TERMS AND CONDITIONS – Amruthadhaare Olavina Prashane Contest
“Amruthadhaare Olavina Prashane Contest” is a Randomizer/raffle/draw style contest (“Contest”) organized by Zee Entertainment Enterprises Limited (“Company”) on its TV channel, namely “ZEE Kannada” (“Channel”). The Contest is being conducted for the residents of Karnataka aged 18 years and above. By means of the Contest, the Company is providing an opportunity to the viewers of the Channel to participate in the Contest and win the prizes as announced by the Channel, subject to the terms and conditions set forth herein (“Terms and Conditions”).
The Contest shall be carried out by the Company in the following manner: The Participant (defined below) must answer the question flashed/asked daily at the end of the episode of the show titled “Amruthadhaare” (“Show”) during the Contest Period (defined below) by sending a SMS to the number mentioned herein below.
The contest shall be held between 29th May 2023 to 2nd June 2023 between such time as mentioned herein below. By participating in the Contest, the Participant agrees to be unconditionally bound by these Terms and Conditions.
I. PROCEDURE FOR PARTICIPATION IN THE CONTEST:
1. In order to participate in the Contest, each interested viewer/person (“Participant”) shall be required to answer the question flashed/asked at the end of the original telecast of the Show during the Contest Period by sending a SMS to the Contest Number (defined below). One question with three options will be flashed/asked after the original telecast of each episode of the Show during the Contest Period and the Participants must choose their answers from the options displayed along with the question. Participants must send in their answers, in the manner set forth below, to the question by 11:59 PM on the same day. One new question will be asked on each day of the Contest Period, after the original telecast of the episode of the Show on each day of the Contest Period, tentatively at 7:30 PM or such other time as determined by the Company at its sole discretion. Participants must send in their answers to 57575 (“Contest Number”).
2. Participants must send in their answers to the Contest Number in the following manner, and any Contest Entry in any other format will stand rejected: “ZKAD (space) Option (space) Name (space) Place”
3. It is clarified that the Company may, at its sole discretion, alter or substitute the Contest Number without any prior notice.
4. The Contest shall commence on 29th May 2023 at 7:00 PM and shall continue up till 11:59 PM on 2 nd June 2023 (“Contest Period”).
5. Participant shall send the Contest Entries (defined below) to the Contest Number during the Contest Period, or such other time as determined by the Company at its sole discretion. Any Contest Entry received outside of the Contest Period shall be rejected. It is clarified that the Participant shall be required to send the SMS to the Contest Number between 7:30 PM and 11:59 PM on each day during the Contest Period, failing which the Contest Entry shall stand rejected.
6. The Winner(s) of the Contest will stand a chance to win Silver articles under the First Prize category, Silk Sarees under the Second Prize category, and a 10 Gram 24 Karat Gold Coin as the bumper prize under the Bumper Prize category (“Prize”).
7. Winners will be selected through a randomizer method or through such other means as determined by the Company in its sole discretion based on the correct answers given by the Participants for the questions asked/flashed during the Contest Period, and such other factors as determined by the Company in its sole discretion or through such other means as determined by the Company in its sole discretion from amongst the Contest Entries received (“Winner(s)”). The Company may declare a total of four (4) Participants each day of the Contest Period as Winners under the First Prize Category and six (6) Participants each day under the Second Prize Category and one (1) Participant as the Winner of the Bumper Prize at the end of the Contest Period. It is clarified that the Winner of the Bumper Prize will be selected from amongst the Participants who have answered the question correctly on each day of the Contest Period. Each Participant is eligible for only one Prize irrespective of the categories. Any Participant who is selected as a Winner in one category shall not be entitled to any further Prize(s) either in the same or in a different category. The decision of the Company in connection with the selection process of the Winners will be final and binding and shall not be disputed or challenged by the Participant. The Company may, at its sole discretion, increase or decrease the number of winners of the Contest and the Participants accept and agree that they shall have no claims or objections in this regard. In case of any dispute, the decision of the Company shall be final and binding on all concerned.
