| This PENALTY SHOOTOUT (hereinafter referred to as " PENALTY SHOOTOUT ") is being conducted by TimesofMoney Limited, a company incorporated under the Companies Act, 1956 and having its Registered Office at 4th Floor, Times Tower, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel (West), Mumbai 400013 (hereinafter referred to as "TOM" and/or "the Company", which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns).
In these Terms and Conditions, unless repugnant to the context or meaning thereof, the following words shall have the following meanings:
- "Existing Customers" shall mean individuals already registered with TOM's Website (as defined herein), and who are already customers of TOM's Website. I.e. any Remit2India Customer who in the past, successfully completed a Valid Transaction of remittance of money using the TOM website.
- "New Customers" shall mean any individual, who is not an Existing Customer that visits the TOM Website, during the Promotion Period" and registers on the TOM Website for the first time for sending money to India.
- "Remit2India Data" means the information in respect of the remittance service - offered on TOM Website by its banking partners - including all updates, upgrades, withdrawals, additions, modification, etc. with regard to the Remit2India service;
- "Nominee" shall mean an individual, who is an Indian Citizen and blood related family member of the Remit2India Customer or his/her spouse, residing in India.
- "Beneficiary" shall mean an individual Indian citizen residing in India to whom the remittance has been sent by a Remit2India Customer (Existing or New).
- "PENALTY SHOOTOUT " shall mean the promotional program being offered by TOM in accordance with Terms and Conditions mentioned herein.
- "Participant" shall mean all Remit2India Customers (Existing and New), who are eligible to participate in this PENALTY SHOOTOUT.
- "Prizes" shall mean prizes being offered under this PENALTY SHOOTOUT and includes Daily Sweepstake and Weekly Sweepstake.
- "Remit2India Product" or "Remit2India Service" or "R2I" shall mean the online money remittance service provided through TOM Website by its banking partners to its New Customers and Existing Customers.
- "Taxes" shall mean and include all applicable taxes, cess, duties, surcharge, withholding taxes that are leviable on any payments or transactions envisaged under these Terms and Conditions pursuant to the laws of India, the laws of the United States of America and the laws of any other applicable jurisdiction.
- "TOM's Website" or "TOM Website" means www.remit2india.com or http://www.timesofmoney.com/remittance/jsp/home.jsp?uiId=TOML.
- "Valid Transaction" shall mean a transaction of remittance of money booked by the Remitter (Remit2India Customer, who wishes to transfer money to India) on TOM Website, which results in successful disbursement of funds by the Banking Partner of TOM to the Beneficiary of Remitter.
TERMS AND CONDITIONS –
- To participate in the PENALTY SHOOTOUT an individual will need to transact using the TOM Website during the Promotion Period and he/she must do a Valid Transaction of remittance to a Beneficiary in India. The transaction shall be termed as successful, once funds are disbursed to the Bank Account of the Beneficiary in India or once funds are paid to the beneficiary through Demand Draft or through the remittance card. The aforementioned individual must always comply with Terms and Conditions of TOM's Website for transacting through TOM Website, which can be found at – "http://www.timesofmoney.com/remittance/jsp/r2i_termsAndCondition.jsp."
- Eligibility to Participate -
- In order to qualify as an eligible participant in the PENALTY SHOOTOUT , the Existing Customer or the New Customer must be an adult as per Indian Laws.
- Any customer of Remit2India (New Customer or Existing Customer) has to predict the outcome of the upcoming matches. Only the customers who have succesfully predicted the right answer becomes eligible for the rewards under PENALTY SHOOTOUT
- Any customer of Remit2India (New Customer or Existing Customer) doing any Valid Transaction for remittance within 3 days of correct prediction on TOM's Website shall be eligible to win in sweepstakes under and in accordance with the terms and conditions of this PENALTY SHOOTOUT .
- Incontestability of the procedure of giving of sweepstakes is the condition precedent for participation in the PENALTY SHOOTOUT . In the event an Individual contests or threatens to contest the sweepstakes, procedure or any other condition of these Terms and Conditions, he/she shall be disqualified from participation in the PENALTY SHOOTOUT .
- Participants must completely and irrevocably accept the terms and conditions of this PENALTY SHOOTOUT and the terms and conditions of Remit2India Services in order to maintain the eligibility in the PENALTY SHOOTOUT at all times.
- PENALTY SHOOTOUT REWARDS -
- An individual must qualify as an eligible Participant pursuant to these Terms and Conditions in order to claim rewards under this PENALTY SHOOTOUT .
- For all customers with correct predictions followed by Valid Transaction of remittance within 3 days of Prediction by Remit2India Customers (Existing or New) on the TOM Website, the Remit2India Customers shall get a chance to win the Daily and the weekly sweepstakes at the sole discretion of TOM. Such benefit will be imparted to the Remitter in the country and at the address which is disclosed to Remit2India by the remitter and remains in the records of Remit2India.
- Daily Sweepstake: TOM shall choose two Daily Winners from all the eligible customers (Existing Customers and New Customers) on a random selection basis, who shall be eligible to receive a Daily Sweepstake Prize of World Cup 2010 Jerseys. The Prize shall be sent across to the remitter after the expiry of Promotion Period.
- Weekly Sweepstake: TOM shall choose two Weekly Winners from all the eligible customers (Existing Customers and New Customers) on a random selection basis, who shall be eligible to receive a Weekly Sweepstake Prize of World Cup 2010 match Ball. The Prize will be sent to the remitter after the expiry of Promotion Period.
- All Existing Customers and all New Customers who book a Valid Transaction on the TOM Website, during the Promotion Period, shall be entitled to participate in this PENALTY SHOOTOUT and shall be eligible to win the Prizes being offered by TOM.
