1. Offer: This “Scan and Win” offer is being operated by Castrol India Limited (“CIL” or “Castrol”) for the Participants (as defined below) and on the Products (defined below), only for the Offer Period. This Offer is for limited geographies till the Product stocks last. During the Offer Period, Participants will be eligible to receive the Offer Benefits. The Participant’s eligibility to receive these Offer Benefits is subject to the Participant’s compliance with these Terms and Conditions (“T&C”).
2. Territory: Participation in the Offer is open to the legal residents of India as permitted by law and in compliance with these T&Cs. Offer is only available in India except in the state of Tamil Nadu and in other states if prohibited by applicable law. Any Products that become available outside the territory of India, or any individual who participates in the Offer while being located outside the territory of India, each, will not be eligible for the Offer Benefits and may be debarred by CIL on identification. CIL reserves its rights in terms of these T&Cs to recover the Offer Benefits if inadvertently passed on to otherwise debarred/ineligible participants.
3. Participants: Any individual who registers itself as a user on Castrol Fast Scan mobile application (available on Android and Play Store) (“FastScan”), purchases the Product and scans the unique QR code available inside the cap of the Product through the FastScan app, during the Offer Period, shall be considered a participant (“Participant”) to the Offer. CIL reserves the right to debar any Participant if they are found to be in breach of these T&C at any time during the Offer Period or otherwise found to be in breach of the laws of India.
4. Products: This Offer is available only on Castrol Activ Engine Oil with net quantity of Castrol Activ -20W40 (1L & 900ml), Castrol Activ 10W30- (1L & 900ml), Castrol Activ Cruise - 20W50 (1L & 1.2 L), Castrol Activ Honda - 10W30 (1L & 800ml), & Castrol Activ Honda Scooter (10W30 800 ml) (“Product”). It is clarified that this Offer is not available for Castrol Activ Essential (any pack size) or Castrol Activ Cruise 15W50 2.5 L or, any other product manufactured or marketed by CIL. Product packs with a call out on this Offer as “Scan & Win” along with the Offer Benefits mentioned on the pack will be available during the Offer Period. Every Product pack, with or without this Offer’s call out on it will be eligible for the Offer Benefits during the Offer Period, each in line with these T&Cs. Products with this Offer’s call out may be available in the market post 31st March, 2024. Any scan of the QR code on such packs post 31st March, 2024 will not be eligible for this Offer.
5. Offer Period: This Offer shall commence from 1st January, 2024 and shall expire on 31st March, 2024 (“Offer Period”). CIL reserves its right to extend the Offer Period or reduce it, with or without prior notice to the Participants.
6. Offer Benefits: In this Offer, CIL shall provide the Participants with the below mentioned benefits, each subject to these T&Cs.
Sno | Type | Description | ||
---|---|---|---|---|
1 | Variable Assured Value Coupon | Upon scanning of the QR code available on the Product through FastScan app, every Participant will receive Rs 15 as an assured value. Certain lucky Participants will also stand a chance to win variable coupon values of Rs 25 or Rs 50 or Rs 100. The variable coupon value of Rs 25, or Rs 50 or Rs 100 are inclusive of the assured value of Rs 15. Participants can scan multiple coupons during the Offer Period and receive multiple coupon values. Participants from the Indian State of Tamil Naidu will be provided an assured coupon value of Rs 20 on each scan. This value shall remain fixed during the Offer Period on all scans by such Participants. Participants in Tamil Naidu will not be eligible for the Mega Prizes set forth below. Payment of the coupon value shall be subject to TDS in compliance with the applicable laws. |
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2 | Chance to Win certain Mega Prizes | Over and above the Variable Assured Value Coupon (as defined above) certain lucky Participants will also stand a chance to win | ||
Type | Description | Numbers | ||
SUV Car | Tata Harrier (Expected price up to Rs 20 lakhs) | 3 | ||
Motorcycle | Royal Enfield Motorcycle (Expected price up to Rs. 2.25 lakhs) | 100 | ||
Smart Phone | Samsung Smartphone (Expected price up to Rs 50 thousand) | 200 | ||
E-Commerce Voucer | Flipkart Voucher of Rs 1000 each | 5000 | ||
each subject to the Participant’s compliance with the terms and conditions as defined below and each subject to the availability of the same in the market. The budgeted number of Mega Prizes are set out in the table above, however the same are subject to change at any time by CIL, with or without notice. Note: Mega Prizes are subject to change, with or without notice, in the sole discretion of CIL including the total number of Mega Prizes for the Offer Period. The price for the Mega Prizes are approximate and may be revised upwards or downwards by CIL in its sole discretion, with or without prior notice. A Mega Prize Winning Participant will be selected in the manner defined hereinafter. A Participant will be eligible for only one Mega Prize during the Offer Period, irrespective of the number of coupons scanned. The Participants upon winning a Mega Prize will continue to be eligible for Variable Assured Value Coupons on each scan during the Offer Period. |
7. Offer Redemption: Each Participant is required to follow the following steps for participating in the Offer and for being eligible to receive the Offer Benefits.
