Q GAMESMELA HAR KOI JEETEGA CONTEST
THESE TERMS & CONDITIONS (HEREINAFTER REFERRED TO AS THE “RULES”) ARE APPLICABLE TO ALL THE PARTICIPANTS/ WINNERS OF Q GAMES MELA HAR KOI JEETEGA CONTEST- (HEREINAFTER REFERRED TO AS THE “CONTEST”) ORGANIZED BY MAXAMTECH DIGITAL VNETURES PRIVATE LIMITED (HEREINAFTER REFERRED TO AS “MAXAMTECH”) AND CARRIED ON BY , A Hindi language general entertainment channel owned and operated by Qyou Media India Pvt. Ltd (HEREINAFTER REFERRED TO AS “Q TV”). THESE RULES CAN BE AMENDED OR VARIED FROM TIME TO TIME BY MAXAMTECH OR Q TV [Legalogic Comment: Is QYou Media the full legal name?]
Contest Period- The contest will start from 4th March, 2024 (Monday) at 7:30pm and ends on18th March, 2024 (Monday) at 9pm. Contest hours would start from 7:30pm and will be valid till 12 Midnight on all Contest Days. This contest is only applicable to the viewers of Q TV and users of Q GamesMela, The Participants shall have to download the Q GamesMela application (“the App”) on their phone/devices to participate in the Contest.
• Contest Dates- 4th March, 2024 till 18th March 2024 (“Contest Period”)
• Contest Days- Monday to Sunday
• The Contest is open to all Citizens of India and it is open to the viewers of Q TV and the users of ‘the App’ starting from the age group of 18 years & above (“Participants”)
• The Participants must be adults having attained the age of eighteen (18) years to participate in the Contest as on the date of the Contest. Any underage participation shall not be held to be valid and legal and Maxamtech shall not in any way be held responsible or liable for such underage participation.
• “Q TV” will ask a total of 3 questions per day i.e., 1 question per show everyday between 7:30PM to 9PM to the viewers during the Contest Period.
• The Participants have to watch each question closely and carefully so as to answer correctly.
• Each question will have 2 (Two) options i.e A, B. The Participants have to answer each question separately. The Participants can participate only from android phones, by downloading the App by scanning QR code/Link “http://qgamesmela.com appearing on the TV screen or by giving a missed call on the number displayed on the TV screen.
• The Participants need to register with valid contact details after they install the App. Only the participants with valid contact information shall be considered for contest prizes. By registering on the App, the Participants consent to transfer personal data and information (including sensitive data) and to Maxamtech utilizing such personal information under these Rules. The Participants agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by Maxamtech). The Participants further agree to update and keep updated all information provided for the purposes of registration. The Participants undertake and agree that all information provided from time to time is true, accurate, current, and complete to such Participant’s personal knowledge.
• Maxamtech shall keep all the information collected from the Participant as confidential. Maxamtech shall ensure that the Participants are contacted by Maxamtech and Maxmatech shall not share the information so collected with any party, save and except for the purpose of the present Contest. The Participants, by providing the aforesaid sensitive personal information, hereby agree that Maxamtech shall have the right to share the information so collected with such other third party and Maxamtech as required for the purpose of the Contest and hereby agreed that they shall not file any claim against Maxamtech for sharing for such personal information.
• Selected Participants list will enter into a randomizer and daily winners will be selected Specific Process for choosing the Winners
• For every question, winning mobile numbers will be selected from the list of mobile numbers from which Maxamtech will obtain a correct response to the question(s) asked. These numbers will be selected via a randomiser. Hence, from such mobile numbers will be selected every day; in a day, 63 winning mobile numbers will be selected.
• Each winning mobile number will be sent a congratulatory message via SMS.
• The decision of Maxamtech in choosing the Winners and the appropriate answer by randomizer method and/or any such other method shall be final and binding on the Participants and the Participants while participating into this Contest agree to accept Contest’s decision as final without any further claim in this regard.
• Maxamtech shall not entertain any mail or query questioning or otherwise asking for the definitive process for choosing the Winners and the Participants by participating in the Contest shall be bound by these Rules.
• Maxamtech reserves the right to withdraw or discontinue and/or terminate the Contest at any stage without prior notice and without any liability whatsoever to the Participants.
• The decisions of Maxamtech and its representatives shall be final and binding on all aspects of the Contest.
• The manner, day and the basis of choosing the winner (defined below) shall be specified in the Rules of the Activity.
• The announcement about the Winners and the Prize(s) (defined below) shall be as per the Rules of the Activity.
• Method and time of prize distribution: Maxamtech shall inform the Winners via SMS or phone number provided by the Participants at the time of Registration the Activity or by such means as Maxamtech deems fit. Maxamtech may require Winners to provide valid photo identity documents including but not limited to PAN card, Aadhar card, passport and ration card prior to handing over the Prize(s). Maxamtech may or may not announce the Winners via the Website and/or the Channel.
• The time and mode of distribution of the Prize(s) shall be at the sole discretion of Maxamtech
• The Participants have to send the correct answers within 12:00 on the same day for question asked for any show between 7:30 PM to 9 PM.
