1. ACCEPTANCE OF TERMS AND MODIFICATION THEREOF
a. access and use of the Platform for playing the Draws and Trivia (as detailed herein below) hosted by the Company on its App; and
b. account opened by the User on the App. The User shall be permitted to access or use the services only upon creating the Account.
1.5. The Company reserves the right, in its sole discretion, to terminate the access of a User to the Platform or any portion thereof at any time, without any prior notice.
2. REGISTRATION, USAGE AND ACCESS BY A USER
2.1. To use or access the App, the User also agrees to:
a. download and open the App on his device;
b. sign up for an account or if the User already has an account, to log into his existing Account. The User may also register to participate in the Draw and the Trivia via other methods as and when made available by the Company;
c. participate into the Draw or Trivia and for this purpose the User shall declare that it is eligible to use or access the Platform or participate into Draws or Trivia or Games or receive services hosted by the Company and is not barred under by any Applicable law, for the time being in force;
d. receive a notification on his device w.r.t the Draws and/or Trivia or any other functionality or service of the App;
e. provide true, accurate and complete information about himself ('Registered Data') including but not limiting to (a) Name, (b) Date of Birth, (c) Mobile Number, (d) E-mail address, etc., on the App;
f. maintain and promptly update the Registered Data to keep it true, accurate, and complete, at all times. If the User provides any information that is untrue, inaccurate, misleading or misrepresented or not current or incomplete or the Company has reasonable grounds to suspect that the Registered Data or any part thereof is untrue, inaccurate, misleading or misrepresented or not current or incomplete, the Company has the right to suspend or terminate the User’s account and refuse any and all current or future use or access of the Platform including the App;
g. the User accepts that the Company shall not be responsible in any manner for the non-fulfilment of the Prize to him by Paytm or any other third-party payment service provider; and
2.2. A User may create more than one User ID provided each such User ID shall be linked to a distinct verifiable mobile number.
2.4. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the account created at the Platform and shall be fully responsible for all activities that occur by use of the account. Further, the User agrees not to use any other party's account for any purpose whatsoever without proper authorization from the relevant party. The User is responsible for the security of all transactions undertaken on his account. The Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the User’s account.
2.5. The User also agrees and undertakes to immediately notify the Company of any unauthorized use of the User’s account or User ID as the case maybe. The Company shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this requirement.
2.6. Each User who accesses or uses the Platform, including the App, represents that he is an Indian resident or a person resident in India as per the Applicable Laws.
2.7. The User agrees and undertakes not to sell, trade, resell or exploit for any commercial purposes, any portion or service(s) of the Platform, including the App. The User further agrees and undertakes not to copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell any information, software, products, Services or intellectual property obtained from the App or the Platform in any manner whatsoever.
2.8. The User represents that he shall not use the App or its services for any illegal purposes and declare that the use conforms to the Applicable laws og his jurisdiction.
4. DRAWS - JEETOH BUMPER AND KISMAT KA TICKET
The Company will conduct the following draws which shall consist of selection of a User ID on a random basis (“Draws”).
a. Title of the Draw - Jeetoh Bumper
b. Description of the prize - The Jeetoh Bumper Draw will produce one winner ID based on probability.
c. Draw - The Jeetoh Bumper Draw is held twice a week (i.e. every Tuesday and Saturday) in Mumbai. However, this may change at any time without any notice and at the sole discretion of the Company.
d. Prize amount – upto INR 50 lakhs twice a week. The winner of the Jeetoh Bumper Draw is picked purely on the basis of probability. There are no fixed number of winners for the Jeetoh Bumper draw. There may be cases where no winners are announced.
e. Participation - To enter the Jeetoh Bumper Draw Users must click the “Jeetoh Bumper” option on the App, pick six normal balls; then successfully complete the first task displayed on the App screen and pick the first lucky ball. Then, successfully complete the second task displayed on the App screen and pick the second lucky ball. Only upon completing all the tasks and choosing specified number of normal balls and lucky balls, the User can enter into Jeetoh Bumper Draw. Details of the required action are clearly displayed on the App.