a. Download the FastScan mobile application on your smartphone. Each Participant shall carefully check the FastScan mobile application description and only download the genuine mobile application. Download FastScan by clicking on the link for android: https://play.google.com/store/apps/details?id=com.nihilentanalytics.TurfviewMobile&pcampaignid=web_share, for iOS https://apps.apple.com/in/app/castrol-fast-scan/id1448983897 CIL shall not be liable for any frauds, losses or damages that a Participant may be subjected to by third parties, including and not limited to any frauds, losses or damages, because of the Participant’s oversight or by downloading incorrect application or otherwise. Each Participant is expected to behave reasonably and responsibly and remain vigilant against third parties trying to defraud the Participants.
b. Register yourself on FastScan by following the procedure mentioned therein. Each Participant is required to add correct information and is required to keep such information updated from time to time. Participants will be required to add his correct Full Name, Phone Number, Pin Code of its location, PAN Number and Bank Account Details.
c. Purchase genuine CIL Product. Don’t purchase a tampered, spurious, defective or counterfeit Product.
d. Open the Product cap/lid and look for the unique QR code inside the cap/lid.
e. Scan the QR code using the FastScan app. Each QR code can only be scanned once. The QR code will be disabled after the Participant has scanned the same.
f. Upon scanning the QR code, the FastScan app will show the Participant the Offer Benefit received by such Participant or its eligibility to receive an Offer Benefit.
g. A Participant may receive a Variable Assured Value Coupon, on each scan. The coupon value will be credited to the Participant’s bank account (as updated by the Participant on FastScan) or will be eligible for redemption in line with the terms and condition available on the FastScan app. Please read the FastScan T&Cs available on the app. Each such payment shall be subject to tax deduction at source.
h. Some Participants may also become eligible to receive a Mega Prize (as defined above) once during the Offer Period, upon scanning the QR coupon code available in the Product. It is clarified that once a Participant becomes eligible for a Mega Prize, the Participant will not be eligible to receive any other Mega Prizes during the Offer Period however such Participant shall continue to receive the Variable Assured Value Coupon during the Offer Period.
i. Each Participant who become eligible for getting a Mega Prize will receive a message on FastScan, upon scanning the QR code from the Product, displaying the Mega Prize that the Participant is eligible for. Each Participant is required to keep that message secure. CIL will also communicate to such Participant its Mega Prize eligibility even through the Castrol Customer Care numbers, as applicable.
j. Each such eligible Participant shall receive a call from a Castrol Customer Care representative within 48 working hours from the Participant receiving its Mega Prize eligibility message. Such call will be made to such Participant from 02261772604 number. Participants are required to remain vigilant and not share their details with any unknown callers or third parties that may misrepresent themselves. CIL will not be liable in case of any frauds that a Participant gets subjected to by any third parties including for any losses or liabilities arising thereto.
