TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE ACTIVITYBy means of these terms and condition set forth herein (“Terms and Conditions”), Living Foodz Entertainment Pvt Limited (“Company”) is conducting a promotional activity named “Mother’s Menu” to promote the Company’s channel titled “Living Foodz” (“Channel”), by providing an opportunity to the interested viewers of the Program (“Participant(s)”) to participate and answer a multiple choice question asked each Monday and Tuesday during the Activity Period (as defined hereunder) of the Program on the SMS Code (defined below) and get a chance to win the Gratification (as defined hereunder) (“Activity”) on terms more particularly described herein below. Each Participant is required to send/submit the answer via SMS on the code “57575” (referred as “SMS Code”). By submitting your Entry (as defined below) during the Activity Period through the SMS Code on terms more particularly described herein below, you agree to be unconditionally bound by the Terms and Conditions as provided herein below:
I. PROCEDURE FOR PARTICIPATION AND SELECTION1. In order to participate in the Activity, each Participant is required to answer a multiple choice question (“Question”) which shall be based on the particular episode of the Program. Each Question shall be displayed on the television screen at the end of the telecast of that episode during each Monday and Tuesday during the Activity Period (as defined below). Each Question shall have two (2) options i.e. A and B whereby only one option shall be the correct answer. The Participant shall be required to choose and submit the correct answer to the Question via the Short Code at the end of each episode of the Program during the Activity Period. For sake of clarity, there shall be total of 10 (ten) Questions that are asked during the Activity Period, all of which must be answered via the Short Code by the Participant in accordance with the Start Date and End Date as mentioned in Clause I (4) to further progress in the Activity and have a chance to win the Gratification (“Entry”).
2. The Participant from their registered mobile number (from any network service provider providing telecom services in particular territory) shall be required to submit the answers of each Question during the timeline mentioned in Clause I (4) and Clause I (5) via the SMS Code only in the following manner:
Format of Answer
||“MM<space>1A/1B<space>Participant Name<space>City Name”
||“MM<space>2A/2B<space>Participant Name<space>City Name”
||“MM<space>3A/3B<space>Participant Name<space>City Name”
||“MM <space>4A/4B<space>Participant Name<space>City Name”
||“MM <space>5A/5B<space>Participant Name<space>City Name”
||“MM <space>6A/6B<space>Participant Name<space>City Name”
||“MM <space>7A/7B<space>Participant Name<space>City Name”
||“MM<space>8A/8B<space>Participant Name<space>City Name”
||“MM<space>9A/9B<space>Participant Name<space>City Name”
||“MM<space>10A/10B<space>Participant Name<space>City Name”
3. The Activity Period for the Activity shall start at 14:30 IST on October 07, 2019 and continue till 23:59 IST on November 07, 2019 (“Activity Period”). The Activity Period may be extended further at the sole discretion of the Company.
4. Start Date and End Date for submitting the Entry for each episode of the Program is as under:
|October 07, 2019
||October 07, 2019
||October 10, 2019
|October 08, 2019
||October 08, 2019
||October 10, 2019
|October 14, 2019
||October 14, 2019
||October 17, 2019
|October 15, 2019
||October 15, 2019
||October 17, 2019
|October 21, 2019
||October 21, 2019
||October 24, 2019
|October 22, 2019
||October 22, 2019
||October 24, 2019
|October 28, 2019
||October 28, 2019
||October 31, 2019
|October 29, 2019
||October 29, 2019
||October 31, 2019
|November 04, 2019
||November 04, 2019
||November 07, 2019
|November 05, 2019
||November 05, 2019
||November 07, 2019
5. Participant(s) sending Entry in correct format as mentioned in Clause I (2) will receive an automated message from the same SMS Code stating “Thankyou for participation, Kindly Log on to livingfoodz.com/winners, every Friday to know the winners! Keep watching Mothers Menu and keep participating ”. If the Participant submits the Entry in an incorrect format then the Participants’ incorrect Entry submitted through SMS, shall be considered to be incomplete and shall be considered null and void. In such events where the Participant submit Entry in incorrect format, an automated message may be sent to the Participant stating “You have entered the wrong keyword. Please enter the correct keyword and send it to 57575.”.
6. The SMS shall be charged at premium rates laid down by respective telecom operators whose services are availed by the Participant(s). In event of any other charges levied by any network provider/ telecom operator for submitting the SMS, the said additional charges shall solely be borne by the Participant. The Participant understands and agrees that if the Participant is in roaming telecom network i.e. a different circle/zone then additional roaming charges may be levied basis respective network provider/ telecom operator
7. The Company may promote this Activity through the medium of the Channel, Website, print media (newspapers), television (promos, astons, bugs etc.), on ground promotions, push sms, radio, digital media/ online and any other manner as shall deem fit by the Company, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Activity.
8. It is further clarified that the details of the Entry may be publicized on the Channel owned or operated by the Company and /or any other platform/medium.
