Terms and Conditions

94.3 MY FM Paiso Ka Ped Terms & Conditions

PART A – DEFINITIONS

In these rules and regulations, the following terms, to the extent not inconsistent with the context thereof, shall have the following meanings assigned to them herein below:

“The Contest”-The Contest or Paison Ka Ped Season 2 shall mean the activity/contest to be conducted in Chandigarh(India) for Four (4) or if required for more days by 94.3 MY FM. During the course of the Contest, contestant has to stick with an artificial tree for the longest period of time to win it without moving their hand or erring on the task. There will be 6-8 levels which have to be achieved in 4 days and difficulty level will be increased after every level.

“DAYS” - This activity shall be spread over Four (4) days, however number of days may be increased at the discretion of the Company.

“The Company ’’ – shall mean DB Corp Limited (Radio Division), the organiser of the Contest having its corporate office at D-143, Sec-63, Noida-201301, UP.

“The Contestant’’ – shall mean any person who, being eligible to participate in the Contest, participates in the Contest in accordance with the rules and regulations contained herein or amended and/or altered from time to time.

“Prize” – Cash prize of Rs. Five Lakhs shall be awarded to the winner. TDS at applicable rates shall be deducted.

“MY FM 94.3’ –shall mean the FM Radio station operated by the Company under its brand name ‘MY FM’ on various frequencies throughout India.

“Rules and Regulations” shall mean those contained herein and amended and/or altered from time to time.

“Task List” means a separate document entitled “Task List” and contains details of tasks/activity, manner of performing tasks/activity, number and duration of breaks allowed and other details of task/activity to be performed by the Contestant.

“TDS” As per section 194B of the Income Tax Act, 1961, the winner will be required to pay applicable tax at source of the value of any prize be it in cash or kind.

“Costs” All the costs and expenses for collecting the prize, all taxes, insurance, fees and surcharges on the prize are the sole responsibility of the winner unless otherwise stated. COMPANY shall not be liable to any third party for any amount of money in relation to awarding the prize to the winner.

PART B – CONTEST DETAILS:

  1. Dates of Contest:The Contest will be conducted at Chandigarh for Four (4) days. The Company may, if it deems so necessary may extend the duration of the Contest. The Contest will begin on 27th April 2017 and if not extended shall end on 30th April 2017.
  2. Details of Contest : Paiso Ka Ped Season 2 is a contest where a Contestant who sticks with the artificially created tree (Paiso Ka Ped ) for longest duration of time (strictly in accordance with schedule provided in Task list) will win the Prize. The Contestant has to stick with the Paiso Ka Ped for the longest period of time to win it without moving their hand/part of their hand or erring on the task (as specified in the Task List).
    1. There will be 6 to 8 levels which have to be achieved in 3 days.
    2. Difficulty level will be increased after every level.
    3. The Contestant has to place his/her hand/part of hand on the handprint marked on Paiso Ka Ped.
    4. The Contestant shall be allowed breaks as per the Task List.

