MTR Contest T&C
Contest Details, Concept and Participation:
These terms and conditions apply to the Contest for the consumers, sponsored and launched by MTR Instagram and Facebook handle (Instagram.com/mtrfoods) , (facebook.com/mtrfood) (hereinafter referred to as "MTR”).
Consumers participating or seeking to participate in the Contest shall individually be referred to as "Participant" and collectively as "Participants".
Each Participant, based on the inputs provided by him/her, has a chance to win basis the rules stated in the social media post.
The Contest is subject to all applicable central, state, and local laws and regulations.
Agreement to Terms and Conditions:
Participation in this Contest is purely voluntary. By participating in this Contest, each Participant is deemed to have accepted the complete terms and conditions of this Contest as contained herein and available on the website of MTR Foods. The decisions of ‘MTR’, which are final, binding, and conclusive in all matters related to the contest, successfully entering the contest, and winning of prizes, subject to all terms & conditions set forth herein.
‘MTR’ reserves the right to exclude any person from the Contest on grounds including but not limited to misconduct, criminal record, minors, misrepresentation etc.
‘MTR’ reserves the right to terminate, modify or extend this Contest and these Terms and Conditions, at its absolute and sole discretion, without assigning any reason whatsoever including extending, withdrawing, or discontinuing the same without notice, and without incurring any liability in this regard.
All decisions of ‘MTR’ in respect of the contest and the prizes therein will be final and binding.
Eligibility:
The Contest is only valid for Indian Residents unless otherwise mentioned in the contest social media post.
Employees of MTR Foods Private Limited or any associate or subsidiary company of MTR Foods Private Limited ("Employees") shall not be entitled to participate in the Contest. This restriction shall extend to (i) any relatives or family members of the Employees; (ii) any vendors, sub-contractors, distributors, retailers, consultants or agents of MTR Foods Private Limited; and (iii) any entity that is involved in the management/partnering of the Contest; (iv) auditors of MTR Foods Private Limited.
All Participants who participate agree, acknowledge and accept as per the terms and conditions that even if they are registered under NDNC (National Do Not Call), DND (Do Not Disturb), ‘MTR’ will have all the authority to call the Participants by virtue of them having voluntarily participated in the Contest.
Contest Period & Contest Timings:
The Contest validity will be as per details given in the social media post and is subject to extension at the discretion of MTR (hereinafter "Duration of the Contest" or "Contest Period").
How to Apply:
To participate in the Contest, the Participant must follow the participation steps mentioned in the social media post.
Participants can have multiple entries for a contest unless otherwise mentioned in the contest social media post. However, one participant will not be awarded multiple prizes.
Prizes:
The prizes of the winners will be as per the details given in the social media post.
Receipt of the prize:
Please allow 14 days for delivery of the prize or alternative collection or delivery arrangements may be made through mutual agreement.
Winner Selection:
“MTR” will declare the winner via Instagram story/post.
The Winners will be shortlisted by ‘MTR’, based on the correctness of the participation entry.
‘MTR’ or its agencies shall not be liable for any loss or damage of the prize due to Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever for such losses. The decision of ‘MTR’ on any matter relating to this Contest will be final and binding.
Contacting Winners:
Once the Participant is shortlisted as Winner, he/she shall receive a shortlisted call /email / Direct message on their social handle.
Three such attempts shall be made to contact the shortlisted winner to seek confirmation and further details. In the event, that the said shortlisted winner does not receive/pick up the call or does not give the full details as sought, he/she shall no longer be eligible to participate further or be considered for the Contest.
No prize will be awarded if the information provided by the Participant at the time of entering the Contest is not factually correct. The prize will be handed over to the winner only after the above-mentioned formalities are fulfilled.
Publicity:
The Participant/Winner undertakes and irrevocably and unconditionally permits ‘MTR’ to cover the Contest through various media including newspapers, radio, television news channels, internet, Hoardings, Point of sale materials, etc., and shall not raise any objection, protest or demur to such coverage or in this regard.
At the request of ‘MTR’, Participants shall participate in all activities relating to the Contest surrounding the winning of the prize, free of charge including participating in any photography/videography session, interviews etc., and they consent to ‘MTR’ using their name and image and the answers/slogans given by the Participant in any promotional material.
Intellectual Property:
All rights, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all responses received from the Participants shall vest solely and exclusively with ‘MTR’ at all times. ‘MTR’ or any person or entity permitted or authorised by it in this regard shall be entitled to use the responses received from the Participants in respect of the Contest or any information in connection with the Contest in any media for future promotional, marketing, publicity and any other purpose, without any permission and or payment to the Participant.
