Bollywood Bonanza is being organized by Cellcast Interactive India Pvt ltd herein after known as Cellcast, and is subject to Terms and Conditions (hereinafter "Terms") given hereunder these are the terms and conditions governing your use of the wireless service 5664468 and its associate website www.bollywoodbonanza.in.
CELLCAST may amend the Terms and Conditions at any time by posting the amended terms of the Service on www.bollywoodbonanza.in. All amended terms and conditions shall automatically become effective immediately after they are posted on the Website and any subsequent use of the Service shall be governed by such amended terms. You are advised to regularly check the Terms and Conditions for any amendments or updates. If any of the Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such Term/Condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.
1 Participation/Membership Eligibility
Use of the Service and/or the Website is available only to persons who are citizens of India, are also residing in India and can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors (i.e., below 18 years of age), un-discharged insolvent etc. are not eligible to use the Service and/or the Website. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Service and cannot participate in the programe/ game show. Cellcast reserves the right to terminate your membership and refuse to provide you with access to the Service and/or the Website if Cellcast discovers that you are under the age of 18 years.
2 Your Account and Registration Obligations
If you use the Service, you are responsible for restricting access to your mobile phone, and you agree to accept responsibility for all activities that occur from your mobile phone.
You agree to:
Provide true, accurate, current and complete information about yourself as and when requested by Cellcast (such information being the "Registration Data") If you provide any information that is Untrue, inaccurate, not current or incomplete or Cellcast has reasonable grounds to suspect that Such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms And Conditions, Cellcast has the right to indefinitely terminate your access to the Service and/o the Website and exclude your score/s from all contests/game shows participated by you.
3. Electronic Communications
When you use the Service, send SMS messages , use IVR (Interactive voice response system) or use our Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by SMS or by posting notices on the Site/by sending you an email /by placing a voice call, as deemed fit by CELLCAST. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement & all such communications will not be treated as un solicited.
4. Fees and Services
The Service is open to Mobile Customers Available for Airtel, Tata, Vodafone, Loop, Idea, Aircel, MTS, Uninor, Reliance, Virgin, MTNL Mobile and Airtel Landline subscribers only. Please note that this not a free service. All the access mediums will be at premium charging i.e. Rs.12/- per minute. In relation to the same, please note that Cellcast may have engagements with Operators from whom Cellcast may receive a certain fees/amounts. The relationship between Operator and the User will be subject to guidelines/directions issued by Telecom Regulatory Authority of India or any other statutory authority from time to time. Unless otherwise stated, if any fees applicable, such fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Service and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. In such a case, Cellcast reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your access to the Service in case of non-payment of fees by you to the telecom operator.
5. Use of the Service
You agree, undertake and confirm that your use of the Service shall be strictly governed by the following binding principles:
(a) "Your Information" is defined as any information including but not limited to your photograph (Passport size) you provide to us or other users of the Service ("Users") in the registration, and Participating the program /game show. You are solely responsible for Your Information, and we act as a Passive conduit for your online and/or in any manner to distribute and publication of Your Information.
(b) Your Information (or any items listed):
(i) Shall not be false, inaccurate or misleading;
(ii) Shall not be fraudulent in any manner;
(iii) Shall not infringe any third party's intellectual property, trade secret or other proprietary rights or Rights of publicity or privacy;
(iv) Shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
(v) Shall not be obscene or contain pornography;
(vi) Shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other Computer programming routines that may damage, detrimentally interfere with, surreptitiously Intercept or expropriate any system, data or personal information;
(vii) Shall not create liability for us or cause us to lose (in whole or in part) the services of our Operators And/or other associates.
(viii) Solely to enable the MOBILE SERVICE PROVIDER to use the information you supply us with, so that We are not violating any rights you might have in Your Information; you agree to grant us a non- Exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) Right to exercise the copyright, publicity, and database rights and also any intellectual property Rights you have in Your Information, in any and all media and technology now known or which may Come into existence in the future, with respect to Your Information.
