1. For incentivizing and promoting SHOP CJ, SHOP CJ Network Pvt. Ltd. (“SCN”) is conducting a Luck Draw Promotion by the name “RAEES CONTEST” under which it will conduct Lucky Draw Contest (“Contest”) during the Promotion Period. This 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 following meaning: a. “Business Day” means a day (other than a Saturday or Sunday) on which banks generally are open in Mumbai for a full range of banking business. b. “SHOP CJ Platform” shall mean the home shopping network run by SCN on television channel and Social Media viz facebook, twitter and/or Instagram. c. “Valid Entry” in respect of Contest shall have to fulfil the following eligibility conditions: i. Individual Indian Nationals residing in India and having a minimum age of 18 years. ii. Provide correct answer/s to or successful completion of the assigned contest task successfully as instructed on SHOP CJ Platform. d. “Promotion Period” shall mean the period commencing from 21st January, 2017 to 10th February, 2017 (both days inclusive). e. “Winners” shall mean the designated number of winners chosen by a lucky draw, at the sole discretion of SCN. f. “Website” shall mean the website of SCN under the domain www.shopcj.com. g. “Call Centre” shall mean a call centre operated for taking orders in respect of products purchased through SHOP CJ.
3. Participation in the Contest
All the individuals as described in the clause 1(c)(i) above shall be eligible to participate in the Contest.
Lucky draw will be conducted by SCN from all Valid Entries of the Contest, on a random selection basis by computer. The lucky draw winner shall be announced on or before the last day of promotion period. In the event Valid Entries in the name of the same person is drawn in the same Contest, the Valid Entry winning the Prize of the highest value shall be considered and the other Valid Entry in the name of the sane 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.
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 under:
5 lucky winners, as selected by SCN from Grand Lucky Draw, shall become eligible to Meet & Greet Mr. Shahrukh Khan. Meet & Greet winner shall not be allowed to accompanied by more than one (1) person. NO EXCEPTION SHALL BE MADE FOR THE SAME. B. 200 lucky winners, as selected by SCN from Grand Lucky Draw, shall become eligible to receive Exclusive Raees Merchandise. Exclusive Raees Merchandise will be delivered within 60 days of Contest completion.
SCN may alter the Prizes for the Contests at its sole discretion anytime during the Promotion Period. Prizes are non-transferable, non-negotiable, subject to availability and there will be no cash alternative. In case, the Prizes stipulated under the terms and Conditions is not available with SCN, SCN reserves the right to substitute it with another prize of equivalent or higher monetary value,
in its sole discretion and estimation, without any notice. The images of Prize articles displayed in the communication material are indicative only and the actual article may differ in look, size, feel, colour, etc. Title in the Prizes and any risk of loss or damage to the Prizes passes to the Winners upon physical delivery of the Prizes to the Winners. SCN shall neither be liable nor obliged to replace any defective, lost, damaged or stolen Prizes where such defect, loss, damage or defect in respect of the Prizes is due to the fault and/or negligence of the Winners. To the maximum extent permitted by law, SCN gives no representation or warranty with respect to the Prizes provided under the Contest; in particular, SCN gives no warranty with respect to the quality of the Prizes or their suitability or fitness for any purpose. SCN holds out no warranty or makes no representation about the goods/services offered as Prize/s. The warranty in relation to such Prize article and other terms and conditions in relation thereto are provided by the manufacturer/importer of such goods or the provider of such service. Any dispute or claim regarding the Prizes must be resolved by the Winners directly with the concerned manufacturer/ dealer/ service provider, as the case may be, without making any reference to SCN.
6. Mode of delivery of Prizes
Mode of delivery of Prizes will be at the sole discretion of SCN. SCN shall deliver the “Exclusive Raees Merchandise” within 60 days of last day of promotion period. In the event SCN chooses to ship the Prizes to the Winner, then it will do so at the address provided at the time of participating in the contest. 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. SCN’s obligation to provide the Prize to the Winner shall further cease to exist if the Winner fails to submit all such documents, including identity card, residence proof as may be required by SCN within the stipulated period or if the orders are cancelled or purchase returned.
7. The Participant understands and agrees that participation in the Contests 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 Contests. By participating in any Contest, the Participants hereby expressly agree to be bound by these Terms and Conditions, the decisions in the Contest and the Participants hereby give their consent to authorize SCN to disclose their particulars to the third party service providers engaged by SCN for the purposes of the Contest(s).
8. SCN reserves the right to cancel, terminate or suspend the Contest or cut short the Promotion Period with or without any prior notice. For the avoidance of doubt, cancellation, termination 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 Contests, declaration of Winners and in all other matters relating to the Contests 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.
11. 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 Contests.
12. 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.
13. SCN shall not be liable for any delay/ default in respect of the Contests or any obligations related thereto due to any 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.
14. Permanent and/ or contractual employees of SHOP CJ Network Pvt. Ltd. (including its subsidiaries and related companies) and their immediate family members and Representative 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.
15. 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. SCN is also absolved of any third party claim on the intellectual property regarding the entry. SCN shall not be obligated to compensate the Participant in any way for such publicity.
16. The purchase of products shall be governed by the corresponding terms & conditions governing the sale and purchase of products through STAR CJ alive.
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. There is no obligation on any one to participate in the Contests and participation in the Contest is voluntary.
19. All communication/ 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. The 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 Contests 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/Chief Operating 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.