Terms and Conditions for the Sony Music Competition (hereinafter referred SONY MUSIC COMPETITION ):

Transcription

1 Terms and Conditions for the Sony Music Competition (hereinafter referred SONY MUSIC COMPETITION ): The SONY MUSIC COMPETITION is organized by Sony Music Entertainment India Private Limited (hereinafter referred to as the Organizer ) in association with Vodafone Essar Limited, Vodafone Essar Mobile Services Limited, Vodafone Essar South Limited, Vodafone Essar Gujarat Limited, Vodafone Essar East Limited, Vodafone Essar Digilink Limited, Vodafone Essar Cellular Limited, Vodafone Essar Spacetel Limited (hereinafter collectively referred to as Vodafone ) in all the Vodafone s telecom Circle in India for valid prepaid and postpaid cellular mobile subscribers (hereinafter referred to as Subscribers ) of Vodafone; subject to the terms and conditions of SONY MUSIC COMPETITION. Duration of SONY MUSIC COMPETITION: From 12 TH September, 2011(00 hours) to 26 th September, 2011(2400 hours) (both days inclusive) ( Term of the Competition ). SONY MUSIC COMPETITION will be available subject to the following terms and conditions (hereinafter referred to as Terms ). The subscribers agree to abide by these Terms & conditions in its entirety. If any subscriber does not agree to any of the Terms, such subscriber shall not participate in SONY MUSIC COMPETITION. Vodafone and/ or Organiser, reserve the right to modify the Terms at any time, without notice. SONY MUSIC COMPETITION is valid for pre-paid as well as post-paid subscribers ( Subscribers ) of Vodafone. 2. To participate in the SONY MUSIC COMPETITION, the subscriber shall have to subscribe for Caller Ring Back Tone (CRBT) and thereafter, answer a series of multiple-choice questions through SMS. Each correct answer fetches the subscriber one point. The participating Subscribers answering the maximum number of questions in the shortest possible time during the Term of the Competition shall be eligible to be selected as the winner. 3. If the winner is not able to provide sufficient evidence to show that he/she is the rightful & genuine subscriber of the Vodafone Mobile connection, Organiser and / or Vodafone, reserves the right to award the Prize (defined below) to the next eligible winner or to forfeit the prize, at its/their sole discretion. 4. The Winning Participants shall be eligible to win one of the following Prizes 1 st Prize: ipad2: Two Weekly National Winners will be selected after the completion of SONY MUSIC COMPETITION who will be awarded with one ipad2 each. 2 nd Prize: ipod Touch: 15 National Daily Winners will be selected after the completion of SONY MUSIC COMPETITION who will be awarded with one ipod touch each.

2 The Value and make of the Prizes shall be mutually decided by Organiser and Vodafone, at their sole discretion and the same shall be final. For the purpose of clarification and avoidance of doubt, Prize does not include any personal expenses incurred by the winner and the winner shall be solely responsible for all the expenses whether additional or incidental, required to be incurred to avail his/her winning Prize. 5. SONY MUSIC COMPETITION is valid only for Vodafone Subscribers who are: (i) (ii) (iii) (iv) (v) eighteen (18) years of age or above; Active and existing Subscribers; Neither prosecuted nor convicted for committing any criminal offence or abetment thereof; Not suffering from any legal disability e.g. insolvency, restraint by court etc; Not have any outstanding dues payable to Vodafone on account of the mobile connection. 6. Employees and relatives of Sony Music, One97, Onmobile and Vodafone will not be eligible to participate in SONY MUSIC COMPETITION. 7. To participate in SONY MUSIC COMPETITION, the Subscriber agrees to subscribe for Sony Music s Caller Ring Back Tone (CRBT) single songs or shuffles. 8. WINNER SELECTION: A. ipad2 Prize 1. The selection for the winners of the prize of ipad2 shall take place within 7 (Seven) days from the date of end of the Competition. The subscribers with the maximum number of points during the week would be declared as Winners by an Auditor appointed by the Organiser. 2. All the Winners shall be chosen by Sony Music and / or Vodafone and decision of Sony Music and / or Vodafone shall be final and binding. 3. All the participating Subscribers agree to subscribe to any of the CRBT single songs or shuffles of SONY MUSIC will be considered for the draw & subscriber with maximum correct answers will be declared a winner. 4. No Subscriber can win the weekly prize more than once.