PART C – GENERAL RULES

  1. Employees of the Company, and any of its subsidiaries/affiliates (and all sub-contractors and agents rendering services in respect of the competition), any sponsor; and members of their immediate family, persons with criminal convictions, minor persons and persons other than Indian nationals or Indian nationals living out of India are ineligible to enter the Contest. Failure on the part of the winner, to provide proof or affidavit of eligibility before the acceptance of the winner announcement, upon request by the Company, may result in disqualification and/or the withholding or withdrawal of the prize.
  2. Persons must enter the Contest on their own behalf and entries by proxy will not be accepted.
  3. Not reporting at the Contest venue on the specified time will result into disqualification.
  4. The Contestant represents that they are in sound state of health physically and emotionally and are capable of carrying out physical activities.
  5. The Contestant authorizes the Company to carry out their medical examination at a hospital (health partner) to be determined by the Company to ascertain their fitness for the activity. The Contestant agrees to abide by medical examination conducted by the Company. The Company reserves its right to eliminate any contestant if the Company and/or its health partner is of the view that there are any health concerns.
  6. Emergency medical facilities from a reputed hospital shall be provided at the venue to meet any medical exigencies.
  7. All Contestants shall be required to execute an agreement/no claims and indemnity bond or sign a form containing terms and conditions as required by the Company before allowing participation in the Contest.
  8. Prize must be accepted by the winner as awarded. Prize is non-exchangeable, non-transferable.
  9. Prize is non-transferable and will only be awarded to the winner. If, due to some circumstances, the prize money becomes unavailable company reserves the right to substitute a prize of equal value and/or cancel the Contest.
  10. The Contestant agrees that decision of the Jury shall be final and binding on them. The Contestant agrees not to challenge the decision of the Jury.
  11. The Contestant agree and undertake that no person in any manner related or interested (including but not limited to parents/guardians/siblings/friends/supporters) in the Contestant shall interfere with the Company’s representatives or jury’s decision or their comment. Any such interference shall result into automatic disqualification.
  12. In the event of any fault, misunderstanding or dispute concerning any part of the Contest including but not limited to the difficulty level of the Contest, decision of the Company shall be final and binding on the Contestants / Winner.
  13. Company reserves the right to cancel, terminate or suspend the activity/Contest with or without any prior notice. For the avoidance of doubt, cancellation, termination or suspension by the Company of the Contest shall not entitle the Contestants to any claim or compensation against the Company for any and all loss or damage suffered or incurred by the participants as a direct or indirect result of the act of cancellation, termination or suspension.
  14. To the fullest extent permitted by law, in no event will the Company or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that Company may engage for purposes of the Contest), be liable for any loss or damages (including without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Contest and/or the Prizes, even if Company has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The contestant shall indemnify, defend, and hold the Company, harmless from any third party claims arising from or related to his/her participation in the activity/Contest. In no event shall Company be liable to the participant for acts or omissions arising out of or related to the Contest or participation in the Contest.
  15. By participating in the Contest, it shall be construed that the Contestant(s) has waived all rights to file in person or through any family member or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Company claiming any damages or reliefs or otherwise.
  16. Notwithstanding anything to the contrary contained in this Terms and Conditions and under any circumstance, for any reason whatsoever, Company shall not be liable for any incidental, ancillary, direct, indirect, special or consequential damages, including, but not limited to injury or death, trauma, exertion whether mental or physical, whether in tort or contract or based on any theory of liability.
  17. Acceptance of the prize constitutes permission to use the winner's name, hometown and likeness for purposes of advertising, promotion or publicity in any media without additional compensation and prize winners agree to take part in such related promotional activities as company may require.
  18. All Contestants shall maintain the decorum of the venue and shall abide by the rules and regulations thereof. Further, the instructions of the Company shall be adhered to strictly. Any Contestant who acts in contravention to the instructions of the Company or creating nuisance either to the Company or the other Contestants shall immediately be disqualified from participating and shall be escorted outside the venue.
  19. The Company may in its sole discretion exclude a Contestant from participation in the Contest, including without limitation for the following reasons (I) circumstances which, in the Company’s view, renders the Contestant unfit to participate therein; (ii) inability to produce documentation specified by the Company proving the identity of the contestant; and (iii) any other reasons that the company consider reasonable.
  20. The Company may refuse to award - or reclaim any prize awarded to any Winner in the event of winner’s fraud, misrepresentation, dishonesty or non-entitlement to participate in the Contest under the rules and regulations contained herein or amended and/or altered from time to time or failure to accept the terms and conditions hereof.
  21. The Company reserves its right to amend and/or alter these rules and regulations or terminate the Contest at any time, without assigning any reason, and/or without giving any notice to any contestants.
  22. All the Contestants shall abide by the rules and regulations contained herein or amended and/or altered from time to time.
  23. If the operation of the Contest is prevented by an event of force majeure, the Company may cancel all or any part of the Contest and will not be liable to anyone for the same in any manner whatsoever.
  24. Whilst the Company shall make all reasonable efforts, there is no obligation on the part of the Company to air the announcement of the winner on the radio. The Company reserves the right to disqualify the Contestant at any point in time, if the Contestant is found suffering from medical problems, unstable mental condition or any such reasons at the discretion of the Company.
  25. The Contestant agrees and undertakes that he/she shall immediately inform the Company’s representatives about any health related symptom observed during their participation in the Contest and shall immediately withdraw themselves from the Contest.
  26. The Company with regard to the Contest will not entertain any correspondence of whatsoever nature, either from the Contestants or Winner.
  27. The Company reserves its right to make amendments to the existing rules and regulations without prior notice, which shall be binding on the Contestant / Winner, as the case may be.
  28. Non-conformation to comply with the rules and regulations contained herein and/or amended or altered from time to time, by any Contestant and/or the winner, the Company shall be entitled to disqualify them from participation or receiving Prize as the case may be.
  29. By participating in this Contest, the Contestants shall be considered having read and understood all rules of this Contest, and agreed to the same without any condition.
  30. The contest shall be governed by and construed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the contest and, or, pertaining to the rules and regulations and, or, the Terms and Conditions shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed by the Company. The venue of arbitration shall be New Delhi.

