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TERMS AND CONDITIONS
IMPORTANT NOTE: Please read all these Terms & Conditions carefully before entering the "Horlicks Exam Time Contest" (the "Contest") to be conducted by GlaxoSmithKline Consumer Healthcare Limited (the "Company" or "Organizer"). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.
ELIGIBILITY – The Contest is going to be conducted in single stage. “Participants” shall be above the age of 12 years. The contest is valid for all citizens of India and shall be conducted in All India except West Bengal/Kolkata. Provided however, employees and Immediate Family of the Organizer, its associate companies, its advertising and promotional agencies agents, professional advisors and its Auditors shall not have the right to participate in this Contest. Provided further, all Participants below the age of 18 years must seek their parents' / guardians' approval before participating in the Contest. It will be the responsibility of parents / guardians to monitor their children's participation in this Contest. For this purpose "Immediate Family" means partner, ex-partner, parent, step-parent, grandparent, uncle, aunt, niece, nephew, natural or adopted child, and sibling or step-sibling (whether natural or adopted by a parent), whether or not they live in the same household. The Organizer reserves the right, at any time, to verify the validity of entries and participants (including a participant's identity, age and place of residence) and to disqualify any participant for any reason including but not limited to unfair practices, or use of malicious/illegitimate codes or non – adherence of these Terms and Conditions.
CONTEST DESCRIPTION AND PARTICIPATION – Participation in the Contest shall be as per the following steps:
Step 1: Buy a Horlicks pack
Step 2: SMS HLX
The Participants are solely responsible for all charges incurred in taking part in the Contest, including any internet and / or mobile phone charges and /or SMS charges, as may be applicable.
Step 3: Upon the said message being received by the organizer, the Participant shall receive a reply which consists of a question. Which if answered correctly can entitle the participant for subscription of faster learning tips and stand an opportunity to Meet a Topper or DTH Free Subscription for 15 days or Horlicks gift vouchers.
Step 4: Once the unique code is received by the Organizer’s backend technical team (Organizer’s Technical Team) in their database, the unique code shall be verified for its correctness and validity. If the Unique code is found to be a valid entry (“Entry”), the Participant shall receive a response in the form of a question and a message… “Thank you for participating in the Horlicks Exam time contest.
Now you have a chance to get an exam topper home to become your exam guide. All you have to do is Answer 1 Simple question sent to you. All Prizes are awarded on an "AS IS" basis and "WITHOUT WARRANTY OF ANY KIND", express or implied, (including, without limitation, any implied warranty of quality, suitability, merchantability or fitness for a particular purpose).
WINNER SELECTION – The participation in the Contest shall be as per the clause mentioned herein above and the said Winners shall automatically be chosen by a software based random number generation. The Participants upon receiving all the correct entries i.e. HLX
CONTEST PERIOD - The Contest commences on 5th Jan 2013 at [00:00] hours and closes on ,15th March’ 2013 at [23:59] hours All the entries received after 00:00 hours on 15th March 12:00 will be considered invalid.
Participation is optional and voluntary.
One Participant can only win one prize in the Contest (apart from subscription). Eligibility criteria for prizes apply.
The Organizer reserves the right, at any time, to verify the validity of entries and Participants (including a Participant's identity, age and place of residence) and to disqualify any participant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process.
For being a valid Participant in the Contest the mobile number from where the Participant is recording his / her Entry of the UNIQUE CODEon the Pack has to be a valid registered number in the participant’s name. However, if the said mobile / landline number is not registered in a Participant’s name, the person who is the registered owner of the said number shall be considered the Participant for the purposes of the Program. Further, Entries are deemed to be submitted at the time of receipt of the same into the Organizer's database, and not at the time of transmission by the Participant. The final Prizes will be announced on or before ___ 31st June 2013.In the event of a death of the Winner, no claim from the nominees or legal heirs of the Winners will be entertained for receiving the Prize. Once the Winners are announced, the Winners shall be intimated about the same through a phone call by the Organizer as well as the list of winners shall be declared on the Organizer’s website http://in.mobile.indiatimes.com/mobile/horlicks/. The Participants shall receive faster learning tips Tips though SMS. The Organizer shall pay for the SMS and the Participant shall owe nothing from the Organizer once the tips are delivered to the Participant. The Meet and Greet with the topper will happen at the winners residence in some cases the lucky winners shall be invited at a common place. Transportation/boarding & Lodging expenses shall be bear by the organizer. Any and all additional expenses will be borne by the Winner. All Winners are subject to verification, including without limitation, verification of eligibility through proof of identity and Indian residency and complete compliance with these Terms and Conditions. Identification to be considered suitable for verification shall be at the discretion of the Organizer.