9. For purposes of the Activity, “receipt” of the Entry shall be considered by the Company only when SMS system of respective network providers of the mobile number of the Participant successfully records SMS submitted by the Participant on the SMS Code provided by the Company. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.
10. For the purposes of the Activity, a complete and valid Entry will constitute of submitting answer to the Question(s) that shall be asked during the Activity Period, all of which must be answered via the Short Code by the Participant in accordance with the Start Date and End Date as mentioned in Clause I (4). If the Participant(s) fails to make the Entry in the manner as stated hereinabove and/or is not a resident of India and/or has violated any guidelines published by the Company, then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for the Gratification. For the avoidance of doubt, it is hereby clarified that by submitting the Entry, the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.
11. It is clarified that each Participant shall be free to send/submit Entry via the SMS Code innumerable times each day during the Start Date and End Date throughout the Activity Period for the Question asked during the first telecast of the episode of the Program during each day of the Activity Period. Entry received from the Participant(s) which is contrary to the terms contained in Clause I (1) Clause I (2) and Clause I (10) via the SMS Code during or after the Start Date and End Date throughout the Activity Period shall be considered null and void. It is clarified that submitting multiple Entries shall not make the Participant(s) eligible to win the Gratification and/or increase the chance of winning the Gratification and that the Company shall have the sole and absolute rights to decide on to which Entry (out of multiple entries) of the Participant to be considered.
12. The Participant(s) shall ensure that the Entry submitted on the Entry Platform and any post made by the Participant(s) related to the Activity, on any of the social media platforms including but not limited to Facebook, Twitter, Instagram , YouTube etc., will be in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person (living or dead), religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant(s) agrees that the Company has the right to remove any such material/Post which may not be in consonance with applicable law.
13. The Company shall not be responsible in the event Entry is not received due to any technical error and/or connection failure and/or electricity failure and/or for any reason whatsoever.
14. At the end of the Activity Period, on the basis of the Participant(s) having made a valid Entry (in accordance with Clause I (10)) and submitted correct answers via the SMS Code to Questions in accordance with the Start Date and End Date as mentioned in Clause I (4) during the Activity Period, the Company shall by way of a randomizer round, to be held at the sole discretion of the Company, shortlist and select 5 (five) Participants each week during the Activity Period (“Winners”) The Winners of the Activity shall be entitled to receive a “merchandise” (of any monetary value as shall be deemed fit by the Company) as a gratification for participating in the Activity (“Gratification”) subject to verification process as mentioned in Clause I (17) to Clause I (19). The Winner(s) wining the Gratification(s) once shall not be eligible to win the Gratification again during the Activity Period
15. For avoidance of doubt, it is clarified that apart from the Gratification, the Winners shall be not entitled for any other gratification/ opportunity whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the form of the Gratification and the Participant shall have no claim in any manner whatsoever in this relation. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company’s decision to this effect.
16. For avoidance of doubt, it is clarified that the Company’s decision and prerogative in regard to the selection and declaration of the Winner shall be final and binding. The Company at any time during or after the expiry of the Activity Period shall at it sole discretion increase or decrease the number of Winners to be selected by the Company for being entitled to receive the Gratification. For the sake of clarity, mere submitting an Entry on the Entry Platforms does not entitle the Participant(s) to receive the Gratification. Only the Participant(s) who have made a valid Entry on the Entry Platforms and have correctly answered the Question(s) in accordance with Clause I (1) during the Activity Period shall get a chance to proceed further for the selection process in the Activity.
17. Each Winner shall be intimated by the Company and/or by any other agency on behalf of the Company through a phone call made by the agency on the Winners mobile no from which the Participant had submitted his/her Entry (“Intimation Message”) during the Activity Period. Each such Winner will be required to connect with the Company on the contact number/email id that shall be mentioned in the Intimation Message within 24 (twenty-four) hours from the delivery of Intimation Message.
18. In case any Winner fails to revert to the Company within the aforesaid timelines, the shortlisting of that particular Winner shall be invalidated and the Company at its sole discretion may select another Participant from amongst the eligible Participants. 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 Participant(s) are un-reachable, due to which the Company is unable to intimate such Participant(s).
19. In case the Winner(s) reverts to the Company in a manner as said forth in Clause I (14) above, such Winner(s) shall be required to adhere to the verification process of the Company which inter alia shall include sharing (i) the personal information (“PI”) of the selected Participant such as name, contact number, email address, age, gender, name of parents, residential address etc. (ii) identification documentation such as age proof, residence proof, their nationality proof (i.e., driving license/ aadhar card/ passport/ election card) (“Documents”). For the sake of clarity, such Intimation Message received by the Winner(s) from the Company does not entitle Winner(s) to receive Gratification unless the Winner(s) furnishes all correct and authentic requisite PI and the Documents in a form and manner desired by the Company. Post receiving the PI and Documents of the Winner(s), the Company shall verify the necessary PI and the Documents at its end.
