94.3 MY FM Baarh Gaane Nahi Toh Baarah Lakh Term & 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” - shall mean the activity/contest to be conducted from 08.00 am to 08.00 pm on 12-Dec-2012 on 94.3 MY FM. During the course of the Contest, 12 (twelve) songs shall be played every hour (i.e. 60 mins) and any listener (“contestant”) who reports to THE COMPANY less number of songs (i.e. less than 12 (twelve) songs) played in any particular hour during the activity shall be awarded INR 12 (twelve) Lakhs only. The Contestants shall submit their report through the Call-in Options provided by the Company.

“HOUR” - Such hour shall be counted from a standard clock and only a period of 60 minutes starting from the first minute of any hour till the 60th minute shall complete an hour for the purpose of this Contest. It is more particularly described in the example below;

E.g.

as between 8.00 am to 9.00 am, an hour, for the purpose of this Contest, shall start from 8.00 am only and not after or before 8.00 am. Such hour shall not be started from 7.58 am or 7.59 am or 8.01 am or 8.02 am etc.

“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” – The winner can win prize in the form of cash or kind

“MY FM 94.3’ – shall mean the FM Radio station operated by the Company on 94.3 FM frequency.

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

“Call In Options’’- shall mean the short messaging service (SMS) on short code number 53636 between 08.00 am to 08.00 pm on 12-Dec-2012, while the Contest is being held.

PART B – ENTRY AND SELECTION IN THE CONTEST

a) Entry to the Contest shall be only through the Contestants sending in text message “MY(city code) BAARA ACTUAL NO OF SONGS PLAYED” to SMS Short Code Number 53636 sent between 08:00 am to 08:00 pm on 12.12.12 while the Contest is being held.

b) All the call-ins received during the Contest shall be reviewed, and the list of all the contestants who have sent their call-ins shall be mechanically generated and fed into a computerised random selection process.

c) Only one entry shall be randomly chosen from all the correct reports received through Call-in Options. During the term of the Contest only one contestant shall be selected on compliance of all the terms mentioned herein.

d) The selected entry shall be contacted for the following details;

  1. Total number of songs actually played
  2. The particular hour in which such songs were played
  3. Songs details (i.e. name of the song etc)
  4. Particular order of the songs on which they were played during the concerned hour.
  5. Personal details of the contestants: Name, age, father’s name, address, e-mail, contact no etc.

e) The Company shall attempt to contact the selected contestant on the telephone number through which the call-ins were sent at the time of submitting his/her entry in the Contest, in order to confirm the above said details, his/her acceptance of these rules and regulations and willingness to bear any liability that may accrue to him/her. Attempts will be made to contact the selected contestant successively within a period of 24 hours after the Contest for the day and in the event the selected contestant cannot be contacted on the given telephone number, or failure of the selected contestant to provide all the details mentioned herein, non-acceptance of the selected contestant to adhere/comply to the rules and regulations of the Contest, the said selected contestant will be disqualified and the contest shall be deemed as closed.

f) The Company is not responsible for any delays or failure in receipt of delivery of the SMS to 53636 of any entries submitted by any Contestant through any means whatsoever.

g) Upon successful contacting of the selected contestant and the said selected contestant confirming all the details, and his / her acceptance of these terms and conditions on the given date, the said selected contestant shall be considered as winner of the contest.

h) the Winner shall be required to attend the office of the Company’s concerned radio station, within 10 working days from the date he/she was contacted by the Company’s representative, to sign declaration and submit his/her passport size photograph, PAN Card details as well as residential proof and proof of identity. In absence of any of the above mentioned documents, the company reserves its right to disqualify the winner from receiving the prize money. The addresses of Company’s concerned offices are mentioned on Company’s website.

