Prior to the participation in any of our contests, it is advisable for you to take a couple of minutes to read the following Terms & Conditions and ensure that you are completely aware of the Terms & Conditions.
They are unconditionally and irrevocably binding on all contestants.
1.1 Entry and participation in any contest shall be deemed an unconditional and irrevocable acceptance of these T&C. All entry instructions and any other specific details relating to the contest or the prizes form part of these T&C (but in the event of any conflict or inconsistency, these T&C shall prevail).
1.2 These Terms and Conditions (”T&C”) shall be binding on all persons entering any (“contest (s)”), including their guests if applicable, (”Participant(s)”) from time to time.
1.3 All decisions of Offbeat Developers Pvt Ltd in any matter under these T&C shall be final and no discussion or correspondence will be entertained.
1.4 A failure by Offbeat Developers Pvt Ltd to enforce any of these T&C in any instances will not give rise to any claim by any person.
1.5 Offbeat Developers Pvt Ltd reserves the right to amend these rules at any time at its sole and absolute discretion.
1.6 The Participant has made certain representations and warranties to Offbeat Developers Pvt Ltd (both in these T&C and otherwise) in applying for a place on the Contest. Offbeat Developers Pvt Ltd has relied on the accuracy and truth of such representations and warranties in granting a place to the Participant. Should Offbeat Developers Pvt Ltd or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Contest or otherwise, or any act or omission which might have (in Offbeat Developers Pvt Ltd’s opinion, which shall be final) an adverse effect on the Contest, Offbeat Developers Pvt Ltd reserves the right to forfeit the Participant’s place in the Contest (without giving any reason and without notice).
1.7 The Participant agrees to co-operate with and comply with all reasonable requests of Offbeat Developers Pvt Ltd and its agents and employees (and in particular the health and safety team) in connection with the Contest and its broadcast.
2. Eligibility to enter Contest
Unless otherwise specified, individuals who enter in any of our Contest:
2.1 All Participants MUST be 18 years and above at the time they entered the contest and citizen of India and/or permanent residents of India and, if requested by Offbeat Developers Pvt Ltd, shall provide evidence of the same. In the event the participant is below 18 years old their participation must be supervised by their parents or legal guardian.
2.2 Offbeat Developers Pvt Ltd reserves the right to disqualify a Participant in the event, Offbeat Developers Pvt Ltd learns of Participant’s ineligibility after awarding the prize. Any prize awarded shall be recovered fully by Offbeat Developers Pvt Ltd.
2.3 The participants are solely responsible to collect and observe the valid period. Any 2 winners with the same phone number will be considered fraud and both will be automatically disqualified with or without notification.
2.4 Employees /associates of Offbeat Developers Pvt Ltd are not eligible to participate in this contest. Relatives of Offbeat Developers Pvt Ltd are not eligible to participate in this contest.
3. The Contest
3.1 The interests and good reputation of Offbeat Developers Pvt Ltd are paramount and Offbeat Developers Pvt Ltd may, at its sole discretion, withdraw a place or require a Participant to cease to have any involvement in the Contest and if it believes it is in the best interests of Offbeat Developers Pvt Ltd to do so. In particular (without limitation), Offbeat Developers Pvt Ltd reserves the right to immediately withdraw a Participant’s place in the Contest or the Prize if it believes the Participant to be in breach of any of its obligations, or representations and warranties, under these T&C or otherwise conducts herself in a manner which is inappropriate or unsuitable (in the discretion of Offbeat Developers Pvt Ltd). The Participant shall be responsible for any additional costs in this respect (including the costs of the Participant’s early return back to the country, if necessary).
3.2 Offbeat Developers Pvt Ltd will not be legally bound by any act /omission of the contestant which might bring Offbeat Developers Pvt Ltd into disrepute.
3.3 The Participant will comply with the instructions and directions of Offbeat Developers Pvt Ltd (failure to do so may lead to immediate disqualification, at Offbeat Developers Pvt Ltd’s direction).
3.4 Incomplete or indecipherable entries will be void (in Offbeat Developers Pvt Ltd’s absolute discretion).
3.5 Offbeat Developers Pvt Ltd does not accept responsibility for entries lost, damaged or delayed in transit to the contest address. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).
3.6 All entries send via the internet are at the risk of the Participant and in the event there are any technical difficulties experienced arising out of the internet or from any associated equipment or internet security is compromised, Offbeat Developers Pvt Ltd may at its absolute discretion disqualify the entire entry and shall not accept any liability in doing so.
