Backtocool
TERMS & CONDITIONS
Sonic Back To Cool Contest (“CONTEST”)
The Contest is organized by Viacom 18 Media Private Limited (“Organizer”) and is open to all individual participant (the “Participant(s)”) who shall as on July 13, 2020:
(i) Be between the ages of 4 years to 14 years
(ii) have a valid proof Indian citizenship,
(iii) be permanent residents of India; and
(iv) be viewers of the channel “Sonic”
(v) be a mobile/landline subscriber of Airtel, Vodafone, Aircel, Idea, BSNL, MTNL Mumbai, Jio, Loop and Tata (“Service Provider”).
1. Participation by minors will be deemed as participation with the prior unconditional consent and knowledge of the Participant’s parents/guardian. It is made abundantly and evidently clear that such Participants are participating in the Contest with the consent and assistance of their parents/guardians. Accordingly, the Participants shall provide all the necessary documents/proof as required by the Organizer upon its request in this regard. The validity of such proof shall be determined by Organizer at its own discretion. All the Terms and Conditions, Rules applicable on Participants/Shortlisted Participant/Winner shall deemed to also apply on the parents/guardians of such Participants/Shortlisted Participant/Winner.
2. The Contest shall be held every Monday to Friday commencing on July 13, 2020 at 9.30 AM and shall conclude on August 8, 2020, at 1.00 PM or any other date as decided by the Organizer (“Contest Period”). Each day of the Contest (“Daily Contest”) during the Contest Period shall commence at 9.30 AM on that day and end at 1.00 PM on the same day (“Daily Contest Period”). Any entries received after the Daily Contest Period/Contest Period shall not be entertained and will be considered as an invalid entry and shall be considered ineligible for the Contest.
3. Modes of Participation: To participate in the Contest, a Participant needs to do all of the following:
a. Watch the Channel i.e. “Sonic” during the Daily Contest Period.
b. Spot the unique toll-free number (“Unique Contest Number”) which will be flashed on the Channel at random intervals during the Daily Contest Period.
c. Give missed call on the Unique Contest Number during the Daily Contest Period.
d. An entry will be considered valid only if the (a) Participant has given the missed call on the Unique Contest Number during the Daily Contest Period, from a valid landline/mobile number registered with Service Provider (b) Participant has strictly complied with the Contest terms and conditions (“Contest Entry”)
e. Organizer may at its discretion send a push SMS to the Participant for their participation in the Contest and if so sent by Organizer, Participant hereby acknowledges and willfully consents to receiving such push SMS.
4. During each Daily Contest Period, the number of times the Unique Contest Number will differ as determined by the Organizer in its sole discretion. The Participants may participate more than once on an everyday basis to increase their chances/probability of winning however each Winner of the Contest (as selected and declared by Organizer in the manner stated herein) shall be eligible to win only 1 (one) Prize (as determined by Organizer in its sole discretion and strictly in accordance with the terms and conditions stated herein).
5. Shortlisted Participants:
At the end of each day of the Daily Contest Period, from amongst the Participants who have submitted a valid Contest Entry, Organizer shall select and shortlist 1 (One) such telephone/mobile number from which there have been maximum number of missed calls on the Unique Mobile Number, during the Daily Contest Period, as determined by the Organizer in its sole discretion.
The Participants who’s telephone/mobile numbers are selected as per the aforementioned criteria shall be referred to as Shortlisted Participants, and shall be subject to further verification. In the event there is a tie between two participants, then the same shall be resolved by identifying the mobile/telephone number from which the Unique Contest Number has received most amount of calls first before the other mobile/telephone numbers on the day/during the entire the Contest Period (as the case may be and as applicable) and the Participant owning such mobile/telephone number shall be considered as the Shortlisted Participant. Participation by Participant/Shortlisted Participant above 14 (fourteen) years (owning the mobile/telephone number which was used for participation in this Contest) shall be deemed for all purposes of this Contest, to be a participation done on behalf of an immediate family member who is within the age group of 4 (four) years to 14 (fourteen) years, a proof of which shall be provided to the Organizer (details of the documents required by Viacom18 are as specified further below in these terms and conditions), the validity of such proof shall be determined by Viacom18 ( subject to the terms and conditions mentioned).
6. The Organizer shall reach out to such Shortlisted Participant for telephonic verification and further verification of documents at any time after the Contest Period. Participants hereby acknowledge and agree that the decision of the Organizers in this regard particularly with respect to the timelines for conducting the telephonic verification and document verification shall be final and binding and no questions shall be raised in this regard.