i) As per section 194B of the Income Tax Act, 1961, the winner will be required to pay 33.9% tax at source of the value of any prize be it in cash or kind. 16. All the costs and expenses for collecting the prize, all taxes, insurance, fees and surcharges on any 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 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. The Contestant cannot be a minor.
  4. All entries must be received by Company in the required format within the contest duration. Neither Company nor its affiliated entities are responsible for printing or typographical errors in any materials relating to Company promotions; fraudulent, lost, late, misdirected, incomplete or altered entries; or entries which are processed late or incorrectly or are lost due to computer or other technical malfunction.
  5. Prizes are 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.
  6. 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.
  7. 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.
  8. 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, whether in tort or contract or based on any theory of liability. Winner specifically agrees that in the event an arbitrator or a court of competent jurisdiction finds Company to be so liable, Company liability is limited to Rs. 2,000 (Rupees Two Thousand only), to the Winner cumulatively for all actions/ breaches/ claims.
  9. 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.
  10. Company shall have the right to shorten the length of the songs to be aired during the contest and shall not entertain any objection regarding the same from any contestants or any third party.
  11. 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.
  12. 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.
  13. In the event of any fault, misunderstanding or dispute concerning any part of the contest and/or the operation of the SMS system or the validity of any answer, the decision of the Company shall be final and binding on the Contestants / Winner.
  14. 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.
  15. All the Contestants shall abide by the rules and regulations contained herein or amended and/or altered from time to time.
  16. If the operation of the Contest (including without limitation the operation of the telephone/SMS system; the recording; broadcast etc.) of any/all the shows 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.
  17. 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.
  18. The Company makes no guarantee in respect of the consistency or quality of the telephone / SMS systems for participating in the Contest.
  19. 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.
  20. The Company with regard to the Contest will not entertain any correspondence of whatsoever nature, either from the Contestants or Winner.
  21. 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.
  22. 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.
  23. 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.
  24. 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. - Radio Division (DB Corp. - Radio Division)

2.DB Corp. - Radio Division decision in relation to selection of prize winner(s) is final and no correspondence will be entered into.

3.In the event of any dispute regarding the rules, conduct or the results of a competition the decision of DB Corp. - Radio Division will be final.

4.DB Corp. - Radio Division competitions are not open to staff of DB Corp. - 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. - Radio Division decides so.

8.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.

9.Use of a false name or address or incomplete details or forms by a competition entrant will disqualify them from receiving any prize.

10.DB Corp. - 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.

11.All the costs and expenses for collecting the prize, all taxes, insurance, fees and surcharges on any prize are the sole responsibility of the winner unless otherwise stated.

12.Acceptance of the prize constitutes permission to use the relevant 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 DB Corp. - Radio Division and/or the promoter(s) may require.

13.All competition entries must be received by DB Corp. - Radio Division in the required format before the advertised closing date. Neither DB Corp. - Radio Division nor its affiliated entities are responsible for printing or typographical errors in any materials relating to DB Corp. - Radio Division promotions; fraudulent, lost, late, misdirected, incomplete or altered entries; or entries which are processed late or incorrectly or are lost due to computer or other technical malfunction.

14.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.

15.The Contest is valid subject to the winner complying with all terms, conditions and/or formalities as required by DB Corp. - Radio Division. Any failure on the part of the Subscriber to comply with the any specified term, condition and/or formality shall render the Subscriber liable for disqualification at the sole discretion of DB Corp. - Radio Division.

16.Questions and their answers, designed by DB Corp. - Radio Division are as per their best knowledge and information available and have been collected and framed with reasonable prudence. In case there is any discrepancy / dispute regarding the questions or answers, DB Corp. - Radio Division shall not have any liability towards any participant.

17.At times, DB Corp. - 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. - Radio Division will intimate the winner through registered post. Winner can collect his win from the showroom by showing that winning intimation.

18.To the fullest extent permitted by law, in no event will DB Corp. - Radio Division or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that DB Corp. - 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. - 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. - Radio Division, harmless from any third party claims arising from or related to his/her participation in the Contest. 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.

19.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. Winner specifically agrees that in the event an arbitrator or a court of competent jurisdiction finds DB Corp. - Radio Division to be so liable, DB Corp. - Radio Division liability is limited to payment of either the actual cost of the product or Rs. 2,000 (Rupees Two Thousand only), whichever is less, to the Winner cumulatively for all actions/ breaches/ claims.

20.DB Corp. - 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. - Radio Division.

21.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. - Radio Division by way of posting on their website, or in any other manner deemed suitable by DB Corp. - 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.

22.DB Corp. - 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. - Radio Division of the Contest shall not entitle the participants to any claim or compensation against DB Corp. - 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.

23.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 participants hereby give their consent to and authorize DB Corp. - Radio Division to disclose their particulars to any third party service providers engaged by DB Corp. - Radio Division for the purposes of the Contest.

24. 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.