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Terms & Conditions: #SelfieWithCapricci Contest

Terms and Conditions for the SelfieWithCapricci Contest (“Terms & Conditions”)

  1. INTRODUCTION:

1.1.        These Terms and Conditions govern the conduct of the “SelfieWithCapricci Contest” (“Contest”) brought to you by Forevermark Diamonds India Pvt. Limited (“Forevermark India”) and sets out the terms and conditions on which you (the “Participant”) may participate in this Contest.

1.2.        By submitting any Entry (as defined below) to this Contest or undertaking any other action for participation in this Contest, the Participant shall be deemed to have read, understood and unconditionally accepted these Terms and Conditions (as in force from time to time) and further agreed to be bound by the Terms and Conditions (as in force from time to time).

  1. CONTEST TIMING:

2.1.        The "Entry Period" for the Contest begins at 00:01 a.m. Indian Standard Time ("IST") on Saturday, May 28th 2016 (“Start Time”) and ends at 11:59 p.m. IST Sunday, July 31st 2016 (“End Time”). 

2.2.        All times will be determined by Indian Standard Time  

  1. ELIGIBILITY:

3.1.        The Contest is open only to individuals who are (“Eligible Person”):

(a)           Women having attained 18 (Eighteen) years of age or above;

(b)          Indian citizens and residing in India;

(c)           having the capacity to enter into a contract, as per applicable law; and

(d)          registered user of Twitter or Instagram

Provided that the following persons shall not be eligible to participate in the Contest:

(a)           directors, managers, officers and employees of Forevermark India, its associate companies, its JV Partners, its distributors, its Agents, its advertising and promotional agencies and its Auditors and their associate companies; and

(b)          family members (i.e. father (including step-father), mother (including step-mother), spouse, child or respective spouse of child) of any of the persons covered under (a) above.

3.2.        No purchase of any kind whatsoever (monetary or otherwise) is required to be eligible for participation in this Contest. Any Eligible Person may participate in this Contest subject to compliance with these Terms and Conditions.

  1. PARTICULARS OF THE CONTEST:

4.1.        How to Participate 

4.1.1.    To participate in this Contest, a Participant must make an entry (“Entry” and collectively, “Entries”) by undertaking the following actions:

(a)                Take a selfie with the SelfieWithCapricci application adhering to the guidelines mentioned in the application;

and

(b)          include the hashtag: #SelfieWithCapricci as part of the post and mark the post to @ForevermarkIN on Twitter and @ForevermarkIndia on Instagram depending on where the entry is being made.

4.1.2.    In order to be considered valid, an Entry must be received within the Entry Period and must be compliant with all the other Terms and Conditions contained herein.  Incomplete entries will be disqualified from the Contest at Forevermark India's discretion.

4.1.3.    A Participant will be required to tag the Entry with #SelfieWithCapricci and the Twitter or Instagram handle of Forevermark India as mentioned in clause 4.1.1(b) only and refrain from tagging other users.

4.1.4.    A Participant is allowed to submit multiple Entries throughout the Entry Period, provided that the image and accompanying comment for each Entry is distinctly different. A Participant is not allowed to make duplicate Entries. However, if a Participant’s Entry has been chosen as a winning Entry, then all subsequent Entries will not be declared as a winning Entry.

4.1.5.    A Participant is allowed to make the same Entry on Twitter and Instagram.

4.1.6.    A Participant found making the same Entry through multiple accounts shall be ineligible to participate in the Contest.

4.1.7.    This Contest is intended to be based on the creativity, skill and expertise of each individual Participant. All Entries should be created using the skill, creativity and expertise of the relevant Participant.

4.1.8.    Entries must not be digitally modified, edited or enhanced. Any images which are digitally modified, edited or enhanced will not constitute valid Entries.

4.1.9.    Entries must be the Participant's original work and must not contain, incorporate or reference any content/data that is owned by any third party, or that would require the consent of any third party in any jurisdiction, or which infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, other intellectual property and/or any other applicable proprietary or contractual rights.  

4.1.10.  Participants shall ensure that their Entries are not, and will not be, abusive, offensive, obscene or vulgar or in any manner likely to defame/offend any person, section, caste, race or religion and/or in violation of any constitutional right under Indian law. Participants must also comply with the Twitter Rules (https://support.twitter.com/articles/18311) and Instagram Terms of Use (https://help.instagram.com/478745558852511/?ref=hc_fnav) while submitting Entries.

4.1.11.  Forevermark India reserves the absolute right to reject any Entry, without giving any reasons. Entries which Forevermark deems to be obscene /vulgar or defamatory or detrimental to national interest or prejudicial to the interest of Forevermark India or society in general or violates any third party intellectual property rights and/or any other applicable law are liable to be rejected.  Forevermark India and any Forevermark Representative (as defined in Paragraph 6.1) will not be responsible for any claims or any allegations made whatsoever in connection with an Entry (or part of any Entry) and the Participant hereby agrees to indemnify Forevermark India and any Forevermark Representative (as defined in Paragraph 6.1) against any losses, damages or expenses of any nature arising out of, related to or in connection with such Entry.

4.1.12.  Participants are solely responsible for all expenses and costs (if any) associated with creation or submission of any Entry. Forevermark India does not encourage Participants to tag themselves or any other person in their Entries or share their Entries on personal timelines of any person.

4.2.        Selection of the Winner

4.2.1.    There will be only 1 (One) Winner of the Contest.

4.2.2.    Four Entries will be shortlisted from all the valid Entries made on Twitter or Instagram during the Entry Period by Forevermark India (“Shortlisted Entries”).

4.2.3.   The Shortlisted Entries will be put up for vote to the public on a Twitter poll (“Poll”). The Poll begins at 00:01 a.m. IST on Monday, August 1st 2016 and ends at 11:59 p.m. IST on Thursday, August 4th 2016.

4.2.4.    The Shortlisted Entry which receives the maximum number of votes in the Poll will be selected as the winner of the Contest (“Winner’’).

4.2.5.    In the event of a tie, the Winner will be selected by an unbiased lucky draw.

4.3.        Announcement of Winner

4.3.1.    Forevermark India will make its best efforts to declare the Winner of the Contest at or before 8.00 pm on 14th June 2016. If, for any reason, Forevermark India is unable to declare the Winner by such date, it shall endeavour to declare the Winner as soon as reasonably possible thereafter. The Winner of the Contest so declared is final and cannot be challenged on any ground whatsoever.          

4.3.2.    Forevermark India will notify the Winner by either (i) tagging the Winner in a post on the Forevermark India Twitter/Instagram page; or (ii) tagging the Winner in the winning entry; or (iii) posting a message on the Forevermark India Twitter/Instagram page with the Winner’s name.

4.3.3.    Forevermark India is not obliged to make any additional efforts to notify the Winner other than as mentioned in clause 4.3.2.

4.3.4.    Forevermark India is not obliged to notify unsuccessful Participants.       

4.3.5.    Each Participant hereby expressly authorises and permits Forevermark India to incorporate/use her full name, Twitter/Instagram username and her Entry (including the image and comment) in any posts, comments or other publications made on the Forevermark India social media pages including Twitter/Instagram/Facebook pages or its own website (http://www.forevermark.com/en-IN) in connection with declaration of the Winner of the Contest.

4.4.        Prize

4.4.1.    The Winner of the Contest will receive a Forevermark Diamond (0.14ct) (“Prize”)

4.4.2.    The Prize will be delivered to the Winner by courier, hand-delivery or other means as may be decided by Forevermark India and intimated to the Winner. The Prize must be collected by the Winner herself (upon presenting suitable ID proof and acknowledgment receipt. If the Winner fails to receive the Prize at the time of delivery, Forevermark India reserves the right to require the Winner to collect the Prize from a location specified by it within a reasonable period specified by Forevermark India. The Winner shall not have the right to claim any damages, loss or costs from Forevermark India for delay in delivery of or any defects in relation to the Prize on any grounds whatsoever.  

