Missed Call Contest T&C

By submitting an entry to the offer “TATA SOULFULL RAGI BITES MISSED CALL OFFER” (herein after referred to as the ‘Offer’) it is deemed that you have acknowledged, read and understood these terms and conditions for participating in the Offer which includes information on how to enter, how the winners of the Offer will be determined, the prizes, and how personal data, upon participation, if required, will be collected, retained and used.

GENERAL

1. Before participating in the Offer, please read the terms and conditions given herein. By participating in the Offer, each Participant is deemed to have accepted the complete terms and conditions of this Offer available on https://www.soulfull.co.in/pages/missed-call-contest-t-c (‘Offer Website’) as well as the decision of Tata Consumer Soulfull Private Limited (‘TCSPL’), which are final and binding in all matters related to the Offer.
2. In case of any conflict, these terms and conditions will be considered final and binding in all matters related to the Offer
3. Consumers participating or seeking to participate in the Offer shall individually be referred to as "Participant" and collectively as "Participants".
4. Regular call and message rates will apply as per the consumer telecom operator in their respective circle.

ELIGIBILITY

5. The Offer is valid from 1^st October 2018 till such time as withdrawn by TCSPL (both days inclusive) (herein after referred as ‘Offer Period’).
6. The first 5,000 entries received in 2 calendar months during the offer period shall qualify to participate in this Offer.
7. This Offer is valid only on purchase of specific Tata Soulfull Ragi Bites ₹99/- combo pack (‘Product’). Upon purchase of the Product, you may find a ‘missed call card’ which has the details of the number and reference to these terms and conditions.
8. During the Offer Period, this Offer will be open to all the residents of India only (except Tamil Nadu). Entries received from TCSPL employees, their immediate family members, agents, distributors, retailers and any other channel partner of TCSPL and the partner agency shall not be eligible to participate in this Offer.
9. This Offer is only for residents of India over the age of 18 years.
10. Only those consumers who have purchased the specific packs of the Product shall be eligible to participate in the Offer. All participation prior to the Offer Period and after the end of the Offer Period will be considered as ineligible and will be summarily rejected.

AGREEMENT TO TERMS AND CONDITIONS

11. By participating in this Offer, Participants fully and unconditionally agree to and accept these terms and conditions available on the Offer Website as well as the decision of TCSPL, which are final and binding in all matters related to the Offer. Successfully entering the Offer and winning a prize is subject to fulfillment of all terms and conditions mentioned herein.
12. TCSPL/its partner agency reserves the right to cancel/amend/extend the Offer Period without giving any notice/intimation. No claims/questions shall be entertained in this regard.
13. TCSPL reserves the right to exclude any person from the Offer on grounds of misconduct or criminal record.
14. TCSPL reserves the right to terminate, modify or extend the Offer, at any time at its absolute discretion, without assigning any reason. All decisions of TCSPL in respect of the Offer and the prizes therein will be final and binding.
15. If this Offer 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 TCSPL and/or its partner agency, including but not limited to technical difficulties, unauthorized intervention or fraud, TCSPL/ partner agency reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to invalidate any Participant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Offer, as appropriate.
16. If for any reason this Offer is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond the reasonable control of TCSPL or the partner agency, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Offer, TCSPL reserves the right in its sole discretion to cancel, terminate, modify or suspend the Offer.

17. RIGHTS TO USE DATA - BY PARTICIPATING IN THIS OFFER:
    1. The Participant expressly confirms and represents that he/she has read the terms and conditions of the Offer on how to enter, and details on usage, collection, retention and sharing of personal data;
    2. The Participant agrees to be bound by the terms, in particular those relating to the collection, retention, use and sharing of personal data; and
    3. The Participant confirms that he/ she has gone through TCSPL’s privacy policy available on – https://www.tataconsumer.com/privacy-and-cookies-policy and that he/she has no objection in collection or processing of their data according to the manner carved out in the privacy policy.
    4. The Participant’s personal data as collected by TCSPL associates/partners or affiliates shall be passed to TCSPL. The personal data shall be administered and treated under TCSPL privacy and data collection guidelines. Such data collected and retained may be used by TCSPL and or its related associates/partners/ affiliates for marketing, internal study, and data analysis purposes.
    5. TCSPL encourages Participants to read the privacy notice of any such company before sharing personal data. If the Participant does not want his / her personal data to be collected by or shared with a company other than TCSPL, the Participant can always choose not to participate in such activity. If the Participant does opt-in to receive communications from such a company, remember that the Participant always has the right to opt-out and the Participant would need to contact that company directly to do so.