7. Verification: Before being considered and declared as a Winner, the Shortlisted Participant may be contacted anytime by Organizer either on their e-mail id/contact number provided as determined by Organizer and such contacted Shortlisted Participant shall be required to immediately provide Organizer with such information (as asked for by the Organizers (including mobile number, e-mail address, residential address etc) and also the following documents immediately upon such request by Organizers: a) PAN card b) Proof of identity cum permanent address proof – Aadhar card / Election card/Passport/ permanent Driver’s License c) copy of NOC/consent of guardian/parent d) Birth Certificate/Identify certificate from schools e) proof of ownership of the mobile/telephone number from which the calls were made to the Unique Contest Number and such other documents as may be required by the Organizer from time to time, in such manner as required by Organizer. It is hereby clarified that information and documents shall pertain to such Participant only and not of any other person.
8. If applicable, the parents/guardians of such Shortlisted Participant/Winner(s) shall be required to sign the release form in the format required by the Organizer, for and on behalf of the Winner(s). Further, such Shortlisted Participant/Winner(s) shall be required to submit to the Organizer, a document evidencing the fact that his/her participation in the Contest was approved by and was subject to the prior unconditional consent and knowledge of the his/her, parents/guardian.
9. Upon verification of the documents submitted by the Shortlisted Participant to the satisfaction of the Organizer, Organizer shall declare such Shortlisted Participant as the winner (“Winner”). Thus, a total of 20 (twenty) Winner(s) shall be selected and declared for this Contest as the Winners. Subject to timely co-operation by such Shortlisted Participant in verification, the Organizer shall either directly communicate to the Winner of their win through email/direct message and/or publicly announce the Winner on the Channel on any other platform as solely determined by Organizers, by September 10, 2020 or such other date as determined by Organizers at their sole discretion. Participants hereby acknowledge and agree that the decision of the Organizers in this regard particularly with respect to timelines for selecting and declaring the Winners shall be final and binding and no questions shall be raised in this regard.
10. For sake of clarity, Shortlisted Participant will be considered as final Winner(s) only when he/she has been specifically declared as a Winner by the Organizer and not merely when he/she has been contacted by Organizer for verification or any other purpose.
11. Organizer reserves the right to change, reduce the number of Shortlisted Participants/Winner selected and declared for this Contest at any time at its sole discretion. The decision of the Organizer shall be final and no questions or communications shall be entertained in this regard.
12. Organizer reserves the right to disqualify a Participant/Shortlisted Participant/Winner at any time, if Organizer is of the opinion that the details and/or documents provided by the Shortlisted Participant/Winner is not to the Organizer’s satisfaction. No questions or communications shall be entertained in this regard for any reason.
13. Furthermore, the Organizers may at any time either forfeit the Prize or announce another Winner in place of the originally announced Winner if:
(i) the documents or details of the Shortlisted Participant/Winner is not correct in the opinion of the Organizers; or
(ii) documents so required are incomplete, misleading or untrue; or
(iii) the Winner/Shortlisted Participant and their respective guardians, parents do not have valid documents as may be required for the purpose of the Prize;
(iv) the Winner/Shortlisted Participant and respective guardians, do not sign the confidentiality, release letter or any other documents required, if any, by Organizers in relation to the Prize; or
(v) if the Winner/Shortlisted Participant do not approach the Organizers at the contact details provided by the Organizers, immediately upon such request by Organizers.
14. Notwithstanding anything stated herein, any person who has won any one or more contests organized by or for the channels Nick, Sonic, Nick Jr. and / or Nick HD+ in the immediately preceding 24 (twenty-four) months beginning from July 13, 2020, shall not be eligible to win the Contest. Further, only one person per family shall be eligible to win the Contest, subject to compliance with the terms and conditions of the Contest. In the event there are multiple Participants/Winner belonging to the same family, the Organizer shall in its sole discretion, select only 1 (one) Winner from each family, in accordance with selection mechanism set out in these Contest Terms and Conditions.
15. Mere participation in the Contest does not entitle the Participants to win the Contest or the Prize. The selection process may vary and shall be as per the Organizer’s sole discretion. The Participants /Winner/Shortlisted Participant and/or any third party shall have no right to question the process of selection. The Organizer may determine the number of missed calls to the Unique Contest Number and Organizer’s assessment in this regard shall be final. The Participants or any third party shall have no right to question the process of selection.
16. The “Prize”: Each Winner of the Contest as declared by the Organizer would be eligible to win the prize given below (“Prize”):
| Prize | Per unit approximate cost of prize element (in INR) |
| Laptop | Approximately between 20,000/ to 30,000/- |
17. For the sake of clarity, it is understood that each Winner of the Contest (as selected and declared by the Organizer) shall be entitled to only 1 (one) unit of the Prize and such Prize shall be given to the Winner subject to the terms and conditions mentioned herein and at sole discretion of the Organizer.
