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TERMS AND CONDITIONS
The following are the terms and conditions ("
Terms and Conditions
") binding on each and every participant ("Participant" or "You" or "Your") who voluntarily agrees to participate in the "The India I Have Seen" (hereinafter referred to as the "Contest") hosted by Berger Paints India Limited ("
") and held only on its contest microsite i.e. URL:
The India I Have Seen
The Contest mechanism shall be governed by the Principal Rules and General Rules stated herein.
The Contest shall be hosted on the Platform. The Contest shall commence on Friday, 15th August, 2014 and will close on Monday, 25th August, 2014 ("Period"). Berger Paints India reserves all rights to make amendments to the Period or such other terms and conditions stated herein in its sole discretion, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions for the Contest on the Platform from time to time. Berger Paints India also reserves the right to cancel and/or postpone the Contest in its sole discretion without any prior intimation to the Participant(s).
To participate in the Contest, all persons interested in participating shall be required to do the following :
and click on the relevant page/tab of the Contest on the Platform or in any other manner or form as may be prescribed /requested on the Platform. For the purpose of participating in this Contest and to be eligible for Prizes (defined below), it is mandatory that the interested Participant(s) have a valid and subsisting Facebook account in his /her own name and must be residing in India during the Period of the Contest. On clicking on the relevant tab page of the Contest, the Participant(s) will be taken to the welcome page, where the Participant(s) will get to know about the Contest and the corresponding rules, regulations, instructions and information on how to participate in the Contest.
The microsite will comprise of an interactive timeline that would enable the Participants s to explore the path of India's progress, since the day they were born. They can also share this timeline with their Facebook friends.
In order to participate in the contest, Participants need to enter their age, log in via Facebook and share the link of their interactive timeline with their Facebook friends. There will be a total of 5 Winners, who will be selected at the end of the contest period on 25th August, 2014.
Out of all the participants who successfully create their interactive timeline and share it with their Facebook friends, 5 lucky winners will be selected at the end of the contest period.
Participation in the Contest after the Period and/or Answers sent after the Period will not be considered for the Contest and shall be deemed null and void.
The Prizes shall be sent to the address shared by the Participants in his/her revert to the calls made on the number shared by them. The Participant(s) agrees and confirms that Berger India shall not be responsible and/or liable for any inaccuracy/ falsity/ deficiency in the address supplied by the Winners and as the case may be, and that it is the sole responsibility of the Winners to supply correct/ complete/ accurate contact details.
For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest including selection of the Winners and/or the selection process to qualify for the Contest, the decision of Berger India shall be final and binding.
The Winner agrees and undertakes that they shall not at any time be entitled to dispute and/or challenge the contents/ adequacy/ sufficiency of the Prize, as the case may be, and the same shall be subject to the sole discretion of Berger India.
To the extent permissible under applicable laws, no dispute of any nature whatsoever, with regard to the selection procedure of the Winners, criteria of selection, any aspect of the Contest shall be raised by the Participant(s) and/or any family member(s) of the Participant(s) at any point of time during and after the Contest.
The Participant(s) agree and confirm that all rights, title, and interest in and to the Program, the Contest, the Questions, the Answers, and/or the Scores, are the sole and exclusive property of Berger India and are owned by Berger India throughout the world and in perpetuity. The Participant(s) further agrees and confirms that the Participant(s) shall not at any time be entitled to any rights, title and/or interest to the Program, the Contest, the Questions, the Answers and/or the Scores, and shall not at any time challenge Berger India's ownership of the same in any part of the world.
The Participant(s) / Winners shall not in any circumstances make any claims against Berger India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ Winners participation or non-participation in the Contest or any related activity. If the Participant(s)/ Winners found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Score and/or Entries will be disqualified.
The Participant(s)/ Winners shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of contest that is hosted on the microsite.
