TERMS & CONDITIONS- #SWAGphoneIsComing
With the #SWAGphoneIsComing contest, we’re giving you a chance to win the soon-to-be-launched Honor smartphone. All you have to do is register yourself on the contest webpage, vote for the images captured by famous bloggers/participants shown on the webpage and share them on your social media profiles. And guess what!! We have daily winners!
Following are the Terms and Conditions for the activity (hereinafter referred to as “Contest”). The Contest is sponsored by Huawei Telecommunications (India) Co. Pvt. Ltd. 8th Floor, Tower – A, Spaze I Tech Park, Sohna Road, Sector 49, Gurgaon, Haryana – 122001, hereinafter referred to as “Honor India” or “Sponsor” or “Promoter”. Participation constitutes participants’ full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
WHAT DO YOU HAVE TO DO?
- Register on the #SWAGphoneIsComing webpage via Facebook to participate.
- Vote for as many photos on the page posted by the bloggers//participants submit a comment and share them on your FB/TW social profiles using the hashtags #SWAGphoneIsComing.
- The participant who votes the maximum number of times in a day gets a chance to win the soon-to-be-launched Honor smartphone, EVERYDAY!
WHO CAN TAKE PART?
- The Contest is open to residents of India (Except Tamil Nadu) above the age of 18 years that have a valid email address. The Sponsor has the right to verify the eligibility of each entrant (hereinafter referred to as “Participant”.)
- Employees of the Sponsor, their subsidiaries and affiliates, or of other companies associated with the promotion of the activity, as well as the immediate family (spouse, parents, siblings, and children, and each of their respective spouses) and household members of each such employee are not eligible.
ACTIVITY DATE & TIME
- Participants can vote within the Contest term i.e. commencing from 23rd December 2016 till midnight of 5th January 2017. The Contest Period is subject to change at the absolute discretion of the Promoter.
- No purchase from, or payment to, of any kind is required by the organisation in order to enter this Contest.
- Any votes submitted after the close of the Contest Period shall be void.
- The Promoter shall not be responsible if some vote is not submitted or is lost due to any network problems such as breakdown of machinery, unclear network, disruption in the network and/or the cost(s) charged by the network operator(s) or non-compliance to pre-requisites (ex. hashtags). Any dispute in connection to the same shall be settled between the Entrants and the network operator without involving the Promoters.
THE PRIZE AND WINNER SELECTION
- One winner each day will win a soon-to-be-launched Honor
- The winners will be given the prize only after the official launch of the Honor
- The winners shall be selected by Honor India, and will be notified separately by the representatives of the Promoters.
- The winner selection shall be based on the most creative reason to deserve a SWAG phone from among the top 10 voters.
- The winners will be announced on the FB/TW/IG pages of Honor India. However, the date of announcement of winners is subject to change in light of a change in the schedule of the Contest.
- The winners will have to claim the prize within 48 hours of winner announcement. Failure to do so will lead to forfeit of prize.
- The details and terms and conditions of the same will be at the discretion of the Promoter and shall be shared in advance with the winners. The same can be subject to alterations or amendments at any point of time.
- The Prize is subject to variation at the discretion of the Promoters and the Promoters may substitute a Prize of equal or lesser value or any merchandise as suitable to the promoter. Any change will be final and binding upon every entrant in the Contest, and may not be communicated to the Participants.
- The Prize for the Contest will be given to the winners as set out in the terms. The winners must accept their Prize in that form. The Prize is non-negotiable, non-transferable, non-refundable, and not exchangeable for cash credit or kind, either in part or in full except at the sole and absolute discretion of the Promoter. The Prize cannot be sold or bartered.
- The Promoter shall not be liable in any way for any failure or breach by any party in connection with the Contest and/or Prize and accepts no responsibility for any loss suffered by an entrant arising from the Contest or Prize.
- Winners of previous contests conducted by Honor India or its affiliates will not be eligible to win a prize for at least a year from the date of winning a contest. If a person is found to have won more than one contest, he/she will be disqualified and another winner will be chosen in his place.
- Blacklisted users will NOT be able to win any prize. If we deduce that a counterfeit or duplicate account of same ownership has been made by the blacklisted user, then we hold the right to disqualify him/her without any official notice or without proving the subsequently made fake account.
- Non-Serviceable pin codes shall be deemed invalid for prize delivery via couriers along with no responsibility on the organisation’s part to inform/notify the receiver on the same. However, upon verifying their identity through e-mail verification (from the ID used while participating) one can choose to pick up the device in person. Additional identification measures may apply.
- The immediate family (spouse, parents, siblings, and children) of winners of any contest conducted by Honor India or its partners are not eligible to win a prize for a year from winning a contest. In case of non-compliance with these rules, the said winner will stand to get disqualified and his prize will be forfeited.
- The Prize is subject to:
– any rules and regulations pertaining to where the winners are a resident; and
– the terms and conditions of any third party supplier of the Prize, if any.
- The winners may be liable for any expenses not specified on the description of the Prize, if any.
- The Promoter reserves the right in its sole and absolute discretion to deal with the Prize in any manner if it is unclaimed or for any reason the winner is unable to avail the same. Participantsand winners will keep the Promoters indemnified in respect to any such claim.
