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Terms and Conditions – Contest – Tips Industries Limited

This Contest is subject to the following terms and conditions (“T&C”), which can be changed or updated by the Company (defined below) from time to time without notice to the Participant (defined below) and the Participant shall be bound by the T&C, along with its amendments and interpretations upon publication of the same, at all times. Participation in this Contest and submission of the Entry by the Participant, constitutes acceptance of the T&C and the Participant shall be legally bound by the T&C of the Contest.

DEFINITIONS

  1. “Company” shall mean Tips Industries Limited and shall include its group entities or affiliates.
  2. “Contest” shall mean this Children’s Day Contest (#ChotaBaccha2024), termed as ‘Chota Bachcha Jaan Ke’ conducted by the Company, on its Platform.
  3. “Contest Period” shall mean the duration from 00:00 hrs IST on 12th Nov, 2024 till 23:59 hrs IST on 19th August, 2024.
  4. “Entry(ies)” shall mean the reels created and submitted by the Participant (and all elements depicted therein) for the Contest, during the Contest Period, as per the T&C.
  5. “Participant” shall mean such individual who is eligible and chooses to participate in the Contest by submitting an Entry as per the T&C.
  6. “Platform” shall mean and include the Company’s website and its official accounts on the social media platforms including but not limited to Instagram, Facebook or Twitter, or any such platform, that is owned and controlled by the Company.
  7. “Prize” shall mean the gift vouchers given to the Winner of the Contest by the Company.
  8. “Winner” shall mean the Participant(s) declared as winner by the Company.

CONTEST DETAILS

  1. The Company reserves the right to terminate, extend or shorten the duration of the Contest Period in its sole discretion.
  2. For the submission of the Entries for the Content, Participant shall:
    How to Participate

    1. Step 1: Show your child’s talent on Reels
    2. Step 2: Create their reel and share it using the audio ‘Chotta Baccha Jaan Ke’ on Instagram Library
    3. Step 3: Post it on a public profile and tag @tips and use #ChotaBaccha2024
  3. Each Participant shall send minimum 1 (one) Entry.
  4. Upto 50 Winners with the most creative and heartwarming Entry will win the Prizes however, this shall be subject to the number of Entries received by the Company on each of the Contest Period.

ELIGIBILITY

  1. This Contest is open to Participants aged 18 years or above only. The Contest is valid only for citizens residing in India. If the Participant is residing and/ or accessing the Contest from any region where the Contest is prohibited or restricted by the law or other reasons, then the Participant is prohibited from entering into the Contest. The Participant shall be responsible to comply with all applicable laws in their territories.
  2. Employees, officers, directors, and their relatives and/or those living in the same household of the Company, sponsors and their respective parents, associates, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, and any and all companies professionally connected with the Company, are not eligible to participate in this Contest.
  3. The Participants must have a valid public account on Instagram with settings enabled to allow the Company to view the Entries.

TERMS OF PARTICIPATION

  1. Entries not submitted in accordance with the instructions provided by the Company and the T&C, shall not be considered and the Company may disqualify such Entries in its sole discretion.
  2. The Participant warrants that (a) he/she is legally competent to enter into binding contracts under applicable laws; and (b) all information that he/she has provided, including his/her name, age, state, city, address, etc., is correct and complete and that he/she is authorized to provide such information, and consent to the use of such information by the Company.
  3. The Participant represents and warrants that the Entry to the Contest thereof (i) does not infringe or violate the rights of any third party; (ii) are not subject to any third-party agreements, and that the Company will not be required to incur any sums to any person or entity as a result of their ownership, acquisition, use or exploitation of the Entry, or rights therein; (iii) were made with the understanding that all required permissions have been obtained; (iv) do not contain any content that is likely to be considered offensive by the Company or that could adversely affect the name, reputation, or goodwill of the Company, (v) the Entry uploaded is of the Participant and not of any third person viz. celebrity/actor etc and, (vi) He / She is participating in the Contest at his/her sole discretion and will.
  4. The Company reserves the right to disqualify any Entries which in the Company’s sole discretion (i) include trademarks, logos, copyrighted material or confidential information not owned by the Participant or used without permission; (ii) refer to public figures; (iii) contain profanity, pornographic or sexual content, content promoting alcohol, illegal drugs, tobacco, or firearms or weapons, hateful content of any kind, content that promotes violence or harm to another living creature; (iv) promote a political agenda; (v) defame, misrepresent, or contain offensive/disparaging remarks about other people (living or dead), companies, brands, communities, gender, physical/ racial attributes; (vi) encourage money laundering or gambling or otherwise unlawful in any manner; (vii) deceive or mislead the public about the origin of such content which is grossly offensive or opposed to standards of morality or decency.
  5. All Entries shall become the exclusive property of the Company for use at the Company’s sole discretion in perpetuity and the Participant grants permission to the Company to use the Entry and any images, captions, posts and stories uploaded on the Platform and they shall remain the property of the Company, without any notice/ permission/ royalty to the Participant. Furthermore, the Participant hereby consents, agrees and confirms that the Entries may be stored within servers of the Platform and such storage of Participant data shall be governed by the applicable laws where such servers maybe located and the policies of the social media platforms.
  6. The Company shall not be responsible for the incorrect or inaccurate entry of information, technical malfunction, lost/delayed data transmission, lost/ delayed/ misdirected e-mail, omission, interruption, deletion, defect, line failure of any telephone or other network, computer equipment, software or any combination thereof, inability to access the Platform or the Company’s Contest posts, for problems in uploading or downloading any Contest-related materials, or any printing or typographical errors in any materials associated with the Contest, or for late, or non-receipt, of Prizes.
  7. If for any reason any aspect of this Contest is not capable of running as planned, including by reason of computer virus, network failure, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of the Company, the Company may in its sole discretion, cancel, terminate, modify or suspend this Contest, or invalidate any affected submissions, without giving any reasons or prior notice.

