the Company or their respective affiliates or associates or agents shall not be responsible or liable to Participants or any third party, for any direct and or indirect losses, damages or claims of whatsoever nature including (a) incidental, special, punitive or consequential damages, loss of profits, technical errors or failures, mobile connectivity, delay in sending or receiving the SMS or any other communication to the Participants, or any action that has been initiated, actioned or completed through Participants mobile phones, failure of servers or the failure to provide the updates or any failures arising out of technical snags or inability of the Participant to listen or observe the Offers or T&C, or (b) any personal loss or injury that may be suffered (including loss of life) by a Participant(s) and/or any third party, directly or indirectly, by use or non-use of the Offers or Cashbacks or Paytm Platform or Product purchased.
- All incidental costs, taxes or levies related to the Offers and Cashbacks, if any, shall be exclusively borne by the Participants(s), including but not limited to TDS, gift tax (if any), insurance and any other taxes applicable by the Central, State or Municipal government.
- The Offers are subject to force majeure circumstances including without limitation, floods, natural disasters, war, and act of terror, political unrests, technical snags, act of God, change of laws or technical errors or failure or any circumstance beyond the control of Paytm or the Company (“Force Majeure Event”). Paytm or the Company shall not be liable for any delay or adverse effect or failure or breach or damages or act or omission caused to this Offers or Participant(s) as a result of a Force Majeure Event. Where practicable, Paytm and/or the Company may intimate the suspension of the Offers caused as a result of such Force Majeure Event to the Participant(s) within reasonable time.
- Failure by Paytm and/or the Company to enforce any of its rights at any stage does not constitute a waiver of those rights. Paytm and/or the Company may assign any of its rights hereunder to any party without prior intimation to Participant(s). Participant(s) shall not assign any of its right or obligations hereunder to any other party.
- Apart from the Offers and Cashbacks, the Participants or their legal heirs/ successors/ representative shall have no other rights or claims against Paytm and/or the Company, its owners and affiliates. Paytm’ s liability in contract, tort or otherwise (including negligence) howsoever arising out of or in connection the Cashbacks shall not in any manner exceed, in total, regardless of the number of claims, in respect of all matters, a maximum of INR 5000
- Paytm and/or the Company reserve the right to forfeit the Cashbacks or to disqualify or to declare any Participant ineligible, in the event of failure or breach or non-adherence to the T&C by the Participant.
- The Participant/s understand and agree that Paytm shall not at any time be liable for the quality, representation or warranties or constraints, usage constraints, value deterioration issues, timely delivery issues relating the Offers. Paytm is only an intermediary (as defined under the Information Technology Act, 2000 and the Rules thereunder) and facilitator and not the actual Product provider/service provider and such responsibility is of individual merchants/sellers or of Company. These T&C of the Offers are the extension of Paytm policies/terms and conditions, mentioned on the Paytm Platform. In case of any conflict, these T&C shall prevail.
- This Offers is subject to guidelines/ directions issued by any competent authority from time to time.
- Paytm and/or the Company reserve the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Offers or any part thereof including the eligibility criteria, the T&C 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).
- Any dispute arising out of the Offers and or the T&C shall be attempted to be resolved amicably through negotiations with the Paytm and/or the Company representative. In the event amicable settlement fails, such dispute shall be referred to mediation, the venue of mediation shall be at Delhi. The Offers and the T&C are subject to Indian laws and the exclusive jurisdiction of the Courts in Delhi.