8. By the end of the Contest Period, the Company may select a total of fifty (50) Participants as Winners under the First and Second Prize Category and one (1) Participant as the Bumper Prize Winner.
9. If the Winner is unable or unwilling to accept, collect or otherwise redeem the Prize awarded within a period of 30 (thirty) days from the date of announcement of the Winners, the Prize shall be forfeited, and the Participant shall not have any claims in this regard.
10. Compliance with the conditions mentioned herein shall constitute the Participant’s valid entry into the Contest .
11. The Winners of the Contest will be announced at such time and in such manner as determined by the Company in its sole discretion on the completion of the Contest Period. It shall be the Participant’s sole responsibility to check whether he/she has been declared as a Winner. Under no circumstances, shall the Company be held responsible or liable for any Winners’ failure to ascertain whether he/she has been declared as a Winner.
12. It is clarified that, irrespective of the number of Contest Entries made by a Participant, each Participant shall stand only a single chance to win the Prize, irrespective of the categories. Any Participant found to be in breach of the same, as solely determined by the Company, shall stand disqualified from the Contest.
13. The Participant shall, while participating in the Contest, conduct himself/herself in a decent and respectable manner.
14. The Participant shall ensure that he/she is in compliance with all applicable laws while participating in the Contest.
15. The Participant shall ensure that any information submitted, including but not limited to the details contained in the Contest Entry, is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous, or blasphemous to any person, religious sect or section of the society, or infringes the rights of any third party including any intellectual property rights etc.
16. The Participant unconditionally and irrevocably assigns all rights including but not limited to Intellectual Property Rights, if any, present in the Contest Entry submitted by them in favour of the Company, for the entire world and in perpetuity and the Participant agrees and acknowledges and makes all necessary declarations confirming the aforesaid. Such assignment shall operate for all the modes, media and formats of exploitation, whether now in existence or arising in future.
17. The Company may promote this Contest through the Channel and its social media platforms or such other means as determined by the Company in its sole discretion.
18. Each Winner shall receive a call from the Company or by any other agency on behalf of the Company by directly calling on the Mobile Number from which the Participant submitted its Contest Entry (“Intimation Call”). The Company and/ or any other agency of behalf of the Company may make three (3) attempts to contact the Winner(s) by calling on the Mobile Number of the Winner(s) registered with the Company. In case the Winner(s) fails to pick up the Intimation Call or if the Mobile Number shows busy network/ out of coverage network, the selection of that particular Winner shall be invalidated and the Company at its sole discretion may select another Winner from amongst the eligible Participant(s) who qualify as per the criteria stated above to receive Prize. The Company shall not be responsible or liable for any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which the Winner is unreachable, due to which the Company is unable to intimate the Winner.
19. The Intimation Call shall have instructions on the process required to be adhered by the Winner(s) which inter alia shall include the personal information (“PI”) of the Winner(s) such as name, Complete address with pin, contact number, email address, age, gender, name of parents, residential address etc. The Winner(s) shall be requested to furnish their latest photo, passbook copy of their active and valid Savings Account along with documents to the Company such as Pan Card along with Proof of identity cum permanent address proof – Aadhar card / Election card/permanent Driver’s License/Passport or any other document as the Company may deem fit; latest mobile bill of the Mobile Number from which the Winner has submitted his/her Entry and such other documents as may be required and informed by the Company from time to time (“Documents”). All above mentioned Documents shall be self-attested and Page 3 of 12 verified/attested by appropriate authorities and shall be submitted in such manner as specified by the Company. For sake of clarity, Participant will be considered as Winner only when he/she has been specifically declared as a Winner and not merely when he/she has been contacted by the Company for any purpose.
20. The Winner(s) shall furnish all requisite PI and Documents in a form and manner desired by the Company over the Intimation Call. Post receiving the PI and Documents of the Winner(s), the Company shall verify the necessary PI and Documents at its end.