18. The Organizer reserves the right to change the Prize at any time at its sole discretion without assigning any reason and the Organizer shall not be held liable for the same in any manner whatsoever. The decision of the Organizer in this regard will be final & binding and is non-contestable.
19. All specifications pertaining to the Prize including but not limited to the final cost, the brand, form, specifications, model, color, size and other particulars of the Prize shall be as determined by the Organizer in its sole discretion and the decision of Organizer shall be final and binding on the Participant/Winner and no further communications shall be entertained in this regard.
20. Distribution of Prize shall at all times depend on the production and availability of such Prize by the third party manufacturer/distributor of the Prize.
21. The Participants or any third party shall have no right to question the brand, model, nature, form, type, cost, color or any other aspect of the Prize. Participants acknowledge agree and affirm that the distribution of the Prize shall, at all times, be subject to availability of the same in the market for public sale. Each Winner understands that entitlement to the Prize shall be subject to strict compliance of terms and conditions hereunder or otherwise specified by Organizer from time to time.
22. Standard product warranty provided by the manufacturer of the Prize will be applicable. Organizer disclaims any and all liability with respect to any defects, deficiencies or issues concerning in relation to the Prize and Winner shall directly contact the manufacturer in relation to the same without any recourse to or from the Organizer.
23. Organizer takes no responsibility, liability or any other expenses for the Winners.
24. All other incidental costs, if any, that may arise from participating in the Contest will be borne by the Participant. The Organizer shall not be responsible for any loss of entries for any reason, whatsoever including, due to any problems caused by telephone lines, service providers, network breakdowns, computer service delays, interruptions, network failures or overloads, or for lost, misdirected or misplaced entries, or for calls received after the Contest Period or for any reasons beyond the control of the Organizer. Any dispute in connection to the same shall be settled between the Participant and the Service Provider without involving Organizer. The internet and call charges (if any) that may arise from participating in the Contest will be borne by the Participant. All incidental costs, if any, that may arise from participating in the Contest will be borne by the Participant solely.
25. The calls originating from a particular mobile/telephone number, made to the Unique Contest Number shall be deemed to be from the owner of the mobile/telephone number.
26. Prizes will be distributed at the end of the Contest Period post announcement of Winners, on such date and time as may be determined by the Organizer in its sole discretion subject to compliance of terms and conditions here and all instructions of Organizer from time to time. Organizer may in their sole discretion courier the Prize to the Winners if they so deem fit. In the event Organizer decides to courier the Prize and if for any reason, the delivery of courier is not successful, Organizer shall not be responsible or liable for the same and Participant shall be solely responsible to immediately collect the Prize from Organizer, at their sole cost. If the Winner(s) fails to collect the Prize within a period of 7 (seven) working days, it shall be deemed that he/she has forfeited the Prize. Further, Organizer shall have no further liability in relation to the Winner. No request shall be entertained by the Organizer in this behalf and Organizer decision shall be final. Participant hereby acknowledges and agrees that Organizer shall not be liable or responsible in any manner for any defects, deficiencies or issues in the Prize and Winner shall directly contact the manufacturer in relation to the same without any recourse to or from the Organizer.
27. The Winner expressly agree that in addition to these terms and conditions the Winner shall comply with any terms and conditions that may be stipulated by the Organizer and/or its parent, affiliate companies etc. in relation to the Prize. This shall be a strict condition precedent to the Winner availing the Prize.
28. The Participants acknowledge that they shall not hold the Organizer and/ or any of its affiliates or agencies engaged by them with regard to this Contest, liable for any damages, loss or opportunity, monetary loss due to failure and / or delay in distribution of the Prizes / gratification for the Contest.
29. The Prize are non-transferable, may not be exchanged for cash.
30. The Participant hereby represents and warrants that he/she will comply with and be bound by all the rules, regulations, guidelines, policies (“Rules”) associated with the Contest including but not limited to these Contest terms and conditions, terms of use, privacy policy and other Rules mentioned on www. Sonicgang.com/backtocool and any other Rules associated with the Prize.
31. By participating in the Contest, the Participant also agrees that they shall solely be liable for any and all action (criminal/civil) arising therefrom and shall also be liable to indemnify the Organizer, its affiliate and group companies and their respective officers directors, employees, partners of the Organizer for any loss, expense, liability, claim, dispute, disrepute, disruption caused to it, including attorney fees.
