Winter Bonanza Sale Terms & Conditions

Offer Name: Paytm Mall Winter Bonanza Sale

Part – A Offer Terms & Conditions (“T&C”)

  1. 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”)
  2. 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.
  3. This Offer is valid from 14th November, 2017 till 16th November, 2017 every day from 08:00:00 hours to 23:59:59 hours (hereinafter referred to as “Offer Period”).
  4. 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).
  5. To participate in Offer the participant needs to have registered Paytm account.
  6. Under this promotion – Total 240 orders (Five winners every hour) shall be entitled to receive a 100% cashback on their order value (‘Winning Order’). For Winning Order(s), 100% of order value (up to a maximum value of Rs. 2500/-) minus cashback already received through applying the promo code shall be credited, post 30 days of the delivery of the Winning Order. In case of return/cancellation, refund amount will be credited after deducting the cashback amount received by the participant(s).
  7. Steps to Participate in the Offer:
  1. Shop from www.paytmmall.com or Paytmmall Mobile Application and/or www.paytm.com or Paytm mobile Application, during the Offer Period for minimum Rs. 499/- (Rupees Four Hundred Ninety Nine Only) in one single order from categories mentioned below in Clause 7(b) to become eligible for participation in this Offer.
  2. The Participants have to purchase from following categories to participate in the Offer:-
    1. Fashion, or
    2. Electronics, and/or
    3. Bazaar Categories
    4. Daily Needs / FMCG
  3. 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.
  1. Winner Selection:
  1. Five (5) Participants will be selected every hour (till the Offer Period) on random basis, from all the participants who undertake above steps during the Offer Period and will be eligible to win Prize/Gratification as described in Clause 15 (Part-A) herein (only if they comply with all the T&Cs mentioned herein).
  2. A Participant(s) shall not be entitled to win more than once during the entire Offer Period. This is to clarify a participant who has won Prize as mentioned in Clause 15 (Part-A) once will not be eligible to win it again in this Offer.
  3. 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.
  4. KYC can be done by the Participant(s) on or before 30th November, 2017. The Participants who are not KYC compliant by the end of 30th November, 2017 may not be considered eligible in this Offer.
  1. 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 and the rest may be announced thereafter. 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 Winner(s).
  2. 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.
  3. The number of winners selected shall be “Tentative Winners” who shall be contacted/notified by Paytm E-commerce and confirmed basis qualification criteria, verification & submission of required documents as per the clause 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.

 

  1. Post selection of “Tentative winner”, Paytm E-commerce shall make three (3) attempts within 48 hrs to contact winners on their registered Mobile Number/E-mail in the Offer to inform about the gratification and further process of claiming the gratification.
  2. Post selection of Tentative Winners, each such winner 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/s. Final Winner(s) shall be the term given to those Tentative Winners, who have submitted the required documentation and have complied to all the relevant clauses mentioned herein.
  3. Final list of Winner(s) will be announced 30 working days after the completion of Offer Period at sole discretion of Paytm Ecommerce.
  4. Gratification/s (Prize):
  1. Every hour Five (05) Participants, as per the criteria explained herein the T&C, shall be randomly selected to win 100% cashback on their winning order value.
  2. The maximum amount of cashback to be given is up to Rs. 2500/- (Rupees Twenty Five Hundred Only).
  3. Each Promocode shall be applicable only for a period of 15 days from date of issuance by Paytm, post completion of which, it shall lapse and shall stand forfeited.
  1. The Gratification/Prize as depicted in the banner/landing page is purely for illustrative purpose only.
  2. Winner/s will be notified by Paytm E-commerce on their registered Mobile Number/E-mail registered on Paytm Platform to inform about the gratification and further process of claiming the gratification.
  3. If the same person plays the challenge from multiple Paytm accounts, he /she will be awarded only one gratification and Paytm wallet through which he/she gets themselves registered to play this Offer, the same Paytm wallet shall be considered and used by Paytm Ecommerce to gratify the Winner/ Random Winner. Further Winner/ Random Winner shall not raise any dispute against the decision of Paytm Ecommerce in this regard.
  4. Any gratifications to a person/Participant of value in excess of INR 9999 daily will be subject to deduction of taxes. Paytm Ecommerce shall in advance deduct TDS amount which is 30% of gratification/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 Paytm Ecommerce Private Limited.
  5. All gratification must be claimed within the 48 hours by the Winner/ Random Winner (s), along with the documents (if applicable) specified herein below by the Organizers. The documents required to be submitted along with the claim by the Winner/ Random 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 Organizers). If the Winner/ Random Winner fails to comply with the herein set requirements his/her right to win the prize shall be forfeited.

  1. Paytm shall only provide the promo code to the winner/s after compliance with Clause 20 above.
  2. Prize/Gratification(s) as explained in Clause 15 (Part-A) can be given as Cheque / Demand Draft/Paytm Cash only on sole discretion of Paytm E-commerce.
  3. Paytm E-commerce shall not be responsible for any delay on part of a third party including the courier agency, in delivering the gratification (if applicable). All costs and expenses for collecting the gratification unless otherwise specified shall be borne solely by the winner(s) under this Offer and the gratification shall not be transferable and no request shall be entertained by Paytm E-commerce for such transfer.
  4. 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. 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/relatives, Paytm E-commerce reserves the right to forfeit the gratification.
  5. Disclaimer:
  1. 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.
  2. The cashback under this offer is being extended by One97 Communications Limited (“One97”) for using “Paytm Payments” on marketplace run and operated by Paytm E-Commerce Private Limited. It can be used to pay for anything on merchants accepting “Paytm payments” platform.
  3. 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