21. For sake of clarity, Participant will be considered as Winner only when he/she has been specifically declared as a Winner and not merely when he/she has been contacted by the Company for any purpose.
22. In addition to the above, in case the Company requires any additional documents/ information, for confirmation or any other reason, the Company may inform the same to the Winner and the Winner shall be required to comply with all such requirements as intimated by the Company. In case of non-compliance in submission of any documents/ information as sought for herein or as intimated by the Company from time to time, the Company shall be entitled to withhold the Prize/forfeit the Prize to the Winner and the Winner shall have no objections to the same.
23. The Winner shall only be eligible for the Prize after proper identification and verification. The final decision on the mode and manner of delivery of the Prize shall be that of the Company and shall not be disputed by the Winner failing which the Company shall have the right to choose any other Winner as it deems fit.
24. The Prize shall not be transferable and not be redeemable for kind/cash and no requests shall be entertained by the Company in this regard.
25. It is further clarified that the details including but not limited to the Contest Entry (including the Participant’s mobile numbers) will be saved and stored in the Company’s data bank/ server and the same may be utilized and publicized for any purpose related to the Contest and for the Channel and the Participant hereby consents to the same.
26. In addition, the Company reserves the right to reach out to the Participant for marketing activities through calls, SMS, chat applications & other internet and phone numberbased applications and the Participant hereby consents to the same.
27. If the Participant fails to make the Contest Entry in accordance with the procedures hereinabove then his/her Contest Entry shall be considered incomplete, and the Participant shall not be eligible for selection for the purpose of the Contest. For the avoidance of doubt, it is hereby clarified that by submitting the Contest Entry the Participant is representing that the Contest Entry or contents thereof are not confidential or comprise any sensitive personal information or violate any privacy details of the Participant or any third party.
28. Contest Entries received at any time other than during the Contest Period shall be considered null and void.
29. The Company shall not, under any circumstances, be responsible or liable for any Contest Entries submitted by the Participants but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or network provider’s connection failure and/or any other reason whatsoever. The Contest is provided on an “as-is” basis. The Company disclaims any representations or warranties concerning the functioning or performance of the number(s) or any other element of the Contest.
30. The Participants accept and agree that their respective Contest Entry/participation in the Contest shall not entitle them to any Prizes.
31. If the telephone number of any Participant has been transferred to another individual after the Contest Entry, the Participant who owned the telephone number at the time of Contest Entry shall not claim the Prize or make any claims in respect of the Contest in this regard. Further, the person who owns the number when the Winners are declared shall not be entitled to claim the Prize or have any other claims in respect of the Contest.
32. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, unavailability of the Participant, theft or destruction, or unauthorized access to, or alteration of, any Participant communication.
33. The Company makes no representations that the Contest Numbers are appropriate or available for use in any other territory outside the state of Karnataka.
34. The Contest Entry is non-transferable and non-exchangeable. Participant agrees and undertakes that no cash, cash equivalent, or alternatives will be given to the Participant for submitting the Contest Entry or otherwise participating in the Contest. Further, the Company, at its sole discretion, reserves the right to change/substitute the Prize without assigning any reason and without any prior notice and the Participant shall not have any claims and/or objections in this regard.
35. The Participant shall not, under any circumstances, make any claims against the Company arising out of or relating to any costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, caused directly or indirectly due to the Participant’s participation in the Contest or any related activity, to the extent permitted under law. If the Participant is found to be ineligible, or if he/ she has not complied and/or is found to be in breach of these Terms and Conditions, the corresponding Contest Entry shall stand disqualified and such decision shall be final and binding on the Participant.
36. Employees, officers, agents, affiliates (including their respective family members and relatives) of the Company, its group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Contest.
37. The Company shall not entertain any complaints, disputes or claims arising from or relating to the Contest, Contest Entry submission mechanism/ criteria and/or selection/determination of the Winner. The Participants accept and agree that all decisions of the Company in respect of the Contest shall be final and binding on the Participant.
38. No dispute shall be entertained with regards to the Contest, Contest Entry submission mechanism/ criteria and/or selection mechanism of the Contest Entries received by the Company. The Participant accepts and agrees that all the decisions of the Company shall be final and binding on the Participant.
40. Compliance with all the terms and conditions mentioned herein shall constitute the Participant’s valid entry into the Contest (“Contest Entry”).
II. GENERAL TERMS AND CONDITIONS
1. Participation in the Contest is open only to residents of Karnataka aged above 18 years.
2. The Company reserves all rights to amend, modify, alter or delete, the whole or part of the Terms and Conditions or withdraw/cancel the Contest at its sole discretion without any prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions as made available on https://www.facebook.com/ZeeKeralam or such other links/platforms as determined by the Company in its sole discretion.
3. The Participant understands and agrees that the Company shall not be responsible in any manner whatsoever for any Contest Entries received on the Contest Number from the Participants anywhere in the world.
4. Participant(s) who do not comply with these Terms and Conditions, or who attempt to interfere with the process of Contest or the operation of the Contest Number in any way shall be immediately disqualified and their respective Contest Entries shall stand rejected.
5. The Participant accepts and agrees that participating in the Contest shall be deemed as his/her acceptance of these Terms and Conditions even if the same is not explicitly mentioned by the Participant. The Company shall not be responsible for delayed receipt or non-receipt or incomplete receipt or corrupt receipt of any Contest Entry.
6. The Company reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend any Contest Entry submitted by any Participant, should any virus, bug, nonauthorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest or if the Company suspects the above. The decision regarding acceptance of the Contest Entries received by the Company shall be decided by the Company at its sole discretion.
7. The Company makes no representations, warranties nor provides any undertakings to any of the Participant(s) that merely participating in the Contest will automatically qualify such Participants as being eligible to further participate in the Contest or win any Prize.
8. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses, of any nature, suffered / incurred by any of the Participant(s) in relation to the Contest, including but not limited to any loss of opportunity, damages, losses, costs, expenses suffered/incurred on account of the Company rejecting the participation/ Contest Entry of the Participant or the Participants’ inability to participate in the Contest, for any reason whatsoever.
9. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the dates of the Contest to any other dates as may be determined by the Company in its sole discretion.
10. At no point of time will the Company be obliged to notify the Participant, as to whether his/her respective Contest Entry has been disqualified/cancelled or rejected.
12. The Participant expressly agrees that the Company will have the unfettered right to reproduce all the Contest Entries on any and all formats, media and/or mediums, existing or otherwise arising in future, including but not limited to television, internet, mobile, print, etc.
13. By participating in the Contest, the Participant grants in favour of the Company, its agents, affiliates or assigns, the right to use the likeness, face, name, signature, voice, photographs, biographical data or image of the Participant, in any manner, in relation to the Contest or for any promotional or marketing activities related to the Channel and its programmes.
III. OTHER TERMS
1. Each provision of this Terms and Conditions shall be considered severable, and if any provision of these Terms and Conditions is held to be void, invalid or unenforceable by any court or other competent authority, in whole or in part, such invalidity or unenforceability shall have no effect upon the remaining provisions of the Terms and Conditions and the other provisions of these Terms and Conditions shall continue to be valid, enforceable and binding on the Participants.
2. These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Ernakulam.
3. The Company is empowered to take a decision on any case not covered by the present Terms and Conditions and the said decisions shall be considered as final and binding on the Participant.
4. In case of any dispute or difference in respect of this Contest, Terms and Conditions, etc., the decision of the Company’s management shall be final and binding on all concerned. No correspondence disputing this Contest, Terms and Conditions, decision relating to the Winners, any decision of Company’s management, etc. will be entertained by the Company.
