TERMS AND CONDITIONS GOVERNING PARTICIPATION IN THE TOURNAMENT
By means of these terms and condition set forth herein (“Terms and Conditions”), Toyota Kirloskar Motor Private Limited (“TKM” or “Company”) is conducting an online tournament titled “GT Supra Cup Asia India” (“Tournament”) at its sole discretion whereby the Company is providing an opportunity to the interested participant (“Participant(s)”) to participate in the Tournament by playing the online tournament on Sony Play Station 4 being (referred as “Entry Platform”) and get a chance to win the gratification(s) (as defined hereunder) on terms more particularly described herein below, which Participant to have read, understood and agreed to be bound by the terms and conditions stated herein:
The participants must be aged 18 or above at the time of entry to participate in the Tournament.
The participation is only for resident Indians.
Employees of the Company, relatives of employees, and any other third parties associated with the brand concerning promoting, marketing or any other services are not eligible to participate in the Tournament.
The Company reserves the full right to exclude any participant from participating in the Tournament, on the grounds of misconduct, criminal record and/or if found in fraudulent or malicious acts of winning, and in all such cases the decision of the Company shall be final.
2. Procedure for participation
In order to participate in the Tournament, each Participant shall be required to submit his/ her entry on the Entry Platform (“Entry”) during the Tournament Period (as defined herein under) in the following manner :
Log on to Entry Platform and click on a banner titled “_Supra GT Cup Asia - India____________” on the Entry Platform. The Participant shall be directed to the ‘Paytm First Games’ page (“Gaming Platform”) whereby the Participant shall be required to fill the entire form provided on the Gaming Platform(s) more particularly being (i) name (ii)age (iii) mobile number (iv) email id (v) city (vi) Play Station Identification Number and any other information required by the Gaming Platform.
Post completion of filing the form on Gaming Platform, the Participation shall play the tournament as per the terms and condition mentioned on Gaming Platform.
3. Tournament Period
From August 19, 2020 at till September 26, 2020. No request for participation shall be entertained after 11:59 PM on September 7th, 2020 .
4. SELECTION PROCESS
At the end of the Tournament Period, 1 (one) winner; 1(one) second runner up ;1(one) third runner up and 7 (seven)consolation winner (collectively referred as “Winner”) will be selected based on the criteria and module of tournament and the same shall be governed by the terms and conditions of the Gaming Platform. The rules of tournament will be key for considering that Participant has completed the round with the highest points or the requirements as mentioned in the round and he / she is eligible to be declared winner/runner ups . In certain tournaments if there is a tie and in those instances Paytm First Games (“PFG”) may declare the winner/runner ups based on the tournament or keep a tiebreaker round. The Participants have to respect the decision and cannot raise any dispute or question the decision. No correspondence shall be entertained in this regard.
The winner, second runner up and third runner up of the Tournament shall receive the following amount in their respective registered PayTm Account (kyc linked) in the following manner:
|Winner||INR.1,00,000/-(Indian Rupees One lac only)|
|Second Runner Up||INR.75,00,00/-(Indian Rupees Seventy Five Thousand)|
|Third Runner Up||INR.50,00,000/-(Indian Rupees Fifty Thousand)|
further the 7 (seven) consolation winners shall receive merchandises of such brand and monetary values as per Company’s discretion (collectively referred as “Gratification”). For avoidance of doubt, it is clarified that apart from the Gratification, the Winners shall be not entitled for any other gratification/ opportunity whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the form of the Gratification and the Participant shall have no claim in any manner whatsoever in this relation. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company’s decision to this effect. Only one email id per participant is valid per attempt at the Tournament. The Gratification are provided on an “as is” basis and Company shall not be liable for any deficiency or defects in the Gratification e(s). Company shall not be liable in any difference or change in the features of the Gratification, from the one advertised.