GIVEAWAY OF PRIZES

  1. The Winners shall be declared at the end of the Contest Period through email/direct message and/or on the Instagram handle of the Company.
  2. The Company shall have the sole authority to choose the Winner(s), who will each receive 1 (one) Prize at their registered e-mail address provided by them to the Company.
  3. In order to claim the Prize, the Winner will have to submit a valid government attested identification proof or any such document that is requested by the Company.
  4. In the event any Winner is ineligible, fails to submit the relevant documents or a correct email address, fails to pay the applicable taxes (if any), the Prize shall stand forfeited, and no claims shall be entertained. The Company reserves the right to choose another Winner in their place.
  5. The Company reserves the right to verify the Winners’ details either on its own or through its authorized person and the Winner shall provide all necessary assistance in such verification.
  6. The Prize cannot be exchanged with any product or item, is non-transferable and cannot be encashed under any circumstances. No other offers/contests can be clubbed with this Contest.
  7. The Company reserves the right to substitute the Prize and no request from Winners for any other item/cash will be entertained by the Company.

ADDITIONAL TERMS

  1. By participating in the Contest, the Participant attests that use of the Entry shall not violate the right of any third parties and shall not violate any laws or rules or ordinances.
  2. By entering this Contest, and to the extent allowed by law, the Participant (i) agrees that the results and proceeds of the Entries including but not limited to the pictures of the Winner clicked whilst receiving the Prize, if any, will be owned exclusively by the Company worldwide and in perpetuity, (ii) grants the Company the absolute right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the Entries in perpetuity in any and all media, in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further permission, approval, consent or consideration in any form, (iii) waives and releases the Company from any and all claims that Participants may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Company’s exploitation of Entries without further compensation to Participants of any kind, (iv) agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Company, (v) agrees that no Entries will be returned to the Participants, and (vi) agrees that the Company shall have the right and permission to use the name, photograph, testimonial, stories or other likeness and/or Prize information or personal exposition (and/or any edited portion thereof) of the Participants and Entries for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of the Winner to the extent permitted by law.
  3. All rights, title and interest including but not limited to the intellectual property rights in the promotional material(s) and any/all Entries received shall always vest solely and exclusively with the Company.
  4. The Company does not make any commitment, express or implied, to respond to any feedback, and/ or queries of the Participants or furnish any explanation for inclusion and/or, exclusion of any submission of the Entry of a Participant.
  5. All taxes, levies and duties due and owing under applicable and statutory laws in connection with the Prize if any, and all other costs, including insurance, incidental costs, gifts, gratuities and taxes, are the sole responsibility of the Winners.

EXCLUSION OF LIABILITY

  1. The Company will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Contest.
  2. The Participant agrees to indemnify, defend and hold harmless the Company, their respective directors, officers, employees, and agents from and against any and all losses, liabilities, claims, suits, proceedings, penalties, damages, and expenses (including legal fees) that the Participant might have suffered, sustained or incurred, by way of participation in the Contest.
  3. The Company is not responsible for any errors or omissions in the T&C. All information provided for the Contest and the Prize is provided “as is” without warranty of any kind.
  4. Nothing on the Platform, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of the Company or its related companies or any third-party, whether by estoppels, implication or otherwise.
  5. The software, programming code and media relating to the Company’s social media accounts and Contest-related communication is protected by the applicable laws of India. The Company accepts no responsibility for licensing and copyright issues of the uploaded and/or edited images that are used by the Company, as a part of the Entries.

MISCELLANEOUS

  1. In the event of any conflict/ inconsistency regarding any rules and conditions on any advertising or promotional material relating to the Contest, these T&C shall prevail. The Company’s decisions as to the interpretation of any clause shall be final and binding on all Participants.
  2. Failure / delay by the Company to enforce any of its rights at any stage does not constitute a waiver of those rights. The exercise of one or more of the Company’s rights hereunder shall not be a waiver of, any rights or remedies available to the Company under these T&C or in law or at equity.
  3. By participating in the Contest, the Participant hereby consents to the accessing of information of the user on social media platforms by the Company for the purpose of this Contest.
  4. If, for any reason, a court of competent jurisdiction finds any provision of the T&C, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible under law so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the T&C shall continue in full force and effect.
  5. The Participant and the Company are independent parties, and nothing in the T&C will be construed to create a partnership, joint venture, employment relationship, etc. between the Participant and the Company. The Company and the Participant have entered this T&C on principal-to-principal basis.
  6. This Contest is governed by laws of India and the courts in Mumbai, India shall have exclusive jurisdiction in respect of all disputes that may arise in relation to the Contest.

DISCLAIMER

ALL PARTICIPANTS ACCEPT THE CONDITIONS STATED IN THESE T&C AND AGREE TO BE BOUND BY THE DECISION OF THE COMPANY AND WARRANT THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST AND RELEASE THE COMPANY FROM AND AGAINST ALL CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THEIR PARTICIPATION AND/OR ENTRY IN THE CONTEST AND/OR AWARDING OF OR USE OF ANY PRIZE AWARDED IN THIS CONTEST. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.