• Q TV and Maxamtech shall not be responsible in any way for failure of any backend technology of the App.
• On each day, multiple daily winners (“Winners”) from amongst the Correct Entries during the Contest Period will be selected. If number of correct responses is lesser than the number stipulated, then the maximum winners will be chosen randomly by Maxamtech.
• The Winners of the Contest shall be given the following gifts
| Winner | Prize | Qty | Total Qty |
|---|---|---|---|
| Per Question/Episode | Smart Watch | 3 | 135 |
| Earbuds | 4 | 180 | |
| Cash | 13 | 585 | |
| Per Day | Gold Coin | 1 | 15 |
| Washing Machine/Phone | 1 | 15 | |
| Fridge/TV | 1 | 15 | |
| Mega Winners | i-Phone | 1 | 1 |
| Scooter | 1 | 1 |
• People answering the maximum number of questions correctly each day, will be eligible to enter into a separate list who stand to win the Mega prize:I- Phone and Scooter. One winner would be chosen for the Mega Prize by Maxamtech’s sole discretion at the end of the Contest Period.
• All the entries with maximum correct answers shall be eligible to enter into the lucky draw for winning the prize amount. The randomizer shall run among all the people who have answered correctly and within the given timeline.
1. Each winning mobile number will be sent a congratulatory message via SMS.
2. The decision of Maxamtech in choosing the Winners and the appropriate answer by randomizer method and/or any such other method shall be final and binding on the Participants and the Participants while participating into this Activity agree to accept MaxamTech’s decision as final without any further claim in this regard.
Maxamtech through its agency shall make a maximum of 2 (Two) attempts to contact the Winners via the method specified in the Rules. Maxamtech shall not be held liable despite Maxamtech’s best efforts, in the event the provided mobile numbers is unreachable/not replied due to the following reasons including but not limited to: 1) phone number provided by the Participant is incorrect. 2) Mobile number answered but individual answering refuses to acknowledge Maxamtech, the Activity and/or any relation thereto. 3) Any other reason the contact details provided by which Participant cannot be contacted.
• The lucky draw winners will be chosen as per the sole discretion of Maxamtech and only the selected winners will be informed by the Maxamtech team.
• Maxamtech & Q TV holds no responsibility or liability in case the Winner/Winners fails to be contactable by Maxamtech on the day of the results being declared by Q TV or for any reason. A maximum of 2 attempts will be made by Maxamtech to contact each Winner. In such a case, Maxamtech shall not be liable to prove the efforts made in this regard Maxamtech will proceed to select the subsequent winner
• The Winners for the daily Contest will be announced on Q TV channel, the App and both parties’ (Q TV and each Winner’s) social media handles respectively during the Contest Period.
• The prizes shall be couriered to the address shared by the Winners with Maxamtech. Only the mobile number used to participate in the contest will be considered for disbursing the prizes and contacting the Winners.
• If the Participant doesn’t have any of the above-mentioned options, he/she shall not be considered. The time to disburse the lucky draw prize amount will be decided by Maxamtech at its sole discretion and shall be handed to the lucky draw winner/winners by cash/transfer in bank account of the lucky draw winner/winners.
• The prize amount shall be given to the lucky draw winner on production of valid documents such as valid Photo ID proof and Address proof. Any failure on the part of the lucky draw winner to comply with directions issued by Maxamtech, shall entitle Maxamtech, in its own discretion to cancel and forfeit the prize amount. Though Maxamtech shall make every effort to declare the results of the Contest on the due date for the respective lucky draw winner, it shall not be responsible for any delay in announcing the lucky draw winners of the respective prize amounts arising out of reasons beyond its control in the normal course of business.
• The gifts specified in clause 14 above and/or the prize amount shall be non-transferable, non-negotiable and no such request shall be entertained by Q TV. In the event of any unforeseen circumstances, Maxamtech reserves the sole right to offer an alternative prize amount of the similar value.
• Employees of Maxamtech / QYou and its affiliates/subsidiaries, sponsors of the prizes, associated agencies, participating operators and their immediate family members and relatives are not eligible to participate in this Contest.
• Maxamtech shall not be responsible for any loss or damage suffered by the Participants/Winners while participating in the Contest. This game involves an element of financial risk and may be addictive. Please play responsibly and at your own risk.
• Failure by Maxamtech to enforce any of these Rules in any instance(s) shall not give rise to any claim by any person.
• The Contest shall be governed by and construed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the contest and, or, pertaining to the rules and regulations and, or, the Terms and Conditions shall be referred to Arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed by Maxamtech. The venue of arbitration shall be at Pune and the Arbitration proceedings shall be in English.
• Any interim reliefs sought under Arbitration shall be subject to the exclusive jurisdiction of courts in Pune city only.
• Maxamtech, in its absolute discretion reserves the right at any time, without giving any prior notice to the Participants, to add, alter, modify, change or vary all or any of these terms & conditions, wholly or in part, or to withdraw the Contest.
• Any attempt by a Participant to deliberately damage or undermine the legitimate operation of the Contest and/or the App is a violation of Criminal and Civil Laws and should such an attempt be made, Maxamtech reserves the right to seek damages from any such viewer to the fullest extent as permitted by law.
• All entries will be treated as the sole property of Maxamtech and can be used by Maxamtech and Q TV for any promotional and / or commercial activity & the Participants/Winners waive all rights of whatsoever nature in the said entries in favour of Maxamtech by participating in the Contest.
• Participants/Winners may be required by Maxamtech to participate in a photo, video and/or film session and acknowledge that Maxamtech has the absolute and exclusive right to use such publicity photos, videos and/or films in any medium and in any reasonable manner it may deem fit without any consideration or payment of similar nature to such Participants/Winners.
• Maxamtech and Q TV in its absolute discretion may publicize, broadcast or otherwise disclose a Participant’s/Winner’s name, character, likeness, statements, photographs or any recording of their voice in advertising or promotional activities concerning this Contest, or generally. Maxamtech may promote or advertise that a Winner has won the Contest in any media, part or full in any form/ any channel without any time expiry. By entering into the Contest, the Winners/Participants waive all copyrights including but not limited to Intellectual Property Rights (IPR) and moral rights, rights of publicity and any related rights and consents to Maxamtech’s right to use the pictures uploaded by the Participant(s) the captioned posted for the Contest , picture, tape or portray him/her as a Contest Winners, and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio and print media, without any compensation whatsoever for advertising and publicity purposes, except where prohibited by law. The prize Winners also consent to Maxamtech’s right to use his/her name, voice or picture, or the content of his/her Activity Entry (collectively, the “Publicity Rights”). Maxamtech can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with Maxamtech. Maxamtech shall also be free to use any ideas, concepts, know-how or techniques contained in the entries received for the Contest for any purpose.
• In case of any dispute or difference in respect of the prize/ selection of Winners, the decision of Maxamtech shall be final and binding on all concerned.
• Apart from the above-mentioned gifts, mega prize and/or prize amounts, nothing else will be provided to the Winner and/or lucky draw winner, as the case may be.
• All gifts and/or mega prize shall be claimed by the Winner/Winners, accompanied with documents if any specified herein below. The documents required to be submitted along with the claim by the Winner/Winners includes the following (the document list is only indicative and not exhaustive and Maxamtech shall be entitled to request the Participant/Winner/Winners to produce such other document/s from the Participant/Winner/Winners as it may deem fit to its sole and absolute satisfaction:
1. Identity Proof ( PAN Card)
2. Address Proof (Aadhar Card / Passport / Driving License)
• Maxamtech at its sole discretion may also waive production of any of the aforesaid documents
• Maxamtech reserves the right to change/modify/amend the terms and conditions of the gifts/prize amount/mega prize at any time at its sole discretion, without any prior notice to the Participants.
• Maxamtech, its vendor and/or its subsidiaries shall not be liable to any person or entity for any direct, indirect, incidental, special, punitive or consequential damages, including loss or profits, incurred by the winner or any third party, whether in connection with this Contest, or for breach of any warranty or in tort. The Participant specifically agrees not to file in person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against Maxamtech and QTV their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Contest.
• Maxamtech, its vendors and its subsidiaries shall not be responsible for any claim/s arising out of any technical failure/s either before, during, or after the completion of the Contest including but not limited to any technical failures in the telephone lines, failure of servers or the failure to provide the correct contest score updates or any mistakes arising out of technical snags. Further, Maxamtech shall not be responsible for any claims arising out of any failure(s) which are beyond the control of Maxamtech or its vendors
• This Contest is subject to force majeure circumstances i.e. an act of God or any circumstance beyond the control of Maxamtech. Maxamtech will not be liable for any default or delay in the performance of its obligations under these Rules if such default or delay is caused, directly or indirectly, by any of the following: fire, flood, earthquake, elements of nature, or acts of God or terror; riots, civil disorders, rebellions, or revolutions in any country; strikes, lockouts, or labour difficulties; any failure in technology, telecommunications, links, including but not limited to that with the third party; or any other similar cause beyond the reasonable control of Maxamtech.
• The Contest is valid subject to the winner complying with all terms, conditions and/or formalities as required by Maxamtech. Any failure on the part of the Participant/Winner to comply with the any specified term, condition and/or formality shall render the Participant/Winner liable for disqualification at the sole discretion of Maxamtech.
• This Contest is subject to guidelines/ directions issued by the Telecom Regulatory Authority of India or any other statutory authority/ies from time to time. Maxamtech is not responsible for any errors or omissions in the terms and conditions contained herein. All information provided in the Contest is provided “As is” without warranty of any kind. Maxamtech makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Participant and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability or fitness for any particular purpose.
• Maxamtech reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this offer or any part thereof including the eligibility criteria, at its sole discretion at any time during its validity as may be required in view of business exigencies and/or changes by regulatory authority and/or statutory changes and the same shall be binding on the Participant/Winner.
• Participation in the Contest implies acceptance of all terms & conditions and Rules associated with the Contest.
• Mr. Rishabh Raina is appointed as the Grievance Officer on behalf of Maxamtech. In case of any queries or concerns or issues with respect to the Contest and/or the Rules, the Participants may write to the Grievance Officer at rishabh@maxamventures.com.