TERM & CONDITIONS
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THIS COMPETITION KNOWN AS “DEAL4 WHEELER” OR “DEAL4 WHEELER”. BY PROCEEDING WITH PLAYING THE DEAL AND DRIVE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT PARTICIPATE IN THE DEAL 4 WHEELER.
PRELIMINARY
This Deal 4 Wheeler (hereinafter referred to as the (“Competition”) is conceptualized, organized and conducted by myntramart.com/, a firm incorporated under the Companies Act, 2013 and having its registered office at India (hereinafter referred to as or “Organizer’’), for Organizer reserves the right to cancel, extend or shorten the Promotion Period, as it deems fit, from time to time without prior notice.
A Frequent Buyer(s) means a person who is a regular purchaser of goods from myntramart.com on multiple visits (either Physical or Computerized), and builds up points entitling them to reduced prices and free items
A Frequent Buyer(s) by participating in the Competition, hereby agrees to the Terms and Conditions mentioned below and gives his/her irrevocable consent to the procedure for winner selection of the Competition as set out herein, and any appropriate changes that may be made to this Competition by the Organizer including due to any legal or regulatory requirement, instructions from any judicial or a quasi-judicial body or due to any natural calamity beyond the reasonable control of Myntra Mart, their affiliates and associates or for any reason whatsoever.
For the purposes of these Terms and Conditions, wherever the context so requires “You” or “Your” shall mean any natural person who is a Frequent Buyer of Myntramart.com and the Terms and Conditions of the Win a Car Contest shall be deemed to be incorporated herein.
Please note that participating or playing this Competition is optional for the Frequent Buyers, however, from the date of commencement of this Competition till the end of the Competition or un-subscription from the Competition, whichever is earlier, the members will be charged in accordance with these Terms and Conditions.
Also, by participating in this Competition, You:
Warrant that You have read, understood and agreed to conform to these Terms and Conditions;
Warrant the accuracy, truthfulness and prevalence of all information that You may have submitted;
Agree that You are entering into this Competition as an independent party and nothing herein establishes an employer-employee relationship between You and Organizer.
Agree that You are acting voluntarily, using Your own time and resources to participate in the Competition, solely at Your own risk;
Warrant that prior to playing the Competition, it shall be deemed that You have read, understood and have agreed to be bound by the Terms and Conditions; and
Confirm and undertake that You will make an informed choice regarding the option to play through Voice or SMS and after understanding the implications of the same.
Participation in the Competition will be construed as an acknowledgement and acceptance of the Terms and Conditions set out herein.
PROCEDURE AND ELIGIBILITY TO PARTICIPATE IN THE COMPETITION
This Competition is valid for Subscribers who fulfill the following criteria:
He/she must be of at least 18 years of age;
He/she must be a resident of India;
He/she must be an active Buyer of myntramart.com
He/she must not have been subject of any criminal proceeding;
He/she must not have been either convicted and / or prosecuted for commission of any criminal offence nor be of an unsound mind; and
He/she must not be under any legal disability e.g. insolvency, restraint by court orders etc. and / or is prohibited from entering any contractual relationship.
DISQUALIFICATIONS
Employees (and their Immediate Families) of the Organizer, associated companies, agencies and retail sponsors are ineligible to enter.
Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
SUBSCRIPTION TO WIN A CAR CONTEST
To receive one initial entry into the promotion, eligible individuals must, during the Promotional Period, register and activate their membership for the Win a Car Contest by either completing and surrendering the sign up form at Myntramart (and following the instructions provided to activate) or by visiting www.myntramart.com following the prompts to the registration and activation form, filling in form and submitting as instructed. To be valid, all details on the physical and/or online form must be complete and the form must be the official registration and activation form. Incomplete, incomprehensible and illegible entries will be deemed invalid and will not be included in the draw. Only one registration form (and one initial entry) will be permitted per person.
The prize draw from all entries received during the Promotional Period will take place at on the depend on contest′ at the Organizer’s offices nominated in clause A. The first valid entry drawn will win the prize consisting of a “Renault kwid”.
The winner must collect the prize from the dealership nominated by the Organizer.
If the winner is under the age of 16 years, the prize may be awarded to the winner’s parent on the winner’s behalf, at the Organizer’s discretion.
If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration.
The Organizer takes no responsibility for any such arrangements between the winner and the assignee.