Verification shall be carried out for the following categories:
Proof of Identity (photo)
Proof of Age
Mobile Number Registration / Ownership proof
Documents which the Organizer may require from the Participants who are declared the winners for carrying out the verification shall be:
PAN Card / Form 60
Photo credit card
Any Bank Account – online statement/passbook 1st and last page copy, counter signed
Mobile Number Registration / Ownership proof
Any other document that the person verifying deems necessary. Only if the Participants who have been chosen as the Winner clear the verification process will he/she be eligible for the prize else another Participant shall be chosen as a winner.
The Organizer's decision on the verification of all the Participants shall be final and no correspondence will be entered into in relation to any decision taken by the Organizer.
If attempted notification to the Winner by means of a phone call is unanswered tried over 3 days (max to 3 attempts daily), if a Winner cannot be verified, or if a Winner is otherwise unable to accept their status as Winner, their rights to the prize as a Winner will be forfeited and an alternative Winner may be selected provided sufficient time remains, in Organizer's sole discretion.
The Winners will be required to sign receipts, affidavits, indemnity, agreements and/or documents as required by the Organizers at the time of Meet & Greet. Winners agree that the Organizer has the sole right to decide all matters and disputes arising from this Program and that all decisions of the Organizer are final and binding.
The prizes are personal to the Winners and are not transferrable Prizes cannot be exchanged.
Winners will be notified by phone. Notification of the Winners status must be kept confidential until the Winners are publicly revealed by the Organizer or the Winners prize will be forfeited. By meet & Greet program winner also authorizes Organizer to use the details public for its further promotions etc. At the Organizer's request, Winners must participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Organizer using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in promotional material or in any media for an unlimited period without remuneration for the purpose of promoting this Program (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Organizer.
The Organizer accepts no responsibility for any tax implications that may arise from the prize winnings. Tax is to be borne by the winner. Winners will have to bear incidental costs, if any, that may arise for redemption of the Prizes.
The Organizer reserves the right to cancel, modify, extend or withdraw the Program at its sole and absolute discretion.
Organizer shall not be liable for any loss of prize due to incorrect address or insufficiency or inaccuracy of any information provided by the winner. Organizer shall not be responsible for any loss, injury or any other liability arising out of the Program or due to participation by any person in the Contest.
Organizer shall not be liable for any loss or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
Each different UNIQUE CODE shall qualify as a separate Entry provided he has completed the loop of Q&A , In case the user has sent a new valid code without completing the loop earlier than the earlier loop will be killed & user needs to answer the fresh question pushed for the new code.
The Organizer’s decision shall be final – no correspondence shall be entered into.
Proof of electronic submission is not proof of receipt of entry. Responsibility cannot be accepted for entries delayed or not received due to transmission, network or software problems or for any other reason beyond the Organizer’s control
The participation to the contest is strictly to be entered via Mobile number only, any other mode of participation like Landline/internet or via means of any other software will be considered as invalid.
INDEPENDENT AUDITORS The Contest is being conducted under the supervision of independent firm of Chartered Accountants (‘Auditors’).
WINNER NOTIFICATIONS - The Winners will be notified / informed by telephone at the on the mobile number through which they have participated in the Contest. The Company accepts no responsibility for any variation in the value of any Prize (or any part of it). The Prizes distributed shall not be transferable or redeemable for cash. However, the Organizer reserves the right to change / exchange the Prize category or eligibility.
COMPANIES OWNERSHIP OF ENTRIES - All entries and materials submitted to the Company in connection with the Contest (collectively, "Entry Materials"), along with all copyright, trademark and other proprietary rights associated therewith, shall become the property of the Company upon submission, and the Entry Materials will not be returned to any Participant. Without limiting the generality of the foregoing, the Participant acknowledges that the Company will own all rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Entry Materials in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to the Participant or any other person or entity. The Company reserves the right to check all Entry Materials for their authenticity and reject them if not found genuine, at its sole discretion.