k. For each such Participant, the Castrol Customer Care representative will, post verification of the Participants details, inform the Participant of the information that is required to be provided by the Participant to CIL for further verification and completion/clearance of the compliance procedures. Such information will include and shall not be limited to address, phone number, identification documents and other details for verification as set out below
i. Full Name (as per government ID proof)
ii. Full Address (as per government ID proof)
iii. Government ID
CIL reserves a right to seek more information or seek clarity on the provided information.
l. Following the receipt of the above information from the Participant who becomes eligible for the Mega Prize, CIL will conduct a detailed due diligence through its third-party service providers, to ensure that such Participant is not barred by any law and/or does not pose a legal, ethical, reputational, policy related or other risks for CIL while providing the Offer Benefits. It is clarified that CIL is a part of the bp group of companies and owing to the groups’ operations across various countries, the group is subject to strict legal and compliance requirements. CIL anticipates that such due diligence shall be completed within 2-5 days, subject to receipt of complete and correct details from the eligible Participants. CIL will keep the Participant informed of any delay in the due diligence. CIL will not held responsible for any delay in completion of such due-diligence.
m. Any Participant who does not clear the due diligence, will be denied the Offer Benefits. CIL in its sole discretion will decide the manner of communication of such denial. CIL in its sole discretion may decide to provide the reasons for such decisions or may choose not to provide the same to comply with the applicable laws or its internal policy and compliance requirements. CIL in such cases also reserves a right to debar the Participant from using FastScan and/or being eligible for this Offer or any other Offer that CIL may run in future. CIL in its sole discretion may forfeit the Mega Prize reserved for the eligible Participant or may decide to add such Mega Prize back to the Mega Prize pool for this Offer, with or without any prior written notification. Any Participant’s challenge to the findings of CIL’s due diligence will not be entertained. CIL reserves all its rights to deny any Offer Benefits to any Participants.
n. Participants who become eligible for a Mega Prize and who clear the due diligence will be informed of them becoming the winners (“Winning Participant”) of the Mega Prize.
o. Each Winning Participant will be provided with the anticipated delivery dates for the Mega Prize it is eligible for.
p. The Winning Participants of the below mentioned Mega Prizes are hereby informed of the below mentioned terms that are applicable for such Mega Prize delivery.
i. An E-Commerce Voucher-
• Winning Participant will be provided with the e-commerce voucher within such time frame as may be notified by CIL to the Participant being the Winning Participant of such e-commerce voucher.
• The e-commerce voucher will be directly delivered to the phone number registered by the Participant on FastScan.
• The e-commerce voucher will have certain terms and conditions applicable on it, including a certain expiry date. Each Participant is required to read through the terms and conditions for such e-commerce vouchers and use the e-commerce vouchers accordingly.
• If the e-commerce voucher is misplaced or lost or is redeemed improperly or expires, or becomes unavailable with the Participant because of issues with their smartphones or transition from one smartphone to another, or for any other reason whatsoever CIL will not be issuing any replacement for such e-commerce vouchers.
• The e-commerce vouchers shall remain non-transferable and shall be utilized only by the Winning Participant and only in compliance with the applicable law.
ii. A Smart Phone-
• Winning Participant will be provided delivery dates of the smart phone along with the courier details and courier carrier details via whatsapp or text messages.
• The courier service provider may also send an OTP to the Winning Participant which is required to be verified by the Winning Participant at the time of delivery. Such OTP shall be kept safe and secure and shall not be shared with any third-party caller.
• Each Winning Participant will be required to provide the delivery service provider with a proof of its identification (government ID card) for verification at the time of delivery. Unavailability of such proof will lead to cancellation of the delivery and may even lead to an eventual denial of the Offer Benefit.
• The Winning Participant will also be required to sign and deliver to such delivery service provider a certificate of receipt of such smart phone, in such format as may be provided by the delivery service provider.
• The Winning Participant may even be required to click an image with the delivery service provider for records and verification purpose.
• It is clarified that the smart phone delivery is also subject to availability of the same in the market. In case of any discontinuation, unavailability, unsuitability or for any other reason as CIL may deem fit, CIL reserves a right to source and provide any other smart phone with or without prior notice to the Participant.