4.4.3.    All costs and levies associated with grant and delivery of the Prize to the Winner will be borne by Forevermark India, provided that if the Winner is not available at the time of delivery by Forevermark India, she shall, at her expense, collect the Prize from the location specified to her.

4.4.4.    No consolation prizes or prize of any other nature will be provided to any other Participant.

4.4.5.    Forevermark India, reserves the right to revoke any declaration of a Participant as a Winner if it is found that such Participant has violated any of these Terms and Conditions, including, without limitation, in case of any misrepresentation by the Participant or if the Entry is found to be fraudulent, dishonest or in violation of the rights or interests of any other person or entity. In case of such revocation, the Participant shall stand disqualified immediately, and shall be obliged to return the Prize (if already awarded to her). Forevermark India may thereafter, at its discretion, select the next most eligible Entry as the Winner, using the process mentioned above.

  1. REPRESENTATIONS AND WARRANTIES OF PARTICIPANTS

5.1.        In respect of each Entry submitted by a Participant, such Participant represents and warrants that such Entry is and will be original, true, accurate and not misleading; that the Participant owns all right, title and interest, including copyright, to such Entry and its contents, including the image and comment; that the Entry and its contents, including the image and comment are the Participant’s own original work; and that the Entry and the manner of use of such Entry described in these Terms and Conditions do not infringe or violate any person’s or entity’s rights or breach any contract that he/she may be privy to (including the copyright of a third person/party), does not and will not defame/offend any person, section, caste, race or religion, is not and will not be abusive, offensive, obscene or vulgar in any manner. 

5.2.        Each Participant represents and warrants that she is an Eligible Person, permitted to participate in this Contest as per applicable laws.

5.3.        Each Participant represents and warrants that she has the capacity and authority to enter into these Terms and Conditions, which constitute a valid contract with her creating binding obligations on her.

5.4.        In the event of any violation to the aforementioned, Participants shall be disqualified from the Contest with immediate effect and no correspondence in this regard shall be entertained by Forevermark India.

  1. RELEASE AND INDEMNIFICATION. 

6.1.        Each Participant expressly agrees (a) that employees, directors and officers of Forevermark India, and any of its affiliates, parents, subsidiaries, representatives, licensees, successors and assigns, and advertising and promotion agencies (collectively, "Forevermark Representatives") have no liability or responsibility and are hereby released from any liability or responsibility for any loss or damage to persons or property of any kind resulting from or related to the Contest, Entries of Participants, the Prize or its acceptance, possession, publication, dissemination or use of the Entries or the Prize; and (b) to, in addition to any other indemnity obligations under these Terms and Conditions, indemnify and hold harmless Forevermark Representatives from and against any claims of liability, damages, losses and expenses arising directly or indirectly from or related to the Contest, Entries of such Participant, the Prize or its acceptance, possession, publication, dissemination or use of any Entries or the Prize or due to any breach of these Term and Conditions or any of the representations and warranties provided by such Participant being found to be untrue, including without limitation any claims of infringement, misappropriation or violations of intellectual property, privacy, publicity, contractual or other rights.

6.2.        By entering this Contest, the Participant agrees to release Twitter and Instagram from any liability whatsoever. This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter or Instagram.

  1. PRIVACY.

7.1.        Information provided by a Participant in connection with this Contest, is being shared with and collected by Forevermark India, and not with Twitter or Instagram. All information submitted to Forevermark India as part of this Contest will be treated in accordance with Forevermark India’s privacy policy, available at http://www.forevermark.com/en-IN/privacy-and-cookie-policy/, which are deemed to be incorporated herein.  Personal information provided by Participants will be used only for communications with Participants about the Contest and administration purposes in relation thereof, and the Participant hereby expressly consents and permits the use of such data and information for such purpose.   