- The Remitter will receive the Sweepstakes Prizes (Daily and Weekly) and in no circumstance the Prizes will be given to the remitter's Beneficiary
- WINNERS OF THE SWEEPSTAKES HEREBY ACKNOWLEDGE THAT THE PRIZES WILL BE GIVEN TO THE /REMITTER AFTER DEDUCTION OF APPLICABLE WITHOLDING TAX IN ACCORDANCE WITH TAX LAWS IN INDIA. IN THE EVENT THERE IS ANY CONFUSION IN ANY PROMOTIONAL ADVERTISEMENT MATERIAL AND THESE TERMS AND CONDITIONS, PROVISIONS OF THESE TERMS AND CONDITIONS SHALL PREVAIL.
- Winners of the Sweepstakes shall bear all Taxes, costs (incidental, direct & indirect etc.), and expenses in relation to him/her winning the Sweepstake.
- Name of the Winners will be announced within 30 days of closure of the PENALTY SHOOTOUT on the TOM Website.
- The Participants/Winners hereby acknowledge that there may be delays in delivery of the Prize(s) due to various reasons and the Winners shall not hold TOM liable for any delay in delivery or non delivery of any Prize or if prizes so received are damaged by any reason whatsoever.
- If the Prize(s) remain unclaimed for a period of 30 days from the announcement of the results, the Prize(s) shall stand cancelled and forfeited and thereafter the Winners shall not be eligible to claim the Prize(s)
- PENALTY SHOOTOUT will be a Limited Period Offer that will be effective from 21st June 2010 and will expire on 11th July 2010("Promotion Period").
- All intellectual property rights in respect of TOM's websites and any literature, manuals, reports, research papers, data, flow charts, drawings, designs, diagrams, tables, software, source code or object code or other information or materials in whatever form and on whatever media stored or held, acquired, created, developed, designed or otherwise prepared by TOM and any related patent, trademarks and service marks, registered designs, utility models applications for any of the foregoing; design rights, copyrights and all or any similar or equivalent rights arising or subsisting in any country in the world shall be owned by TOM and all or any part thereof shall belong to TOM, absolutely.
- All and any incidental costs direct and/or indirect, if any, in relation to the PENALTY SHOOTOUT , including any Taxes shall be borne by the Winner and in no manner whatsoever shall TOM be responsible for the same
- TOM reserves the right to take pictures/videos of Participants, Winners and have all rights to use the pictures/videos for publicity.
- If any provision of these terms and conditions, is declared null and void, or is of no force and effect for any reason such determination shall not affect any other provisions of these terms and conditions and all other provisions shall remain in full force and effect.
- The Participants shall at all times be liable to sign and submit to TOM any declarations and/or documents as required to be executed by TOM with reference to the PENALTY SHOOTOUT . Non-acceptance by any Participants of the declarations and/or documents stated herein will disqualify them from participation, immediately, as the case may be.
- The Prizes enumerated herein shall be non-transferable and/or non-negotiable. TOM reserves the right to change the Prizes offered under this promotion at any point of time without informing the Participants/ Remit2India Customers.
- TOM reserves all rights to make amendments to these rules without any prior notice.
- Non-conformance by any Participant of the terms and conditions of the PENALTY SHOOTOUT will disqualify them from participation PENALTY SHOOTOUT
- Participant waives his/her right, either individually and/or severally, to file in person and/or through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum under any jurisdiction against TOM to claim any damages or relief or otherwise.
- Participant hereby specifically agrees to these Terms and Conditions.
- These Terms and Conditions shall be construed in accordance with the laws of India and any dispute or other matter arising in reference to the PENALTY SHOOTOUT shall be referred to a sole arbitrator appointed by TOM and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai and the proceedings shall be conducted in English language. Participant hereby submits to the exclusive jurisdiction of Courts at Mumbai, India.
- TOM reserves the right to withdraw this PENALTY SHOOTOUT , at its sole discretion, at any time without giving any prior notice thereof to Participants.
- It shall be the sole responsibility of the Participants to check on TOM's Website for updates on the PENALTY SHOOTOUT and for updated terms and conditions.
- The terms and conditions of the PENALTY SHOOTOUT shall be in addition to and not in substitution/ derogation to the Terms and Conditions governing the usage of the Remit2India services offered by TOM as set out on the TOM Website.
- If Participants violate any of the terms and conditions enumerated herein or if Participants dispute any Prize(s) or costs to be borne by Participants under this PENALTY SHOOTOUT , Participants hereby authorize TOM to cancel their participation and forfeit the Prize(s). TOM in its sole discretion may announce another Winner in such a case.
- Indemnification -
- The Participants hereby agree to indemnify and hold TOM absolutely harmless at all times from any loss, claim, prejudice, damage, costs, Taxes, duties, penalties, interest thereon or expenses of any kind, including reasonable attorney's fees and legal costs to which TOM may be subjected:
- by virtue of a breach of the representations and warranties or any term or condition by the Participants;
- by virtue of any finding related to the terms of these term and conditions;
- by virtue of any contravention and/or non-compliance on the part of Participants with any statutes, laws, ordinance, regulations, directions and codes as may be applicable from time to time;
- on account of any improper disclosure of Information; or
- on account of any act of negligence, misfeasance or fraud;
and Participants undertakes to fully compensate TOM for any of aforesaid damages or costs.
- The provisions of this Clause shall be without prejudice to any other rights available to TOM. In this regard, TOM's estimation of claim or loss caused would be final and binding on the Participants.
- Notwithstanding any other provision of these terms and conditions, in no event shall TOM be liable to the Participants for lost profits or revenues, consequential or similar damages arising out of or in connection with the PENALTY SHOOTOUT .
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