• Each Participant is required to open and check the smart phone on delivery.
• CIL will not be liable for any damage to the smart phone post-delivery or by the delivery agents.
iii. A Motorcycle or a SUV-
• Winning Participant will be provided with the details of the nearest showroom for such vehicle manufacturer.
• CIL representatives (including employees & service providers) and the Participant shall be required to meet for the vehicle booking formalities. CIL and the Participant will agree on a certain date on which the parties shall meet.
• For the purpose of ease of communication, the Castrol Customer Care centre will provide the Participant with the phone number and name of CIL’s local representatives for such locality who shall coordinate with the Participant.
• Participant will be required to travel to such showroom at its own cost and expense.
• It is clarified that CIL representatives shall enable the booking of the said vehicle in the name of the Winning Participant however the delivery timeline for the said vehicle will be dependent on the vehicle manufacturer and the vehicle showroom.
• CIL shall not be responsible for any delay attributable to such showroom or vehicle manufacturer.
• It is clarified that the vehicle make and model number will communicated to the winning Participant by the Castrol Customer Care Centre and such vehicle make or model number will not be amendable on the desire of the Winning Participant.
• The booking fees for such vehicle shall be paid directly by CIL and its representatives on the date of booking meeting.
• The vehicle showroom and/or CIL’s representatives will keep the winning Participant informed of the anticipated delivery date of the vehicle.
• The parties shall coordinate for meeting on the date of delivery of the vehicle.
• All the documents required for the purchase and registration of the vehicle will have to be provided by the Winning Participant.
• It is also clarified that the vehicle will be booked, purchased and registered only in the Winning Participant and shall not be transferable to any other third party irrespective of the relationship between such third party and the Winning Participant.
• Upon the date of delivery, CIL or its representative shall make the full payment for the on-road price for the vehicle which shall include the registration cost.
• Any accessories or additional discretionary costs related to vehicle delivery (if any) shall be borne by the Winning Participant.
• Upon delivery the Winning Participant itself shall be solely liable for the vehicle upkeep and usage. Each Winning Participant shall continue to use the vehicle only in compliance with the applicable laws. Any liabilities arising from the Winning Participant’s usage of the vehicle shall be solely attributable to and on account of such Winning Participant.
• Winning Participant will also be required to sign and deliver to CIL representatives a certificate for receipt of such vehicle, in such format as may be provided by CIL representatives.
• Winning Participant will also be required to click an image with the CIL representatives for records and verification purpose. Such images shall stand assigned to CIL and CIL shall be free to use such images in line with these T&Cs.
• It is clarified that the vehicle delivery is also subject to availability in the market. In case of any discontinuation, unavailability, unsuitability or for any other reason as CIL may deem fit, CIL reserves a right to source and provide any other vehicle with or without prior notice to the Participant.
• Each Participant is required to properly inspect the vehicle before taking delivery. CIL will not be liable for any damage to the vehicle post-delivery or by the delivery agents.
q. Each Winning Participant is required to ensure his/her availability at the time of taking delivery of the applicable Mega Prize. In case of unavailability of the Winning Participant at the time of delivery, CIL may make additional good faith attempts to have the prize delivered on more than one occasions, however does not commit to the same. In case of unavailability of the Winning Participants, CIL may require the Winning Participant, to collect the prize from its service provider’s office location at the cost and expense of such Winning Participant.
8. Mega Prize Winning Participant Selection:
a. Each QR code on scanning, generates a unique ID code from the back-end. To select the Winning Participants of Offer Benefits , CIL will run a program to ensure that the Participant who scans the QR code on a certain pre-defined frequency during the Offer Period will be eligible to win a pre-determined category of Mega Prize. Similar logic will be used for all Offer Benefits.
b. Each Winning Participant may be selected and declared at different time during the Offer Period. CIL in its sole discretion will decide the periodicity of randomization and Winning Participant declaration. CIL does not commit to any specific number of Winning Participants, or periodicity of Winning Participant declaration or makes any other commitments.
c. Upon delivery of the Mega Prize, all liability for any loss or damage, including any property damage, personal injury, or death to the Winning Participant or any third party arising from the use of any Mega Prizes shall be the sole responsibility of the Winning Participant and the Winning Participant shall indemnify and hold harmless the CIL and its affiliates against any claims arising thereof. The Winning Participant is responsible for any and all other costs and expenses in relation to the Offer Benefits.
