Terms and Conditions  for

RABBLER DAY OUT WITH THE FEMINA MISS INDIA DELHI, 2016 WINNERS CONTEST

1.             The promoter of the Rabbler Day Out with the Femina Miss India Delhi, 2016 Winners Contest (hereinafter referred to as “the Contest”) is Charles and Minx Private Limited, having its Registered Office at 41 Lorong N, Telok Kurau, Singapore, 425166, a company engaged in the design, development and marketing of  “Rabbler” mobile polling app and shall hereinafter be referred to as “the Promoter” “we” or “our”;

2.             The Rabbler website www.getrabbler.com including a mobile version (hereinafter referred to as “the site”), the software we make available on the site, if any (hereinafter referred to as “the Site Software”) and the software we make available for mobile devices (hereinafter referred to as “the Mobile Software”), including iOS and Android (Collectively referred to as “the Service”) allowing the users to compose, share and vote on opinion polls.

3.             Ssqueal Technology India Private Limited (OPC), a company incorporated under the Companies Act 2013, having its registered office at 04073, ATS Greens Paradiso, Sector Chi-4, Greater Noida, India, 201308, is the franchisee of the promoter for arranging the logistics of the contest in India.

4.             By using or visiting the site of the Promoter or any Service, the user, also referred to as “you” or “your” is under an obligation to peruse the Terms and Conditions before participation in the Contest, if you do not agree with any provision of the Terms and Conditions including the Privacy Policy incorporated herein, you should not participate in the Contest;

5.             The Fbb Femina Miss India Delhi auditions will be held on February 21, 2016 and the Delhi pageant will be held on February 27, 2016. The Contest opens on February 21, 2016 at 2100 hours IST and closes on February 26, 2016 at 1700 hours IST (both dates inclusive). Boosted voting will close on February 26, 2016 at 1700 hours IST. Boosted votes sent only during this contest period will be eligibile for the lucky-draw. Any boosted votes sent outside the contest period shall not be considered for the lucky draw but will add to the pageant contestants' vote tallies. Normal voting for the Rabbler Miss Popular title will close on February 27, 2016 at 1200 hours.

6.             All major individuals above the age of 18 years and minors under 18 years, with their parents’ consent, who are residents of India shall be eligible to participate in the Contest;

7.             Employees of the Promoter, subsidiaries and associated Companies and agencies and their immediate families up to the second degree of consanguinity, persons connected with the Contest/prize draw are not eligible to participate in the Contest;

8.             You hereby represent and warrant that any entry submitted in connection with the Contest is true, accurate, current, complete and not misleading, fraudulent or deceptive. The User has to ensure his/her availability for being contacted, whenever necessary, in relation to the Contest. The Promoter reserves the right to request proof of a user’s eligibility in the event that there is a doubt over his/her eligibility for the Contest;

9.             We reserve the right to disqualify any user from participating in the Contest if we find reasonable grounds to believe that any of these Terms and Conditions have been breached;

10.           In the event that any user is disqualified from the voting, the Promoter in its sole discretion may decide whether a replacement should be selected. In this event, any further user will be selected on the same criteria as the original user and will be subject to these Terms and Conditions;

11.           You hereby agree and understand that you have read and completely understood these Terms and Conditions, and your participation in the Contest shall be considered as your irrevocable acceptance of these Terms and Conditions of the Contest;

12.           This Terms and Conditions shall be subject to change without prior notification; it shall be your responsibility to periodically check the www.getrabbler.com for perusing the latest Terms and Conditions;

13.           Acceptance of valid entry towards the Contest, by itself, does not ensure any prize/(s) in the competition and each valid entry shall provide the respective user a chance to win the prizes, subject to the results of prize draw;