3 5. Subscriber who has already won a daily prize shall also be eligible for the weekly Prize. B. ipod Touch Prize 1. The selection for the winners of the prize of ipod Touch shall take place within 7 (Seven) days from the date of end of the Competition. The subscribers with the maximum number of points for the day would be declared as Winners by an Auditor appointed by the Organiser. 2. All the Winners shall be chosen by Sony Music and / or Vodafone and decision of Sony Music and / or Vodafone shall be final and shall not be subject to challenge under any circumstances. 3. All the participating Subscribers who have subscribed to any of the CRBT single songs or shuffles of SONY MUSIC will be considered for the draw & subscriber with maximum correct answers will be declared winner. 4. No Subscriber can win the daily prize more than once. 5. Subscriber who wins a daily prize shall also be eligible for the weekly prize. D. In the event, if Winners are unable to submit the required documents to avail the Prizes, Organiser shall shortlist more Winners for each Prize, who will be offered the Prizes subject to submission of all the required documents. E. Winner will be informed immediately after the selection of the winners by the Organiser about their winning of Prizes. 9. The documents required to be submitted along with the claim by the winner shall include the following (the document list is only inclusive and not exhaustive) and organizers, at their sole discretion may insist on such further proof as it may deem fit: a. Identity Proof b. Address Proof c. Letter of Compliance with rules and regulations etc. in the manner prescribed. d. Submission of acknowledgement letter (as per the format that shall be provided by Organizer) on receipt of the Prize(s)

4 e. Pan Card copy If the Winners are unable to provide the required documents, the Prizes shall be offered to next shortlisted Participants. 10. No substitution or exchange of the Prize shall be allowed. 11. However, the Organizer reserve the right to substitute and/ or change the Terms and/ or Prize, without any prior intimation or notice to the participants and/ or winner as the case may be. 12. The Organizer & Vodafone shall not be liable for any delay or loss that may accrue in the delivery of the Prize. 13. Organiser shall provide the Prizes to the winner, to the concerned authorized Person of the Vodafone Telecom Service Area in the Circle from which the Winner is chosen within 7 days from the date of draw. However, the Winners shall personally come to the organizer s circle office to claim the Prizes within 15 days from the date of draw and the winners shall be solely liable to bear any cost that may be incurred by him / her, in collecting / availing the prize. All persons shall be entitled to participate in the SONY MUSIC COMPETITION. If, in any State and/or territory or part thereof, the running of the SONY MUSIC COMPETITION is prohibited, the Subscribers from such State and/or territory or part thereof shall not be eligible to participate in the same. No further notice shall be given by the Organisers, in this regard. 14. SONY MUSIC COMPETITION is valid subject to the winner complying with all Terms and Conditions contained herein, as required by the Organizer. Any failure on the part of the participant to comply with the any specified Terms & conditions contained herein, shall disqualify such participant. 15. SONY MUSIC COMPETITION is subject to applicable laws and guidelines/ directions issued by Telecom Regulatory Authority of India ( TRAI ), Department of Telecom (DOT) or any other statutory authority from time to time. 16. Organizer reserves the right to extend, cancel, discontinue, prematurely withdraw, postpone, change, alter or modify SONY MUSIC COMPETITION or any part thereof including the eligibility criteria at its sole discretion at anytime during it s validity as may be required in view of business exigencies and/or changes by TRAI, Department of Telecom (DOT) and/or statutory changes and the same shall be binding on the participant.

