#MyIncredibleIndiaContest. Terms & Conditions

Transcription

1 #MyIncredibleIndiaContest Terms & Conditions I. Contest Description Ministry of Tourism s #MyIncredibleIndiaContest (the Contest ) begins on April 2, 2018 at 09:00 hours, Indian Standard Time ( IST ) and ends on June 11, 2018 at 19:00 hours, IST (the Contest Period ). During the Contest Period, entrants ( Entrant or You ) will have the opportunity to submit a photograph or multiple photographs (each an, Entry ) for any one or all of the categories as listed in clause III herein below ( Categories ) and according to the guidelines as set forth in clause V herein below. At the end of the Contest Period, one winner from each Category (each, a Winner and collectively Winners ) will be selected from the eligible Entries received during the Contest Period and the Winners will be entitled to prizes as mentioned in clause VI herein below ( Prize ). From these Winners, one (1) Grand Prize Winner will be selected and will be entitled to an additional Prize ( Grand Prize ) as mentioned in clause VI herein below. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these terms and conditions of the Contest (the Terms ) which govern, amongst other things, the use of all Data (as defined hereafter) and information collected by Ministry of Tourism, Government of India ( MoT ) from an Entrant during this Contest. II. General Terms 1. By entering into the Contest; a. You acknowledge that You have read and understood these Terms which include inter alia, information on how to enter, how the Winner will be determined, the Prize, and how personal Data will be collected, retained, used and shared; b. You expressly agree to be bound by the Terms, including in particular those relating to the collection, retention, use and sharing of personal Data; and c. You confirm that You will not breach any law or violate any third party rights by entering the Contest. 2. MoT will not be responsible for any Entrant entering the Contest unlawfully or otherwise in breach of local laws. You are advised to check or seek advice on your local laws before entering the Contest. MoT shall not be liable for the same. 3. MoT shall not be liable in any way for any failure or breach by any party in connection with the Contest and accepts no responsibility for any loss suffered by an Entrant arising from the Contest. 4. Entrants should make sure that their acts in any manner, whatsoever should not hurt any religious sentiments, any community or people from a targeted geographical location and should not violate any person s rights. 5. MoT reserves the right, in its sole and absolute discretion, to: Page 1 of 7

2 a. amend or vary any of the Terms at any time without prior notice to You and by entering the Contest, You agree to any such amended Terms. b. If MoT amends or varies any Term relating to the collection, retention, use and/or sharing of personal Data that has already been collected, Entrants will be updated of any such amendments and/or variations. c. Terminate or disqualify any Entrant s Entry for the Contest or reclaim the Prize at any time if it is the opinion of MoT that there has been a breach of any of the Terms by such Entrant whether discovered during or after the end of the Contest Period. 6. Being an Entrant does not entitle an Entrant for a Prize. 7. All Entrants warrant and represent that the submitted Entry(s) does not infringe any existing intellectual property rights of any third party. The Entrant shall be solely responsible for any infringement and shall keep MoT indemnified for the same. 8. Entrants can enter the Contest by uploading their Entry(s) on the website The Entry submitted must fit any of the eight Categories as mentioned in Clause III (1). 9. No payment to MoT, of any kind is required by the Entrant in order to enter this Contest. Officers, directors and employees of MoT, NGC Network (India) Private Limited ( NGC ) and/or Lyxel Labs Private Limited and their immediate families and of any related companies, sponsors and/or advertising agencies cannot enter the Contest. 10. Entrants are responsible for ensuring that the Entries (and all underlying elements) are original, inoffensive, lawfully produced and technically suitable for exhibition on social media and must not infringe any third party s rights nor give rise to any claim. 11. MoT shall not be liable in case the Entrant fails to read the Terms and Conditions of the contest. Further, any damage caused during the said contest is solely the responsibility of the Entrant. III. Entry to the Contest 1. Entrants shall participate via the website Entrants are required to upload their Entry (s) in hi-resolution that fit any of the eight Categories as mentioned herein below (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Adventures activities in India Living cultures of India Sanctuaries of India Spiritualism in India Art Forms of India Heritage of India Flavours of India Landscapes of India 2. Entry submitted by an Entrant must: a. Fit one or more of the categories set out in Clause III (1). Page 2 of 7