f. Winning and distribution of Prize amount – Users will be required to pick 6 normal balls (out of 30 normal balls) and 2 lucky balls (out of 15 lucky balls) i.e. Total 8 balls. Currently, 6 balls are out of 30 normal balls and 2 lucky balls are out of 15 lucky balls. However, numbers of ball may change at any time, at the sole discretion of the Company. The winning and distribution of the Prize amount shall be as following:
i. If a User got all 8 balls correct (i.e. 6 correct normal balls + 2 correct lucky balls), he/she will win the jackpot prize of INR 50, 00,000 (i.e. total winning prize amount). The total winning prize amount will be equally split amongst the winners, if there are more than one, in this category.
ii. If a User got 6 normal balls correct and also got 1 lucky ball correct (i.e. 6 correct normal balls + 1 correct lucky ball), he/she will win INR 25,000 (i.e. total winning prize amount). The total winning prize amount will be equally split amongst the winners, if there are more than one, in this category.
iii. If a User got 6 normal balls correct but no correct lucky ball (i.e. 6 normal balls only), he/she will win INR 10,000 (i.e. total winning prize amount). The total winning prize amount will be equally split amongst the winners, if there are more than one, in this category.
iv. If a User got 5 normal balls correct and also got 2 lucky balls correct (i.e. 5 correct normal balls + 2 correct lucky balls), he/she will win INR 25,000 (i.e. total winning prize amount). The total winning prize amount will be equally split amongst the winners, if there are more than one, in this category.
v. If a User got 5 normal balls correct and also got 1 lucky ball correct (i.e. 5 correct normal balls + 1 correct lucky ball), he/she will win INR 10,000 (i.e. total winning prize amount). The total winning prize amount will be equally split amongst the winners, if there are more than one, in this category.
vi. If a User got 5 normal balls correct but no correct lucky ball (i.e. 5 correct normal balls only), he/she will win INR 5,000 (i.e. total winning prize amount). The total winning prize amount will be equally split amongst the winners, if there are more than one, in this category.
vii. If a User got 4 normal balls correct and also got 2 lucky balls correct (i.e. 4 correct normal balls + 2 correct lucky balls), he/she will win INR 10,000 (i.e. total winning prize amount). The total winning prize amount will be equally split amongst the winners, if there are more than one, in this category.
viii. If a User got 4 normal balls correct and also got 1 lucky balls correct (i.e. 4 correct normal balls + 1 correct lucky ball), he/she will win INR 5,000 (i.e. total winning prize amount). The total winning prize amount will be equally split amongst the winners, if there are more than one, in this category.
ix. If a User got 3 normal balls correct and also got 2 lucky balls correct (i.e. 3 correct normal balls + 2 correct lucky balls), he/she will win INR 5,000 (i.e. total winning prize amount). The total winning prize amount will be equally split amongst the winners, if there are more than one, in this category.
g. Total number of tickets issued - Each User ID can submit up to three Jeetoh Bumper tickets a day. Everyday at 00:00 the tickets will reset and Users can submit new tickets again.
h. End date - Every Tuesday and Saturday (subject to change at sole discretion of the Company) at 19:30 Jeetoh Bumper show will go live on the App.
i. Users can win in different categories of the Jeetoh Bumper, but only 1 ticket is eligible for 1 category of the Prize Pot depending on the number of balls that our correct on the ticket; (i.e. If 1 of your tickets get 8 balls correct, you will win only the 50,00,000 jackpot, not other categories. If you get 6 balls correct, you will qualify to win only in the 6 balls prize pot category and not the categories below it.)
a. Title of the Draw - Kismat Ka Ticket
b. The Kismat Ka Ticket game will go live every day of the week.