PARTICIPANT'S INFORMATION - Participant's Personal Identification Information ("PII") shall be collected to enable the Company to administer and promote the Contest and its Winner/s. The Company may provide the PII of the Winner/s to others assisting in this regard, including the sponsors, associates, prize suppliers and deliverers, and to authorities that regulate the Contest. If a Participant does not truthfully provide all requested PII, the Company may solely determine that such Participant shall not be eligible to win a Prize in the Contest. Any incomplete or incomprehensible entry/entries may be disqualified from the Contest at the sole discretion of the Company
DISCLAIMER - The Company, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for: any late, lost, misrouted, garbled or distorted or damaged transmissions of entries; telephone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures; any Contest disruptions, injuries, losses or damages caused by events beyond the control of the Company; or any printing or typographical errors in any materials associated with the Contest. The Company assumes no responsibility for any error, omission, interruption, defect, delay in-operation or transmission, communication line failures, theft or destruction or unauthorized access to, or alteration of entries. The Company is not responsible for any failure of any entry to be received by the Company.
INDEMNIFICATION -By participating in this Contest, you, the Participant, (and, if you are a minor, your parents or legal guardian) indemnify the Company, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Indemnified Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, non delivery, acceptance, possession, use of or inability to use any Prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. The Winners and in case of Winners being below the age of 18 years their parents or guardians may, at the absolute discretion of the Company, be required to execute a deed of release and indemnity in a form prescribed by the Company, in order to receive the Prize, all Prizes will be awarded to the parent or guardian, as the case may be, of the Winner. It is the sole responsibility of parent or guardian, as the case may be, to monitor or supervise the use of any of the Prizes received by the Winners.
TERMINATION / SUSPENSION - The Company has the sole right to suspend, alter, postpone, cease, close withdraw or terminate this Contest at any given point of time at its sole option and discretion without any prior notice to any person whatsoever. Upon such premature suspension, cessation, withdrawal, termination or closure of the Contest by the Company, no person shall be entitled to claim loss of any kind whatsoever.
COPYRIGHT NOTICE - The Contest and all accompanying materials and/or information received are copyrighted by the Company its licensees and/or sponsor of the Contest. All rights reserved by the Company, its licensees and/or sponsor of the Contest.
MISCELLANEOUS - The Contest and these Terms & Conditions will be governed, construed and interpreted under the laws of India. Participants agree to be bound by these Terms & Conditions and by the decisions of the Company, which are final and binding in all respects. The Company reserves the right to change these Terms & Conditions at any point of time, in its sole discretion, and to suspend or cancel the Contest or to restrict any Participant's participation in the Contest for any reason whatsoever, including but not limited to reasons of infection by viruses, bugs, unauthorized human intervention or other causes beyond the Company's control affecting the administration, security or proper play of the Contest or the Company otherwise becomes (as determined in its sole discretion) incapable of running the Contest as planned. Participants who violate these Terms & Conditions, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to the Company, the Contestants or any other Participant (in each case as determined in Company's sole discretion) are subject to disqualification from entry into the Contest. The Company reserves the right to lock out persons whose eligibility is in question or who have been dis-qualified or are otherwise ineligible to enter the Contest without any notice to any such person whatsoever. The Contest Organizer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Contest Organizer is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by the Contest Organizer on account of technical problems or traffic congestion on the Internet or at any website, or any combination of them, including any injury or damage to any participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest. . All participants and winners waive any and all rights of claim with regard to promotion against GSKCH. CAUTION: any attempt to deliberately damage any website or the information on a website, or to otherwise undermine the legitimate operation of this Contest, may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Contest Organizer reserves the right to seek damages to the fullest extent permitted by law. The Contest does not require permits from any relevant authority. Contest Organizer will not be liable for any damage or loss (including but not limited to indirect or consequential loss) arising from personal injury or death, or loss of, or damage to property, which is suffered or sustained in connection with the Contest or the Prize.
DISPUTE RESOLUTION - These Terms & Conditions (and any dispute, difference, proceedings or claim of whatever nature arising out of or in connection with these Terms & Conditions) shall be governed by, and construed in accordance with, the laws of India including tax laws, rules and regulations as may be applicable and shall be subject to the exclusive jurisdiction of the Courts/ Tribunals in Gurgaon only, irrespective of whether Courts/ Tribunals in other areas have concurrent or similar jurisdiction.
NOTE: NONE OF THE ABOVE PARAGRAPHS LIMITS ANY OTHER