By entering the Contest, each Participant(s)/ Winner(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any). Notwithstanding the foregoing, under no circumstances will Berger India and/or Berger India entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
Berger India reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest, in the event of Participant(s)/ Winner(s) being in breach of any Terms and Conditions set out herein. Berger India reserves the absolute right and discretion to reject any "Answer(s)" or any part thereof at any stage of the Contest, including after declaring the Winners, if Berger India:
receives any notice or complaint relating to the Answer(s) not being compliant to the Terms and Conditions including alleged to be infringing any form of rights, title, interest, including rights in any form of intellectual property of any third party;
determines at its sole discretion that the Answer(s) inter alia, belongs to another person and to which the Participants does not have any right to; is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The decision of Berger India in this regard shall be final and binding upon the Participant(s)/ Winner(s).
Neither Berger India nor its employees have given a guarantee regarding the quality of the Prize, and the Winner(s) agrees not to hold Berger India and its employees, responsible with regards thereof.
Berger India shall not be responsible in the event Answer(s) are not received due to any technical error of any nature, breakdown of machinery, unclear network, disruption in the network, technical disruption and/or connection failure and/or electricity failure whatsoever and/or failure and/or any other difficulties of such nature due to which the Participant(s) is unable to participate or post his/her Answer(s) on the Platform in the Contest. For purposes of these Terms and Conditions, "receipt" of an Answer(s) occurs when the website server records the Answer(s) information upon the entrant clicking "Submit" button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Answer(s), the Participant(s) is representing that the Answer(s) or contents thereof are not confidential or comprise any sensitive personal information. Any dispute in connection to the above shall be settled between the subscribers/Participant(s)/ Winner(s) and the telecom/mobile operator directly, without involving Berger India.
The Participant(s) further represents and warrants that the Answer(s) being submitted by him/her shall be original and shall not infringe upon and/or contain any material which will infringe upon any third party rights including rights in intellectual property.
The Participant(s) must be above the age of eighteen (18) years, must be a citizen of India and must be residing within the territorial limits of India during the Period of the Contest. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
Proof of age, if requested, of the Participant(s)/ Winner(s), must be submitted to Berger India (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by Berger India to confirm the eligibility of the Participant(s) as may be required by Berger India to confirm the eligibility of the Participant(s).
Participant(s) shall provide such information as may be required by Berger India from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. Berger India also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time during the Period of the Contest and such decision shall be final and binding on the Participant(s)/ Winner(s).
Berger India reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest if his/her conduct is found not to be in concurrence with the Terms and Conditions set out herein or as may be revised by Berger India from time to time. The decision of Berger India in this regard shall be final and binding upon the Participant(s)/ Winner(s).
The Participant(s) represents and undertakes to execute and produce such further documents as may be required by Berger India in relation to the Contest.
The Winner(s) represents and undertakes to execute and produce such further documents as may be required by Berger India in relation to availing the Winner (s) herein.
The Winner(s) shall be contacted (via Intimation Email) directly through a private message on the email id through the Personal Information provided by him/her at the time of registration. Only the Winner(s) will be notified by Berger India by way of a private message through the email id provided by him/her at the time of registration. The Winner(s) shall furnish his/her information including postal address, telephone/mobile number as sought by Berger India through such private message. If the Winner(s) fails to revert within twenty four (24) hours of the Intimation Email, the Prize may automatically be transferred to the next Participant(s) with the eligible Score and/or Entry and the lowest Time. In the event the telephone/mobile number is engaged, or lines on the route are busy, or it is ringing but there is no answer, Berger India shall make a maximum of two (2) attempts (maximum one attempt per day for two consecutive days). In case any Winner(s) is unavailable on both the attempts, the selection of that Winner(s) shall be invalidated and Berger India shall automatically transfer the Prize(s) to the next Participant(s) with the eligible Score and/or Entry, and select another Winner(s). For the avoidance of doubt such choice of Winner(s) by Berger India shall be final and binding. Berger India shall not be responsible if the Winner(s) is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize(s) and such decision shall be final and binding
Berger India shall not be responsible or liable for any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which the Winner(s) is un-reachable via email (for e.g. if the email is transferred into a SPAM folder) or any technical disruption and/or connection or electricity failure/ and/ or any other difficulties of such nature, due to which Berger India is unable to intimate the Winner(s).