5 17. The existence of a dispute, if any, regarding the Prize shall not constitute any claim against Vodafone or Sony Music. 18. In matters relating to SONY MUSIC COMPETITION hereto, the decision of organizer shall be final and binding in all respects. 19. SONY MUSIC COMPETITION is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Organizer. Organizer & Vodafone shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure. 20. Organizer & Vodafone shall not be responsible for any SMS message delivery failures, for any lost, late or misdirected network, electronic failures of any kind or any failure to receive entries owing to transmission failures or due to any technical reasons and/or other conditions beyond its reasonable control. 21. The Prizes are non-transferable, non-negotiable, subject to availability and there will be no cash alternative. Organizer reserve the right to substitute Prizes of equal or greater value, at any time. 22. The Organizer and Vodafone are neither responsible nor guarantee the quality of the goods / services being provided as prizes nor is it liable for any defect or deficiency of goods or services so obtained/availed, by the subscribers under SONY MUSIC COMPETITION. 23. There shall be no roll-over of prizes in case the winner/s is/are not eligible. A subscriber shall not be considered eligible if he/she does not conform to the Terms and conditions as stipulated above. 24. Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time to time, arising out of free Prize, which shall be solely borne by the Organiser for the all Prizes. 25. The Organiser will be requisitioned to pay for the TDS (Tax Deducted at Source) applicable for all Prizes on winners behalf.

6 26. Organizer will not be liable for any damage or loss (including but not limited to indirect or consequential loss) arising from personal injury or death, or damage to property, which is suffered or sustained in connection with SONY MUSIC COMPETITION. 27. Winners shall be intimated by the Organizer directly. Organizer shall not entertain any questions, correspondence, enquiries on the manner of conducting SONY MUSIC COMPETITION and grant of Prizes from any person, whatsoever. 28. Apart from the entitlement to the Prize, the Winner or his/her legal heirs will have no other rights or claims against the Organizer and / or Vodafone. 29. In case of any dispute or difference in respect of this Competition, the decision of Organizer shall be final and binding on all concerned. 30. These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of courts in Mumbai. 31. If, in Circle of Vodafone in India and/or territory or part thereof, the running of SONY MUSIC COMPETITION is prohibited, the Subscribers from such Circle and/or territory or part thereof shall not be eligible to participate in SONY MUSIC COMPETITION. No further notice shall be given by the Organizer, in this regard. 32. Participation in SONY MUSIC COMPETITION implies acceptance of all the terms and conditions of SONY MUSIC COMPETITION. Acceptance of the Prize by the Winner constitutes permission for the Organizer and its affiliates to click photographs of the Winner and use the Winner's name, photographs, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any additional compensation whatsoever. List of Telecom Service Areas (including list of Circles for which entries from participants shall be considered for the SONY MUSIC COMPETITION) Name of the Vodafone Essar Entity Respective Circles in which they operate Circles for which entries from participants shall be considered for the VBBLC ( / No) Vodafone Essar Limited Mumbai Vodafone Essar Mobile Services Limited Delhi

7 Name of the Vodafone Essar Entity Respective Circles in which they operate Circles for which entries from participants shall be considered for the VBBLC ( / No) Vodafone Essar East Ltd Kolkata Vodafone Essar Gujarat Ltd Vodafone Essar South Ltd Vodafone Essar Digilink Ltd Vodafone Essar Cellular Limited Vodafone Essar Spacetel Ltd Gujarat Karnataka Andhra Pradesh Chennai UP (West) Punjab West Bengal Rajasthan Haryana UP (East) Maharashtra & Goa Kerala Tamil Nadu Bihar Himachal Pradesh Jammu and Kashmir Orissa Assam North East Madhya Pradesh No No No

