Hipi ENTERTAINER OF THE YEAR (“CONTEST”)

Hipi ENTERTAINER OF THE YEAR (“CONTEST”)

1. DESCRIPTION OF THE CONTEST

  1. 6 (six) Hipi influencers have been nominated for ‘Hipi Entertainer of The Year’ category.
  2. Participants have to vote for one of the six nominated Hipi influencers.
  3. Total 5 (five) lucky Participants who voted for the winning influencer shall win a cash prize of Rs.9,999/- (Indian Rupees Nine Thousand Nine Hundred and Ninety-Nine) and a chance for virtual meet-n-greet with the winning influencer. 
These Terms and Conditions (T&C) set forth the general terms and conditions and rules of the Contest titled “Hipi Entertainer of the Year” and is in addition to (not in lieu of) to the Terms of Use and Privacy Policy that apply to the Application. 

Duration – 30th July, 2021 to 15th August, 2021

ZEEL has appointed 4MM as the Gratification Partner / Partner

2. DEFINITIONS

For the purpose of this T&C, wherever the context so requires, the term:
  1. “Application” shall mean a social media / user generated content platform currently branded as ‘Hipi’ and accessible from the Device(s).
  2. "Device(s)" shall mean smartphones running the Android (with version 4.4 and above)/ iOS (with version 10 and above) operating platforms, capable of receiving and transmitting data including via Internet and/or mobile communications technology and/or any other similar technology. The Contest may work on sim-based tablets and Devices other than smartphones operating on the Android (version 4.4 and above) or iOS (version 10 and above) operating platforms, however, we recommend the Participant to play the Contest on smartphones for a better user experience.
  3. "Contest Intellectual Property" shall include but not limited to Contest, creatives, Contest format, prize format, scoring format, all trademarks and copyrights obtained by the Company for the purposes of this Contest, IT infrastructure design, domain names and terminologies used in this document to define specific aspects of the Contest and any other Intellectual Property associated or related or developed in relation to the Contest.
  4. "Gratification Partner(s)" or "Partner(s)" refers to the corporate third-party entities that are responsible for gratification of Prizes and any other form of gratification.
  5. "Intellectual Property" shall include but not be limited to copyrights, trademarks, patents, trade secrets, domain names and / or any other legal interests recognized or protected as intellectual property.
  6. "Participant(s)" means any person(s) who (i) has downloaded the latest version of Application on his/her Device, (ii) Registered User on the Application (iii) is present in India and (iv) is of sound mind and health and (v) has agreed to enter and participate in the Contest in accordance with the Rules & Regulations as defined in this document.
  7. "Prize(s)" mean any Offer(s), Offer Prize(s), Grand Prize(s) or any other form of gratification that a Participant may be eligible to win during the Contest. For the sake clarity, Prize(s) shall be as the following:
CASH PRIZE
INR 9,999/- (Indian Rupees Nine Thousand Nine Hundred and Ninety-Nine only) cash prize 

Cash price T&C’s
PRIZE – TDS & Cess of 31.2% to be charged on the cash prize before transferring the final cash prize.

Claiming the prize
The cash prize is subject to 31.2% TDS& Cess before transferring the final cash prize to Prize Winners.
Please note cess is 2% on 30% hence the total % deduction will be 31.2% 

      viii. "Registered User(s)" means a person who registers on the Application through an e-mail ID and/or phone number.
      ix. “Rules” shall mean the rules contained in [www.hipi.co.in] for the Contest
      x. “Territory” shall mean territory of India. 
      xi. "Winners" shall mean all winner or any other Participant who have won any other form of gratification subject to the T&Cs defined herein and announced by ZEEL as Winners.

3. ENTERING THE CONTEST

To be eligible to take part in the Contest, the Participant(s) need to confirm to the following eligibility criteria:
  1. be an Indian citizen or residing in India
  2. be of sound mind and health
  3. be a Registered User
  4. should be of 18 years or above
  5. should cast a vote for one of the nominated influencers on voting microsite
To participate in the Contest, the Participants have to go through the social media post of the Application posted by the Application handle and follow the steps shared on the social media platform (Instagram, Facebook, Twitter) in the social media post of the Application posted by the Application handle. It is hereby clarified that in case the Participant is below the age of 18 years; ZEEL shall assume a deemed acceptance of the T&Cs by the parent and/or guardian of the Participant.