  1. DISQUALIFICATION.

8.1.        Forevermark India reserves the right to:

(a)           at any time, verify the validity of Entries and Participants (including, without limitation, any personal information of a Participant shared with Forevermark India) and to disqualify (with immediate effect) any Participant who submits an Entry that is not in accordance with these Terms and Conditions or who tampers with the entry process or process of this Contest;

(b)          disqualify (with immediate effect) any Entry and Participant at its sole discretion, should the Participant at any stage supply untruthful, inaccurate or misleading personal details and/or information;

(c)           disqualify (with immediate effect) any Entry and Participant at its sole discretion, in case of any failure of a Participant in complying with these Terms and Conditions.

8.2.        In each of the above cases, Forevermark India further reserves the right to disqualify, with immediate effect, any and all other Entries that may have been submitted by such disqualified Participant, without assigning any cause thereof.

  1. OWNERSHIP OF CONTENT AND LICENSE. 

9.1.        The Participant shall remain the owner of all intellectual property rights related to the image and comment forming a part of the Entry submitted by her, provided that the Participant, in consideration for being granted participation in the Contest, hereby expressly grants Forevermark India a royalty-free, irrevocable, transferable, non-exclusive worldwide license to display the images and comments forming a part of such Entry, in the manner that Forevermark India deems fit, on the Forevermark India Twitter or Instagram Page, at any time during and after the Entry Period. Notwithstanding anything contained herein, if so required by any governmental or other regulatory authority, Forevermark India shall have the irrevocable right to provide any part of the image/comment/Entry, without reference to/ consultation with the Participant.

  1. AMENDMENT, MODIFICATION, TERMINATION

10.1.      Forevermark India reserves the right, at its sole discretion, to cancel, terminate, modify or suspend all or any portion of the Contest for any reason, including if it is not capable of running as planned for any reason, including, but not limited to, insufficient entries, tampering, unauthorized intervention, fraud, technical failures or any other problems.  If the Contest is cancelled, Forevermark India may, at its option, determine a Winner from all eligible, non-suspect entries using the procedures outlined above.

10.2.      Forevermark India reserves the right to modify these Terms and Conditions, at its discretion, without any prior notice.

  1. GOVERNING LAW AND JURISDICTION

This Contest and these Terms and Conditions are governed by, and will be construed in accordance with, the laws of India. All disputes arising from or relating to this Contest or these Terms and Conditions shall be subject to the exclusive jurisdiction of Courts at Mumbai only.  

  1. OTHER CONDITIONS. 

12.1.      Without prejudice to any other provision of these Terms and Conditions, Forevermark India may run this Contest subject to a minimum of 50 valid Entries being received. No communication in this regard will be entertained by Forevermark India.

12.2.      Forevermark India is not responsible for any error or interference which compromises the administration of the Contest.  Forevermark India will not be liable for any loss of data due to internet, hardware/ software failure or server issues and other technical faults (including the terms and conditions as may applicable on Twitter and Instagram) that may come up while submitting the Entries. The Participants shall at all times be bound by and subject to the terms and conditions as imposed by Twitter and Instagram.

12.3.      Decisions of Forevermark India shall be final and binding with regard to the Contest and no correspondence will be entertained in this regard.     

12.4.      Any failure by Forevermark India to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.

12.5.      If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.

12.6.      A Participant shall not transfer any of his/her rights or obligations under these Terms and Conditions to anyone else without the consent of Forevermark India. All of the rights and obligations of Forevermark India under these Terms and Conditions are freely assignable in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

12.7.      These Terms and Conditions constitute the entire agreement between the Participant and Forevermark India regarding the Contest and any actions arising from or related thereto, and supersedes any prior agreements.