8 Terms and Conditions for the Sony Music Competition (hereinafter referred SONY MUSIC COMPETITION ): The SONY MUSIC COMPETITION is organized by Sony Music Entertainment India Private Limited (hereinafter referred to as the Organizer ) in association with Vodafone Essar Limited, Vodafone Essar Mobile Services Limited, Vodafone Essar South Limited, Vodafone Essar Gujarat Limited, Vodafone Essar East Limited, Vodafone Essar Digilink Limited, Vodafone Essar Cellular Limited, Vodafone Essar Spacetel Limited (hereinafter collectively referred to as Vodafone ) in all the Vodafone s telecom Circle in India for valid prepaid and postpaid cellular mobile subscribers (hereinafter referred to as Subscribers ) of Vodafone; subject to the terms and conditions of SONY MUSIC COMPETITION. Duration of SONY MUSIC COMPETITION: From 27 th September, 2011(00 Hrs) to 26 th October, 2011 (24.00 hrs) (both days inclusive) ( Term of the Competition ). SONY MUSIC COMPETITION will be available subject to the following terms and conditions (hereinafter referred to as Terms ). The subscribers agree to abide by these Terms & conditions in its entirety. If any subscriber does not agree to any of the Terms, such subscriber shall not participate in SONY MUSIC COMPETITION. Vodafone and/ or Organiser, reserve the right to modify the Terms at any time, without notice. SONY MUSIC COMPETITION is valid for pre-paid as well as post-paid subscribers ( Subscribers ) of Vodafone. 2. To participate in the SONY MUSIC COMPETITION, the subscriber shall have to subscribe for Caller Ring Back Tone (CRBT) and thereafter, answer a series of 100 multiple-choice questions through SMS. Each Subscriber shall be eligible to send a maximum of 100 SMS s per day as per the TRAI Regulation. Each correct answer fetches the subscriber one point. The participating Subscribers answering the maximum number of questions correctly in the shortest possible time during the Term of the Competition shall be eligible to be selected as the winner. 3. If the winner is not able to provide sufficient evidence to show that he/she is the rightful & genuine subscriber of the Vodafone Mobile connection, Organiser and / or Vodafone, reserves the right to award the Prize (defined below) to the next eligible winner or to forfeit the prize, at its/their sole discretion. 4. The Winning Participants shall be eligible to win one of the following Prizes Grand Prize SONY LED TV s: Three Grand Prize winners will be selected nationally, after completion of SONY MUSIC COMPETITION. The three selected winning Participants shall be awarded one LED TV each. 2 nd Prize: ipad2: Four Weekly National Winners will be selected after the completion of SONY MUSIC COMPETITION who will be awarded with one ipad2 each.

9 3 rd Prize: ipod Touch: 30 National Daily Winners will be selected after the completion of SONY MUSIC COMPETITION who will be awarded with one ipod touch each. The Value and make of the Prizes shall be mutually decided by Organiser and Vodafone, at their sole discretion and the same shall be final. For the purpose of clarification and avoidance of doubt, Prize does not include any personal expenses incurred by the winner and the winner shall be solely responsible for all the expenses whether additional or incidental, required to be incurred to avail his/her winning Prize. 5. SONY MUSIC COMPETITION is valid only for Vodafone Subscribers who are: (i) (ii) (iii) (iv) (v) eighteen (18) years of age or above; Active and existing Subscribers; Neither prosecuted nor convicted for committing any criminal offence or abetment thereof; Not suffering from any legal disability e.g. insolvency, restraint by court etc; Not have any outstanding dues payable to Vodafone on account of the mobile connection. 6. Employees and relatives of Sony Music, One97, Onmobile and Vodafone will not be eligible to participate in SONY MUSIC COMPETITION. 7. To participate in SONY MUSIC COMPETITION, the Subscriber agrees to subscribe for Sony Music s Caller Ring Back Tone (CRBT) single songs or shuffles. 8. WINNER SELECTION: A. Grand Prize 1. The selection of the winners of the three Grand prize of SONY LED TV s, shall take place within 7 (Seven) business days from the date of closure of the Competition. The subscribers with the maximum correct answers in the shortest possible time during the tenure of the Competition would be declared as Winners by an Auditor appointed by the Organiser. 2. All the Winners shall be chosen by Sony Music and / or Vodafone and decision of Sony Music and / or Vodafone shall be final and binding & shall be binding on the Subscribers.

