For incentivizing and promoting "SHOP CJ", Shop CJ Network India Pvt. Ltd. ("SCN") is conducting a promotion under the name "October 2016 Promotion" ("Promotions") under which there will be four separate stages, viz. Stage-1, Stage-2, Stage-3 and Stage-4 and under each of these stages during the Promotion Period, it will conduct Lucky Draw Contests ("Contests") every day.
The Contest shall be governed by these terms and conditions ("Terms & Conditions"):
In these Terms and Conditions, except where the context otherwise requires, the following words and phrases shall have the meaning ascribed to them hereunder:
2. Participation in the Contest: All persons purchasing products through SHOP CJ during the Promotion Period would be given an option to participate in the Contest, after placing the order for product. The persons exercising the option shall have to answer question/s put forth to them by choosing the correct option from multiple answer options and on answering correctly shall become a Valid Entry in respect of the on-going Contest, subject to fulfilment of the other conditions of a Valid Entry as prescribed under Clause-1(c). A person may participate again with a fresh purchase made during the specified period provided that he/ she is not the Winner in any earlier Contest during any of the Stages of the Promotion Period. It is also clarified that Business to Business (B2B) Customers will not be considered for participation in the Contest.
3. Winner: Lucky draw will be conducted by SCN from all Valid Entries in each of the Contests, on a random selection basis through a computer. Total 98 winners and individual prize will be chosen in such Contests and individual prize that will be chosen by the computer. In the event Valid Entries in the name of the same person is drawn in the same Contest more than once, the Valid Entry winning the Prize of the highest value (as per the MRP of the Prizes) shall be considered and the other Valid Entry in the name of that person shall be rejected. SCN may increase or decrease the number of Winners at its sole discretion at any time without any notice. The Winners will be notified by an e-mail or through a call or SMS on the email id/ mobile number given during purchase of the Product or by declaration on the Promotion landing page at www.shopcj.com.
4. Prizes: The total number of winners and the total number and details of the prizes (“Prizes”) to be given to the Winners in the Contest are as mentioned in Annexure hereto and details/ list whereof is also available at SCN’s website www.shopcj.com. SCN may alter the Prizes for the Contest at its sole discretion anytime during the Promotion Period.
5. Mode of delivery of Prizes: : Mode of delivery of Prizes will be at the sole discretion of SCN which SCN will provide within 30 working days of the declaration of the Winners. In the event SCN chooses to ship the Prizes to the, then it will do so at the address provided at the time of the purchase of product through SHOP CJ alive, which made the Winner eligible as a Participant. In the event the Prizes are returned for any reason whatsoever, the Winner shall be essentially required to collect the Prize from SCN’s warehouse within a further period of 15 days only; and in the event of any non-collection, the Prize will lapse with no further obligation of SCN in that regard. The Winners will not be eligible for the prize, if they fail to submit all such documents, including identity card, residence proof as may be required by SCN within the stipulated period or if they are found to have cancelled the orders or returned the products purchased through SHOP CJ. The Prize has to be collected from the location specified by SCN subject to Clause – 4 of these terms and conditions.
6. The Participant understands and agrees that participation in the Contest is good and sufficient consideration for him/ her to agree to be bound by the Terms & Conditions. If the Participant does not want to be bound by the Terms and Conditions, his/ her sole remedy is not to participate in the Contest. By participating in any Contest, the Participants hereby expressly agrees to be bound by these Terms and Conditions, the decisions in the Contest and the Participants hereby give their consent to and authorize SCN to disclose their particulars to the third party service providers engaged by SCN for the purposes of the Contest.
7. At its discretion or in the event of circumstances arising beyond the control of SCN, which in its opinion, makes it necessary to suspend, substitute, change, extend or cancel the Contests, or to delete, alter, modify (in whole or in part) the Terms and Conditions, including changing the date of lucky draw or period of the Contest, SCN reserves the right to do so at anytime without any prior notice and/ or assigning any reason and without any further obligation to anyone. SCN’s decision in this regard shall be final and binding. Therefore, the participants are advised to regularly check for any amendment(s) or update(s) to the Terms and Conditions. These Terms and Conditions may be modified, added to, deleted or varied by SCN by way of posting on the Website, or in any other manner deemed suitable by SCN. The Participants agree to access the Website of SCN www.shopcj.com at regular intervals of time to view these Terms and Conditions and to ensure that they are kept up-to-date with any changes or variations to these Terms and Conditions. The Participants agree that participation in the Contests shall constitute their acceptance of these Terms and Conditions (as modified and varied from time to time). These Terms and Conditions prevail over any provisions or representations contained in any brochure or other promotional materials advertising the Contests. Terms & Conditions stated herein do not amount to any commitment or representation by SCN to conduct such Contests.