       TCSPL and the partner agency shall not be responsible for (including but not limited to):

       • For any SPAM generated messages;
       • For the operator code not being displayed on the Participants mobile phones;
       • For any SMS message delivery failures;
       • Any lost, late or misdirected computer transmission or network, electronic failures or any kind of any failure to receive entries owing to transmission failures or due to any technical reason;
       • If the Participant has registered himself to the DND of the telecom provider/ the Participant has registered with National Do Not Call Registry/ Participant has specifically requested for not receiving messages for the specific campaign;
       • Other conditions beyond its reasonable control.

18. Entries are required to be submitted only according to the procedure described in ‘Offer Details’ as appearing hereinbelow. Entry submitted through any other mode/platform shall not be entertained. The decision of TCSPL shall be final, binding and non-negotiable.
19. Entries must inter alia comply with the following guidelines:
    • All entries submitted must comply with the terms and conditions given on the Offer Website;
    • Cannot depict, and cannot itself, be in violation of any law.

OFFER DETAILS

20. In order to participate in this Offer, please give a missed call to +91 9591035983 and you shall receive an SMS confirming that your missed call has been logged by TCSPL/its partner agency. By giving a missed call to the aforementioned number, you consent to being contacted by TCSPL/its partner agency, either by way of an SMS or phone call.
21. Within 15 days of the end of 2 calendar months, out of the first 5000 Participant for the previous 2 calendar participants, a winner shall be chosen on a random basis.
22. The first 5000 entries received in 2 calendar months (April/May, June/July, August/September, October/November, December/January, February/March shall form 2 calendar months for the purpose of this Offer). shall qualify to participate in this Offer and 1 winner shall be chosen for every 2 calendar months. At the end of every 2 calendar months, 1 Participant shall be chosen to win a prize of a tablet of a value up to Rs. 8000/- only (‘Prize’).
23. A Participant can participate once only during the Offer Period.
24. A Participant can be declared a winner only once throughout the Offer Period.
25. The Prize cannot be transferred, exchanged or redeemed for cash. In the event that the winner does not take the prize in the time and manner stipulated, then the prize will be forfeited by the winner and cash will not be awarded in lieu of the prize. The Prize must be taken as offered and cannot be varied. No refund will be provided in cash, at any point of time
26. Any unused prize is not transferable, non-refundable and non-redeemable for other goods or services and cannot be taken in exchange for cash.
27. The prizes shall be provided on an "as-is basis" and without any warranty or guarantee concerning the quality, suitability or comfort, and TCSPL and/or its associates, affiliates and/ or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the product and service liabilities) for deficiency and/ or defect of any product/service and/or the prize or for any kind of consequential damages/ loss, in any manner whatsoever. If any Winner has any grievance with respect to the prize, he/she may directly contact the manufacturer.

CONTACTING WINNERS

28. After the winner is chosen on a random basis, TCSPL/its authorised representative, shall contact the participant, on the number from which the missed call was given, to inform him/her that he/she has won and shall collect the address of the winner to deliver the Prize.
29. TCSPL/its representative shall contact the winner and deliver the prize. Upon consent of the winner, TCSPL/its authorised representative will take a picture of the winner receiving the prize. TCSPL shall be permitted to use such picture in its social media platforms to advertise the Offer.

PUBLICITY

30. The Participant/s undertake and irrevocably and unconditionally permit TCSPL to cover the Offer through various media including newspapers, radio, television, news channels, internet, point of sale materials, social media etc., and shall not raise any objection, protest, or demur to such coverage or in this regard.
31. TCSPL and/or its partner agency shall, without any intimation to the Participants and/or Winners, be at liberty to use such information including information such as they having participated or winning, receiving the Prize etc. of the Participants and/or Winner for media coverage, social media coverage, advertisement or publicity in any form which exists today or will be known anytime in future, without any consideration to the Participant and/or Winner and the Participant and/or Winner shall have no objection to the same.

INTELLECTUAL PROPERTY

32. All right, title and interest, including but not limited to the intellectual property rights, in the Offer material(s), if any, and in all responses received shall always vest solely and exclusively with TCSPL. TCSPL or any person or entity permitted by TCSPL in this regard shall be entitled to use the responses received or any information in connection with the entry in any media for future Offer, marketing, publicity, and any other purpose, without any permission and or payment to the Participant.
33. All materials submitted in connection with the Offer (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants and/or Winners shall be deemed to be ipso facto assigned to TCSPL upon submission, and the same shall become the property of TCSPL exclusively. TCSPL may use the material in any medium in any reasonable manner it seems fit. Copyright in any such material remains the sole property of TCSPL.