Berger India shall courier the Prize(s) to the Winner(s) at the addresses (in India only) as provided by them in reply to the Intimation Email sent to Winner(s) declaring them the winner(s). Berger India will not be liable for any loss or damage to the Prize(s) after dispatching the Prize(s), for example if any loss/damage etc. is caused /incurred during transit.
The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize(s) or the Program which is disclosed to the Winner(s) and which is not available to public in general, to any person or media etc. without the consent of Berger India. In case the winner(s) breaches this condition, he/she shall be liable to be disqualified/rejected and shall not be eligible for the Prize(s).
The Winner(s) further undertakes to maintain decorum and not indulge in any misdemeanour and/or substance abuse which shall cause any trouble to Berger India during the Winner(s) availing the Prize(s) in relation to the Contest.
The Prize(s) cannot be transferred, negotiated, refunded or exchanged for money etc. For the sake of clarity, there shall be no other gratification. It is clarified that Berger India is not obliged to and/or it is not necessary that the act of collection of the Prize(s) will be recorded by Berger India or will be incorporated in any audio visual program.
Berger India reserves the right to withdraw/ cancel the Prize(s) in the event it is found by Berger India or Berger India has a reason to believe that any information provided including personal information by the Winner(s) is wrong, fraudulent or any misrepresentation is made by the Winner(s). Berger India shall have the right to declare another Participant(s) with eligible Score and/or Entry and the next lowest Time as the Winner(s) of the Contest, in its sole discretion and transfer the Prize(s) to that person.
By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) has waived his/her right to raise any dispute with regard to the Contest and /or the Prize(s), in any manner whatsoever to the extent permissible under law.
All and any incidental costs direct and/or indirect, in relation to the Prize(s), shall be borne by the Winner(s) and in no manner whatsoever shall Berger India, be responsible or liable for the same in any manner whatsoever.
In case of any network failure and /or technical failure in accessing the Platform and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, Berger India reserves the right to at its sole discretion to cease from accepting Answer(s) from the Participant(s), in any manner it may deem fit and necessary. In addition Berger India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption in the internet /network services /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of Berger India and the Participant(s) shall hold harmless Berger India and its employees, officers or any other person in relation to the Contest with respect to the same.
Participant(s)/ Winner(s) shall not in any circumstances make any claims against Berger India, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Contest. If the Participant(s)/ Winner(s) are found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Score(s)/Entry(s) will be disqualified.
Each Participant(s)/ Winner(s) in consideration of being given opportunity to participate in the Contest, agrees that the Participant(s)/ Winner(s) shall hold harmless and indemnify the main sponsor, if any, Berger India, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s)/ Winner(s), in any manner whatsoever in connection with the Contest and/or the Prize(s) won and/or participation and/or availing the Prize(s) and/or any material submitted forming part of the Answer(s) and /or the Contest and/or any personal information submitted by the Participant(s)/ Winner(s) and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any microsites, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
Each Participant(s)/ Winner(s) hereby acknowledges and agrees that the relationship between the Participant(s)/ Winner(s) and Berger India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
The Participant(s)/ Winner(s) acknowledges and agrees that in case the performance of this Contest and/or availing/granting the Prize(s) cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of fifteen(15) days, then Berger India shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding on the Participant(s)/ Winner(s).
Participant(s)/ Winner(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
Participant(s)/ Winner(s) acknowledges that Participant(s)'s/ Winner(s)'s representations, warranties, indemnities, grant of rights in the Answer(s) including the Score(s) and/or the Entry(s), footage of Promotional Material and /or Contest, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
The Participant(s)/ Winner(s) shall comply with the laws of India.
The Winner(s) shall be solely responsible to avail the Prize(s).
The Winner(s) agrees that he/she shall not hold Berger India and/or their employees, responsible for delays or any problem whatsoever in connection to the Prize(s).
Employees of and/or consultants of and/or persons hired on contract by Berger India, the sponsor and the members of their immediate family are ineligible for participating in the Contest.
The Winner(s) of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Berger India and participate in any activity and/or campaign, if any ("Promotional Activity") of any nature whatsoever without any money payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) agrees, allows, grants and permits Berger India to record and/or make footage of such Promotional Activity as specified herein on film, tape, or digital or other electronic media. In consideration of an opportunity being afforded to participate in the Contest and the Prize(s), the Winner(s) agrees that the footage of any nature with regard to the Winner(s) shall vest with Berger India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and Berger India may exploit the same in any manner and in any media whatsoever at any time throughout the world.