c. Description of the prize - The Kismat Ka Ticket Draw on Monday-Wednesday-Thursday-Friday-Sunday would have 1,000 winners each. There will be 20 winning ID Groups. Every ID Group shall consist of 50 User IDs. Out of total 20 ID Groups there will be 1 ID Group which will win more than the others. The winning amount would also depend on the number each User ID picked; if the right number hits or neighbour of that right number will determine the winning amount.
d. Description of the prize - The Kismat Ka Ticket Draw on Tuesday-Saturday would have 2,050 winners each. There will be 41 winning ID Groups. Every ID Group shall consist of 50 User IDs. Out of total 41 ID Groups there will be 1 ID Group which will win more than the others. The winning amount would also depend on the number each User ID picked; if the right number hits or neighbour of that right number will determine the winning amount.
e. Prize amount – The total prize amount of Kismat Ka Ticket on Monday-Wednesday-Thursday-Friday-Sunday is INR 6,365 which will be split between the 1,000 winners in the share of — 893 Users will win INR 5 each, 47 Users will win INR 20 each, 38 Users will win INR 10 each, 2 Users will win INR 50 each, 19 Users will win INR 20 each and 1 User will win INR 100.
f. Prize amount – The total prize amount of Kismat Ka Ticket on Tuesday-Saturday is INR 12,140 which will be split between the 2,050 winners in the share of — 1880 Users will win INR 5 each, 47 Users will win INR 20 each, 80 Users will win INR 10 each, 2 Users will win INR 50 each, 40 Users will win INR 20 each and 1 User will win INR 100.
g. Participation - To enter the Kismat Ka Ticket Draw Users must click on the “Kismat Ka Ticket” option on the App. Thereupon User will receive an automatically generated Kismat Ka Ticket ID and User has to pick a number between 1 and 50 and successfully complete two tasks in order to enter into Kismat Ka Ticket Draw. Details of the required action are clearly displayed on the App.
h. Total number of tickets issued - Each User ID can submit unlimited Kismat Ka Ticket tickets a day. Every day after the live show the tickets will reset and Users can submit new tickets again.
i End date – Every day at 19:30 Jeetoh will go live on the mobile App with the Kismat Ka Ticket show. However, this may change at any time without any notice and at the sole discretion of the Company.
4.3. A User ID can submit a maximum of three Jeetoh Bumper tickets and unlimited Kismat Ka Ticket tickets a day. Users cannot submit these tickets jointly.
4.4. Each ticket will be used for the Draw that is live at the time of issuance of the tickets have been issued. Draws will take place every day at 19:30 IST. If a User submits a ticket after the live Draw, it will be considered for the next live Draw.
4.5. Free tickets for ‘Jeetoh Bumper’ and ‘Kismat ka Ticket’ and are only issued after the Company has received notifications from the advertisements networks or Sponsors or Allied sites, etc., confirming that the User have successfully completed the tasks in full.
4.6. The number of free Jeetoh Bumper tickets issued can vary and is subject to change without notice at any time at the sole discretion of the Company.
4.7. Tickets will be available to view immediately after successfully pressing the ‘Submit’ button on the App.
5. TRIVIA – KAMAAL KA SAWAAL
The Company will conduct the following trivia:
a. Title of the Trivia– Kamaal Ka Sawaal.
b. Participation & Description of the Prize – The Kamaal Ka Sawaal is a Question & Answer game, in which a User watching the live show on the App every day at 19:30 (subject to change at the sole discretion of the Company) can participate. In the Trivia a User has to correctly answer 8 Multiple Choice Questions, and on answering all the questions right User will win the prize amount.
c. Prize amount – The total prize amount of Kamaal ka Sawaal on Monday-Wednesday-Thursday-Friday-Sunday is INR 10,000 which will be split between all the winning Users that have answered all the 8 questions correctly.
d. Prize amount – The total prize amount of Kamaal ka Sawaal on Tuesday-Saturday is INR 25,000 which will be split between all the winning Users that have answered all the 8 questions correctly.
6. WINNER ANNOUNCEMENT AND PRIZE
6.1. 30% tax will be levied on any prize money claimed above INR 10,000.
