Terms & Conditions – Product Review Campaign
1.1 Goodyear India Limited (hereinafter referred to as “Goodyear”) is conducting a Product Review Campaign on Facebook called Product Review Campaign where Participant(s) can participate by filling the product review form on Facebook made by Goodyear. The prize shall be given to the person who fills and submits the product review form completely and gives meaningful feedback (hereinafter referred to as “Product Review Campaign”).
1.2 Goodyear reserves the right to open this Product Review Campaign through other media, including but not limited to, T.V., print and other electronic media.
1.3 By participating in this Product Review Campaign, 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.
1.4 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 Product Review Campaign and all Participant(s) are bound to comply with the same. Any non-compliance with the same may disqualify the Participant(s) from participating in the Product Review Campaign. 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 his/ her continued participation in this Product Review Campaign. If a Participant does not wish to continue to participate in this Product Review Campaign pursuant to the prevailing T&C as amended or interpreted, he/she may terminate participation in this Product Review Campaign upon written notice to Goodyear via message through Facebook.
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 Product Review Campaigns.
1.9 This is an electronic document and does not require any digital or physical signature.
2. PRODUCT REVIEW CAMPAIGN PERIOD
2.1 The Product Review Campaign period starts from 16th May 2016, 2 pm till 16th June, 2016, 6 pm (hereinafter referred to as “Product Review Campaign Period”).
2.2 Goodyear may in its absolute discretion curtail or extend the Product Review Campaign Period, as it may deem necessary.
3. ELIGIBILITY CRITERIA FOR PARTICIPANT(S)
3.1 The Product Review Campaign is open to all Indian nationals having residence in India only.
3.2 All Participant(s) must be of 18 years and above at the date of beginning of this Product Review Campaign 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 and its respective sponsors are not eligible to participate in this Product Review Campaign.
4. PARTICIPATION & PRIZES
4.1 Participation in this Product Review Campaign shall be in the following manner:
Participant(s) can participate by filling and submitting their review on the product review form made by Goodyear. All the meaningful and complete reviews submitted will be selected at the sole discretion of Goodyear; will win prizes which will be given to the participant
4.2 Through this Product Review Campaign, participant stands a chance to win one Flipkart voucher worth Rs. 200. The type and value of the prize shall be at the sole discretion of Goodyear
4.3 There will be a total of up to 200 Winners.
4.4 Winners are solely responsible for all taxes payable as a result of a Prize being awarded or received.
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 Product Review Campaign or otherwise.
5.3 The Participant(s) also acknowledges that he/she shall be personally liable for the disclosure of his or any other person’s PII to Goodyear and Goodyear shall 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 Interests and Goodwill of Goodyear are paramount and it may, at its sole discretion require Participant(s) to cease to have any involvement in the Product Review Campaign 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 Product Review Campaign or otherwise, or any act or omission which might have (in Goodyear’s opinion) an adverse effect on the Product Review Campaign, Goodyear reserves the right to forfeit the Participant(s) place in the Product Review Campaign 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 Product Review Campaign.
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 Product Review Campaign, including verification and as specified in these T&C.
6.9 The winning entries will be shortlisted once the Product Review Campaign 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 contacted through a message on their Facebook page at a time and date which Goodyear deems suitable.
6.12 The panel of judges will be selected by Goodyear at its sole discretion whose decision will be final and binding.
6.13 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.
6.14 By participating in the Product Review Campaign, 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 Product Review Campaign, worldwide, in all media now known or hereafter developed, without limitation and without further payment or consideration, except where prohibited by law.
6.15 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 Product Review Campaign, 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.
6.16 Goodyear shall evaluate all submissions for the purposes of this Product Review Campaign, including verification and as specified in these T&C.
6.17 Goodyear will deliver the promised prize to the Winners on the address which they have shared with Goodyear. If a Winner changes his/her 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.
6.18 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 on
6.19 The participant(s) may be required to sign a form of legal release to be determined by Goodyear in its absolute discretion. The prizes would be handed over to the Winners on proper identification and verification. Where passport 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.
6.20 Three attempts will be made to get in touch with the Winner(s) of the Product Review Campaign. 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.
6.21 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.
6.22 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 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.
6.23 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.
6.24 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.
6.25 In the event where any Participant(s) becomes the Winner of the Product Review Campaign, 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 Product Review Campaign by and any future Product Review Campaigns, any Participant who tampers with or benefits from any tampering with the process or with the operation of this Product Review Campaign 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 Product Review Campaign 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 Product Review Campaign 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 Product Review Campaign, Goodyear may cancel, terminate, modify or suspend this Product Review Campaign, 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 Product Review Campaign 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 Product Review Campaign 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 Product Review Campaign and his/ her involvement in the Product Review Campaign (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 license 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 Product Review Campaign and the format rights for the Product Review Campaign 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 Product Review Campaign 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 Product Review Campaign 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 Product Review Campaign, 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 arbitrary 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.