NGC - Postcards From Punjab Contest
Terms & Conditions
Please read the following Terms and Conditions very carefully before entering this contest ‘Postcards From Punjab Contest’ (“Contest”) conducted by NGC Network (India) Private Limited (“NGC”/“Us” /“We”). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.
These terms and conditions (“Terms and Conditions”/ “ T&Cs”) govern Your participation in this Contest to be held on Twitter handle @NatGeoIndia at https://www.twitter.com/NatGeoIndia/ (“Handle”) from 00:00 AM on November 11, 2020 to 11:59 PM on November 14, 2020 (“Contest Period/Period”), organized and conducted by NGC. You (“Participant(s)” / “ You” / “Your”) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of NGC for all matters relating to your participation shall be final and binding in all respects.
1. Principal Rules for Participation:
1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content:
i. The Participant should be an Indian citizen, residing in India only;
ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Contest;
iii. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for NGC to develop on the Content;
iv. The Participant should have proof of age and educational qualification when requested by NGC and must be mandatorily submitted by the Participant, to NGC such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by NGC to confirm the eligibility of the Participant;
v. The Participant should abide by all the applicable laws at all times.
vi. Employees, affiliates, directors and representatives of NGC and their immediate family member(s) are not eligible to participate in this Contest.
In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. NGC reserves the right but not the obligation to verify if an individual meets all the criteria.
You hereby understand and agree that NGC reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.
Qualification and parameters of Content: NGC invites all the interested Participants to review the 2 (two) factual questions (pertaining to the State of Punjab) posted by NGC on the Handle during the Contest Period (“Contest Post(s)”), which shall require the Participants to give correct answers to the questions posed in the Contest Post(s), within 24 hours from the time of such Contest Post(s), by way of a comment to the corresponding Contest Post from their own Twitter handle (“Content”).
The Participant (s) should only submit Content which satisfies the following criterion:
i. Relevant to the Contest as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest;
ii. Participant must follow the Handle (@NatGeoIndia).
iii. Content be original, creative and owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third party and/or privacy/personality rights;
iv. The Content should comply with all applicable laws
v. The Participant has not, prior to the submission of the Content, in the manner as set out below, pitched or shared or presented the Content to NGC and /or any of its employees /directors /representatives;
vi. The Content will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights;
vii. Shall not be in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.
You hereby understand and agree that NGC, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirements.
2. Contest Mechanism:
Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content via a comment on the Contest Post(s) from their own Twitter handle. The Participants may submit multiple answers to each Contest Post. However, only the first answer submitted by a Participant shall be considered by NGC for the purposes of this Contest. The Participant(s) agrees not to spam and/or comment the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.
Participant(s) must enter the Contest on his/her own behalf through their own Twitter accounts, not belonging to any third party, and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one handle and/or from more than one account of Twitter, NGC reserves the right to disqualify such Participant(s) from the Contest.
Stage 2. Internal Review of entries: After receiving Your submission of the Contest, NGC will internally review the Content for a period of 4 (four) days from the end of the Contest Period, or such other time period that NGC may decide at its sole discretion.
Stage 3. Result:
The first Participant to correctly answer the question posed in the Contest Post in accordance with paragraphs 1 and 2 above, shall be eligible to be declared as winner. There shall be a total of two (2) winners for the Contest i.e. one winner for each Contest Post (“Winners”). It is hereby clarified, that the Winner for both the Contest Posts cannot be the same Participant.
The Winners will be contacted via Direct Message (“ Private Message”) on the Handle to provide their name, age, email id, phone number (“Contact Details”) to email@example.com within 24 hours of such Private Message. In the event any Winner fails to submit their details, their entry in the Contest shall be invalidated.
Upon receipt of the Contact Details, NGC shall internally evaluate the same. If it appears that any of these Participant(s)/Winner(s) have already won any contest conducted by NGC in past 6 (six) months immediately preceding November 11, 2020, then such Participant(s)/Winner(s) shall not be eligible for being declared as a Winner of this Contest, regardless of the submissions made by such Participant(s)/Winner(s) on Handle. Upon completion of internal evaluation, NGC shall declare the names of Winners by tagging the Winners’ Twitter handles (to the extent permissible) on the Handle via a post, tentatively within seven (7) days from the end of Contest Period. Post this, NGC shall contact such Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“ Documents”) within 24 (twenty -four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and NGC shall forfeit his/her chance to win the Prize (as defined below). It is clarified that NGC shall not be obligated to shortlist another Participant(s) in place of such forfeited Winner(s) and such decision shall be final and binding.
NGC shall make only one (1) attempt to reach the Winners after the Contest Period. In the event such Winner(s), fail to respond within the timeline stipulated above, his/her selection shall be invalidated and stand disqualified and NGC shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, NGC may be free to select any other Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.
Stage 4: Winners and Prize
The Winners of the Contest shall win merchandise as may be deemed fit by NGC (hereinafter referred to as “Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of NGC. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by NGC.
NGC shall courier the Prize to the Winner at the address (within India only) as provided and confirmed by the Winner through the Documents as submitted by them under the terms of the Contest.
Upon dispatch of the Prize, in case during transit, if any loss/damage etc. is caused / incurred, NGC will not be liable for any such loss/damage etc. NGC shall not be responsible if the delivery is not possible due to reasons including but not limited to incorrect address provided by the participant, package being unclaimed, etc. Further, NGC shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which NGC is unable to intimate the Winner.
Given the restrictions imposed by the Central and/or State Government due to the COVID-19 pandemic, the Company shall endeavor to deliver the Prize to the concerned Winner within 6 (six) months from the date he/she is informed of winning the Prize. However, in case of any further delay due to the imposition of lockdown/restrictions imposed by the Central and/or State Government, the Participant will be informed of the same together with the tentative delivery date for the Prize. Any delay by NGC in delivering the Prize to the Winner shall not amount to breach by the Company of these Terms and Conditions and the Winner unconditionally agrees to not make any claims in this regard.
The Winner agrees and confirms that the Prize so awarded by NGC shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time. It is clarified that the Prize is non-transferable and may not be exchanged for cash. If the Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms, the Prize will be forfeited and awarded to an alternate winner(s) unless otherwise stated, at NGC’s sole discretion. All Prize(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Winners do not accept or agree to the terms as stated herein, the Prize shall remain with NGC, who on its own discretion may offer the same to the next eligible winner. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winner and the Winner cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.
Upon successful communication and acceptance of the Prize by the Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, the Winners agree that he/she may be required to execute a separate written agreement(s) with NGC in respect of the Content submitted and its future development (if at all), by NGC’s licensors’ and its affiliates, and shall further set out the rights and obligations of the parties, at that point of time. NGC shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, NGC reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold NGC and/or its employees, responsible for delays or any problem in connection to the Prize. Neither NGC nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold NGC, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that NGC shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of NGC the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, NGC cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall NGC, be responsible or liable for the same in any manner whatsoever.
NGC is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.
NGC reserves the right to forfeit the Prize in the event it is found by NGC that any information including but not limited to Contact Details and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. NGC shall have the right to declare another Participant(s) as the Winner(s) of the Contest and transfer the Prize to that person.
The Participant(s) agrees and acknowledges that by submitting the Content, the Participant(s) is representing that the Content or contents thereof are not confidential or comprise any sensitive personal data or information.
The Participant(s) hereby acknowledges and agrees that NGC has the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to shortlist, use, exploit and/or utilize the Content, as it may deem fit at its sole discretion. NGC reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. NGC reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if NGC determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of NGC in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of NGC. Also, for the sake of abundant clarity, at no point in time will NGC be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.
3. Representations, Warranties and Indemnities By You:
You hereby represent, undertake and warrant as follows:
3.1. That the Twitter account through which You undertake participation in the Contest is solely owned by You and is not owned and/or controlled by any third party;
3.2. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;
3.3. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;
3.4. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);
3.5. You have not prior to the submission of the Content approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons , broadcasters, production houses, media companies and /or NGC and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever. The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;
3.6. The details and any other information given by You in connection with the submission of the Content is true and accurate and that NGC is not/ shall not be responsible for verifying any information submitted by You;
3.7. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.
3.8. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose NGC to criminal or civil claims;
3.9. The Content shall not include any advertisements or solicitation of any business/es;
a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content): that belongs to another person and which You do not have right to;
b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. that harm minors in any way;
d. that infringes any patent, trademark, copyright or other proprietary rights;
e. that violates any privacy laws for the time being in force;
f. that violates any law for the time being in force;
g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
h. by impersonates another person;
i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
j. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
3.10. You hereby indemnify and hold harmless NGC and its affiliates, NGC’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by NGC or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of NGC (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to NGC and/or possible acceptance of the Content by NGC (v) if any representation , warranty or Personal Information made by You turns to be untrue, false and in accurate; and (vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner and/or the material submitted forming part of the Content and/or the Contest during the Contest Period and/or enjoyment of the Prize. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, NGC may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse NGC for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.
3.11. You acknowledge and confirm that neither NGC licensors nor any of its affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participants and Winners. This Contest is in no way sponsored, endorsed or administered by NGC licensors or any of their respective affiliates. The Participant(s) and Winners unconditionally and irrevocably release and discharge NGC, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Contest and the Prizes thereof.
4. General Rules:
4.1. You understand that Your submission of Content does not imply that NGC is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by NGC and nothing herein shall be deemed to impose an obligation on NGC to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to NGC. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material NGC shall have the right to use, independent of You and /or your submission of Content.
4.2. An external third party digital agency will provide MIS/ report of user-wise comments to NGC and NGC will initiate the initial assessment based on the same reports. NGC and/or the said digital agency shall not be responsible in the event entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an entry occurs when the website server records the entry information upon the entrant clicking “Enter/Comment” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that NGC shall at no time be held responsible and/or liable for any non-receipt of an entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against NGC and/or its affiliates. NGC shall not be responsible in the event any Content are not received or submitted due to any technical error of any nature whatsoever. NGC shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving NGC. For the avoidance of doubt, by submitting the Content the Participant(s) is representing that the Content is not confidential or comprise any sensitive personal information.