6.2. The Draws and Trivia shall be conducted under the supervision of the Company. The decisions of the Company are final and binding in all matters relating to the Draws and Trivia and Prize(s) thereof.
6.4. Users also understand and agree that the decision of Company on selecting Winners shall be final and binding.
6.5. Each winner will be notified via the App or by email or SMS using the Registered Data. Provided, however, that the Company reserves the right to determine an alternate method of notification.
6.6. Users must ensure that notification settings are turned on the App in order to receive notifications. Further, the Users must also ensure that they have proper functioning infrastructure including but not limited to updated mobile devices, internet, updated App etc.
6.7. Company shall not be responsible for non-contact of a Winner if incorrect or infrequently used email, phone number or address is provided. Users understand and agree that it is their responsibilities to keep check the announcements/notifications made via the App.
6.8. For Jeetoh Bumper Draw:
a. The winner must come personally collect the prize by coming to the office address specified to him on winning the Draw.
b. The winner must have an active bank account as the amount will be issued by way of cheque issued in the winner’s name.
c. The winner will be asked to provide a government approved Identity Proof (ID) in order to claim the cheque.
6.9. For Kismat Ka Tickets and Kamaal ka Sawaal:
a. The winner must have an active Paytm account or UPI ID in order to claim the prize. Company is not liable or responsible for any dispute arising between Paytm and/or bank and the winner post transferring of the prize. The prize may take up to three days to be reflected in the Paytm account or bank account after initiation of prize.
b. The winner agrees to share their Paytm account details and/or UPI details, via email, phone or the App, with the Company when contacted. The Paytm account and/or UPI ID must be linked to the mobile number provided to the Company at the time of registration.
c. If the winner does not have an active Paytm account and/or UPI ID upon notification of winning, the prize cannot be claimed.
d. User agree that additional transaction charges as may be time to time charged by the banks or the third party payment processors may be charged form the User.
6.10. Winners of ‘Kismat Ka Ticket’ and/or ‘Kamaal Ka Sawaal’ must claim their prize through Paytm/UPI within one week (7 days) of the announcement of prize. However, the winners Jeetoh Bumper winners must claim their prize within one month (30 days) of the announcement of prize.
6.11. Users accept and agree that if they do not claim their prize within the indicated time frame, then the prize shall no longer be available and after lapse of the indicated time, no claim, whatsoever, shall lie against the Company.
6.12. The total amount available for transfer is communicated to the winner. It is the final amount and cannot be disputed unless a sum less than the total amount is transferred.
6.13. In case of a dispute arising out of the terms and conditions of the Kismat Ka Ticket or Jeetoh Bumper or Kamaal Ka Sawaal, the Company shall setup a grievance cell of three members to examine and determine the issue/dispute. The decision of the grievance cell shall be final and binding on the parties to the dispute.
6.14. Company reserves its rights to undertake promotional measures using the information provided by the Users at the time of registration, including but not limiting to advertising their names and User IDs, profile picture, city , state, amount won, etc., on social media and/or through other medium and/ or modes, as may be deemed fit.
6.15. Users also understand accept and agree that for claiming the prize they have to participate in all the promotional measures of the Company.
6.16. The prize shall be distributed to the winner only after the winner shares his participation and winning on social media platforms such as Facebook, Twitter, Instagram, etc. or other platforms as may be specified in the App.
6.17. The winners of the Draw or Trivia will have to cooperate with Indiawyn Gaming Private Limited to publicize their winning by way of social media, advertising, photo publicity.
6.18. It shall be the Company’s discretion on deciding when to give the Cash-Out to the User and the User shall not have any right to decide the time or day for receiving or claiming the Cash – Out.
6.20. The Company does not guarantee that the Prize shall be made available to the winner. The Prize is not assignable and not transferable and no substitutions are permitted, except by the Company in its sole discretion.
6.21. In addition, if the Prize is unable to be provided to the winner due to Applicable Law or if the winner cannot claim the Prize for any reason, then the Company reserves the right to not award the Prize at all.