All Gratification(s) shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2020, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 31.2% of the prize money amount. Prize money will be calculated as total winning amount net off Paytm First Games platform fees. Winner needs to provide PAN at the time of winning, before the end of the current month in which winnings are credited in his Winnings account, and in case the Winner fails to provide PAN, TDS certificate will not be issued. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Paytm First Games in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
Company shall contact the Winner(s) through email/phone to his/her contact details mentioned in their profile. Gratification for Winner, 2nd runner up and 3rd runner up shall directly deposited to the Winner, 2nd runner up and 3rd runner’ on their registered and valid Paytm Account and the shall be governed by “Paytm” terms and conditions, any queries related to the same shall be raised to Paytm directly. The Gratification for consolation winner shall be couriered to the address provided by the consolation winner at the time of registration on the Entry Platform after the verification of any valid proof/ documents requested by the Company including but not limiting to valid Aadhaar Card, Passport, etc.. Company shall not be liable for the Gratification being lost due to provision of incorrect contact details provided by the Winners or loss/damage during courier transit or due to any other reason thereof.
Incomplete or otherwise invalid entries shall not be considered or entertained.
5. General Terms and Conditions
The Tournament will be held within the territory of India, except for such states where it is specifically prohibited by law.
Company may request the Participant(s) to send in voice, motion pictures, and photographs of the winning hamper for media coverage, advertisement or publicity in any form which exists today or will be known anytime in the future. The participants agree to reasonably co-operate with such requests made by Company. By entering into the Tournament the Participant agrees that the Company shall have rights to use the Entry and the Participant agree to grant the Company, its affiliates, partners, licensors and associates, the permission and consent to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Entry and all information provided by the Participant to the Company at any time, on all mediums currently in use for an unlimited time, anywhere in the world, without further reference, payment or any other compensation to the Participant.
The participation on the Gaming Platform shall be governed by the terms and conditions of the Gaming Platform.
The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Tournament without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Tournament on the community pages on Facebook and Instagram. Participants agree to not hold the Company responsible for any loss or damage incurred due to such change of the Terms and Conditions or withdrawal of the Tournament.
The Participant(s) hereby undertake, warrant and guarantee to the Company that he/she has the full legal capacity to participate in the Tournament in accordance with law and also these Terms and Conditions.
Participant(s) represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Company in writing or that the Participant(s) is /are not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of registration and has no other disability which would prevent or impede his/her participation in the Tournament.
The Participant(s) acknowledges that he/she has voluntarily chosen to participate in the Tournament at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Tournament.
This Tournament is in no way sponsored, endorsed or administered by, or associated with Facebook or any other social media platforms mentioned herein. Participants are voluntarily providing their information to the Company, and by agreeing to the Terms and Conditions set out herein, consent to usage of such information by the Company for its internal purposes and for the purposes related to this Tournament, including but not limited to the purposes stated under these Terms and Conditions.
The Participants shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person (living or dead), religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights of the Company or any third party, in or outside India; violates any law for the time being in force; impersonate another person in a defamatory manner; 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, defense, 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 Company shall not be liable/responsible for any lost opportunity, damages, losses, costs, and expenses or otherwise suffered/incurred by any of the Participant(s) in connection with the Tournament.
Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, to cancel the Tournament or reschedule the Tournament dates.
The Participant(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit /litigation /injury /damage /harm/loss suffered by the Company in connection with any act or omissions of the Participant(s) in connection with the Tournament and/or any third-party rights claims with respect to the material/ Entry submitted by the Participant(s).
6. Other Terms
If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Ramanagar, Karnataka.
Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable
7. No Liability
The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Tournament.
All the information collected during submission of a Participant’s Entry is collected by the Gaming Platform and the Company shall not be held responsible for any loss, damage, mishandling or the equivalent caused to the information entered by the Participants on the Entry Platform.
The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Tournament or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Tournament. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Company’s reasonable control.
Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Tournament on account of occurrence of any event beyond the reasonable control of the Company (“force majeure factors”) or otherwise.
Company shall not be held responsible for any malfunction/ server error/ technical fault of any kind either at the Participant’s end or the Gaming Platform, which prevents the Participant from taking part in or completing in the Tournament.
The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from representations, misrepresentations or concealment of material facts by the Participant.