20. Once the PI and/or the Documents have been verified by the Company, the Company and /or any other agency on behalf of the Company shall inform each Winner about the selection as one of the Winner of the Activity and that he/she shall be entitled to the Gratification as mentioned hereinabove. The Winner(s) shall be couriered the Gratification on their address provided to the Company by the Winner(s). The Company shall not be responsible in any manner whatsoever to resend the Gratification to the Winner in case the Gratification is lost in transit due to any reason whatsoever. All such claims shall be directly raised by the Winner with the courier company through which the Company has couriered the Gratification without any recourse to the Company. The Company shall further also not be responsible for any kind of damage that may have occurred to the Gratification items during transit. It is further clarified the Company shall not be liable if the Gratification is not delivered/ handed over to the Winner(s) in the event the address of the Winner is not found while delivering/ handling over the Gratification or address of the Winner(s) is in such a remote area which is beyond the reach of courier.
21. The Gratification given to the Winner by the Company is non-transferrable and non-exchangeable. The Winner agrees and undertakes that no cash equivalent or alternative gratification/ opportunity will be given to the Winner and the Winner cannot exchange the opportunity given for any kind of gift with value. Further, the opportunity given to the Winner is personal in nature, hence the Winner cannot transfer the opportunity to any other person.
22. The Winner shall not in any circumstances make any claims against the Company entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly or any related activity, to the extent permitted under law. If any of the Winner is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
23. Family members and relatives of the employees of the Company and their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Activity.
24. No dispute shall be entertained with regards to the selection criteria. Decisions of the Company shall be final and binding on the Participant(s).
25. Each Winner may have to sign any release form or other relevant document as required by the Company in order to receive the Gratification from the Company.
26. The Winner(s) hereby agrees to release and discharge the Company from all Gratification and Activity related obligation on the Company.
27. All PI and Documents requested by and supplied to the Company by each Participant/Winner must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Participant/Winner from availing the opportunity to participate in the Activity.
II. GENERAL TERMS AND CONDITIONS1. Participation is open to all Indian citizens (i) who are above 18 (eighteen) years of age (as on October 07, 2019) (ii) who are medically fit; (iii) who have no criminal conviction or an arrangement or a contract with any third party that prevents the Participant(s) from participating in the Activity. Documents pertaining to medical fitness must be furnished by the Participant(s) on demand by the Company.
2. Persons must enter the details on their own behalf and Entry(ies) by proxy will not be accepted, even for their family members.
3. The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Activity on http: https://livingfoodz.com/winners (referred as “Website”).
4. Each Participant hereby undertakes, warrants and guarantees to the Company that he/she has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions.
5. By participating in the Activity, each Participant represents that he/she is medically fit and does not have present or past psychological problems. If in the past Participant has had any psychological problems or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Company in writing along with a copy of the certificate from a qualified medical practitioner declaring the Participant to be fit for participation in the Activity.
6. Each Participant shall not be eligible as a Participant for the Activity if he/she is suffering from any critical health related issues.
7. The Participant represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Company in writing and that the Participant(s) is /are not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of registration and has no other disability which would prevent or impede his/her participation in the Activity (if selected/shortlisted).
8. The Participant acknowledges that he/she has voluntarily chosen to participate in the Activity at his/her free-will and is willing to bear all risk, costs (save and except the cost mentioned in Clause I (14)) and consequences arising from such participation in the Activity.
9. The Company makes no representations, warranties nor provides any undertaking to any of the Participant(s) that any or all of the Participants will be able to qualify for receiving the opportunity to participate in the Activity.
10. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the Participant(s) in the event that the Company is not able to permit the Participant to take part in the Activity in accordance with any of the foregoing provisions.
11. At no point of time will the Company be obliged to notify unsuccessful Participant(s) of its decision.
12. The Winner(s) of the Activity agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any activity and/or campaign relating to the Activity (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) gives his/her consent to the Company and/or any other agency on behalf of the Company to make the footage of the participation in the Promotional Activity. The Winner(s) in consideration of being afforded an opportunity to take part in the Activity, agrees that the footage of any nature with regard to the Winner(s) shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and the Company may exploit the same in any manner and in any media whatsoever at any time throughout the world.
13. The Participant(s) shall hold harmless and indemnify, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by the Participant(s) and/or the Winner(s) in connection with the Activity and/or the Gratification and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
14. The Winner(s)/Participant(s) shall 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 suffered by the Company in connection with any act of the Participant(s)/ Winner(s) and/or the Activity and/or Entry by Participant via SMS Code and/or any third-party rights claims with respect to the material/answer submitted by the Participant(s)/ Winner(s).
III. OTHER TERMS1. If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
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 Mumbai.
3. The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
4. Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
IV. NO LIABILITY1. The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Activity or while availing the Gratification.
2. The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity whether or not caused by (1) the Participant’s participation in the Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (3) any printing, typographical or technological errors in any materials associated with the Activity and/or (4) while availing the Gratification. 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 Activity. 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.
3. The Participant(s)/Winner(s) agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.
4. The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant(s) arising as a result of his/her participation in the Activity.
5. Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
6. Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise, for the Winner(s) to receive the Gratification.
7. The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant.