Desh Dekho, Videsh Ghumo Terms and Conditions
The following principal and general rules are the terms and conditions (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agrees to participate in the “Desh Dekho, Videsh Ghumo Offer (hereinafter referred as “Campaign”) which is an offer on EPIC On (an internet based application owned and operated by IN10 Media Private Limited ‘IMPL’) in association with Club Mahindra. Club Mahindra and IMPL shall collectively be referred to as the “Company”.
- PRINCIPAL RULES OF THE CAMPAIGN:
- The Campaign shall commence tentatively from 18th June 2019 and shall continue till 31st July 2019 (“Period”). Users interested in availing the ‘Desh Dekho Videsh Ghumo’ offer will have to get an annual subscription to EPIC On during the Period. Club Mahindra understands and agrees that in this regard, IMPL shall not be held responsible and accountable by any winner of the Campaign and Club Mahindra shall defend, hold harmless and indemnify IMPL, its affiliates, directors, shareholders, employees and agents against any such claims, actions, losses, damages, proceedings (including any attorney fees) instituted on such grounds by any such winner(s) of the Campaign.
- The Participant grants explicit consent to receive communication from EPIC ON Team & It’s partners on the details shared by it.
- Each Participant will be given a Voucher. The Participants acknowledge that IMPL shall not be responsible and accountable for the terms of the Voucher and the terms of the Voucher shall be the sole responsibility of Club Mahindra.
- In consideration of the huge monies, resources and time invested by the Company in providing a free stay to the Participants at national as well as International destinations, the Participants shall not be entitled at any point of time to cancel the EPIC ON Annual Pack Subscription and claim a refund or withdraw their participation from the Campaign.
- The Company shall be entitled to invalidate the participation of a Participant in the event of any fraud, dishonesty, misrepresentation or any non-entitlement for participation of the Participant under these Terms and Conditions. The Company reserves the right to disqualify any Participant if in their opinion such Participant is not found suitable or eligible.
- IMPL shall have the sole discretion to decide the winners of the Campaign from among the Participants and Club Mahindra shall be solely responsible for contacting the winners of the Campaign and informing them about the same. IN10 Media Pvt. Ltd reserves the sole right to change the number of Shortlisted Participants at its sole discretion and the Participants shall not challenge such decisions of IN10 Media Pvt. Ltd.
- Club Mahindra shall be responsible for communicating the necessary details including but not limited to the accommodation, the duration and venue of the stay and all such incidental expenses, within 30 (thirty) days’ from the declaration of the result, to the concerned winner(s) of the Campaign. Any disagreement, complaint and dispute that the winner may have against such prize, the Winner shall take up the same with Club Mahindra only.
- The shortlisted Participants / Winners agree that they shall solely be responsible for their meals, travel and other day to day expenses and that the Company shall be exonerated from any such costs.
- GENERAL RULES OF THE CAMPAIGN
- IMPL reserves the sole right and discretion to select or reject a Participant/Shortlisted Participant/Finalist. All decisions of IMPL in relation to the Campaign including but not limited to, rejection or the Participant not being shortlisted shall be final and binding on the Participant and such Participant shall not raise any objections in relation to the same.
- The Company may abandon, cancel, withdraw the Campaign or change the nature of the Campaign, at any time it deems fit, without giving any prior notice to the Participant(s). By agreeing to these Terms and Conditions, the Participant has waived the right to raise any dispute(s) with regard to the selection process or the Campaign.
- The Participants/Finalists agree that they shall make themselves available, if required and co-operate with Club Mahindra and IN10 Media Pvt. Ltd and participate without any objection/ demur in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the such Participants/ Finalists. The Participants/ Finalists shall not at any point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Participants/ Finalists agree that footage, if any, of any nature with regard to the Participants/Finalists shall vest with Club Mahindra and IN10 Media Pvt. Ltd including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity. Participant/ Finalists hereby agrees to grant a no objection and a license for use of his photographs, name, biography and likeness to Club Mahindra and IN10 Media Pvt. Ltd.
- The Participant shall at all times comply with applicable laws, rules and regulations including the Terms and Conditions and Rules and Regulations of this Campaign. The Participant(s) shall not, at any time during the Campaign or after its completion make any defamatory, derogatory statements about the Company and/or its business.
- GOVERNING LAW:
- The terms of these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Campaign or other matter pertaining to these Terms and Conditions shall be referred to a sole arbitrator appointed by Club Mahindra and IN10 Media Pvt. Ltd and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be held in the English language. The decision of the sole arbitrator in this regard shall be final and binding on the aggrieved Participant. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the Participant who has raised the dispute.
- Subject to the provision above, the courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
- By entering the Campaign, each Participant(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any gratification, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Campaign (if any). Notwithstanding the foregoing, under no circumstances will Club Mahindra and IN10 Media Pvt. Ltd be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
- IN10 Media Pvt. Ltd shall in no manner bear any responsibility or liability for any delay or other eventuality that results in the Participant being unable to fulfill the Subscription within the Period stated above.
- WARRANTY DISCLAIMER
You agree that participating in the Campaign shall be at your sole risk. To the fullest extent permitted by law, the Company, including its affiliates, group companies, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Campaign and your participation thereof whether or not the Participant is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. IN10 Media Pvt. Ltd is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Campaign and/or any matters arising out of the Terms and Conditions.
The Participant(s) agree to defend, indemnify and hold harmless IN10 Media Pvt. Ltd, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) the Participant(s) use of and access to the Website and participation in the Campaign; (iii) if any representation, warranty or Personal Information made by You turns to be untrue, false and in accurate.
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. IN10 Media Pvt. Ltd’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 your responsibility to review these Terms and Conditions for any changes. Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the Participant and IN10 Media Pvt. Ltd and / or the Company. The Participant(s) acknowledges that in case the performance of this Campaign and/or availing the gratification cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of the Company then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, the Company shall be at liberty upon their sole discretion to terminate the Campaign and/or participation of a Participant(s) forthwith and such decision shall be final and binding. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by you, but may be assigned by IN10 Media Pvt. Ltd. to its group companies or any third parties, without restriction.