9. Mega Prizes Eligibility Rate: It is anticipated that the Participants who become eligible for the Mega Prizes during the Offer Period may get identified on the below mentioned frequency. It is clarified that the frequency set out below is only a good faith estimate and is derived basis a good-faith estimate of the number of QR codes that may be scanned on each day during the Offer Period. This frequency shall remain unpredictable and may increase or decrease during the Offer Period.
Mega Prize Type | Frequency (approximate estimates) |
---|---|
SUV | 1 per month |
Motorcycle | 1 per day |
Smart Phone | 2 per day |
E-commerce Voucer | 50 per day |
10. Product Price: It is clarified that the Product prices may be revised at any time by CIL without prior intimation.
11. Product Availability: CIL will make good faith efforts to ensure continuous availability of the Products in the applicable market. CIL will not be responsible for any delay and/ or limited availability of Products in any event, including force majeure events.
12. Entire Agreement: Each Participant shall be deemed to have read through, understood, accepted and agreed to abide by these T&C. These T&Cs are to be read in conjunction with the terms of use and privacy policy of the FastScan app. In the event of any conflict w.r.t the terms of use or privacy policy of FastSacn app related to the Offer, these T&Cs shall supersede. For matters related to information collection, storage and general usage of FastScan the FastScan terms of use shall govern. Please read the FastScan terms of use and privacy policy before proceeding. Each Participant confirms that it has carefully reviewed the BP Code of Conduct (available at https://www.bp.com/content/dam/bp/business-sites/en/global/corporate/pdfs/who-we-are/our-code-our-responsibility.pdf ) (“BP Code”) and agrees to comply with the principles contained therein.
13. Participation:
a. Each Participant represents that he/she
i. is above the age of 18 years on the date of participation in the Offer;
ii. Is an ordinary resident and citizen of India;
iii. Is not barred under any law, order, regulations, rules or judgements or otherwise from entering into contracts or from receiving any Offer Benefits stated herein;
iv. Is not barred from purchasing the Products;
v. Is operating and residing in compliance with the laws of India.
b. It is clarified that individuals falling in the below categories of individuals are not eligible to participate in the Offer, and upon identification of any Participant falling under such category, CIL may elect to remove and debar such Participant from this Offer, from receiving any Offer Benefits and debar from participating in any future offers of CIL.
i. Employees of CIL & Smollan
ii. Employees of 4 Minute Mile Marketing Services Pvt Ltd, who are involved in running and operating this Offer.
iii. Employees of Nihilant Ltd., who are involved in running and operating this Offer.
c. CIL may require a Winning Participant to provide CIL with an undertaking of its compliance with the requirements set out in these T&Cs. In case it is identified by CIL post delivery of the Mega Prizes that a Participant has operated in non-compliance with these T&Cs to receive an undue benefit, CIL may in its sole discretion initiate appropriate legal proceedings for recovery of the Mega Prizes provided to the Participants.
d. Any person who is the subject of national, regional or multilateral or equivalent laws, rules or regulations (including but not limited to the laws of India, United Kingdom, United States of America, EU and UN) in connection with economic and trade sanctions or equivalent restrictions, may be debarred from participating in this Offer upon identification. Castrol reserves its right to initiate recovery or other proceedings against such persons, if they are found to have received some benefit under this Offer.
