The following terms and conditions (“T&Cs”/ “Terms and Conditions”) shall be applicable to Sony Pictures Networks India Private Limited (“SPN”), owned television channel ‘YAY!’ (“Channel”) activity conducted by SPN (“Activity”) relating to promotion of the Channel’s programs (“Shows”) wherein SPN is going to conduct a “Sony YAY” birthday party at a Dominos outlet whereby activity entrants are required to send their entries via SMS by entering keyword “Name (space) City” on SMS Service number 8652233335. Entry will cost you upto Re.1 per sms.
Basic Terms and Conditions:
1. The Activity is open only to Indian citizens, residing in India. Citizens and/or residents of countries other than India are not eligible to participate. Citizens and/or residents of countries other than India residing in India are not eligible to participate.
2. The Activity entrants must be children between the age of 2-14 years as on the date of the Activity or any person participating on behalf of the children of such age.
(All persons fulfilling conditions mentioned in section 1 & 2 shall be hereinafter referred to as “Participants/Activity Entrants”)
3. Activity shall be open for participation as per the timelines specified in the T&Cs for Activity.
4. Employees, agents and promoters (including their immediate family members) of SPN and any of their divisions, affiliates and subsidiaries, and others associated with the Activity in any manner, are not eligible to participate in the Activity.
5. The Activity terms and conditions shall be mentioned on SPN website http://www.sonyyay.com (“Website”). The Participants agree that by participating in the Activity, the Participants shall deemed to have accepted and be bound by the terms and conditions provided at the Website.
6. The Participants shall be required to provide basic personal information about them including but not limited to Participants name, address, telephone number or mobile number and email address in order to register and participate in the Activity. The information provided by the Participants may be used by SPN for internal purposes and to send in the future to the Participants promotional information pertaining to the SPN network.
7. For the Activity, each Participant must submit their complete entry in order to qualify as an entrant in the Activity (“Entries”) through SMS.
8. The manner, day and the basis of choosing the Selected participants/ Selected Entrants (defined below) shall be at the sole discretion of SPN.
9. Participants shall not post any profanity or abusive comments on the respective Website’s Activity page/ Channel’s website/or in any other manner. In the event of any such profanity or abusive comments posted on foregoing pages, such Participants shall be disqualified forthwith and SPN reserves its rights, in addition to removing such post, to take a legal action against such participant and/or user.
10. Participants agree no clarifications on the questions and the answers used in the Activity shall be entertained by SPN.
11. By participating in the Activity, each Participant agrees to follow these Terms and Conditions and is deemed bound by any decisions made by SPN in its sole discretion, including any interpretations of the Terms and Conditions.
12. SPN including its divisions, affiliates and subsidiaries, and their respective agents and representatives, employees shall not be responsible for any loss of Entries for any reason whatsoever including, due to any technical problems for Entries received after the deadline as a consequence of computer service delays, interruptions, electronic failures or overloads, or for lost, misdirected or misplaced Entries. The Entries are void if unreadable, inaccurate, incomplete, damaged, tampered with, falsified, mechanically reproduced, not in prescribed format, irregular in any way or otherwise not in compliance with these Terms and Conditions.
13. SPN is not responsible for any errors or omissions in the terms and conditions contained herein. All information provided in the Activity is provided "As is" without warranty of any kind. SPN 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.
14. Under no circumstance, unless due to wilful misconduct or gross negligence, shall SPN and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. 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 SPN their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Activity.
15. SPN does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the Participants or furnish any reason or explanation for inclusion and, or, exclusion of any particular submission of the Entry of a Participant at any stage of the Activity.
16. Under no circumstance shall SPN including the Channel and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if SPN has been advised of the possibility of such damages.
17. SPN reserves the right to withdraw or discontinue and/or terminate the Activity at any stage without prior notice and without any liability whatsoever to the Participants.
18. The decisions of SPN and its representatives shall be final and binding on all aspects of the Activity and/or otherwise.
19. Your participation in the Activity by posting the Entries will be deemed as an acceptance of the above stated Terms and Conditions.
20. SPN shall not be liable and responsible for any costs, taxes, levies and duties due and owing under applicable and statutory laws in connection with the enrolment process of the Activity.
21. SPN shall not be responsible for any lost, late or misdirected computer transmission or network, electronic failures of any kind or any failure to receive entries owing to transmission failures or due to any technical reasons.
23. In exercise of the powers conferred by clause (ob) of sub-section (2) of section 87 read with section 43A of the Information Technology Act, 2000 (21 of 2000), the Central Government has framed the Information Technology (reasonable security practices and procedures and sensitive personal data or information) Rules, 2011(“Privacy Rules”) which makes it mandatory for any concern to deal with any personal information including sensitive personal information as per the said Privacy Rules. In course of providing the aforesaid Entries in the Activity, SPN shall treat the information and pictures as sensitive and confidential and as per the aforementioned Privacy Rules such information has to be now dealt with as per the provisions specified in the said Rules.
24. SPN shall deal with any Data/information including sensitive personal information, if any, that it receives from SPN or otherwise collects, holds, uses and processes in the following manner: a). Company may also disclose Data/information including sensitive personal information, if any, to governmental agencies and regulators (e.g., tax authorities), social organizations (e.g., the social security administration), human resources benefits providers (e.g., health insurers), external advisors (e.g., lawyers, accountants, and auditors), courts and other tribunals, and government authorities, to the extent required or permitted by applicable legal obligations upon prior written approval from SPN. b).The level of data protection using technical, managerial, operational and physical security control measures by SPN shall be such as to be in compliance with all applicable laws including but not limited to Information Technology Act, 2000 and Privacy Rules. c).The term ‘Data/information’ including sensitive personal information, if any, shall mean and include the name and contact information (home address, telephone and fax numbers and email address), valid identity proof such as passport number, driver’s license number, permanent account number (PAN), or other details pertaining to the identity of the Participants.
25. Participants confirm that the pictures uploaded by them or any part thereof do not infringe upon the statutory rights, common law rights, intellectual property rights including copyrights in literary, dramatic, musical or motion picture rights, patent rights or the trademark or trade names of any person, firm, corporation, association or entity whatsoever. Neither the Pictures nor any part thereof violate the statutory rights of, or the right of privacy, or constitute a libel or slander against any person, firm, corporation, association or entity whatsoever, or violate any other rights not herein specifically enumerated. No pictures or any part thereof shall be defamatory or contribute contempt of court or breach of contract, or breach of any provision of statute, nor hurt the sentiments of religious groups. In the event of any infringement and/or any unlawful usage of any information including pictures provided by the Participants, SPN shall not be held liable on any account whatsoever.
26. The Activity is void where prohibited by law. All relevant national and local laws apply.
27. The Activity shall be governed by and construed in accordance with the applicable laws in India. All matters with respect to the Activity are subject to the jurisdiction of the Courts at Mumbai only.
28. For any queries on the Activity and/or the Terms and Conditions, please send a direct message (DM) to firstname.lastname@example.org or visit our website www.sonyyay.com.
Entrants may enter as many times as they like and each entry will be charged at the rate above. No responsibility can be accepted for lost, delayed, incomplete, or for electronic entries or access to the competition. Any such entries will be deemed void.