14.           To participate in the Contest, a user must boost their vote for their preferred fbb Femina Miss India Delhi pageant’s contestant on the designated poll. A user may boost his/her vote by paying the prescribed amount against the purchase of a commensurate number of votes for their preferred contestant. The votes may be boosted either on the Rabbler mobile app. that can be downloaded from the Google Play Store, Apple App Store or on the browser widget of the designated poll accessible on any device with an internet browser. Multiple entries (“Boost vote”) are permitted and each subsequent vote is chargeable at the rate as prescribed on the payment screen. Vote purchased by the user directly contribute to the vote tally of his/her preferred pageant contestant towards the “Rabbler Miss Popular” award. The pageant contestant with the maximum votes wins the “Rabbler Miss Popular” award. By boosting your votes, you stand a greater chance to win the Contest. You can pay through the following modes: Net banking, Credit/Debit Card, Cash Card and PayU Money. You shall be receiving a Transaction ID for every transaction alongwith an SMS and Email confirmation from our end. There is no cancellation/return for votes, once counted (See clause 39-40);

15.           The vote of any user will be deemed to have been cast and an acknowledgement of receipt of his/her vote shall be considered for counting only when such vote reaches the Service’ server. Any unclear/incorrect/incomplete vote, or absence of valid user and email ID, incomplete vote shall be considered invalid vote and deemed null and void;

16.           The Prize Draw for the ‘Lucky Winner’ will close at 1100 hours IST on February 26, 2016 and the draw will be held at 1200 hours IST on February 26, 2016 and the ‘Lucky Winner’ shall be notified by telephone and/or email by 1700 hour on February 26, 2016;

17.           Return of any Prize notification as undeliverable or failure to reply (regardless of cause)may resultin disqualification resulting in selection of an alternate “Lucky Winner” in accordance with the Contest Terms and Conditions. The “Lucky winner(s)” name may be published online;

18.           The “Lucky Winner” shall have to be present in person to accept the Prize along with any of the following proof of identity: Electoral Photo Identity card, Ration Card with photograph, Passport, Driving License, Post Office Identity Card, Identity card from Central/State Government or PSU, Photo Identity Card issued by recognized University/ Education Board/ /College/School for verification at the address provided at the time of being notified as the winner.In all matters, the decision of the Promoter shall be final and no correspondence or discussion shall be entered into.

19.           Claims for prizes must be made in the manner and within the time specified at the time of notifying the Winner. Failure to claim a prize within this time or in the manner specified may result in disqualification and selection of an alternate winner.

20.           Prizes are non–transferable and there is no cash alternative. No request for extensions or replacement of Prize shall be entertained. The Promoter reserves the right to substitute prizes of equal or greater value at any time.

21.           Prizes are awarded at the discretion of the Promoter and no prizes will be awarded in case of any improper actions by or on behalf of any User. The Promoter shall have the sole discretion to send away the “Lucky Winner” on grounds of bad behavior, use of unpardonable language or improper dressing;  

22.           Where a prize may not be appropriate for a younger user, the minimum age for entry may be restricted and must be observed. The Promoter reserves the right to request written proof of age of any winner.

23.           All taxes, insurances, transfers, spending money and other expenses (including meals or personal expenses upgrades etc.) as the case may be, unless specifically stated, are the sole responsibility of the prize winner.

24.           The user gets as many chances for the lucky draw for the grand prize as the number of votes subscribed to by the user (See clause 14). For example, if a user subscribes to 10 votes, then the user gets 10 chances in the lucky draw for the grand prize.

25.           In order to participate in the contest, for using the site, you must obtain access to the Word Wide Web and pay any service fee related to the access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile devise, tablet and/or other access devices);

26.           No automatic, programmed, robotic or similar means of voting are permitted. Users who do not comply with these Terms and Conditions or who attempts to interfere with the voting process or the operation of the app and site in any manner, shall be disqualified and their votes will not be counted;

27.           The Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend voting, should any virus, bug, unauthorized human interventions, fraud or other causes beyond its control, corrupt or affect the administration, security, fairness or proper conduct of the voting process. All decisions regarding the voting process shall be final and shall not be subject to challenge or appeal;