- The Prizes must be redeemed in a manner set forth by Honor India while announcing the winner. In the event that any prize is returned as undeliverable, Honor India reserves the right to disqualify the winner.
- In the event that a winner doesn’t claim his prize in time and doesn’t submit the required details within one (1) week of the winner announcement, the prize will be deemed forfeited, and Honor India may award the prize to the next eligible winner and/or dispose of the prize in any manner it deems fit, at its sole discretion.
- In the event of a dispute concerning any aspect of the Contest, the decision of Honor India will be final and binding, and no correspondence whatsoever will be entertained.
- Abusive comments made on caste, creed, and gender will be disqualified from the contest.
- Once the list of winners is announced, all winners are required to fill shipping address and contact number in My Account for delivery of prizes within three (3) days.
- If the winner cannot be contacted or the prize is unclaimed or not able to be delivered for whatsoever reason within five (5) days from the date when the list of winners is published on Honor brand, Vision reserves the right to withdraw the prize from the winner.
- If the full and complete shipping details are obtained, all prizes will be shipped within one (1) month from the date when the list of winners is announced.
- Delivery of prizes might be subject to change due to unforeseen delay on product shipment or customs inspection. Should there be any delay, Honor India will inform winners in prior via email.
- Prize winners cannot choose specifications including (without limitation) color, size or grade of prizes.
- Prize color may vary from the illustrated photo(s), depending on the computer / devices screen resolutions.
- No cash alternative to the prizes will be offered. The prizes are not transferable and/or exchangeable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- No purchase is necessary to enter the Contest. Employees of the Promoter and their immediate families and of any related companies, sponsors and/or advertising agencies will not enter the Contest.
- Honor India reserves the right to use the winners’ Facebook profile pictures for the winner announcement on social media platforms.
- Honor India doesn’t claim responsibility for any content uploaded or shared throughout the contest. Participants are bound to be accountable for any activity that reaches beyond the tenets of the Contest.
- Honor India reserves the right to change the Terms and Conditions of this Contest at any time without prior notice.
- Honor India reserves the right to use the images posted by the Participants on social media and website without any clause of rights.
- Unless prohibited by law, Participants agree to allow the use of their name, voice, city/state of residence, photograph, and/or likeness for advertising and/or trade and/or any other purpose in any media or format now or hereafter known without further compensation, permission or notification.
- The Contest is subject to state and local laws and regulations and is void where prohibited by law. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) cancel or terminate the Contest; (b) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; Honor India reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
- Failure by Honor India to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event that Honor India is prevented from continuing with the Contest or the integrity and/or feasibility of the Contest is severely undermined by any event beyond the control of Honor India, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of the Sponsor (each a “Force Majeure” event or occurrence), Honor India shall have the right, in its sole discretion to abbreviate, modify, suspend, cancel or terminate the Contest without any further obligation.
- By participating in the Contest, Participants agree to release and hold harmless the Sponsor, its parent and related companies, and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contestor receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contestor the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participants’s participation in the Contest or receipt or use of any product. Participants further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. The Participants waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. The Participants agrees that the Released Parties have made no warranty, representation or guarantee, expressed or implied, in fact or in law, relating to any product being subject matter of this Contest.
By entering this Contest, each Participants agrees to indemnify, release, and hold harmless the Sponsor, from any liability, damages, losses, claims, demands, costs, suits, judgments, penalties and expenses of any kind or nature whatsoever imposed by or payable to any statutory authority or by any third party to the extent they are attributable to any express or implied act, default or omission of the Participants or to any breach or non-compliance by the Participants of any of these terms and conditions. (Or due to the use or misuse of any product purchased by the Participants.)
LIMITATION OF LIABILITY:
The Sponsor and its parent, affiliate and subsidiary companies do not make any warranties, express or implied, as to the condition, fitness or merchantability of the product. The Sponsor and its parents, subsidiaries, affiliates, advertising and promotional agencies, and all their respective officers, directors, employees, representatives, and agents disclaim any liability for damage to any computer system resulting from access to or the download of information or materials connected with this Contest.
By participating, each Participants grants the Sponsor permission to use the details provided by her/him including the name, email i.d., likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law.
This Contestis sponsored by Huawei Telecommunications (India) Co. Pvt. Ltd., 8th Floor, Tower – A, Spaze I tech Park, Sohna Road, Sector 49, Gurgaon, Haryana, 122001. The Sponsor reserves the right to cancel, terminate or modify the promotion if it cannot be operated, conducted or completed as planned, for any reason. For any questions regarding the Contest, please contact Honor India on HihonorIndia@gmail.com. All endeavours shall be made to address your queries. However, it is clarified that no response shall not be construed as a deficiency or an act of omission on the part of Honor India/ Huawei.
APPLICABLE LAW & JURISIDICTION:
This Contest is governed by the applicable Indian Laws and subject to exclusive jurisdiction of the Court at Delhi only. All disputes, controversies or claims in relation to this Contest, whether contractual or tortious, shall be submitted to arbitration as per the Arbitration and Conciliation Act, 1996 and any amendments thereof and the Rules framed there under. The place of the arbitration shall be in New Delhi, India. The arbitration proceedings shall be conducted by a sole arbitrator appointed by Huawei India and language shall be in English. The award of the arbitration shall be final and binding against the parties. All costs and expenses in respect of the arbitration shall be borne by the non-prevailing party.