TERMS AND CONDITIONS

  1. This contest is brought to you by DB Corp. Ltd. - Radio Division (DB Corp. Ltd. - Radio Division)
  2. DB Corp. Ltd. - Radio Division decision in relation to selection of prize winner(s) is final and non- contestable and no correspondence will be entertained.
  3. In the event of any dispute regarding the rules, conduct or the results of a competition the decision of DB Corp. Ltd. - Radio Division will be final.
  4. DB Corp. Ltd. - Radio Division competitions are not open to staff of DB Corp. Ltd. - Radio Division, their immediate family members or associated companies including (but not limited to) the competition promotional partner(s).
  5. Unless otherwise stated, competition entrants must be over 18 years old.
  6. Prizes are non-transferable and will only be awarded to the winner.
  7. No alternative will be awarded in lieu of stated prize(s) unless DB Corp. Ltd. - Radio Division decides so.
  8. Emergency medical facilities from a reputed hospital shall be provided at the venue to meet any medical exigencies
  9. Not reporting at the Contest venue on the specified time shall result into automatic disqualification.
  10. Any kind of interference in the Contest by the Contestant or anyone interested in the Contestant shall result into automatic disqualification.
  11. DB Corp. Ltd. - Radio Division shall not be responsible in any manner for any fault/complaint in the Prize.
  12. If, due to circumstances beyond its control, a prize becomes unavailable DB Corp. - Radio Division and/or the promoter(s) reserves the right to substitute a prize of equal value.
  13. Use of a false name or address or incomplete details or forms by a competition entrant will disqualify them from receiving any prize.
  14. DB Corp. Ltd. - Radio Division and/or the promoter(s) will endeavour to deliver all prizes within ----- days of winning. Where this is not possible the winner(s) will be notified of a delay.
  15. All the costs and expenses for collecting the prize, all taxes including TDS, insurance, fees and surcharges on any prize are the sole responsibility of the winner unless otherwise stated.
  16. By Participation in the Contest and/or acceptance of the prize constitutes permission to use the relevant winner's name, photograph, hometown and likeness for purposes of advertising, promotion or publicity in any media without additional compensation and prize winners agree to take part in such related promotional activities as DB Corp. Ltd. - Radio Division and/or the promoter(s) may require.
  17. Prizes not claimed within one month of declaration will be deemed to have been forfeited and DB Corp. - Radio Division may dispose of such prizes without any liability to the winner.
  18. The Contest is valid subject to the winner complying with all terms, conditions and/or formalities as required by DB Corp. Ltd. - Radio Division. Any failure on the part of the Contestant to comply with the any specified term, condition and/or formality shall render the Contestant liable for disqualification at the sole discretion of DB Corp. Ltd. - Radio Division.
  19. At times, DB Corp. Ltd. - Radio Division may hold contests sponsored by a third party. In such cases, DB Corp. - Radio Division is just a medium to bring to participants the product. Responsibility for the quality and condition of the prizes/gift would be of the Brand only. Once the contest is over, DB Corp. Ltd. - Radio Division will intimate the winner through registered post. Winner can collect his win from the showroom by showing that winning intimation.
  20. To the fullest extent permitted by law, in no event will DB Corp. Ltd. - Radio Division or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that DB Corp. Ltd. - Radio Division may engage for purposes of the Contest), be liable for any loss or damages (including without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Contest and/or the Prizes, even if DB Corp. Ltd. - Radio Division has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The participant shall indemnify, defend, and hold DB Corp. Ltd. - Radio Division, harmless from any third party claims arising from or related to his/her participation in the Contest. The Contestant also agrees to indemnify DBCL with respect to any misrepresentation made by them. In no event shall DB Corp. - Radio Division be liable to the participant for acts or omissions arising out of or related to the Contest or participation in the Contest.
  21. LIMITATION OF LIABILITY: Notwithstanding anything to the contrary contained in this Terms and Conditions and under any circumstance, for any reason whatsoever, DB Corp. - Radio Division shall not be liable for any incidental, ancillary, direct, indirect, special or consequential damages, including, but not limited to injury or death, whether in tort or contract or based on any theory of liability.
  22. DB Corp. Ltd. - Radio Division shall not be liable for any default in respect of the Contest due to any act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, storm or any event beyond the reasonable control of DB Corp. Ltd. - Radio Division.
  23. DB Corp. - Radio Division reserves the right at its sole and absolute discretion to vary, delete or add to any of these Terms and Conditions from time to time without prior notice. These Terms and Conditions may be modified, added to, deleted or varied by DB Corp. Ltd. - Radio Division by way of posting on their website, or in any other manner deemed suitable by DB Corp. Ltd. - Radio Division. The Participants agree to access the Website at regular intervals of time to view these Terms and Conditions and to ensure that they are kept up-to-date with any changes or variations to these Terms and Conditions. The participants agree that participation in the Contest shall constitute their acceptance of these Terms and Conditions (as modified and varied from time to time). These Terms and Conditions prevail over any provisions or representations contained in any brochure or other promotional materials advertising the Contest.
  24. DB Corp. Ltd. - Radio Division reserves the right to cancel, terminate or suspend the Contest with or without any prior notice. For the avoidance of doubt, cancellation, termination or suspension by DB Corp. Ltd.- Radio Division of the Contest shall not entitle the participants to any claim or compensation against DB Corp. Ltd. - Radio Division for any and all loss or damage suffered or incurred by the participants as a direct or indirect result of the act of cancellation, termination or suspension.
  25. By participating in this Contest, the participants hereby expressly agree to be bound by these Terms and Conditions, the decisions in the Contest and the Contestant hereby give their consent to and authorize DB Corp. Ltd.- Radio Division to disclose their particulars to any third party service providers engaged by DB Corp. Ltd.- Radio Division for the purposes of the Contest.
  26. The Contest and the rules thereof shall be governed and construed in accordance with Indian Law and any disputes or differences arising in respect of the Contest shall be subjected to the competent courts in New Delhi only.