6.22. The User acknowledges that certain jurisdictions have laws regarding contests that may prevent the Company from awarding the User his Prize. By entering this contest, the User (and, if he is a minor, his parents or legal guardians), understands and accepts the risk that the User may win but not be able to receive a Prize.
7. DISCLAIMER OF WARRANTIES
7.1. The Company has endeavored to ensure that all the information provided by it on the App and the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on the App or the Platform. The Company makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Platform, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Platform.
7.2. The Company shall have the right to endorse brands (through advertisements or otherwise) on the Platform and shall also have the right to conduct a Draw and/or Trivia on the Platform which may be sponsored by any third party brand (“Sponsor”) that the Company may associate with. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
7.4. Unless prohibited by Applicable Law, the acceptance of a User to play the Draw and/or Trivia constitutes the User’s permission to use his name, submissions, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner that the Company or the Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions and constitutes the User’s consent to disclose his personally identifiable information to third parties. Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, the User’s acceptance of a Prize constitutes his authorization to:
a. have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record the User;
b. have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or limitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and
c. have relinquished any right that the User may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
7.5. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Platform; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of data or profits, arising out of or in any way connected with using or accessing the Platform including the App.
7.6. The Company shall not be responsible for the delay or inability to use the services on the App, the provision of or failure to provide the services, or for any information, software, products, services and related graphics obtained from the Company through the App, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any other reason whatsoever. The User understands and agrees that any material and/or data downloaded or otherwise obtained from the Company through the Platform is done entirely at his discretion and risk and he will be solely responsible for any damage to his equipment including a phone, internet access, etc., or any other loss that results from such material and/or data.
7.7. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by Applicable Law.
8. ADVERTISEMENT AND LINKS TO OTHER SITES
8.1. Tasks including but not limiting to Sponsored Video Advertisements, games, etc., are supplied by the third-party advertising networks and Company is therefore not responsible or liable for any content served to the Users.
8.2. Company accepts no liability or responsibility for any technical issue arising due to above-said Tasks that may result including but not limiting to the loss of advertisements being displayed, App crashes, or disputed tickets for Draws or Trivia hosted on the App.
8.3. Third parties controls what tasks are served and in which locations. They also reserve the right to not serve advertisements to specific Users or Users located in specific locations.
8.4. The App may contain links to other websites or may contain features of any nature of other websites on the App ("Allied Sites"). The Allied Sites are not under the control of the Company and the Company is not responsible for the contents of any Allied Site, including without limitation any link or advertisement contained in the Allied Site, or any changes or updates to the Allied Site.
8.5. The Company is not responsible for any errors, inclusions, omissions or representations on any Allied Site, or on any link contained in the Allied Site. The Company does not endorse any advertiser on any Allied Site or on any link contained in the Allied Site, in any manner. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.
9.1. The User’s rights on the Platform are conditioned upon compliance with each of the following:
b. the User will not create or submit anything that is unlawful, pornographic, defamatory, libellous, obscene, threatening, harassing, discriminatory, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable laws, rules, regulations or Government of India's guidelines ("Applicable Laws"), or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
c. the User will not embed, re-publish, maintain and/or display any App content on any web site or other Internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
d. the User will not provide false information about him or anyone else (including, without limitation, if and when the User is being asked on the App to provide accurate information about the User's age), and the User will not impersonate or appear to impersonate anyone else or otherwise misrepresent the User's affiliation with any person or entity;
e. the User will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other User of the App, unless the User would have obtained prior permission from such User to do so;
f. the User will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Platform (or any parts thereof);
g. the User will abide by all copyright notices, information, restrictions contained in or associated with any of the App content;
h. the User will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Platform;
i. the User will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with the Platform;
j. the User will not use any of the rights granted to him or any of the Platform content in a manner that suggests an association with any of the Company's products, services or brands, unless otherwise specifically permitted by the Company;
k. the User will not do anything on the App that would prevent other Users' access to or use of the App or any part thereof;
l. the User, upon a request from the Company, shall provide all the necessary documents to show his proof of residency in India; and
9.3. The User represents and confirms that he is of legal age to enter into a binding contract and is not a person barred from accessing and using the App and availing the services of App under the laws of India or other Applicable Laws.