5. All rights, title, claim and interest, including but not limited to the intellectual property rights, in the promotional material(s)/activity and in any and all Contest Entries of the Participants’ received shall vest solely and exclusively with the Company throughout the world in perpetuity. The Participant/Winners agree and acknowledge that the Company or any person or entity authorised by the Company in this regard shall be entitled to the unrestricted use of the Contest Entries received or any information in connection with the Contest Entry in any mode, media or format for future promotional, marketing, publicity and any other purpose, without any permission and/or payment to the Participant/Winners. The Participant/Winners shall not dispute the same at any time.
6. The Participant/Winners hereby further undertake to do any and all acts and execute any and all documents in such manner and at such locations as may be required by the Company in its sole discretion in order to secure, protect, perfect or enforce any of the rights of the Company pursuant to this Contest and/or Terms and Conditions. In the event the Participant/Winners fail to do so within two (2) days of receipt of a request from the Company to do or perform an act or execute a document, the Company shall be entitled to exercise the same in place of the Participant as the lawful appointed attorney and the Participant undertakes to affirm, ratify and be bound by such exercise of the right by the Company as mentioned hereunder.
7. Any clarifications that the Participant may require or any complaints that the Participant may have with respect to this Contest shall be emailed to firstname.lastname@example.org
8. Nothing herein shall be deemed to create a partnership, agency or an employeremployee relationship between the Participant and the Company.
9. The Terms and Conditions of and in relation to the Contest as stated herein, is an electronic record as per the Information Technology Act, 2000 and rules framed thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures
10. Participants shall be solely responsible for any costs and expenses incurred towards internet connection charges, e-mail transmission charges, data transfer (send/receive) charges, mobile connection charges or other incidental costs or expenses as may be applicable in relation to participating in the Contest, as well as any other service charges, applicable taxes, levies, duties, cess, etc. as may be charged by the respective service provider(s).
11. The Company shall not be responsible for any errors or omissions in the Terms and Conditions contained herein. All information provided by the Company is provided “As is” without any warranties of any kind. To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. Without limiting the foregoing, the Company specifically disclaim any warranty (a) that the Contest platforms will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components that exist on the Contest platform (d) regarding the security of information submitted, and (e) regarding correctness, accuracy, or reliability of any information pertaining to the Contest.
12. If the Participant is found to have indulged/be indulging in any malpractices such as cheating, misrepresentation, providing false information etc. then the Contest Entry of such Participant shall not be taken into consideration and strict legal action may be taken by the Company against such Participant. The Company further has the right to reject the Participant’s participation in the Contest in the event the Company believes or has reasons to believe that the Participant is (i) legally disabled (ii) had or has a criminal record (iii) has been involved in any offence involving moral turpitude, including but not limited to, sexual harassment, fraud etc.
13. The Participant represents and warrants that there are no alleged, threatening, or pending litigation related to him/her which will impact the Company and/or the Contest in any manner.
14. Nothing stated in this Agreement shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision of this Agreement and any statute, law, ordinance or regulation, then, the such statute, law, ordinance or regulation shall prevail and the provisions of this Agreement so affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
15. If any provision of these Terms and Conditions is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms and Conditions at any time and without notice, and it is the Participant’s responsibility to review these Terms and Conditions for any changes. The Participant’s continued participation in the Contest subsequent to any amendment(s) to this Terms and Conditions will signify his/her assent to and acceptance of the revised Terms and Conditions.
16. The Company does not make any commitment, express or implied, to respond to any feedback, suggestion and/or queries of the Participant at any time.
17. The Participant acknowledges that he/she has voluntarily chosen to participate in the Contest on his/her free-will without being under any coercion or duress, individually and jointly, and is willing to bear all risk, costs and consequences arising from such participation in the Contest.
18. The Participant or any person related to them shall not attempt to gain unauthorized access to any other Participant information, or servers or networks connected to the Company’s services by any means, including but not limited, to disrupt the Company’s services by uploading content/material which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource. The Participant or any person related to them agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Company or the Company’s services.