(c) In the event that any transaction or attempted transaction relating to any item, good or service which Is violative of these terms and conditions comes to your knowledge, you shall take all steps to inform Cellcast of the same. You may contact Cellcast at customercare@bollywoodbonanza.in
(d) You shall comply with all applicable Indian (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies and/or any other laws which may be applicable from time to time) regarding your use of our Service and your participation.
6. Platform for Communication
Cellcast and its associates and agents are in no manner whatsoever responsible of any failure of Systems/technology etc., as a result of which the Service does not receive your responses for The Contest.
7. Breach
Without limiting other remedies, Cellcast may immediately issue a warning, temporarily/indefinitely suspend or terminate your access and refuse to provide you with access to the Service and/or the Website:
(a) If you breach the Terms and Conditions or the documents it incorporates by reference;
(b) If Operator is unable to verify or authenticate any information you provide; or
(c) If it is believed that your actions may cause legal liability for you and/or Cellcast
(d)Cellcast may at any time at its sole discretion reinstate suspended User.
(e)A user that has been indefinitely suspended may not register or attempt to register with Cellcast or use the Service in any manner whatsoever until such time that such User is reinstated by Cellcast. Notwithstanding the foregoing, if you breach The Terms and Conditions or the documents it incorporates by reference, Cellcast reserves the right to recover any dues owed by you to Cellcast and to take strict legal action civil and/or criminal, including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
(f)Please be aware that even if you do not give Cellcast your real name, your Mobile phone transmits a unique phone number to us, which can be used by law enforcement officials to identify you
8. Winning
a) As a Winning contestant you must contact Cellcast within seventy-two (72) hours of game closing successfully at customercare@bollywoodbonanza.in
b) The prize will be delivered to you in 90 working days or less from the date of receiving the following:
(i) All formalities to be completed as laid out by Cellcast.
(ii) Payment for all mobile bills for the tenure during which the caller/subscriber participated The show/Contest.
(iii) Clearance received from the respective operator.
c) Documents & Prize will be dispatched to the true owner (person in whose name the SIM card of the mobile is registered).
d) Please note that as per Section 115B & 194B of the Income Tax Act, 1961, the value of the product won by the winner in this contest will be treated as "Income" in your hands and Taxable at a flat rate of 30.9% or as applicable on the date of winning & or at the time of disbursement.
9. Limitation of Liability
In no event shall Cellcast or its associates be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Service, its services or this agreement (however arising, including negligence). Cellcast’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Cellcast. its associates, Operator and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Service or that the operation of the Service will be error free and/or uninterrupted. Consequently, Cellcast assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in Connection with use of the Service.
(ii) Any interruption or errors in the operation of the Service.
(iii) The non-receipt of the responses for all games/contest by Cellcast Due to Operator network failure/congestion/any other reason. You expressly understand and
Agree that Cellcast shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cellcast has been advised of the possibility of such damages).
10. Indemnity
You agree to indemnify and hold Cellcast and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
11. Relationship
None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and Cellcast and you shall have no authority to bind Cellcast in any manner whatsoever. 14. Arbitration
If any dispute arises between you and Cellcast during your use of the service or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Cellcast. The place of arbitration shall be Mumbai. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
12. Governing Law
The Terms and Conditions shall be governed and construed in accordance with the laws of India.
13. Others
Cellcast has the right to declare Bollywood Bonanza Contest null and void at any time before, during and after the close of the game or in case of unavoidable circumstances.
Cellcast decision on the winner will be final. If anyone breaches any terms and conditions, Cellcast has the ability to terminate the Users access and remove the Users Score for any of games from the Service. The Service may be available on select cellular networks. Please check with your Operator before participating in this Service.
Cash prizes up to Rs. 1000 will be given to the respective winner in the form of OXYCASH phone recharge. In case of Post Paid winners the same will be credited via OXYCASH to their respective mobile phone account which will be reflected in the subsequent bill to be raised by the operator.
Please Note that there is no particular order in which we take our callers on the show. Our callers are randomly selected by our system. Every user is thus given a Fair Chance to be selected by the System to be taken on air.
The user can call any time during the show and hold on to wait for his /her chance to be taken on air. If you the user does not wish to hold, he /she can disconnect and call again.
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