28.           The Promoter or its affiliates, partners and promotion and advertising agencies are not responsible for any technical, hardware, software, telephone or other communication malfunctions, errors or failures of any kind, lost or unavailable network connections, the App, the Site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of voting information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmission which may limit one’s ability to vote, including any injury or damage to user’s or any other person’s computer or mobile device relating to or resulting from participating in the voting or downloading any materials. The Promoter is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which will be disqualified. The Promoter shall use commercially reasonable efforts to ensure the security and accuracy of all votes and the voting process (provided, however, that you acknowledge and agree that such methodologies are not infallible, and that we make no guarantee as to their effectiveness);

CAUTION: ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE VOTING PROCESS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

29.           This App and Site respects the Intellectual Property Rights of others and asks the users of this Site to do the same;

30.           Your right to make use of this App and Site and any material therein or other content appearing on it is subject to your compliance with the Terms and Conditions. Modification or use of the material or any other contents on this Site for any purpose not permitted by these Terms and Conditions may be a violation of the Copyrights and/or Trademarks protected by law and is prohibited;

31.           You may access and display material and all other content displayed on this Site for non-commercial, personal, entertainment use only. The material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, distributed or used in any way unless specifically authorized by the Promoter. Any authorization to copy the material granted by us in any part of the Site for any reason is restricted to making single copy for non-commercial, personal, entertainment use only and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other website or networked computer environment is prohibited. Also decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited;

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHATROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY OURS OR OF THE CONTENT PROVIDER. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS AND THE CONTENT OF FORUMS IS NOT OUR RESPONSIBILITY. WE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME AT OUR SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

32.           Please act responsibly when using this App and Site. You may only use this App and Site and its contents for lawful purposes and in accordance with application of law and you are prohibited from storing, distributing or transmitting any unlawful material through this site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender and not us, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site;

33.           The Promoter reserves the right to cancel or amend the voting or the Terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside our reasonable control. (Force majeure)

34.           You agree to indemnify and hold harmless the Promoter and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs and expenses, including reasonable attorney’s fees, resulting from your breach of these terms and conditions, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the promoter’s servers, and/or from any and all use of your account. (Indemnity Clause)

35.           That the Promoter shall not be in any manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any loss, injury, death, mental trauma or damage suffered by any user in any manner whatsoever, in connection to votingfor the Contest;

36.           All disputes are subject to the exclusive jurisdiction of the Courts or Tribunals in New Delhi only;

37.           If any provision of these Terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions;

38.           Privacy Policy - Data relating to users will be retained by the Promoter for a reasonable period after the voting closes to assist us to operate voting in a consistent manner and to deal with any queries on the Voting. Winners may be requested to take part in promotional activity and the Promoter and its affiliates, partners and promotion and advertising agencies reserve the right to use the personal data provided by the users for promotional, advertising (including targeted advertising) or marketing activities, which they believe to be in the interest of the user. This includes sending out marketing, advertising (including targeted advertising), communication and promotional materials to the users relating to any products manufactured, marketed or sold by the Promoter or its affiliates, partners and promotion and advertising agencies; Any information, personal data and material relating to and obtained from the user may be accessed, stored or otherwise processed in any medium or format determined by the Promoter and may be transmitted across national borders for storage and/or processing.

39.           Refund Policy - Due to the nature of Rabbler products (Votes are non-tangible digital goods), it is not possible to “return” the product; therefore we DO NOT offer refund or exchange after purchase is made. If you need to contact us please send us an email at contact@getrabbler.com

40.           Cancel and Return policy - Due to the nature of Rabbler products (Votes are non-tangible digital goods), it is not possible to “return” the product therefore we DO NOT offer refund or exchange after purchase is made. If you need to contact us please send us an email at contact@getrabbler.com

41.           Pricing of the votes will be at the sole discretion of the Promoter at all times.

 

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LIMITATION OF LIABILITY:THE PROMOTER DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE PROMOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE PROMOTER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.