IV. NO LIABILITY
1. The Company is not, in any manner whatsoever, responsible and/or shall not be held liable, for any physical injury, death, mental trauma, loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Contest whether or not caused by (1) the Participant’s participation in the Contest; (2) as a result of the any decisions of the Company for any matter relating to the Contest. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Contest. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
2. The Participant(s) shall hold harmless and indemnify, the Company, its affiliates, its group companies, their employees, officers, directors or any other person, from and against any injury/damage/harm/loss/costs/death/ mental or emotional trauma suffered by the Participant(s) in connection with the Contest or using/enjoying any Prize and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any complaints, applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs in relation to the Contest. Further the Participant(s) shall defend, hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss/costs (including legal costs) suffered by the Company arising out of or in relation to the Participants’ participation in the Contest, any act of the Participant, any post and/or Contest Entry and/or any third-party claims with respect to the material/Contest Entry submitted by the Participant(s)
3. The Participant(s) shall not hold the Company, its affiliates, contractors, partners, vendors and promotion and advertising agencies responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of participant information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit Participant’s ability to participate in the Contest, including any injury or damage to Participants or any other person’s mobile device or internet connection relating to or resulting from participating in the Contest or downloading any materials. The Company and/or its representatives shall not be responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected entries, which shall be disqualified. The Company shall attempt to use commercially reasonable efforts to ensure the security and accuracy of all Contest Entries and the methodologies/ processes/ mechanisms of said Contest Entries, however, the Participants hereby acknowledge and agree that such methodologies/ processes/ mechanisms are not infallible, and that the Company makes no guarantee as to its effectiveness.
4. The Participant agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors, vendors or any other person in connection with the Contest, any increase/decrease in the charges charged to the Participant by his/her network provider for submitting the Contest Entries. The Participants shall solely bear all costs and expenses incurred by them in respect of their participation in the Contest.
5. The Participant agrees and acknowledges that for the purpose of the Contest, the Company and its representatives may gain access to personal information of the Participant. The Company takes appropriate technical and organizational measures to protect the personal information provided by the Participant against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, the Company cannot guarantee the security of any personal information or data which the Participant discloses. In any event, Participant agrees not to hold the Company responsible for any breach of security, except in case of negligence or willful default on the part of the Company under the relevant legislation
6. The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participants and arising as a result of his/her participation in the Contest.
7. The Prize awarded to the winner(s) is provided on an “as-is” basis and the Company expressly disclaims any representation and/or warranty with respect to the type of prize, its nature, quality, condition, functionality and/or operation. The Participants accept and agree that they shall not have any claims against the Company with respect to the Prize.
8. The Company disclaims all warranty and makes no representation about the quality, usefulness, worthiness, delivery or otherwise of the Prize offered. All images/visuals of the Prize in the communications or advertising material or content are indicative only and may be subject to change.
9. The Company accepts no responsibility for any non-delivery of the Prize.
10. The Participant accepts and agrees that the Company shall not be responsible/liable for any loss or damages pertaining to the Prize which are awarded to the Winner(s) or for the quality and or the condition of the Prizes arising on account of any reason, including, without limitation, those caused on account of transportation, handling etc. All prizes are purchased/procured believing the contents to be of the highest quality and standard.
11. The Company shall not be liable for any loss, damage, theft, or any other mishap caused to the Prize.
12. The Winner will use the Prize entirely at his/her own risk and will indemnify and hold the Company harmless for any accident, harm, death, damages, costs and/or loss sustained by the Winner as a result of the possession or use of Prize.
13. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Contest on account of any force majeure factors or otherwise.
14. Company shall not be held responsible or accountable for any expenses (including but not limited to charges charged by the network providers for each Contest Entry submitted by the Participant), loss, or any other liability which may arise due to the Participant submitting Contest Entries on the Contest Number.
15. The Participant hereby agrees to indemnify the Company and/or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Contest or due to any representations, misrepresentations, or concealment of material facts by the Participant.
17. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the production of the Contest and/or conducting the Contest on any account, including without limitation, on account of any force majeure email@example.com