4. WINNERS

The Winners shall be rewarded with Prize. The Winners shall be shortlisted by ZEEL through computerized random selection procedure in accordance with the Terms & Conditions. ZEEL disclaims all the liability towards such selection of Winners. Each Winner shall be rewarded with a Cash Prize of INR 9,999/- (Indian Rupees Nine Thousand Nine Hundred and Ninety-Nine only). Total of 5 (five) Winners during the Duration of the Contest shall be rewarded with the Cash Prize. Gratification Partner and ZEEL’s decision on such matters shall be final and no correspondence whatsoever will be entered into. The Prizes shall be non-transferable and have no residual value. Cash Prize shall be transferred by the Gratification Partner. KYC shall also be done by the Gratification Partner as a part of verification process for Cash Prize. 

5. ADDITIONAL TERMS AND CONDITIONS

  1. ZEEL shall not be responsible and/or liable in any manner whatsoever in case the Participant(s) is unable to participate due to failure on part of the telecom operator, internet provider, facility provider, etc.
  2. ZEEL may use any information collected from the Participant(s) at the time of subscription of the Application and/or at the time of entering the Contest organized by ZEEL in relation to the Contest (including checking/verifying Participant(s) eligibility to enter it). ZEEL will not keep this information for longer than is necessary for the operation of the Contest. However, ZEEL shall not be responsible or liable for any loss or damage caused due to leakage or misplacement of such information.
  3. The participation in the Contest will not in itself make the Participant(s) eligible for the Prize.
  4. ZEEL reserves the right to modify, add or delete any of the T&Cs or participation mechanics of the Contest at any point of time at its sole discretion without serving any prior intimation to the Participant(s).
  5. ZEEL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Contest with or without prior notice due to reasons outside its control or otherwise (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of ZEEL in all matters shall be final and binding.
  6. ZEEL shall not be responsible for any loss or damage if it has to discontinue or cancel this Contest in compliance with any law, ruling, order, regulation, requirement or instruction of any Central/State Government or for any other unavoidable reason beyond its control or otherwise.
  7. The Participant(s) hereby agrees to indemnify ZEEL or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Contest or due to any representations, misrepresentations or concealment of material facts by the Participant(s).
  8. ZEEL is not responsible for the loss of any nature, and/or any physical injury and/or disability and/or disfigurement and/or mental trauma and/or death that may occur/ occurs to the participant, who has been considered as invalid and/or not selected and/or selected as a winner while participating in the Contest, in relation to the Contest and/ or grand prize.
  9. The content on the Application, Intellectual Property and Contest Intellectual Property are owned by or licensed to ZEEL and are subject to copyright, trademark, and other intellectual property rights under Indian laws. You agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Application or any portion of the Application, including, without limitation, the content and the Intellectual Property, except as authorized by these T&Cs or as otherwise authorized in writing by ZEEL. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the content, Intellectual Property and Contest Intellectual Property, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these T&C or as otherwise authorized in writing by ZEEL. You must abide by all copyright notices, information, and restrictions contained in or associated with any content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or 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 content.
  10. Participant(s) agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support ZEEL or ZEEL Services.
  11. Participant(s) shall not attempt to gain unauthorized access to the user accounts, servers or networks connected to ZEEL services by any means other than the user interface provided by ZEEL, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of ZEEL services.
  12. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, ZEEL AND/OR CONTEST IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING ZEEL TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE INSTALLATION OF, USE OF, REGISTRATION, AND RESULTS OBTAINED FROM ZEEL. WITHOUT LIMITING THE FOREGOING PROVISIONS, ZEEL MAKES NO WARRANTY THAT THE APPLICATION WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE APPLICATION WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT THE APPLICATION CAN BE BLOCKED OR MADE INOPERABLE AND ZEEL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE SAME. THE APPLICATION IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. ZEEL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ALL RISK ACTIVITIES.
  13. The Contest is meant for entertainment and recreational purposes only, and is not a contest, bet, award or challenge or other form of formal event.
  14. Any loss or outrage or dissatisfaction suffered during playing the Contest by a Participant would not be the responsibility of ZEEL and/or its associates and affiliates, who will not be responsible to make good any such loss or dissatisfaction. Under no circumstances whatsoever, will the Participant be entitled to claim any damages against ZEEL and/or its associates and affiliates including but not limited to General and Special Damages, Consequential, Pecuniary and Non-Pecuniary, Liquidated, Aggravated, Exemplary Damages, Compensatory and Non-Compensatory, Nominal and Damages for Loss of Profit/ Loss of Opportunity.