32. The Terms and Conditions of and in relation to this Contest as stated herein, is an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This is a legal and binding agreement between the Participant and Organizer, that states the terms that govern the Participant’s participation in the Contest. By making the Contest Entry, the Participant agrees to have read and understood the terms and conditions and hereby unconditionally consents, agrees and undertakes to abide, be bound by and adhere to the terms and conditions stated herein
33. The Organizer shall have the right, at its sole discretion, to change/modify/replace or omit the Prize listed above and the Winner shall not have the right to claim any damages or monies from the Organizer. By participating in this Contest the Winner waive their right to make any such or other claims against the Organizer.
34. All costs and expenses that are not specifically covered by the Organizer and not set out herein shall be solely borne by the Winner and no monies will be reimbursed by the Organizer. Organizer takes no responsibility, liability to reimburse or compensate in any manner, towards the Winner’s expenses including without limitation any expenses incurred towards travel, food, beverages and/or any other cots that may be incurred by the Winner to avail the Prize. The Organizer shall not be responsible or liable in any manner whatsoever for any incident, accident that may occur during the course of the Winner’s participation and/or otherwise in relation to the Contest or during the collection of the Prize.
35. For the purpose of clarification and avoidance of doubt, the Prize does not include any personal expenses of the Winner shall be responsible for any additional expenses/incidental expenses required to be incurred to avail the Prize and/or incurred otherwise.
36. The Winner hereby represent and warrant that they will comply with all the Rules associated with the Contest including but not limited to the Terms & Conditions mentioned herein and associated with the Prize, and that the Winner shall personally be liable for any breach thereto. Selection of a Participant as a Shortlisted Participant and/or Winner shall not relieve them of the Terms and Conditions applicable on Participants. For avoidance of doubt the Terms and Conditions shall be applicable on the Winner and Shortlisted Participants irrespective of the change in their status from a Participant to a Shortlisted Participant or Winner.
37. In the event of unforeseen circumstances beyond the control of the Organizer, and the Prize not being made available to the Winner or the said Contest/ Prize being cancelled, the Winner shall not have the right to claim any damages or monies from the Organizer and by participating in this Contest, the Winner waive their right to make any such claims against the Organizer.
38. Gift tax or any other statutory taxes as may be applicable on the Prize, shall be borne and paid by Organizer.
39. The Participants/Winner acknowledge that they do not have any medical, physical and/or emotional condition which can jeopardize their eligibility for participation in the Contest or collection of the Prize.
40. The Winner acknowledges that the Organizer shall not be liable for any mishap, injury, accident, untoward incident, physical harm of any nature, death, loss of life or limb, etc., caused to them in relation to the Prize including, either before, during or after availing the Prize; or before, during or after the Contest; or while traveling to or away from the location pursuant to collection of Prize; and no such accident (etc.) will be attributed to the Organizer and the Organizer shall not be held responsible for the same nor shall the Organizer be liable to indemnify or make good any claim being raised against it, for whatsoever nature.
41. The Prize shall not be transferable, negotiable and/or redeemable for cash. No request shall be entertained by the Organizer in this behalf. Only the Winner and no other person can claim the Prize for or on behalf of the Winner. Prize not honoured as required or otherwise not claimed within delivery of notification or otherwise if the Winner is not available on date, time and venue as indicated by the Organizer, the Prize will be forfeited and awarded to an alternate winner unless otherwise stated. No request shall be entertained by the Organizer in this behalf and Organizer decision shall be final.
42. Employees (including their immediate family) of the Organizer, its affiliates and associates and sponsors, are not permitted to participate in the Contest.
43. To enable registration of a Participant and/or to make the Prize available to the Winner, personally identifiable information which shall include without limitation name, complete address, date of birth, citizenship details, passport details, email address, mobile number (as applicable), etc. of the Participant and/or Winner (“Personal Information”) will be collected by the Organizer to enable the Organizer to administer and promote this Contest. If Participants/Winner do not truthfully provide all requested Personal Information, the Organizer may determine that such Participants/Winner are not eligible to win the Prize in this Contest.
44. The Personal Information of the Participant/Winner shall be provided by the Organizer to the extent allowed by law, to others assisting the Organizer in this regard, including its affiliates, associates, authorities, agents, sponsors, employees, prize suppliers, distributors, deliverers and service providers (as applicable).
45. The Participants hereby agree and undertake that mere announcement/declaration of being announced as a Winner shall not entitle him/her to the Prize. Only upon fulfilling all Rules mentioned herein, to the satisfaction of the Organizer, including compliance with all precautionary measures and agreeing to the terms of the release letter, shall the winning be validated. It is the Participants’/ Winners’ responsibility to ensure that their Personal Information is always updated and accurate in order to be able to receive the Prize/ notification in time.