14. In the event of a dispute as to any Participant’s registration, the authorized holder of the mobile number used to register on FastScan app for the Offer will be deemed to be the Participant. The authorized account holder is the natural person assigned a mobile number by a telecom service provider. Any Winning Participant may be required to show proof of being the authorized account holder and may be disqualified from the Offer if such person fails to substantiate its ownership. For CIL the owner of a Product will be the individual who scans the QR code of such Product. In case the QR code scanner and the purchaser/owner of the Product are different, then in such cases CIL shall disburse the Offer Benefit only to the person scanning the QR code. Any dispute w.r.t the ownership of such product or ownership of the Offer Benefit shall be resolved between the purchaser and the person scanning the QR without any recourse or liability towards CIL. Any looses or liabilities or costs incurred by CIL arising from such proceedings between the purchaser and the person scanning the QR code will be borne by the person who is in non-compliance of these T&Cs.
15. If a Mega Prize becomes unavailable due to any reasons or is prohibited by law, CIL and its appointed service providers may at its sole discretion award a substitute prize of equal or similar value, subject to any applicable laws or written directions made under applicable legislation.
16. The Winning Participants accept responsibility for all national, regional, federal, central, state and local taxes and fees, including possible delivery charges, in connection with receipt and use of the Mega Prizes. Apart from the Mega Prizes awarded as part of the Offer, no other monetary compensation will be paid to any Participant.
17. All Mega Prizes Offered in this Offer are subject to the terms and conditions, warranty, and return policies of the relevant manufacturer of such Mega Prizes. CIL and / or its appointed service providers accept no responsibility for providing any support for Mega Prizes other than those stated herein. None of the Offer Benefits can be transferred to any third party. Any transfer to any third party of such Offer Benefits shall only be on account of the Participants and the Participants shall indemnify and hold harmless CIL from and against any liabilities or losses or penalties or other proceedings initiated against CIL because of such transfer.
18. CIL accepts no responsibility for any variation in a Mega Prize or such Mega Prize numbers. CIL makes no warranty or guarantee in whole or in part, express or implied, in fact or in law, in relation to the use or usability of any Mega Prize including, but not limited to, its quality, and merchantability, fitness for a particular purpose or suitability for use.
19. It is clarified that no Mega Prize can be transferred to any third party or redeemed for cash. In case a Participant is unable to receive any specific Mega Prize, CIL retains its right to disqualify such Participant any forfeit such Mega Prize or add such Mega Prize back to the pool of Mega Prizes for this Offer.
20. Each Participant consents to its information which will include (name, contact no, bank account, residential address, ID, etc), to be used by CIL for the purpose of operating this Offer, which purpose shall include and not be limited to sharing the Participant’s information with third parties for due-diligence, for coordinating the delivery of the Mega Prizes, for purchasing and providing the Mega Prizes and for such other purposes as defined hereinabove. By submitting its details on the Fast Scan App, each Participant consents to the terms and conditions of the Fast Scan app along with the terms and conditions set out herein, which terms include and are not limited to CIL’s use of the Participant’s information and data for communication regarding products, services, promotion offers or any other marketing activities by CIL and bp plc along with their affiliates, service providers, agents, partners and agencies.
21. It is clarified that the collection, storage and processing of your information shall be governed by privacy policy which can be found at https://www.castrol.com/en_in/india/privacy-statement.html.
22. Privacy: Each Participant consents to collection, sharing (including with third parties for implementing the Offer such as the delivery service provider, the vehicle manufacturer, the vehicle showroom, the procurement agencies, the ecommerce company providing vouchers, customer service agencies, or communicating other offers/activities in future), storing, processing & use of their information i.e., name, address, phone number, email id, bank account etc, for the purposes detailed herein, as per CIL’s privacy policy available at https://www.castrol.com/en_in/india/home/privacy-statement.html. CIL may share the information within the BP group companies, and/or with other third-party service provides including data processors from or outside India. CIL also has the right to use and publicize the name, picture, video and/or voice etc, of any Participant for other activities, in any manner and medium (including internet) as deemed fit. CIL shall own the IPR on such videos, pictures, and other material.
23. Intellectual Property Rights & Confidentiality: All intellectual property rights (“IPR”) related to CIL, its products, and the Offer (including documents), will vest solely with CIL and/or its affiliates, globally. Nothing herein provides the Participant a right and/or license to use the IPR for any purpose whatsoever. Offer and T&C’s are confidential and shall not be shared with any third party. Confidentiality obligations shall survive the Offer Period.