The Participant(s)/ Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring Berger India into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/ Winner(s) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Program.
All and any incidental costs direct and/or indirect, in relation to the Prize(s), shall be borne by the Winner(s) alone.
The Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the Prize(s) shall be referred to a sole arbitrator appointed by Berger India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Kolkata, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) who has raised the dispute.
Subject to the provision of 30 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief's under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Kolkata, India.
The promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram and Twitter and participant completely releases Facebook, Instagram and Twitter from any obligation in respect of the participation to this contest. Participant acknowledges that by participating in the Contest, it is providing information to Berger India and not to Facebook, Instagram and Twitter.
Personal Information of a User(s) is collected if the User(s) registers with the microsite, accesses the microsite or takes any action on the microsite or uses or accesses the Services as defined in the Terms & Conditions.
Here are our privacy principles:
Providing information to us is your choice.
You can choose to have the Personal Information provided by You deleted.
You always have the ability to opt-out of receiving communications from us.
Information Collection and Use
The Personal Information which You may provide to us and/or which we may collect is or could be the following:
Your registration details which may include the password provided by You. You may note that We adopt reasonable security measures to protect Your password from being exposed or disclosed to anyone including the Platform.
Your shipping, billing, tax registration and other information pertaining to Your transactions on the Website or in related to the Services.
Your usage behaviour of the Website.
Details of the computer system or computer network which You use to visit the Website and undertake any activity on the Website.
Information Sharing and Disclosure
Platform is the recipient of all the Personal Information and shall exercise reasonable commercial endeavors for the prevention of the Personal Information provided by the Users. We may enable access of the Users' information to the Platform Entities, joint ventures, agents or third parties for the purposes of the services provided by them or for any other marketing related activity undertaken by or on behalf of the Platform Entities and/or its joint ventures. We will ensure on reasonable commercial efforts basis that the third parties and agents employed by us for the purposes of the Website are under an obligation to maintain confidentiality with respect to the Personal Information provided by the Users and to use it strictly for the purposes of the Website only. Platform may disclose your Personal Information to such extent as the Platform may deem necessary for you to enter into commercial transactions with other users of the Website.
Compliance with Laws and Law Enforcement
Platform cooperates with mandated government and law enforcement agencies or to any third parties by an order under law for the time being in force to enforce and comply with the law. We will disclose any information about You to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect the property and rights of Platform or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity. Platform may also provide your Personal Information to various tax authorities upon any demand or request from them.
Platform may use your Personal Information for the aforementioned purposes of the Website. You have full control regarding which of these emails You want to receive. If You decide at any time that You no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.
Deleting Your Information
If You wish to have the Personal Information that You have provided to us deleted, You can always do so by sending a request to us on the e-mail id of our Customer Services department provided at the bottom of this page. You may note that deletion of certain Personal Information may lead to cancellation of your registration with the Website and your access to certain features of the Website.
Platform uses ordinary industry standard technology designed to help keep your Personal Information safe. The secure server software (SSL) encrypts all information You put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, We will employ commercially reasonable and practicable security practices and procedures and security methods and technologies. We will also ensure on reasonable commercial efforts basis that any agent or third party that we employ complies with the same security standards as us for the protection of your Personal Information.
Your information may be transferred to or be maintained on computers, computer systems and computer resources located outside of your state or country where the privacy laws may not be as protective as those where you live. If You are located outside India and choose to provide information to us, please be aware that Platform keeps or transfers information to India and processes it there. Your submission of such information represents your agreement to that transfer.
Unfortunately, the transmission of information over the Internet is not completely secure. Although We strive to protect your personal data, We cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once We have received your information, We have commercially reasonable procedures and security features in place to reasonably endeavor to prevent unauthorized access.
Identity theft and the practice currently known as "phishing" are of great concern to Platform. Safeguarding information to help protect You from identity theft is a top priority. We do not and will not, at any time, request your credit card information or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.