GENERAL CONDITIONS

34. Each Participant represents and warrants that he/she is legally competent to enter binding contracts under applicable laws. By taking part and/or entering the Offer, the Participant warrants that all information provided by Participant regarding Participant's name, age, state, city, address, phone number, etc., will be true, correct, accurate and complete.
35. The decision of TCSPL or its partner agency, as regards the selection of winner(s) and distribution of the prize(s) shall be final, subject only to TCSPL’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
36. No queries, claims, dispute, complaints, or grievances from any Participant and/or his/her heirs, successors, agents and/or anyone under or in trust of him/her shall be entertained by TCSPL and its partner agency.
37. TCSPL reserves the right to change, defer, alter, or cancel this Offer in part or full, or change any or all of the terms and conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Any decision of TCSPL in this regard and in general with respect to this Offer and the terms and conditions thereto shall be final, binding, and non-negotiable.
38. Nothing contained herein amounts to a commitment or representation by TCSPL to conduct further Offer(s).
39. The decision of TCSPL shall be final in all regards and no communication challenging the same shall be entertained in this regard. None of the provisions of these terms and conditions shall be deemed to constitute a partnership between any Participant and TCSPL and the Participant shall not have the authority to bind TCSPL in any manner whatsoever.
40. TCSPL or any of its respective officers/employees/directors shall not be responsible for delayed, lost, mutilated, corrupted or illegible documents etc.
41. TCSPL or its partner agency shall not be liable to perform any of its/their respective obligations under the Offer or in respect of the prize where it is unable to do so because of circumstances beyond its/their control in fire, explosions, natural calamities, pandemics, epidemics, state emergency, riots, or any other force majeure events, etc., and shall not be liable to compensate the Participant in these circumstances.
42. TCSPL or it’s partner agency shall not be held accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Offer due to any government restrictions.
43. Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of TCSPL or its partner agency.
44. TCSPL or its partner agency accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted, or misdirected entries, loss of SMS, loss of internet connectivity, unique codes, documents, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. TCSPL or it’s partner agency shall not be liable for any consequences of Participant error including (without limitation) costs incurred.
45. If a Participant is dissatisfied with the Offer or the Offer rules and/or any content or any requirements of the Offer form, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Offer.
46. The participation in the Offer is purely voluntary and the same shall be construed as an acceptance of the terms and conditions stipulated herein.
47. To participate in this Offer regular call and message rates shall apply and be borne solely by the Participant.
48. To participate in this Offer, standard fair usage policy and usage norms set by the respective telecom operator shall apply
49. The Offer is subject to the guidelines/directions issued by the Telecom Regulatory Authority of India, Department of Telecommunications, and any governmental or statutory authority as may be applicable from time to time.
50. In case of queries, consumers can reach out to TCSPL on 1800 345 1720 from Monday to Friday between 10:30 AM to 5:30 PM. Lines will be closed on public and bank holidays. Standard calling rates apply.
51. The partner agency / TCSPL is not responsible for non-delivery or receipt of an SMS by their servers or on the end user’s device due to the Participant’s handset issues, network issues or due to any issues at cellular operator’s end. By participating in this Offer, the Participant understands that all such queries are to be directed to their current service provider directly and not hold the partner agency or TCSPL responsible for the same.

RELEASE AND LIMITATIONS OF LIABILITY

52. TCSPL and its partner agency shall under no circumstances be liable, whether jointly or severally, for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, because of acceptance of any prize.
53. By entering the Offer, the Participant and/or Winner hereby releases from and agrees to indemnify TCSPL and/ or any of its respective officers/employees from and against all liability, cost, loss, or expense arising out of acceptance of the prize or participation in the Offer including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise.
54. TCSPL and its partner agency accept no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, partner agency or third parties in relation to the prizes.
55. The Participant and/or Winner shall be solely responsible for any consequences which may arise due to his/her participation in the Offer by conducting an illegal act. Participant and/or Winner also undertakes to indemnify TCSPL and/or its partner agency and their respective officers, directors, employees, and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by TCSPL or its partner agency on account of such act on the part of the Participant.
56. In consideration of TCSPL allowing the Participant/s to take part in the Offer, to the maximum extent permitted by law, the Participant/s and/or Winners waives and releases each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against TCSPL and its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Offer or related to the Offer or the prize of the Offer.

DISPUTE

57. The courts of competent jurisdiction at Bengaluru, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Offer. Participation in the Offer is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including (without limitation) this clause.
58. Further all issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or the rights and obligations of the Participants and/or TCSPL and/or its partner agency of this Offer, shall be governed and construed in accordance with the laws of the Republic of India.