  15. ZEEL will endeavor to ensure that the integrity of the Contest is maintained at all times and will take reasonable steps in this regard. In the event ZEEL receives information that the integrity of the Contest has been compromised in any manner, including by using unfair or unlawful means, ZEEL reserves the right to take all actions, including suspending the Participant from the Contest, to protect itself.
  16. The Participant’s participation in the Contest shall be considered to be acceptance of all T&Cs as set forth herein including the Privacy Policy and Terms of Use of the Application.
  17. The Participant hereby represents that he/she is not under any contract, exclusive or otherwise, with any other third party/ agency or is not under any kind of disqualification or disability under law, to enter into an agreement with ZEEL or its associates and affiliates, as the case may be.
  18. The Participant shall undertake, warrant and guarantee to ZEEL that the Participant has the full legal capacity to participate in the Contest, in accordance with these T&Cs.
  19. The Participant acknowledges that he/she has voluntarily chosen to participate in the Contest at his / her free-will and is willing to bear all risk, costs & consequences arising from such participation in the Contest.
  20. The Participant shall not have any claim against ZEEL and/or any of its associates and affiliates connected with the Contest. ZEEL, its associates and affiliates or vendors connected with the Contest shall not be responsible for any such eventuality and the Participant(s) shall not be entitled to claim any compensation from ZEEL.
  21. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, and/or the operation of the telephone system, internet system, or the validity of any question or answer options, the decision of ZEEL shall be final and binding on all Participant(s) and other persons. ZEEL is empowered to take a decision on any case or instances not covered by the present T&Cs.
  22. ZEEL has the sole right at any time/to alter/ amend/ withdraw/ replace/discontinue and/or terminate the Contest without any prior intimation or notice to the public and ZEEL is not obligated in any manner whatsoever to compensate any person(s) who have participated in the Contest.
  23. If the operation of the Contest is prevented by an event of force majeure or otherwise, ZEEL may cancel all or any part of the Contest or take such other decision as it deems fit.
  24. ZEEL is empowered to take a decision on any case not covered by the present T&Cs.
  25. ZEEL, its associates and affiliates will not be liable for any loss of earnings, employment or otherwise, caused to the Participant(s) and arising as a result of his/her participation in the Contest.
  26. The Participant(s) hereby agree to indemnify ZEEL, its associates and affiliates against any claims that might arise from his/her actions or omissions while participating in the Contest.
  27. The Participant hereby agrees and undertakes that, ZEEL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Contest.
  28. The only way to enter the Contest is through participation as described in these T&Cs. Any person claiming that he/she can help get you access to the Contest for a consideration is defrauding you. Please contact your local police and report this person immediately.
  29. The Participant shall not have any ownership interest, license or other rights in the application for Contest or any right in the Contest intellectual property therein, whether by license, implication, estoppel or otherwise.
  30. The Participant acknowledges and agrees that he/she shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from ZEEL or thirty party owners of such content.
  31. ZEEL in its sole discretion may suspend or terminate and/or block the Participant(s) from accessing all or any part the Application and/or any service provided therein if he/she breaches or is suspected to be in breach of the T&Cs or any applicable law or if he/she is found to be misusing the Application or are engaged in illegal or fraudulent use of Application in any manner. Suspension or termination of the Participant’s account may result in loss or destruction of any information/data associated with such account.
  32. All these T&C are specific to the Contest and do not supersede or substitute the Terms of Use and Privacy Policy of using the Application.
  33. Participant correspondence, transactions or related activities with third parties, including payment providers and verification service providers of the gratification partner(s), are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such Gratification Partner(s) shall be subject to the T&Cs, Rules, policies and other service terms adopted/implemented by such Gratification Partner(s), and the Participant(s) shall be solely responsible for reviewing the same prior to transacting or availing of the services of such gratification partner’s. Participant agrees that ZEEL will not be responsible or liable for any loss or damage of any sort incurred because of any such transactions with gratification partner(s). Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
  34. In case of any queries, please write at the registered address of ZEEL setting out your concerns/issues related to the Contest. All endeavors shall be made to reply to the queries within reasonable time on a best effort basis. However, the absence of a reply shall not be deemed to mean acceptance by ZEEL of any claims made in the query.
  35. The invalidity or unenforceability of any part of the T&Cs or the Rules shall not prejudice or affect the remaining parts of the T&Cs or the Rules to the extent that it is severable.
  36. This Contest shall be governed by and construed in accordance with the laws of India and the courts at Mumbai shall have the exclusive jurisdiction.

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