3 IV. b. Be an hi-resolution image c. Comply with the guidelines as set out at Clause V 3. Entry to the Contest is open to anyone who is: a. a citizen of India. b. a resident of India and c. has attained the age of 18 and above 4. Notwithstanding Clause III (4), where Your Entry in the Contest is prohibited or restricted by law or otherwise in Your place of residence, Your participation in the Contest shall be completely void and MoT shall not be liable in any manner whatsoever. Announcement of Winners 1. Upon the receipt of the Entries, a judging committee formed by MoT ( Committee ), shall in its sole discretion evaluate the Entries and choose a total of 8 (eight) winning Entries, one from each category (each a, Winning Entry ). Accordingly, one Winner from each Category will be declared by the Committee. 2. The Winners shall be announced on or before the 11 th June, The decision of the Committee will be final and binding and will not be open to any negotiation. V. Guidelines for submission of an Entry 1. Entries submitted must be received within the Contest Period. No substitution of new version of the Entry will be accepted under any circumstances once the original Entry is submitted for consideration. The MoT's server is the official timekeeping device for this Contest. 2. You agree that your Entry(s) may be posted on websites, newsletters, magazines, mailers, calendars and Social Media websites such as Facebook, Instagram, Twitter etc. including but not limited to MoT s social media accounts, in MoT s sole discretion. However, MoT has no obligation to use or post any Entry You submit. By submitting an Entry, You expressly grant MoT, an exclusive, perpetual, transferable license to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the Entry in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. 3. Entries that are not in accordance with the guidelines as stated herein or are not received during the Contest Period will be ineligible and shall not be considered for the Prize. 4. An Entry cannot (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (b) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or have any particular political agenda or message; (c) be obscene or offensive, endorse any form of hatred towards other communities, gender or people; Page 3 of 7

4 (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain and personal identification, such as license plate numbers, personal names, addresses or street addresses without permission; (e) contain copyrighted content owned by third parties other than the submitter without permission; (f) contain content embodying the names, likenesses, photographs, or other content identifying any person, living or dead, without permission; and (g) depict anything or itself be in violation of any law. 5. By submitting an Entry, You warrant and represent that it: a. is your original work, b. has not been previously published, c. has not received previous awards, d. does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; e. that you have obtained permission from a person(s) who is used in the Entry or whose name, face etc. is used in the Entry, and f. that publication of the Entry via social media will not infringe on the rights of any third party. You will indemnify and hold harmless MoT and its affiliates from any claims to the contrary. 6. Any Entry that, in the sole opinion of MoT, is deemed to be inappropriate for publication is ineligible. Incomplete, illegible, false or deceptive Entries are not eligible. 7. You agree that the Entry made by You is without any compensation to You and will not place MoT under any obligation. MoT is free to disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any compensation to You. 8. MoT shall have no liability for any Entry that is lost, intercepted or not received by MoT. VI. Prizes 1. The Winners agree to provide MoT with any details/information that may be required by MoT, to claim the Prize, including but not limited to; a. Sharing of the original or raw file of the Winning Entry; b. Sharing details of the Winning Entry such location etc.with MoT and/or c. The Winning Entry in any other technical specifications and/or format as required by MoT. 2. All the eight Winners will get the following prizes on winning the Contest; a. Merchandise from NGC (National Geographic) or one year free subscription of National Geographic Traveller India Magazine. b. The Committee will also choose one Grand Prize Winner out of the eight Winners of the Contest. The Grand Prize will consist of the following; Page 4 of 7