 

Part-B Legal Terms & Conditions (“Legal T&C”):

  1. The participation in the Offer is open only for the Offer Period for the Indian citizens of 18 years of age or above.
  2. 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.
  3. 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 Paytm Ecommerce may deem fit, for the purpose of Winner/ Random Winner’s announcement: name, mobile phone number, score and/or photograph. Paytm Ecommerce may, at their discretion, choose not to disclose the identity of the selected Winner/ Random 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.
  4. Participants acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, Platform, Website and all material or content related to the Offer shall remain, at all times, owned by Paytm Ecommerce 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.
  5. 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, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or 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.
  6. The gratification(s) under this Offer 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 by the Winner/ Random Winner (s).
  7. The gratification(s) to the Winner/ Random 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 Paytm Ecommerce before accepting the delivery of the gratification. Any failure on the part of the Winner/ Random Winner (s) to comply with directions issued by Paytm Ecommerce for claim of gratification shall entitle Paytm Ecommerce to forfeit the gratification(s) or roll the gratification over to the next eligible Winner/Random Winner(s), at their sole discretion.
  8. Any Participant providing any incorrect information or concealing/withholding any information from Paytm Ecommerce with intent to participate and/or be chosen as the Winner/ Random Winner(s) of the Offer will automatically be disqualified from participating in it and being chosen as the Winner/Random 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 Paytm Ecommerce to disqualify him/her without any further intimation.
  9. Cash vide cheque/DD, promocode or physical prize shall be handed out to the Random Winner at the sole discretion of Paytm Ecommerce.
  10. The Participants shall indemnify and keep indemnified Paytm Ecommerce 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 Paytm Ecommerce 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. Paytm Ecommerce shall have the right to defend themselves, pursuant to this Clause, at the cost of the Participants. Paytm Ecommerce 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/Random Winner(s) or any third party, in connection with the Offer. It is expressly provided that transaction shall between Participant & Paytm Ecommerce only.
  11. All incidental costs, taxes or levies related to the gratification(s), if any, shall be exclusively borne by the Winner/ Random Winner (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 Participant/s who have won the gratifications have to make their own arrangements for travel, accommodation to claim the gratification (if applicable); Paytm Ecommerce shall not be responsible for the same or any cost of travel and accommodation incurred by any of them. 
  12. The Participants and Winner/ Random Winner (s) hereby irrevocably authorize Paytm Ecommerce and its owners, affiliates, subsidiaries, associates to use the data 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 Offer from Paytm Ecommerce.
  13. 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 Ecommerce (“Force Majeure Event”). Paytm Ecommerce 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 Ecommerce shall intimate the suspension of Offer caused as a result of such Force Majeure Event to the Participants within reasonable time.
  14. Paytm Ecommerce reserves all the rights to offer any amount/voucher/any other prize equivalent to the cost of the prize.
  15. This Offer is subject to guidelines/directions issued by any applicable competent authority from time to time.
  16. In case there is any discrepancy or dispute regarding the Words selected in the Word Game, the decision by Paytm Ecommerce shall be final and neither Paytm Ecommerce nor any third party shall have any liability towards any Participant. No questions whatsoever in this regard will be entertained.
  17. Paytm Ecommerce shall not be responsible for any claims arising out of technical failures before, during the Offer 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, 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.
  18. Paytm Ecommerce 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 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.
  19. Failure by Paytm Ecommerce to enforce any of their rights at any stage does not constitute a waiver of those rights. Further, Paytm Ecommerce may assign any of its rights within the Offer to any party without prior intimation to Participants. 
  20. Paytm Ecommerce does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Participants.
  21. Paytm Ecommerce  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 Winner/Random Winners under this Offer. Paytm Ecommerce shall also not be liable for any defect in the Prize so offered to the Winner under this Offer. The Winner/Random 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.
  22. The Winner/Random Winners understand and agree that Paytm Ecommerce, 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.
  23. Apart from the entitlement to the Prize, the Winner/Random Winners or their legal heirs/ successors/ representative will have no other rights or claims against Paytm Ecommerce, its owners and affiliates. Maximum aggregate liability of Paytm Ecommerce shall not exceed value of the concerned prize in case of any dispute, in pursuance to the terms and conditions herein.
  24. The Winner/Random 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/Random Winner and use the Winner/Random 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 Winner/Random Winners. The Participant/Winner/Random Winner hereby provides his/ her irrevocable consent for sharing /submission of his/her personal information to Paytm Ecommerce, and subsequent use by Paytm Ecommerce of such information for lawful purposes as per its discretion.
  25. Post Winner/Random Winner(s) declaration and completion of their announcement and further process as the case may be if Paytm Ecommerce finds that the declared Winner/Random Winner(s) are wrong then Paytm Ecommerce reserves the right to declare the correct Winner/Random Winner(s) again and cancel the gratification of Winner/Random Winner(s) declared earlier.
  26. Any dispute arising out of this offer and terms & conditions of this Offer 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.
  27. These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in Delhi.
  28. The Organizer shall not be responsible for any claims from any Participant or any third party arising out of any failure(s) which is beyond the reasonable control of the Organizer. 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 Challenge including but not limited to any technical failures in the mobile connectivity, delay in sending or receiving the SMS for participating in the Challenge, 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 listener for participation. Organizer shall neither make any alteration in the score/data/records for the challenge played by the Participant nor grant any point for the right answered question or extra benefit for the right answered question will be granted to Participant.
  29. 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, agents, vendors, 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.