24. Limited Liability: In no event shall CIL and/or its affiliates, and their respective officers, directors, agents, and employees, be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to this Offer.
25. Each Participant agrees that CIL shall have a right to publicize, broadcast and communicate to the public the names, images, videos, identifiable information, characters, likeness and voice of Winning Participants for any promotion or matter incidental to the Offer or otherwise for CIL’s marketing purposes.
26. Participants may be required by CIL to participate in photo, recording, video and/or film session(s). Participants’ hereby acknowledge that CIL has the right to use such publicity materials in any medium (including internet) and in any reasonable manner it seems fit.
27. Participant’s agree to provide CIL testimonials of their experience of using the Products, their participation in this Offer or general testimonials on CIL. The Participants also agree to sign and provide to CIL a release form such testimonials, which release form shall assign the testimonials to CIL and permit CIL’s use of the same in line with such release form.
28. CIL reserves the right at any time and from time to time to modify or discontinue ( temporarily or permanently) this Offer with or without prior notice at any time for whatsoever reason, including but not limited to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of CIL in all matters under its control relating to the Offer is final and binding and no correspondence will be entertained related to the same.
29. CIL shall not be liable for any failure to comply with its obligations caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, epidemic, pandemic, hostilities, political unrest, riots, civil commotion, inevitable accidents, acts of God or any other circumstances amounting to force majeure (including the operation/disruption of the internet/telephone systems) and CIL may cancel all or any part of the Offer without any liability to any person whatsoever.
30. CIL and its affiliates and subsidiaries, and all respective officers, directors, employees, representatives, and agents of each, shall have no liability and shall be held harmless by the Participant for any damage, loss, or liability, cause of action, claims, suits, demands and rights of whatever kind and nature whether in law or in equity, arising out of or in connection with the Offer.
31. CIL reserves the right, in its sole discretion, to disqualify any Participant that CIL reasonably believes to have tampered with the operation of the Offer (or who is otherwise found to be acting in violation of these T&Cs).
32. CIL shall not be responsible for a) technical, hardware, software or other failures of any kind; or b) for any lost, interrupted or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by CIL, Participant, or by any of the software, application, equipment or programming associated with or utilized in the Offer; or c) any technical or human error which may occur in the processing of data which may damage a Participant’s system or limit a Participant’s ability to participate in the Offer.
33. CIL shall also not be responsible for any loss or damage if it must discontinue or cancel the Offer in compliance with any law, ruling, order, regulation, requirement or instruction of any central/state government or for any other unavoidable reasons beyond its control.
34. CIL, may at any time in its discretion, change and / or modify the terms and conditions as it may deem fit.
35. CIL will not be responsible in case any of the terms of the Offer are misunderstood or misconstrued by the Participant.
36. CIL shall not be liable to make any payment towards any expenses which might be incurred by the Participant/Winning Participant to redeem their winnings.
37. All taxes, including income tax, if any, which will be incurred by the Participants and/or Winning Participant will be borne by the Participants and/or Winning Participant alone and CIL shall not be liable to bear the same.
38. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between Participants and CIL.
39. Notwithstanding anything to the contrary contained in this Terms and Conditions under any circumstances whatsoever, CIL shall not be liable for any incidental, ancillary, direct, indirect, special or consequential damages arising out of or in connection with the Offer including but not limited to lost profits or injury or death, whether in contract or based on any theory of liability.
40. Each Participant agrees that participation in the Offer is voluntary to the Participant and CIL Products are available without participating in the Offer as well.
41. Each Participant declares his/her compliance with these T&Cs. CIL shall not be obligated to ascertain a Participant’s compliance with these T&Cs.
42. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Participant’s rights and obligations, or the rights and obligations of CIL in connection with the Offer, shall be governed by, and construed in accordance with laws of India without giving effect to any choice of law or conflict of law rules.
43. Disputes if any, shall be subject to the applicable courts located in Mumbai.