8. SCN reserves the right to cancel, terminate, extend or suspend the Contests or cut short the Promotion Period with or without any prior notice. For the avoidance of doubt, cancellation, termination, extension or suspension by SCN of the Contest shall not entitle the Participants to any claim or compensation against SCN for any and all loss or damage suffered or incurred by the Participants as a direct or indirect result of the act of cancellation, termination or suspension.
9. All decisions of SCN regarding running the Contest, declaration of Winner and in all other matters relating to the Contest shall be final and binding in all respects on all Participants and no further correspondence or attempt to dispute the Contest decisions and no appeals will be entertained in this regard.
10. The purchase of Product shall be governed by the corresponding terms & conditions governing the sale and purchase of product through SCN.
12. SCN shall not be liable for: a) any SMS delivery failures; b) any lost, late or misdirected computer transmission or network, electronic failures of any kind or any failure to receive/ retrieve entries owing to transmission failures or due to any technical reasons; c) other conditions beyond its reasonable control and d) any damage or loss (whether direct, indirect, or consequential loss arising from any personal injury or death, or loss or damage of property a Winner may suffer by participating in the Contest. SCN’s liability to the Winner for direct damages shall be limited only to the value of individual Prize, the Winner may have won in any of the Contest.
13. To the fullest extent permitted by law, in no event will SCN or any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers that SCN may engage for purposes of the Contest), be liable for any loss or damages (including without limitation loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party including third parties) howsoever arising whether in contract, tort, negligence or otherwise, in connection with the Contest and/or the Prizes, even if SCN has been advised of the possibility of such damages in advance, and all such damages are expressly excluded. The participant shall indemnify, defend, and hold SCN, harmless from any third party claims arising from or related to his/her participation in the Contest. In no event shall SCN be liable to the participant for acts or omissions arising out of or related to the Contest or participation in the Contest.
14. SCN shall not be liable for any delay/ default in respect of the Contest or any obligations related thereto arising out of Force Majeure Events including any act of God, war, riot, strike, lockout, industrial action, fire, flood, drought, storm, compliance with any statutory, legislative, executive, judicial or quasi-judicial orders/instructions/interventions or any event beyond the reasonable control of SCN.
15. Permanent and/ or contractual employees of SCN (including its subsidiaries and related companies) and their immediate family members and representatives and/ or agents (including advertising and promotion agents) of SCN and their immediate family members are not eligible to participate in the Contest. In the event that a Prize is won by a person who: a) is not eligible to be a participant in the Contest; and / or b) has committed or is suspected by SCN of having committed/ committing any fraudulent or wrongful acts in relation to the Contest, SCN reserves the right to disqualify such person(s) from participating in the Contest and/or from winning any of the Prizes. SCN has the rights to reject any Participant’s entry at its absolute discretion.
16. By participating in the Contest, the Participant grants to SCN the right to publish his/ her name, likeness, photo, voice, text message for the purpose of Contest promotions, Winner announcements or publicly displaying for any business promotion purposes and also each Participant expressly consents that he/ she may be called at his/ her contact number, by SCN, at any time. SCN is also absolved of any Participant/ third party claim on the intellectual property regarding the entry in the Contest. SCN shall not be obligated to compensate the Participant in any way for such publicity.
17. The Contest is void/ not provided wherever prohibited or restricted by law, and is subject to all applicable mandatory national, state and local laws.
18. All Prizes shall be subject to tax deduction at source (“TDS”) @ 30% on MRP of the Prizes, payable by the Winner before tendering of the Prize by SCN. The Winner may be required to tender the amount ascertained by SCN towards tax by way of Demand Draft/ Pay Order before release of the Prize. The Participants should ensure to provide their correct e-mail address to ensure e-delivery of digitally signed TDS certificates.
19. All communications/notices with regard to this Contest must be addressed to: “SHOP CJ Network Pvt. Ltd., 6th Floor, SHOP CJ Plaza, D. B. Marg, Grant Road, Mumbai – 400007”.
20. These Terms and Conditions shall be governed by and construed in accordance with the laws of India only. Any disputes arising out of or in connection with the Contest or Terms and Conditions shall be decided by arbitration conducted in English at Mumbai by a sole arbitrator who will be the Chief Executive Officer of SCN or any senior officer nominated by him. Subject to the above, the Parties shall be subject to the exclusive jurisdiction of the courts in Mumbai.
Incase of any conflict with regard to this Contest, the decision of SCN shall be final and binding.