Terms & Conditions – Monsoon Engagement Activity
1.1 Goodyear India Limited (hereinafter referred to as “Goodyear”) is conducting a Contest on Facebook called Monsoon Engagement Contest where Participant(s) can participate by sending in the stories of their drives in the rain with photographs or videos on Monsoon Engagement Contest post made by Goodyear. Participant(s) can also tag their friends in the photos posted by them. The most creative stories given by the Participant(s) will win prize(s) (hereinafter referred to as “Awardee” or “Winner”) (hereinafter referred to as “Contest”)
1.2 Goodyear reserves the right to open this contest through other media, including but not limited to, T.V., print and other electronic media.
1.3 “Participant” shall be the person who qualify the eligibility criteria (for eligibility, refer Clause 3) and also who voluntary participate in the Contest. By participating in this Contest, Participant(s) unconditionally and irrevocably accepts and agrees to be bound by all these Terms and Conditions (hereinafter referred to as “T&Cs”) as well as the Terms and Conditions of Facebook.”
1.4 Goodyear reserves all rights to change, modify or alter these T&Cs at any point of time. These T&C constitute the comprehensive T&C of the Contest and all Participant(s) are bound to comply with the T&Cs. Any non-compliance with the same may disqualify the Participant(s) from participating in the Contest. Goodyear reserves the right to alter these T&Cs without any further notice as Goodyear may deem fit in its sole and absolute discretion. No communications/correspondences will be entertained by Goodyear on account of the aforementioned alterations/ modifications or otherwise.
1.5 Participant(s) shall be deemed to have a notice of any such amendments or interpretations upon publication of the same on Facebook and shall be deemed to have accepted such amendments or interpretations by virtue of Participant continued participation in this Contest. If a Participant does not wish to continue to participate in this Contest pursuant to the prevailing T&C as amended or interpreted, Participant may terminate participation in this Contest upon written notice to Goodyear via message through Facebook/Email.
1.6 All decisions of Goodyear in any matter under these T&Cs shall be final and no discussion or correspondence will be entertained.
1.7 A failure by Goodyear to enforce any of these T&Cs in any instances will not give rise to any claim by any person.
1.8 Nothing herein amounts to a commitment or representation by Goodyear to conduct further similar or other contests.
1.9 This is an electronic document and does not require any digital or physical signature.
2. CONTEST PERIOD
2.1 The contest period starts from 28th July 2016, 11.00 am till 4th August 2016, 6.00pm (hereinafter referred to as “Contest Period”).
2.2 Goodyear may in its absolute discretion curtail or extend the Contest Period, as it may deem necessary.
3. ELIGIBILITY CRITERIA FOR PARTICIPANT(S)
3.1 The Contest is open to all Indian nationals having residence in India (within the reach of courier facility) and having Valid & authentic Facebook Account. Further, the responsibility of ensuring correctness and authenticity of the story lies with the Participant ONLY.
3.2 All Participant(s) must be of 18 years and above at the date of beginning of this Contest and if requested will be required to provide an evidence of the same.
3.3 Employees of Goodyear or any of its affiliates and relatives of Goodyear‘s associates and its respective sponsors are not eligible to participate in this contest.
4. PARTICIPATION & PRIZES
4.1 Participation in this Contest shall be in the following manner:
Participant(s) can participate by sending in their stories of their drives in the rain with photographs or videos on Monsoon Engagement Contest post made by Goodyear. Participant(s) can also tag their friend(s) in the photos posted by them. The most creative stories selected at the sole discretion of Goodyear, will win prizes which will be given to the Participant with the best selected story (hereinafter referred to as “Awardee”).
4.2 Through this contest, participants stand a chance to win a Flipkart Vouchers worth Rs. 1000 (herein referred as “Prize”).
4.3 There will be a total of 10 Winners on Facebook.
5. PARTICIPANT’S CONSENT
5.2 The Participant(s) also acknowledge that Goodyear may use and/ or provide PII of the Participant(s) or of any other person as provided by the Participant(s), to the concerned third party(s) from time to time for the purpose of this Contest or otherwise.
5.3 The Participant(s) also acknowledges that he/she shall be personally liable for the disclosure of Participant’s or Awardee’s PII to Goodyear and Goodyear shall be not be liable for the use of such information by any person. The Participant shall keep Goodyear indemnified in this regard.
6. GENERAL CONDITIONS
6.1 The Goodwill of Goodyear are paramount and it may, at its sole discretion require Participant(s) to cease to have any involvement in the Contest if it believes it is in the best interests of Goodyear to do so.