4.3. The Participant(s) authorizes, permits, and grants consent to NGC, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further exploit the Materials in any other manner as NGC may deem fit including on any modes/mediums. Participant (s) specifically agree, allows, grants and permits NGC or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with NGC or fellow Participant or any representative of NGC, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by NGC as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with NGC worldwide in perpetuity and NGC is entitled to exploit the same in any manner it may deem fit.
The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Contest and submission of the Content.
“Materials” shall mean and include the Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, Footage, origin story as provided by NGC and any other intellectual property created/ generated by the Participants during the course of the Contest.
4.4. The Participant(s) do hereby release in favour of and assign to NGC all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.
4.6. The upload or submission of comments will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using Twitter while roaming in different circle/ zone, additional roaming rates may apply. NGC shall not be responsible for any such charges incurred by the Participant.
4.7. You acknowledge and agree that the comment submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.
4.8. By providing any personal information to NGC, as part of the entry into the Contest, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or personal information furnished to NGC;
4.9. You agree and understand that NGC reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Mechanism of this Contest detailed under Paragraph 2 above without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the website from time to time in order to be informed of the latest version of the T&C;
4.10. You agree and understand that the decision of NGC with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of NGC;
4.11. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process of the Content and/or qualification of an Participant (s), NGC not be held liable either directly and/or indirectly and in any event, and the decision of NGC shall be final and binding on You;
4.12. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by NGC promptly, as and when called upon, in relation to your participation in this Contest. NGC reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;
4.13. You hereby agree and undertake that, NGC is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Contest;
4.14. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;
4.15. You acknowledge and agree that NGC shall have no obligation to post, display, or otherwise make publicly available any Posts submitted by You.
4.16. NGC shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Contest is delayed or postponed or cancelled;
4.17. NGC reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;
4.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding NGC shall, at all times, without any restriction/s and/or prior approval/s have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to NGC for use in the entire world in any media deemed fit;
4.19. NGC reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;
4.20. NGC shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond NGC’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;
4.21. NGC shall not be responsible if any selected Participant is not available at their respective mobile numbers/ email id or the mobile numbers are unreachable at the time of the intimation call due to any reasons as a result of which, the Participant misses his/her chance. In this case, the Participant undertakes to not hold NGC responsible for the same;
4.22. NGC shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Contest and . You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;
4.23. You hereby undertake to hold harmless and indemnify NGC, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forums in India to claim any damages or reliefs;
4.24. You hereby understand that NGC makes no representation and/or warranties regarding the Contest or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;
4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will NGC, and/or NGC entities , its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case NGC entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.
4.26. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of NGC’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of these T&Cs by You, NGC shall be entitled to any and all remedies in law and/or equity;
4.27. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and NGC. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and NGC.
4.28. The Participant acknowledges and confirms that neither NGC’s licensors nor any of the NGC licensor’s affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participant.
4.29. WARRANTY DISCLAIMER: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, NGC, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. NGC makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this section, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the social media platforms/ Contest section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
4.30. NGC are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.
4.31. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prizes of the Contest is through participation as described in these T&C. Any person claiming that he/she can help You win the Prizes of the Contest for a consideration is defrauding You.
4.32. You undertake that You shall adhere to the policies of NGC as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct, Your attendance may be withdrawn or subject to limitation upon NGC sole discretion.
4.33. You hereby acknowledge that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these T & C shall be valid and binding and of like effect as though such provision was not included herein;
4.34. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at NGC in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of NGC.
4.35. You further understand and acknowledge that nothing herein obligates NGC to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to NGC by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by NGC or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by NGC from any third party;
4.36. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.
4.37. You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring NGC into public disrepute.
4.38. The Contest shall be null and void in any jurisdiction where prohibited by law.
4.39. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Contest, such dispute shall be referred to a sole arbitrator appointed by NGC and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.
4.40. Subject to the provision of Paragraph 4.39. above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India.
4.41. You acknowledge that in case the Contest and/or any of NGC’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of NGC then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then NGC shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.
4.42. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by NGC promptly, as and when called upon, in relation to your participation in this Contest. NGC reserves the right to reject the Content and disqualify Your participation at the sole discretion of NGC.
4.43. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to NGC services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of NGC’s services.
4.44. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
4.45. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Contest is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.
4.46. You acknowledge and agree that upload and submission of Your posts does not necessarily entitle you to win a Prize.
4.47. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.
4.48. NGC recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.
4.49. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. NGC will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
4.50. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the You and NGC in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and NGC., in this connection.
4.51. You hereby acknowledge that You have fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of NGC and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.
4.52. In case of any queries in relation to this Contest, you can write to NatGeoIndia.firstname.lastname@example.org . NGC shall endeavour to reply to the same within a reasonable time.