All material submitted in connection with the Contest (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to ‘MTR’ upon submission and become the property of MTR Foods Pvt. Ltd exclusively. ‘MTR’ may use the material in any medium in any reasonable manner as it seems fit. Copyright in any such material remains the sole property of ‘MTR’.
General Conditions:
By entering into the contest, each Participant represents and warrants that he/she is legally competent to enter into binding contracts under applicable laws. By taking part and/or entering into the Contest the Participant warrants that all information provided by him/her regarding the Participant’s name, age, state, city, address, phone number, etc., is true, correct, accurate and complete.
The decision of ‘MTR’, as regards the selection of winners and distribution of the prizes shall be final, subject only to ‘MTR’’s approval. No correspondence or any other claims whatsoever, in this regard will be entertained.
The prize cannot be exchanged, and is not transferable and cannot be converted into cash.
Nothing contained herein amounts to a commitment or representation by ‘MTR’ to conduct further Contests.
The decision of ‘MTR’ shall be final in all regards and no other communication shall be entertained in this regard. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between any Participant and ‘MTR’ and the Participant shall not have the authority to bind ‘MTR’ in any manner whatsoever.
‘MTR’ shall not be liable to perform any of its respective obligations under the Contest or in respect of the prize where it is unable to do so as a result of circumstances beyond its control in the nature of fire, explosions, natural calamities, state emergency, riots, or any other Force Majeure condition, etc., and shall not be liable to compensate the Participant in these circumstances. ‘MTR’ shall not be accountable/liable for any disruptions/stoppages/interruptions or cancellation of the Contest due to any government restrictions or procedures.
Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of ‘MTR’
‘MTR’ accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, loss of internet connectivity, codes, documents, demand drafts, claims or correspondence whether due to error, omission, alteration, tampering, unauthorized data hacking, deletion, theft, destruction, virus attack, transmission interruption, communications failure, hardware failure or otherwise. ‘MTR’ shall not be liable for any consequences of user error including (without limitation) costs incurred.
If a Participant is dissatisfied with the Contest or the Contest rules and/or any content or any requirements of the Contest form, the materials available related thereto, or with these terms and conditions, his/her sole and exclusive remedy is to not participate in the Contest.
Incomplete or otherwise invalid entries shall not be considered.
‘MTR’ shall bear all the taxes on the goods delivered as prizes except for the deduction of applicable TDS as per the provisions of the Income Tax Act, 1961.
Entries that are found to be contrary to existing laws, by-laws, public policy, and recognized standards of conduct or otherwise inappropriate shall be declared invalid.
Release and Limitations of Liability:
‘MTR’ shall under no circumstances be liable, for any loss or damage suffered or sustained (including but not limited to consequential loss, indirect losses), including any costs incurred, as a result of participating in the Contest and/or acceptance of any prize.
By entering the Contest, the Participant hereby releases and agrees to indemnify ‘MTR’, and/ or any of its respective officers/employees from and against all liability, cost, loss or expense arising out of acceptance of the prize or participation in the Contest including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission, or otherwise of the participant and persons claiming under him/her.
MTR will not accept any liability for any damage, loss, injury or disappointment suffered by any entrants as a result of either participating in the contest or being selected for a prize, save that MTR does not exclude its liability for death or personal injury as a result of its own negligence.
‘MTR’ accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself, or third parties in relation to the prizes.
The Participant shall be solely responsible for any consequences which may arise due to his/her participation in the Contest by conducting an illegal act. Participant also undertakes to indemnify ‘MTR’ and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of an attorney, legal charges etc.) on a full indemnity basis for any loss/damage suffered by ‘MTR’ on account of such act on the part of the Participant.
In consideration of ‘MTR’ allowing the Participant/s to take part in the Contest, to the maximum extent permitted by law, the Participant/s waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against ‘MTR’, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the Contest or related to the Contest or the prize of the Contest.
‘MTR’ and/or its agents, vendors, consultants etc., shall in no event be liable for any failure of technology or telecommunication infrastructure that results in an invalid or incomplete entry or a failure to submit a successful entry.
‘MTR’ makes no representation to any Participant in respect of efficiency of technology, modus of selection of winners, submission of entry or any other aspect of participating in the Contest
Settlement of Dispute:
In the event of any dispute, or difference whatsoever arising out of this contest relating to the construction, meaning, scope, operation or effect of this or the validity or the breach of terms and conditions thereof shall be settled by arbitration of sole arbitrator to be appointed by MTR Foods Pvt Ltd. in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The award passed by the sole arbitrator shall be binding on both parties. The place of arbitration shall be at Bengaluru, India. The language the of arbitration shall be English.
Further all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Participants and/or ‘MTR’ and/or Partners of this Contest, shall be governed and construed in accordance with the laws of India and subject to exclusive jurisdiction of Bengaluru courts only.
