NEW YEAR CONTEST – TERMS & CONDITIONS
1.1 Goodyear India Limited (hereinafter referred to as “Goodyear”) is conducting an online Contest on Facebook called New Year Contest (hereinafter referred to as “Contest”)
1.2 The Participant(s) can participate in this Contest by doing the following – playing the ‘New Year Game’ posted by Goodyear on its Facebook page. Participant(s) must also like the Goodyear Facebook page and use the text #GoodyearIndia while sharing their scores. The participant would have to complete the New Year game, for which the participant has to drive the car displayed on the start line of the game in the track/circuit appearing & reach the finish line in the shortest possible duration in order to qualify to the winners list.
1.3 Goodyear reserves the right to open this contest through any other platform.
1.4 By participating in this Contest, Participant(s) (for eligibility, refer Clause 3) 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.
1.5 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.
1.6 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 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.
1.7 All decisions of Goodyear in any matter under these T&Cs shall be final and no discussion or correspondence will be entertained.
1.8 Any failure by Goodyear to enforce any of these T&Cs in any instances will not give rise to any claim by any person.
1.9 Nothing herein amounts to a commitment or representation by Goodyear to conduct further similar or other contests.
2.0 This is an electronic document and does not require any digital or physical signature.
2. CONTEST PERIOD
2.1 The contest period starts from 11 am on 29th December 2016 till 5 pm on 1st January, 2017 (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.
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 If the Participant(s) is a minor or does not understand these terms and conditions, please ask a parent or guardian to explain the meaning of these T&Cs.
3.4 Goodyear reserves the right to disqualify a participant in case he or she fails to abide by any of the terms and conditions as stated herein.
3.5 Employees of Goodyear or any of its affiliates and relatives of Goodyear are not eligible to participate in this contest.
4. PARTICIPATION & PRIZES
4.1 Participation in this Contest shall be in the following manner:
For participation in the Contest, the Participant shall open the Goodyear’s Facebook page by logging in through their Facebook account.
Participant(s) can participate in the Contest by completing the circuit shown in the game. The winners would be declared based on the minimum time taken to reach the finish line shown in the New Year game.
Participant(s) must also like the Facebook’s Goodyear JoyOfJourney page use #GoodyearIndia while sharing the scores on their FB wall.
Out of all the Participants who are successfully able to complete the circuit, with Goodyear New Year contest, top 20 winners will be selected based on the shortest time taken to complete the circuit.
4.2 Through this contest, participant(s) stand a chance to win ‘Lee Cooper Bags’ OR ‘Flipkart Vouchers’ OR other exciting prizes like ‘Lunch Boxes’.
4.3 There will be 20 winners (hereinafter referred as “Winner”/ “Awardee”) from the contest (29th December, 2016 to 1st January, 2017). Contestants stand a chance to win the contest only once during the entire contest period.
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 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 any content on Goodyear’s Facebook page 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 such 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 Partially cut, edited or morphed pictures in the posts will not be considered, as per absolute discretion of Goodyear.
6.6 All the posts made on Goodyear’s Facebook page before 11.00 am on 29th December 2016 and after 5.00 pm on 1st January 207 will not be considered.
6.7 All the posts are to be made in English language only and entries in any other language will be considered void.
6.8 Usage of multiple accounts by the Participant(s) for uploading posts is strongly discouraged and Goodyear reserves the right to disqualify such Participant(s) from the Contest.
6.9 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.
6.10 The winning posts will be awarded on the date and time mentioned in clause 6.12 below, 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).
6.11 The winning entries will be scrutinized thoroughly for quality before declaration of any content as the winning entries.
6.12 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 Goodyear’s. Facebook page by 10th January 2017.
6.13 The panel of judges will be selected by Goodyear at its sole discretion whose decision will be final and binding.
6.14 Winners need to send in their contact details (name, e-mail id & phone number), through a Direct Message to Goodyear’s Facebook page, or in an email to firstname.lastname@example.org within 2 days from the date of announcement of the Winners. After receiving the details from the Winner, Goodyear will sent a personal message to the Awardee via Facebook or through electronic mail, in order to verify the details of such person.
6.15 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 its Affiliate Companies.
6.16 By participating in the Contest, Participant(s) agree that Goodyear and its affiliated companies may use their name, 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.
6.17 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, 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.
6.18 Goodyear shall evaluate all submissions for the purposes of this Contest, including verification as specified in these T&C.
6.19 Goodyear will deliver the promised prize to the Winners on the address which they have shared with Goodyear. If a Winner changes its 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.
6.20 In an event where a Participant is chosen a Winner on more than one platform, he will be awarded only one prize.
6.21 The prizes would be delivered to the Winners on proper identification and verification. Where any government identity proof like (Passport/Driving License/Adhar Card/Pan Card) is the requisite proof of identification and the same is not furnished to Goodyear, then the Prize will lapse. No claims/communication/correspondence shall be entertained in this regard.
6.22 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.
6.23 In case a Winner is unable to take the prize won due to any reason, another Participant shall be selected as a Winner solely at the discretion of Goodyear.
6.24 Goodyear will not be responsible for any manufacturing or any other defects of any of the product(s) claimed as a Prize, including but not limited to, the quality of service provided by the manufacturers. The Winner(s) must deal directly with the manufacturers/ Service Provider for all such issues. Goodyear or the panel of judges shall not entertain correspondence / claim regarding the same nor shall be liable for any claims of any nature.
6.25 Request for exchange or cash in lieu 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.
6.26 Goodyear holds no warranty and makes no representation regarding the quality of any of the Prizes. All the Prizes will fall under the standard terms and conditions for warranty as defined by the concerned Company by whom the Prizes is/ are manufactured. Winners of the Prizes shall be bound by the terms and conditions as communicated to them by the respective manufacturers.
6.27 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.
6.28 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.
6.29 Goodyear accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected post(s) made by the Participant(s) on Goodyear’s Facebook page 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.
6.30 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.
6.31 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.
6.32 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.
6.33 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.
6.34 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.
6.35 In addition to these general T&Cs, other conditions specific to the contest may be imposed by the manufacturers.
6.36 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 The Participant(s) acknowledges and agrees that all the copyright, design rights, database rights and other rights in this Contest, including but not limited to, images, graphics, video, software or other material contained herein are intellectual property of Goodyear
7.2 The Participant(s) are not authorized to display, publish, copy, print, post or otherwise use the intellectual property rights of Goodyear for the benefit of any third party or website and shall not copy, reproduce, transmit, distribute or create derivative works of such content or information.
7.3 For avoidance of any doubt, all rights in the name and title of the “New Year Contest” activity and the format rights for the same will vest exclusively in Goodyear for its own use or use of its associate companies.
7.4 The Participant(s) shall not:-
- hack or attempt to hack, distribute, modify, transmit, re-use, re-post or use any or all parts of them or information contained herein for any purpose.
- Make any commercial use.
- Process or otherwise use the information contained on or within for any illegal or immoral purpose or use or process the same unfairly.
7.5 The provisions of this clause shall survive even after the expiry of the Contest Period.
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.