The winner must provide the Organizer with certified copies of all required documentation as required by the Organizer before the car is awarded. It is a condition of accepting the prize that the winner (or a representative of the winner/the winner’s parent/legal guardian if the winner is under the age of 18) may be required to sign a legal release in a form to be determined by the Organizer in its discretion.
The winner will be notified on the day of the draw, by telephone or email. The Organizer will continue to attempt to contact the winner until 4:00 pm IST on the day which is 11 days after the draw. If the Organizer is unable to contact them, a re-draw will be conducted at the same time and place as the original draw on the day that is 12 days after the original draw. Any winner in such a draw will be notified by telephone or in writing.
The draw and the Organizer’s decisions will be final and no correspondence will be entered into.
Prize must be taken as offered. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be redeemed for cash.
EXCLUSIONS
Prize does not include comprehensive insurance, petrol, any mechanical, body or paint repairs made from the date of redemption, optional extras and any ancillary costs associated with redeeming the prize. These are the responsibility of the winner. The winner will be responsible for any expenses incurred in getting to and from the nominated dealer to collect the prize. Please allow up to 6 months from date of winner notification for delivery of prize.
MISCELLANEOUS
If the winner is unable to collect the vehicle from the nominated dealership, the winner shall incur costs if needed of transporting the vehicle, from the nominated dealership to an alternate prize claim point as nominated by the winner and deemed acceptable by the Organizer and the prize supplier. Any costs associated with the transport of the vehicle to an alternate location will be the responsibility of the winner.
Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Organizer. A request to access or modify any information provided in an entry should be directed to Organizer. To contact the Organizer, email support@myntramart.com
The nature of the competition is game of chance. Every valid entry has a fair and equal chance of winning.
Please note that myntramart.com will not be responsible for any issues or costs associated with accessing the internet for the purpose of entering the competition.
No responsibility can be accepted for entries not received for whatever reason.
The Organizer reserves the right, at any time, to verify the validity of entries and entrants (including identity, age and residency) and reserves the right, in its sole discretion, to disqualify any individual who the Organizer has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardize fair and proper conduct of the promotion. Errors and omissions may be accepted at the Organizer’s discretion. Failure by the Organizer to enforce any of its rights at any stage does not constitute a waiver of those rights. The Organizer’s legal rights to recover damages or other compensation from such an offender are reserved.
If there is a dispute as to the identity of an entrant, the Organizer reserves the right, in its sole discretion, to determine the identity of the entrant.
If for any reason a winner does not take the prize (or an element of the prize) by the time stipulated by the Organizer, then the prize (or that element of the prize) will be forfeited.
The participants consents to the Organizer using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products and services manufactured, distributed and/or supplied by the Organizer.
If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organizer, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate without prior notice.
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the Consumer Protection Act, 1986 or similar consumer protection laws in India (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Organizer (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Organizer (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Organizer’s control); (b) any theft, unauthorized access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Organizer) due to any reason beyond the reasonable control of the Organizer; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) taking or use of the prize.
As a condition of accepting the prize, the winner must sign any legal documentation as and in the form required by the Organizer, including but not limited to a legal release and indemnity form.
The Organizer collect personal information (“PI”) in order to conduct and administer the promotion and the Programme and may, for this purpose, disclose such PI to third parties, including but not limited to related entities, agents, contractors, service providers, employees and, if required, to any Indian authorities.
Participation in the promotion and Programme is conditional on providing the requested PI. The Organizer may also, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrants.
Full details on how the Organizer may use and handle PI is set out in their Privacy Policy, which can be viewed at www.myntramart.com/privacypolicy The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how they may complain about a breach of the Indian Privacy Principles or any other applicable law and how those complaints will be dealt with.All registrations/entries become the property of the Organizer. Unless otherwise advised, the Organizer will not disclose entrant’s personal information to any entity outside of India.
All the disputes regarding the All the disputes related to the Contest shall subject to Conciliation under Arbitration & Conciliation Act 1996. The Conciliator shall be appointed by the Company at its sole discretion and the suggestions of the Conciliator shall be binding on the parties. However, in case any of the party(s) is willing to initiate legal proceedings, the same shall be subject to the EXCLUSIVE jurisdiction of Court(s) at NEW DELHI.
20. Notwithstanding anything contained in these Terms and Conditions, If any of the clause of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, in such a case that clause shall be deemed to be severable from all the remaining clauses and shall not affect the validity and enforceability of the remaining clauses.
This electronic record is generated by a computer system and does not require any physical or digital signatures.