6.2 Participant(s) shall not upload, distribute or otherwise publish any content which may be libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or which may constitute a civil or criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law, as applicable (hereinafter referred to as “Prohibited Entries”). Goodyear reserves the right to delete any post or photograph and if required bring a suitable civil or criminal action in a court of competent jurisdiction against Participant(s) making Prohibited Entries.
6.3 Goodyear has relied on the accuracy and truth of such representations and warranties in granting a place to the Participant(s). Should Goodyear or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Contest or otherwise, or any act or omission which might have (in Goodyear’s opinion) an adverse effect on the Contest, Goodyear reserves the right to forfeit the Participant(s) place in the Contest without giving any reason and without notice.
6.4 Goodyear will not be legally bound by any act /omission of the Participant(s) which might bring it into disrepute.
6.5 Incomplete or indecipherable entries will be considered void, as per absolute discretion of Goodyear.
6.6 All the entries are to be made in English language only and entries in any other language will be considered void.
6.7 Usage of multiple accounts by the Participant(s) for making entry(s) and/ or generating votes is strongly discouraged and Goodyear reserves the right to disqualify such Participant(s) from the Contest.
6.8 Goodyear shall not be responsible for any consequences arising out of any error in the details provided by the Participant(s) for the purpose of this Contest, including verification and as specified in these T&C.
6.9 The winning entries will be shortlisted once the contest is over and all the Winners must meet the eligibility requirements set forth in these rules, and sign an affidavit of eligibility, liability and publicity, in order to qualify for the prize(s).
6.10 The shortlisted entries will be scrutinized thoroughly for quality before declaration of any content as the winning entries.
6.11 The selected winning Participant’s names will be announced in a Facebook update or through a personal message to the Participant on Facebook or through an image displaying the Winner names on the Goodyear’s. Facebook page. at a time and date which Goodyear deems suitable.
6.12 “The selection of Winner(s) shall be at the sole discretion of Goodyear and the decision will be final and binding to all the Participants.”.
6.13 “Winners needs to provide their email address through a Direct Message to the Goodyear’s Facebook page, or in an email to firstname.lastname@example.org within 7 days from the date of announcement of the Winners. After receiving the details from the Winner, Goodyear will send a personal message to the Winner via Participant’s Facebook account or through electronic mail, in order to verify the details.”.
6.14 All the submissions by the Participant(s) shall become the property of Goodyear, who may use Participant(s) Personal Identifiable Information (“PII”) and / or other submissions for future promotional and marketing activities of Goodyear and it’s Group/Associate Companies.
6.15 By participating in the Contest, Participant(s) agree that Goodyear and its affiliated companies may use their name, likeness, city, country, Entry and/or other information in connection with the Contest, worldwide, in all media now known or hereafter developed, without limitation and without further payment or consideration, except where prohibited by law.
6.16 Acceptance of any prize shall constitute and signify Winner’s agreement and consent that Goodyear and its affiliated companies may use the Winner’s name, city, country, likeness, Entry and/or prize information in connection with the Contest, on a worldwide basis, including the Internet and in all media now known or hereafter developed, without limitation and without further payment or consideration, except where prohibited by law.
6.17 Goodyear shall evaluate all submissions for the purposes of this Contest, including verification and as specified in these T&C.
6.18 Goodyear will deliver the promised prize to the Winners on the email address which they have shared with Goodyear. If a Winner changes Participant’s email address after sharing the same, it will be considered as `failure to contact’, after which the concerned prize will be awarded to any other Participant who shall be selected solely at the discretion of Goodyear.
6.19 In an event where a participant is chosen a Winner on more than one platform, he will be awarded only one prize, which will be the highest valued prize that he has won across the platforms he participated in.
6.20 The Winner shall receive the prize through email at the email address as provided by the Winner to Goodyear. The Winner to acknowledge the same and reply in the prescribed format ensuring legal release of Goodyear from all the obligations with respect to this Contest.
6.21 Three attempts will be made to get in touch with the Winner(s) of the contest. Records for the same will NOT be shared with the Winner(s). In case all three attempts fail, the prize(s) will be awarded to any other Participant(s) who shall be selected solely at the discretion of Goodyear.
6.22 In case a Winner is unable to take the prize won due to any reason, another Winner shall be selected solely at the discretion of Goodyear.