9.4. The User acknowledges and agrees that:
a. as between the Company and the User, the Company owns all right, title and interest in the services and the App;
b. The User also understands accessing or using the Platform including App may include certain communications from the Company as service announcements and administrative messages. The User understands and agrees that the services are provided on an "as-is-where-is" basis and that the Company does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.
9.5. To access the Platform including the App, the User has and must continue to maintain at his sole cost all the necessary equipment including a phone, internet access, etc. to access the App and/or avail the services; and own access to the World Wide Web. The User shall be responsible for accessing the Platform including the App which may involve third party fees including, airtime charges or internet service provider's charges which are to be exclusively borne by the User.
9.6. The User also understands accessing or using the Platform including App may include certain communications from the Company as service announcements and administrative messages. The User understands and agrees that the services are provided on an 'as-is-where-is' basis and that the Company does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.
10. LICENSE AND PROPRIETARY RIGHTS
a. the License to access, view and otherwise use the Platform (including, without limitation any information or services provided on or through the Platform) for the personal and lawful use only by the User, as intended through the normal functionality of the Platform; and
10.2. The content of the App and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by the Company and/or its licensors and are protected by applicable Indian and international copyright and other intellectual property laws. The User acknowledges, understands and agrees that he shall not have, nor be entitled to claim, any rights in and to the content of the Platform and/or any portion thereof.
10.3. The Company may provide the User with content including information, sound, photographs, graphics, video or other material through the Platform. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by the Company and shall not copy, transmit or create derivative works of such material without express authorization from the Company.
10.4. The User acknowledges and agrees that he shall not upload, post, reproduce or distribute any content on the Platform that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
11.1. The winner shall be responsible and liable for all taxes in connection with the Prize.
11.2. The User hereby consents and agrees that the Company may withhold any such amount from his Account that any tax authority requires the Company to do so, or the Company is otherwise required by law or pursuant to agreements with any tax authority to do so, or if the Company needs to comply with internal policies or with any applicable order or sanction of a tax authority.
12.1. The Company and the User hereby agree to keep the data, information and terms of the Account ("Confidential Information") confidential and shall not disclose the same without the consent of the other.
12.2. The parties shall not be liable for breach of the above clause when the Confidential Information is disclosed pursuant to an order of any court or government authority and/or in performance of this contract by the Company and/or when the parties independently obtain it from a third party.
b. The Company believes that the User's actions may infringe on any third-party rights or breach any Applicable Law or otherwise result in any liability for the User or other Users of the App.
14.1. Either the User or the Company may terminate this Agreement with or without cause at any time to be effective immediately.
17. LIMITATION OF LIABILITY AND INJUNCTIVE RELIEF
17.1 The User understands and expressly agrees that to the extent permitted under Applicable Laws, in no event will the Company or any of its affiliates or group companies or any of their respective officers, employees, directors, shareholders, agents, or licensors be liable to the User or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from the User’s use or access (or the use of anyone using an account registered to the User) of the Platform or any parts thereof.
17.2 Notwithstanding anything to the contrary herein, the User hereby irrevocably waives any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of the Company or any of its affiliate or group company related project, or the use, publication or dissemination of any advertising in connection with such project.
"Force Majeure Event" means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.
20.1. All notices and communications from the User to the Company in relation to the Platform and/or any of the services (including those termination of any of the services etc.) shall be in writing. The User shall be deemed to have been given a notice if sent by an email or posted within the Platform.
20.2. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
22. COMMUNICATION BETWEEN US
22.2. If we have to contact you or give you notice in writing, we will do so by e-mail, push notifications or SMS to the mobile phone number or email address provided at the time of registration.
24. VERNACULAR DECLARATION