46. The Participants hereby agree and undertake that they shall not accept or undertake to accept/give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate their winning the Contest. Any knowledge of such an act shall lead to immediate disqualification of such Participants and the Organizer shall be entitled to take any/all actions against such Participants, as deemed fit by it.
47. The Organizer shall not be responsible for the quality or deficiency of the Prizes and no claim or request, whatsoever, in this respect shall be entertained by the Organizer.
48. It is clarified that the Winner/Participant shall, in no circumstance, have any rights or claims against the Organizer.
49. The Organizer is not responsible for any errors or omissions in the Terms & Conditions contained herein. All information provided in the Contest is provided “as is” without warranty of any kind. The Organizer makes no representations and disclaims all express, implied and statutory warranties of any kind to the Participants and/or the Winner and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
50. Under no circumstance, shall the Organizer and/or its parent, subsidiaries, associates, affiliates and group entities, and their respective directors, employees, officers, agents or representatives be liable to the Participants and/or the Winner or any third party for any lost profits or lost opportunities, indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Organizer has been advised of the possibility of such damages. The Participants and the Winner specifically agree not to file in person/through any family member and/or any third party, any applications, criminal and/or civil proceedings in any courts or forum in India against the Organizer, its parents, subsidiaries, associates, affiliates and group entities, and their respective directors, employees, officers, agents or representatives to claim any damages or relief in connection with the Contest.
51. The Organizer may, at any time, at its discretion, cancel/extend/suspend the Contest, change these Terms & Conditions, the Rules mentioned herein, and/or alter/change/modify the mechanism of the Contest and/or selection process and/or the Prize and/or the number of Winner(s) for the Contest, at any time, without prior notice, and the Participants/Winner acknowledge that such change shall be final, binding and irrevocable upon them.
52. The Participants/ Winner acknowledge that they will not hold the Organizer and/or any of its affiliates or agencies engaged by it with regard to this Contest liable for any loss of opportunity and/or monetary loss due to their participation in the Contest.
53. By participating in the Contest and accepting the Prize, the Participants and/or Winner waive all copyrights and any related rights. The Participant consents to the Organizer’s right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the as or Winner/Participants and/or publish any content submitted by them, feature them in video shoot/recording if any. The Participants and/or the Winner further grant irrevocable consent to the Organizer in perpetuity to use, edit, exhibit, publish and/or exploit the aforementioned in any and all applications including advertising, commercials, promotion, stories, text, illustrations, articles and commercial exploitation, throughout the world, in any and all media, mode or format whether now existing or hereinafter developed, including but not limited to radio, broadcast and television, newspapers, magazines, and electronic media, at any time without the Participants’ and/or Winners’ further knowledge or consent and without any compensation whatsoever.
54. Any photographs, audio visual recordings, audio / video clips, performance executed (including audio and video), musical recordings (audio and video), content, materials, audio / video clips, bytes, etc. provided/uploaded/ submitted by the Participants for the purpose of this Contest (‘Content’) shall upon creation /submission be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of Organizer and shall become the property of Organizer and accordingly all intellectual property rights including copyrights as per the Copyright Act, 1957 and/or any other equivalent provision thereof under applicable laws, in the Content shall vest with the Organizer and Organizer shall have unfettered exploitation rights in and to the Content, through any and all modes and medium of exploitation, throughout the world in perpetuity. The Participant expressly agrees to his /her subsequent participation, if any being recorded and telecast as a part of the programs of Organizer or otherwise and/or for promotion of the programs and/or on a stand-alone basis, as required by Organizer through any mode, mediums and formats, whether existing now, or developed in future (“Recording”) and all the all rights (including intellectual property rights) in and to such Recording shall be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of Organizer.
55. The invalidity or unenforceability for any reason of any part of these Terms & Conditions shall not prejudice or affect the validity or enforceability of the remaining parts and each part of these Terms & Conditions is distinct and at all times severable from the rest of the Terms & Conditions.
56. No waiver of any rights by the Organizer will be taken as a waiver of any other rights it may have. For instance, if the Organizer waives its right to object to a particular breach of these terms and conditions by a Participant/Winner, it does not prevent the Organizer from objecting to any other breaches by that Participant/Winner and/or or any other /Participant/Winner.
57. The Contest shall be subject to the exclusive jurisdiction of competent Courts at Mumbai and the law applicable shall be Indian Law.