6.23 All claims arising out of Flipkart voucher shall be settled with Flipkart. Goodyear shall not be responsible or liable for any such claims.
6.24 Request for exchange or cash in lieu of any of any of the Prizes will not be entertained and other Prizes which are not redeemable for cash/ transferable/ extendable. The Winner shall indemnify Goodyear against any such claims/levies.
6.25 In the event where any Participant(s) becomes the Winner of the Contest, such Participant also undertakes to do any and/or all acts, deeds, matter or things and further execute any and all documents in such manner and at such locations as may be required by Goodyear in its sole and absolute discretion.
6.26 Goodyear under no circumstances would be responsible or liable to compensate a Winner or accept any liability for inability of the Winner to receive the Prize for any reasons attributable to the non-compliance of the T&Cs by the Winner and / or non-compliance of the requirements laid down by Goodyear.
6.27 Goodyear accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entry(s) made by the Participant(s) whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure, virus attack, unauthorized data hacking, data corruption, software or hardware failure or any other cause whatsoever.
6.28 Goodyear may, in its sole discretion, disqualify any Participant(s), and prohibit further participation in this Contest by and any future contests, any Participant who tampers with or benefits from any tampering with the process or with the operation of this Contest or acts in violation of these T&C, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
6.29 The decision of Goodyear in general with respect to this Contest and the T&Cs thereto shall be final and binding on all the Participant(s) and no communication shall be entertained in this regard at any time.
6.30 All queries must be addressed to Marketing department, Goodyear India Limited, 1st Floor, ABW Elegance Tower, Plot No. 8, Commercial Centre, Jasola, New Delhi – 110 025 or email@example.com.
6.31 If for any reason any aspect of this Contest is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of Goodyear. which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Goodyear may cancel, terminate, modify or suspend this Contest, or invalidate any affected submissions and the Participant(s) shall not hold Goodyear liable for the same.
6.32 Goodyear will not be liable for any loss, damage or cancellation of this Contest caused by events beyond their reasonable control including war, natural calamities, floods, riots, hacking etc.
6.33 In addition to these general T&Cs, other conditions specific to the contest may be imposed by the manufacturers.
6.34 In no event shall Goodyear be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Goodyear has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Participant(s) shall, before submitting the entry(s), undertake that any Intellectual Property resting in the entry(s) is free from third party ownership and is the self-creation and original work of the Participant(s).
7.2 The Participant(s) grants and assigns to Goodyear the entire copyright and other intellectual property rights in the entry made for this Contest and Participant(s) involvement in the Contest (including, without limitation, all interviews, pictures, audio, audio-visual, whether the Participant(s) appearance is featured or incidental) in all media and technology,
7.3 Goodyear shall have the unconditional and irrevocable right to amend or otherwise adapt such entry(s) and/or use such entry(s) in conjunction with any other material and to use, distribute and/or publish such entry(s) in all media and all formats, and to licence any other persons to do so, in each case for such purposes as Goodyear may in its absolute discretion determine.
7.4 Participant(s) confirm that the use by entry(s) submitted will not infringe any third party rights and shall indemnify Goodyear for any loss, damage or liability arising in connection therewith.
7.5 Participant(s) represent and warrant that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions in respect of the same.
7.6 For the avoidance of doubt, all rights in the name and title of the Contest and the format rights for the Contest will vest exclusively in Goodyear for its own use (in its absolute discretion) or use by its associate companies
8. GOVERNING LAW AND JURISDICTION
All disputes arising out of or in connection with or in relation to this Contest shall be governed and construed in all respects in accordance with the laws of Republic of India and the courts at New Delhi shall have the exclusive jurisdiction to entertain any dispute.
9.1 All disputes, differences or disagreements arising out of or in connection, with or in relation to Contest shall be mutually discussed and settled between the Parties.
9.2 All disputes, difference or disagreement arising out of in connection with or in relation to this Contest, which cannot be amicable settled within 30 days in accordance with clause 9.1, shall be finally decided by arbitration to be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
9.3 The venue of arbitration shall be New Delhi and the language of Arbitration shall be English.
9.4 Any such arbitration shall be conducted by a three member arbitral tribunal with each of the parties appointing their respective arbitrator and the two arbitrators so appointed shall appoint the presiding arbitrator. The award of the proceedings shall be in English.
9.5 The arbitration shall state reasons for their findings in writing and shall specify the basis for any damage and the types of damages awarded.
9.6 The decision of the arbitration shall be final and binding on the Parties.