10 3. All the participants who have subscribed to any of the CRBT single songs or shuffles of SONY MUSIC during the Term of the Competition shall be considered for the draw & subscriber with maximum correct answers in the shortest possible time will be eligible to be declared a winner. 4. Only three independent winners of all the eligible Participants shall be considered for the Grand Prize. 5. Subscriber who has already won a weekly prize or daily prize shall also be eligible for this Prize. B. ipad2 Prize 1. The selection for the winners of the prize of ipad2 shall take place within 7 (Seven) days from the date of end of the Competition. The subscribers with the maximum correct answers in the shortest possible time during the tenure of the Competition would be declared as Winners by an Auditor appointed by the Organiser. 2. All the Winners shall be chosen by Sony Music and / or Vodafone and decision of Sony Music and / or Vodafone shall be final and binding. 3. All the participating Subscribers agree to subscribe to any of the CRBT single songs or shuffles of SONY MUSIC will be considered eligible for the Competition & subscriber with maximum correct answers in the Shortest possible time, will be declared a winner. 4. No Subscriber can win the weekly prize more than once. 5. Subscriber who has already won a daily prize shall also be eligible for the weekly Prize. 6. Subscriber who wins a weekly prize shall also be eligible for the grand prize C. ipod Touch Prize 1. The selection for the winners of the prize of ipod Touch shall take place within 7 (Seven) days from the date of end of the Competition. The subscribers with the maximum correct answers in the shortest possible time during the tenure of the Competition would be declared as Winners by an Auditor appointed by the Organiser.

11 2. All the Winners shall be chosen by Sony Music and / or Vodafone and decision of Sony Music and / or Vodafone shall be final and shall not be subject to challenge under any circumstances. 3. All the participating Subscribers who have subscribed to any of the CRBT single songs or shuffles of SONY MUSIC will be considered eligible for the Competition & subscriber with maximum correct answers in the Shortest possible time, will be declared a winner. 4. No Subscriber can win the daily prize more than once. 5. Subscriber who wins a daily prize shall also be eligible for the weekly prize and grand prize. D. In the event, if Winners are unable to submit the required documents to avail the Prizes, Organiser shall shortlist more Winners for each Prize, who will be offered the Prizes subject to submission of all the required documents. E. Winner will be informed immediately after the selection of the winners by the Organiser about their winning of Prizes. 9. The documents required to be submitted along with the claim by the winner shall include the following (the document list is only inclusive and not exhaustive) and organizers, at their sole discretion may insist on such further proof as it may deem fit: a. Identity Proof b. Address Proof c. Letter of Compliance with rules and regulations etc. in the manner prescribed. d. Submission of acknowledgement letter (as per the format that shall be provided by Organizer) on receipt of the Prize(s) e. Pan Card copy If the Winners are unable to provide the required documents, the Prizes shall be offered to next shortlisted Participants. 10. No substitution or exchange of the Prize shall be allowed. 11. However, the Organizer reserve the right to substitute and/ or change the Terms and/ or Prize, without any prior intimation or notice to the participants and/ or winner as the case may be.

12 12. The Organizer & Vodafone shall not be liable for any delay or loss that may accrue in the delivery of the Prize. 13. Organiser shall provide the Prizes to the winner, to the concerned authorized Person of the Vodafone Telecom Service Area in the Circle from which the Winner is chosen within 7 days from the date of draw. However, the Winners shall personally come to the organizer s circle office to claim the Prizes within 15 days from the date of draw and the winners shall be solely liable to bear any cost that may be incurred by him / her, in collecting / availing the prize. All persons shall be entitled to participate in the SONY MUSIC COMPETITION. If, in any State and/or territory or part thereof, the running of the SONY MUSIC COMPETITION is prohibited, the Subscribers from such State and/or territory or part thereof shall not be eligible to participate in the same. No further notice shall be given by the Organisers, in this regard. 14. SONY MUSIC COMPETITION is valid subject to the winner complying with all Terms and Conditions contained herein, as required by the Organizer. Any failure on the part of the participant to comply with the any specified Terms & conditions contained herein, shall disqualify such participant. 15. SONY MUSIC COMPETITION is subject to applicable laws and guidelines/ directions issued by Telecom Regulatory Authority of India ( TRAI ), Department of Telecom (DOT) or any other statutory authority from time to time. 16. Organizer reserves the right to extend, cancel, discontinue, prematurely withdraw, postpone, change, alter or modify SONY MUSIC COMPETITION or any part thereof including the eligibility criteria at its sole discretion at anytime during it s validity as may be required in view of business exigencies and/or changes by TRAI, Department of Telecom (DOT) and/or statutory changes and the same shall be binding on the participant. 17. The existence of a dispute, if any, regarding the Prize shall not constitute any claim against Vodafone or Sony Music. 18. In matters relating to SONY MUSIC COMPETITION hereto, the decision of organizer shall be final and binding in all respects.