5 i. The Winning Entry of the Grand Prize Winner will be featured in a MoT advertisement in the National Geographic Traveler India Magazine and ii. A 2 Nights /3 Days stay at any one of the resorts/hotels in India. The hotel/resort and the dates of the stay will be chosen and decided by MoT. 3. The Winners must accept their Prize in the form as set out in the Terms. The Prize/Grand Prize is nonnegotiable, non-transferable and not exchangeable for cash credit or kind, either in part or in full except at the sole and absolute discretion of MoT. The Prize/Grand Prize cannot be altered, sold or bartered by the Winners. 4. The Prize is subject to: a. being availed on offer and not before or after the offer is made; b. any rules and regulations pertaining to where the Winners are residents of; c. the Winners shall be liable for any expenses specified on the description of the offer or Prize, if any. d. the Prize shall be given to the Winners subject to and at the convenience of MoT e. MoT reserves the unqualified right to declare more than one Winner in any Category and MoT also reserves the right withdraw the contest at its sole discretion at any time. 5. Each Winner shall be solely responsible for any central, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable Prize/Grand Prize. 6. MoT makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Contest. VII. Publicity 1. The Winners of the Contest may, at no cost to MoT and its media partners including but not limited to NGC, be required to participate in public relations events tied to any campaign of which the Contest forms a part, to generate press coverage of the Contest and/or that campaign. This may include, but not be limited to, images/photos given for inclusion in press releases and press conferences, interviews, photographic shoots, audio and video releases etc. 2. By participating in the Contest, the Entrants are deemed to have authorized MoT to the use of their image/photo, name and/or likeness, without compensation, by MoT and/or any party authorized by MoT, as per the terms hereof. 3. Acceptance of the terms of this Clause is vital and forms an important part of MoT s consideration of the Prize Winner. VIII. Data Policy Your entry in the Contest requires You to provide certain personal information (which may include, but is not limited to, Your name, address, telephone number and/or any questions related or otherwise to the Contest) ( Data ). If You do not provide Your Data, Your entry into the Contest will be invalid and You will not be able to participate in the Contest. 1. Retention of Data Page 5 of 7

6 a. MoT will not retain the Data longer than is necessary for the fulfilment of the purpose for which the Data was provided; b. MoT will take such steps as are reasonably practical to protect the Data from any loss, misuse, modification, unauthorized or disclosure, alteration or destruction; and 2. Use of Data The Entrants acknowledge and agree that MoT: a. may use the Data for purposes of the Contest. This may include displaying the Data on or through the internet or any media medium; b. may use the Data for such promotional, marketing, publicity, research, profiling, authentication and verification purposes as MoT sees fit, including but not limited to the promotion of MoT s business, products and services; c. may provide the Data to such affiliates and unaffiliated third parties as MoT may reasonably require for the purposes of this Contest (including but not limited to agents, contractors, promoters, service providers, Prize suppliers and as required by applicable law); d. will not use the Data for any purpose other than those specified above. 3. Release IX. In relation to Clauses X 2(b) and 2(c) above, You consent to being sent promotional and/or marketing material and/or offers via , SMS, direct mail, telephone or otherwise from MoT, its affiliates and unaffiliated third parties. Indemnity 1. Entrants shall indemnify MoT and NGC, its agents, employees, representatives, associates, affiliates and parent company against any and all claims, losses, costs, damages, liability and/or expenses arising out of the Entrant s breach of any of the Terms or Prize. 2. Each Entrant by entering the Contest, expressly releases MoT and NGC from any claim, action or demand arising out of or in connection with the Contest or Prize, if any. In particular, each Entrant acknowledges that elements of the Prize may be provided by third parties over whom MoT and NGC has no control, and acknowledges that MoT and NGC has no responsibility or liability for any costs, losses or damages resulting from any factors beyond the reasonable control of MoT and NGC. 3. MoT shall not assume any responsibility for incorrect or inaccurate capture of Entrants' information. This will include but is not limited to technical malfunctions, human or technical error, seeding or printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect or failures of: any telephone or computer line or network, computer equipment, software or any combination thereof. 4. If, for any reason, the Contest is not capable of running as planned, including but not limited to the reasons of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, third party contracts or any other causes beyond the control of MoT which corrupts or affects the administration security, fairness, integrity or proper conduct of the Contest, MoT reserves the right to Page 6 of 7

7 disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. X. Governing Law 1. Any provision of the Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of that prohibition or unenforceability. That does not affect the validity or enforceability of that provision in any other jurisdiction nor invalidate the remaining provisions of the Terms. 2. The laws applicable to the Terms are the laws of India and the courts of New Delhi will have exclusive jurisdiction in case of any dispute arising out of or in relation to the Contest. Page 7 of 7