3.7 Late entries will not be entertained accepted (in Offbeat Developers Pvt Ltd’s discretion).
3.8 In the case of a prize draw, the first correct entry drawn will be the winner.
3.9 The decision of Offbeat Developers Pvt Ltd’s judges is final and conclusive in all circumstances and no correspondence will be entered into.
3.10 Offbeat Developers Pvt Ltd has the exclusive right, to withdraw a contest with immediate effect by on air announcement (in the case of on-air contests) or by stating the same on the relevant website (in the case of on-line contests) without any liability in respect thereof.
3.11 Assuming a valid claim has already been made, Offbeat Developers Pvt Ltd reserves the right to offer an alternative prize at some other time and/or some other destination of equivalent value, which may be accepted instead by the Participant. If such alternative prize is not accepted (or not made) the Participant shall have no claim against Offbeat Developers Pvt Ltd in respect of the cancellation or delay of the Contest or prize. Any expense or financial losses or damage whatsoever incurred as a result thereof will not be reimbursed by Offbeat Developers Pvt Ltd.
4. Claims to Prizes
4.1 In order to enable Offbeat Developers Pvt Ltd to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, Offbeat Developers Pvt Ltd reserves the right to carry out an interview (by telephone or in person with a Participant and to tape record the interview). If a Participant refuses to participate in or answer all questions raised in such an interview without good reason then the Participants place will be treated as invalidated.
4.2 If Offbeat Developers Pvt Ltd becomes aware of any fraud, deceit or similar action during or in relation to the contest which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of Offbeat Developers Pvt Ltd, that the Participant had no actual or imputed knowledge of the same. For the avoidance of doubt (and without limitation), if a Participant provides an incorrect name, age, contact number, address or other incorrect information in relation to the entry, then Offbeat Developers Pvt Ltd reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after the Participant has made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, the Participant undertakes to return the same (or provide compensation) to Offbeat Developers Pvt Ltd forthwith upon discovery by Offbeat Developers Pvt Ltd.
5.1 All Prize Collection must be done in person at our prize collection counter:
Concierge Desk, Phoenix Marketcity Mumbai, LBS Marg, Kurla (West), Mumbai, Maharashtra 400070
5.2 All prizes must be collected within the stipulated time. Prizes not collected within the stipulated period will be forfeited. Offbeat Developers Pvt Ltd shall not be obliged to notify winners of the collection deadline. It is the sole responsibility of the Winners to collect their prize.
5.3 Special situations, and subject to the prior authorization of Offbeat Developers Pvt Ltd, a winner may nominate a designated representative in writing to collect their prize. A copy of Authorisation Letter for both the winners and their representative will be required at the time of collection
5.4 All prizes are non-transferable to a third party and are not exchangeable for cash consideration. In the event that the prize is unavailable, Offbeat Developers Pvt Ltd may, in its sole discretion, to substitute a reasonable replacement for any of the prizes at any time.
5.5 All winners should be able to identify the prize won and the segment it was won on, when calling to enquire about prizes.
5.6 If a Winner chooses not to accept a Prize, they forfeit any and all claims to that Prize, which will be dealt with according to the absolute discretion of Offbeat Developers Pvt Ltd.
5.7 Offbeat Developers Pvt Ltd reserves the right to substitute or replace any prize with one of equal retail value. No complaints will be entertained on such matters.
5.8 Winners are solely responsible for all taxes payable as a result of a Prize being awarded or received.
5.9 Offbeat Developers Pvt Ltd will not entertain any complaints on the quality and quantity of the prizes after handing over the prize to a winner.
5.10 All Winners may be required by Offbeat Developers Pvt Ltd /prize sponsor to participate in interviews, photo or video sessions and acknowledge that Offbeat Developers Pvt Ltd /prize sponsor has the right to use such interviews, publicity photos and videos in any reasonable manner it sees fit, without payment of any compensation.
5.11 Offbeat Developers Pvt Ltd is not subject to any liability or guarantee arising out of the use of the awarded prizes. Offbeat Developers Pvt Ltd is not liable in any way for any costs, damages, loses, injuries suffered by winner.
6.1 The Participants undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to Offbeat Developers Pvt Ltd, its business, personnel, servants, agents or officers to anyone.