13 19. SONY MUSIC COMPETITION is subject to force majeure circumstances i.e. Act of God or any circumstance beyond the reasonable control of Organizer. Organizer & Vodafone shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control. Such circumstances shall include, but not be limited to, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure. 20. Organizer & Vodafone shall not be responsible for any SMS message delivery failures, for any lost, late or misdirected network, electronic failures of any kind or any failure to receive entries owing to transmission failures or due to any technical reasons and/or other conditions beyond its reasonable control. 21. The Prizes are non-transferable, non-negotiable, subject to availability and there will be no cash alternative. Organizer reserve the right to substitute Prizes of equal or greater value, at any time. 22. The Organizer and Vodafone are neither responsible nor guarantee the quality of the goods / services being provided as prizes nor is it liable for any defect or deficiency of goods or services so obtained/availed, by the subscribers under SONY MUSIC COMPETITION. 23. There shall be no roll-over of prizes in case the winner/s is/are not eligible. A subscriber shall not be considered eligible if he/she does not conform to the Terms and conditions as stipulated above. 24. Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time to time, arising out of free Prize, which shall be solely borne by the Organiser for the all Prizes. 25. The Organiser will be requisitioned to pay for the TDS (Tax Deducted at Source) applicable for all Prizes on winners behalf. 26. Organizer will not be liable for any damage or loss (including but not limited to indirect or consequential loss) arising from personal injury or death, or damage to property, which is suffered or sustained in connection with SONY MUSIC COMPETITION. 27. Winners shall be intimated by the Organizer directly. Organizer shall not entertain any questions, correspondence, enquiries on the manner of conducting SONY MUSIC COMPETITION and grant of Prizes from any person, whatsoever.

14 28. Apart from the entitlement to the Prize, the Winner or his/her legal heirs will have no other rights or claims against the Organizer and / or Vodafone. 29. In case of any dispute or difference in respect of this Competition, the decision of Organizer shall be final and binding on all concerned. 30. These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of courts in Mumbai. 31. If, in Circle of Vodafone in India and/or territory or part thereof, the running of SONY MUSIC COMPETITION is prohibited, the Subscribers from such Circle and/or territory or part thereof shall not be eligible to participate in SONY MUSIC COMPETITION. No further notice shall be given by the Organizer, in this regard. 32. Participation in SONY MUSIC COMPETITION implies acceptance of all the terms and conditions of SONY MUSIC COMPETITION. Acceptance of the Prize by the Winner constitutes permission for the Organizer and its affiliates to click photographs of the Winner and use the Winner's name, photographs, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any additional compensation whatsoever. List of Telecom Service Areas (including list of Circles for which entries from participants shall be considered for the SONY MUSIC COMPETITION) Name of the Vodafone Essar Entity Respective Circles in which they operate Circles for which entries from participants shall be considered for the VBBLC ( / No) Vodafone Essar Limited Mumbai Vodafone Essar Mobile Services Limited Delhi Vodafone Essar East Ltd Kolkata Vodafone Essar Gujarat Ltd Vodafone Essar South Ltd Gujarat Karnataka Andhra Pradesh

15 Name of the Vodafone Essar Entity Vodafone Essar Digilink Ltd Vodafone Essar Cellular Limited Vodafone Essar Spacetel Ltd Respective Circles in which they operate Chennai UP (West) Punjab West Bengal Rajasthan Haryana UP (East) Maharashtra & Goa Kerala Tamil Nadu Bihar Himachal Pradesh Jammu and Kashmir Orissa Assam North East Madhya Pradesh Circles for which entries from participants shall be considered for the VBBLC ( / No) No No No