7.1 Winners must as a condition of the prize participate in all required publicity.
7.2 The Participant shall not without the specific prior written consent of Offbeat Developers Pvt Ltd publish or disclose any information in connection with the Contest or the Prize (in particular, without limitation, to a representative of the media, in whatever form).
The Participant shall not be entitled to give interviews or be involved in articles or reports in respect of the Contest or the Prize with any third party. All rights in relation to the Contest and the Participant’s involvement therein shall vest exclusively with Offbeat Developers Pvt Ltd.
7.3 The Participant agrees to undertake as requested by Offbeat Developers Pvt Ltd all interviews, Contests and other activities and to the reproduction / publication / exhibition / transmission and broadcast by all means and media throughout the world at the discretion of Offbeat Developers Pvt Ltd in perpetuity.
7.4 The Participant hereby grants and assigns to Offbeat Developers Pvt Ltd (to the extent that it is has the rights to grant the same) the entire copyright and other intellectual property rights in the Contest and her involvement in the Contest (including, without limitation, all interviews, pictures, audio, audio-visual, whether the Participant’s appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment. This assignment shall include the right for Offbeat Developers Pvt Ltd to amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephone) and to license any other persons to do so, in each case for such purposes as Offbeat Developers Pvt Ltd may in its absolute discretion determine.
7.5 Without limitation to any other rights under this Agreement, Offbeat Developers Pvt Ltd shall be entitled to refer to the Participant’s association with the Contest and the Prize in all publicity, marketing and Contest material in connection therewith.
8. Intellectual Property
8.1 In the case of contest which require Participants to submit audio recordings Participants grant to Offbeat Developers Pvt Ltd the unconditional and irrevocable right to broadcast the audio recording(s) submitted by Participants by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. Participants confirm that the use by Offbeat Developers Pvt Ltd of the audio recording submitted will not infringe any third party rights and shall indemnify Offbeat Developers Pvt Ltd for any loss, damage or liability arising in connection therewith.
8.2 Participants who submit audio recordings represent and warrant that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions in respect of the same.
8.3 For the avoidance of doubt, all rights in the name and title of the Contest and the format rights for the Contest will vest exclusively in Offbeat Developers Pvt Ltd for its own use (in its absolute discretion).
9. Offbeat Developers Pvt Ltd – exclusion of liability
9.1 Offbeat Developers Pvt Ltd is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the contest or prizes other than those costs and expenses specifically provided for in the prize (if any).
9.2 Offbeat Developers Pvt Ltd accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.
9.3 Offbeat Developers Pvt Ltd shall not be liable to perform any of its obligations under the contest or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate Participants in such circumstances.
10.1 The Participant undertakes the Contest at their own risk and agrees to indemnify Offbeat Developers Pvt Ltd and its employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from the Participant’s own actions in any way in connection with the Contest, the Prize or a breach of the Participant’s obligations hereunder.
10.2 There is no fee payable to the Participant in respect of her involvement in the Contest.
10.3 The Participant is obliged to take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Contest and acknowledges that all activities are undertaken at her own risk.
10.4 Offbeat Developers Pvt Ltd is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Contest. This limitation does not exclude any liability for negligence by Offbeat Developers Pvt Ltd or death or personal injury arising out of such negligence.
10.5 Offbeat Developers Pvt Ltd reserves the right to forfeit a Participant’s place in the Contest or the Prize (without liability or compensation) if, in its opinion, the Participant may expose herself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Contest.
10.6 In the case of on-line Contest Participants acknowledge that the internet is not a secure medium and information submitted to contest hosted on websites owned or controlled by Offbeat Developers Pvt Ltd may be accessed by third parties. Offbeat Developers Pvt Ltd accepts no liability in such cases.
10.7 These T&C shall be governed and construed in accordance with India n Law.
10.8 These T&C represent the entire agreement between the parties relating to the Contest or the Prize (unless otherwise expressly confirmed in writing by Offbeat Developers Pvt Ltd) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Contest or the Prize or any of these T&C should be relied upon unless confirmed in writing by Offbeat Developers Pvt Ltd. The invalidity, illegality, or unenforceability of the whole or part of a T&C or Condition does not affect or impair the continuation in force of the remainder of the T&C.
10.9 The 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. These T&C shall be governed by and interpreted in accordance with Indian law and the parties irrevocably submit to the exclusive jurisdiction of the Indian courts.
10.10 These T&C are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts.