Holi's Hit Contest : ASSURED Prize For First 400 Participants !!!

How about an innovative way of celebrating the festival of colours;
Joke around with your buddies this festive season with Berger's Holi's Hit
And win exciting prizes prizes.
Click below to join the fun!



http://on.fb.me/N3e894

Principle Rules

1. The Contest shall be hosted on the Platform. The Contest shall commence on Monday, 10th March 2014 and will close on Tuesday, 18th March 2014 ("Period"). Berger Paints India reserves all rights to make amendments to the Period or such other terms and conditions stated herein in its sole discretion, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions for the Contest on the Platform from time to time. Berger Paints India also reserves the right to cancel and/or postpone the Contest in its sole discretion without any prior intimation to the Participant(s).
2. To participate in the Contest, all persons interested in participating shall be required to do the following :
   • Log in to the Platform using his/her Facebook account/credentials only and click on the relevant page/tab of the Contest on the Platform or in any other manner or form as may be prescribed /requested on the Platform. For the purpose of participating in this Contest and to be eligible for Grand Prize / Other 400 Prizes (defined below), it is mandatory that the interested Participant(s) have a valid and subsisting Facebook account in his /her own name and must be residing in India during the Period of the Contest. On clicking on the relevant tab page of the Contest, the Participant(s) will be taken to the welcome page, where the Participant(s) will get to know about the Contest and the corresponding rules, regulations, instructions and information on how to participate in the Contest. The Participant(s) then can choose to click on the 'Holi's Hit' button and participate in the Contest.
   • On clicking the 'Holi's Hit' button above, the Participant(s) shall be required to submit full/ correct/ accurate details, including their name, email id, the name of their city where they reside, contact number(s), etc. ("Personal Information") as requested on the Platform in a manner and form, as requested and /or prescribed on the welcome page of the Platform.
   • The game will comprise of selecting friends and playing Holi with them virtually. The Holi tools and options will be provided on the game screen. The user will then have to select the friends they want to share this with. A user can leave the game once they've shared it with their friends and have invited them to play the game.
   • Participant will score a point every time one of his referred friends accesses the app for the first time. The total score shall be the cumulative tally for all the points during the Period ("Score").
   • The user which completes the game with maximum points will be our winner and his/her name will be shown in the list of winners.
   • For the avoidance of doubt, if the Participant(s) invites a friend who has already accessed the app, he / she will not be rewarded any points for it.
   • In case of a tie, the first user to share their virtual Holi celebration with their friends will be the winner.
3. At the end of the Period, Berger India will declare a single winner based on whichever participant scores the maximum points. The Grand Prize Winner shall be entitled to a voucher worth Rs. 10,000/- ("Grand Prize") and the first 400 participants will be ensured a prize.
4. The Grand Prize Winner and the first 400 participants who are ensured a prize shall be announced on Berger India's Facebook page as well as on the microsite, based on Berger India's discretion. The Grand Prize Winner and the first 400 participants who have won a prize shall be contacted on his/her phone number provided by him/her on the registration page of the microsite.
5. Participation in the Contest after the Period and/or Answers sent after the Period will not be considered for the Contest and shall be deemed null and void.
6. The Grand Prize and the other 400 prizes shall be sent to the address shared by the Participants in his/her reverts to the calls made on the number shared by them on the registration page of the microsite. The Participant(s) agrees and confirms that Berger India shall not be responsible and/or liable for any inaccuracy/ falsity/ deficiency in the address supplied by the Grand Prize Winner and the remaining 400 winners, as the case may be, and that it is the sole responsibility of the Grand Prize Winner and the remaining 400 winners to supply correct/ complete/ accurate address details in the revert to the Intimation Email.
7. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest including selection of the Grand Prize Winner & Other 400 winners and/or the selection process to qualify for the Contest, the decision of Berger India shall be final and binding.
8. The Grand Prize Winner and the remaining 400 winners agrees and undertakes that they shall not at any time be entitled to dispute and/or challenge the contents/ adequacy/ sufficiency of the Grand Prize and the remaining 400 prizes, as the case may be, and the same shall be subject to the sole discretion of Berger India.
9. To the extent permissible under applicable laws, no dispute of any nature whatsoever, with regard to the selection procedure of the Grand Prize Winner & Other 400 winners, criteria of selection, any aspect of the Contest shall be raised by the Participant(s) and/or any family member(s) of the Participant(s) at any point of time during and after the Contest.
10. The Participant(s) agree and confirm that all rights, title, and interest in and to the Program, the Contest, the Questions, the Answers, and/or the Scores, are the sole and exclusive property of Berger India and are owned by Berger India throughout the world and in perpetuity. The Participant(s) further agrees and confirms that the Participant(s) shall not at any time be entitled to any rights, title and/or interest to the Program, the Contest, the Questions, the Answers and/or the Scores, and shall not at any time challenge Berger India's ownership of the same in any part of the world.
11. The Participant(s) / Grand Prize Winner & Other 400 winners shall not in any circumstances make any claims against Berger India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ /Grand Prize Winner & Other 400 winners' participation or non-participation in the Contest or any related activity. If the Participant(s)/ Grand Prize Winner / Other 400 winners are found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Score and/or Entries will be disqualified.
12. The Participant(s)/ Grand Prize Winner / Other 400 winners shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of contest that is hosted on the microsite.
13. By entering the Contest, each Participant(s)/ Grand Prize Winner / Other 400 winners acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Grand Prize / remaining 400 prizes awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any). Notwithstanding the foregoing, under no circumstances will Berger India and/or Berger India entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
14. Berger India and/or the Channel reserves the right to disqualify any Participant(s)/ Grand Prize Winner(s) / Other 400 winners from participating in the Contest, in the event of Participant(s)/ Grand Prize Winner / Other 400 winners being in breach of any Terms and Conditions set out herein. Berger India and/or the Channel reserves the absolute right and discretion to reject any "Answer(s)" or any part thereof at any stage of the Contest, including after declaring the Grand Prize Winner / Other 400 winners, if Berger India and/or the Channel:
    
    • receives any notice or complaint relating to the Answer(s) not being compliant to the Terms and Conditions including alleged to be infringing any form of rights, title, interest, including rights in any form of intellectual property of any third party;
    • determines at its sole discretion that the Answer(s) inter alia, belongs to another person and to which the user does not have any right to; is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
      
      The decision of Berger India and/or the Channel in this regard shall be final and binding upon the Participant(s)/ Grand Prize Winner / Other 400 winners.
15. Neither Berger India/Channel nor its employees have given a guarantee regarding the quality of the the Grand Prize / Other 400 Prizes, and the Grand Prize Winner / Other 400 winners agrees not to hold Berger India and/or the Channel and its employees, responsible with regards thereof.
16. By participating in the Contest, it is construed that the Participant(s)/Grand Prize Winner / Other 400 winners has read and understood these Terms and Conditions including these principle rules and the General Rules stated below and is unconditionally bound and agree to abide by the terms of use and privacy rules of Berger India.
17. Berger India shall not be responsible in the event Answer(s) are not received due to any technical error of any nature, breakdown of machinery, unclear network, disruption in the network, technical disruption and/or connection failure and/or electricity failure whatsoever and/or failure and/or any other difficulties of such nature due to which the Participant(s) is unable to participate or post his/her Answer(s) on the Platform in the Contest. For purposes of these Terms and Conditions, "receipt" of an Answer(s) occurs when the website server records the Answer(s) information upon the entrant clicking "Submit" button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Answer(s), the Participant(s) is representing that the Answer(s) or contents thereof are not confidential or comprise any sensitive personal information. Any dispute in connection to the above shall be settled between the subscribers/Participant(s)/Grand Prize Winner / Other 400 winners and the telecom/mobile operator directly, without involving Berger India.
18. The Participant(s) further represents and warrants that the Answer(s) being submitted by him/her shall be original and shall not infringe upon and/or contain any material which will infringe upon any third party rights including rights in intellectual property.

General Rules

1. The Participant(s) must be above the age of eighteen (18) years, must be a citizen of India and must be residing within the territorial limits of India during the Period of the Contest. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
2. Proof of age, if requested, of the Participant(s)/ Grand Prize Winner / Other 400 winners, must be submitted to Berger India (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by Berger India to confirm the eligibility of the Participant(s) as may be required by Berger India to confirm the eligibility of the Participant(s).
3. Participant(s) shall provide such information as may be required by Berger India from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. Berger India also reserves the right to disqualify a Participant(s)/ Grand Prize Winner / Other 400 winners in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time during the Period of the Contest and such decision shall be final and binding on the Participant(s)/ Grand Prize Winner / Other 400 winners.
4. Berger India reserves the right to disqualify any Participant(s)/ Grand Prize Winner / Other 400 winners from participating in the Contest if his/her conduct is found not be in concurrence with the Terms and Conditions set out herein or as may be revised by Berger India from time to time. The decision of Berger India in this regard shall be final and binding upon the Participant(s)/ Grand Prize Winner / Other 400 winners.
5. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by Berger India in relation to the Contest.
6. The Grand Prize Winner / Other 400 winners represents and undertakes to execute and produce such further documents as may be required by Berger India in relation to availing the Grand Prize / Other 400 Prizes herein.
7. The Grand Prize Winner / Other 400 winners shall be contacted (via Intimation Email) directly through a private message on the email id through the Personal Information provided by him/her at the time of registration. Only the Grand Prize Winner / Other 400 winners will be notified by Berger India by way of a private message through the email id provided by him/her at the time of registration. The Grand Prize Winner / Other 400 winners shall furnish his/her information including postal address, telephone/mobile number as sought by Berger India through such private message. If the Grand Prize Winner / Other 400 winners fails to revert within twenty four (24) hours of the Intimation Email, the Grand Prize / Other 400 Prizes may automatically be transferred to the next Participant(s) with the eligible Score and/or Entry and the lowest Time. In the event the telephone/mobile number is engaged, or lines on the route are busy, or it is ringing but there is no answer, Berger India shall make a maximum of two (2) attempts (maximum one attempt per day for two consecutive days). In case any Grand Prize Winner / Other 400 winners is unavailable on both the attempts, the selection of that Grand Prize Winner / Other 400 winners shall be invalidated and Berger India shall automatically transfer the Grand Prize / Other 400 Prizes to the next Participant(s) with the eligible Score and/or Entry and the lowest Time, and select another Grand Prize Winner / Other 400 winners. For the avoidance of doubt such choice of Grand Prize Winner by Berger India shall be final and binding. Berger India shall not be responsible if the Grand Prize Winner / Other 400 winners is not available at the telephone numbers, provided by them and as a result of which, the Grand Prize Winner / Other 400 winners loses his/her chance to the Grand Prize / Other 400 Prizes and such decision shall be final and binding
8. Berger India shall not be responsible or liable for any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which the Grand Prize Winner / Other 400 winners is un-reachable via email (for e.g. if the email is transferred into a SPAM folder) or any technical disruption and/or connection or electricity failure/ and/ or any other difficulties of such nature, due to which Berger India is unable to intimate the Grand Prize Winner / Other 400 winners.
9. Berger India shall courier the Grand Prize / Other 400 Prizes to the Grand Prize Winner / Other 400 winners at the addresses (in India only) as provided by them in reply to the Intimation Email sent to Grand Prize Winner / Other 400 winners declaring them the winner. Berger India will not be liable for any loss or damage to the Grand Prize / Other 400 Prizes after dispatching the Grand Prize / Other 400 Prizes, for example if any loss/damage etc. is caused /incurred during transit.
10. The Grand Prize Winner / Other 400 winners agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Grand Prize / Other 400 Prizes or the Program which is disclosed to the Grand Prize Winner / Other 400 winners and which is not available to public in general, to any person or media etc. without the consent of Berger India. In case the Grand Prize Winner / Other 400 winners breaches this condition, he/she shall be liable to be disqualified/rejected and shall not be eligible for the Grand Prize / Other 400 Prizes.
11. The Grand Prize Winner / Other 400 winners further undertakes to maintain decorum and not indulge in any misdemeanor and/or substance abuse which shall cause any trouble to Berger India during the Grand Prize Winner / Other 400 winners availing the Grand Prize / Other 400 Prizes in relation to the Contest.
12. The Grand Prize / Other 400 Prizes cannot be transferred, negotiated, refunded or exchanged for money etc. For the sake of clarity, there shall be no other gratification. It is clarified that Berger India is not obliged to and/or it is not necessary that the act of collection of the Grand Prize / Other 400 Prizes will be recorded by Berger India or will be incorporated in any audio visual program.
13. Berger India reserves the right to withdraw/ cancel the Grand Prize / Other 400 Prizes in the event it is found by Berger India or Berger India has a reason to believe that any information provided including personal information by the Grand Prize Winner / Other 400 winners is wrong, fraudulent or any misrepresentation is made by the Grand Prize Winner / Other 400 winners. Berger India shall have the right to declare another Participant(s) with eligible Score and/or Entry and the next lowest Time as the Grand Prize Winner / Other 400 winners of the Contest, in its sole discretion and transfer the Grand Prize / Other 400 Prizes to that person.
14. By participating in the Contest, it shall be construed that the Participant(s) and/or the Grand Prize Winner / Other 400 winners has waived his/her right to raise any dispute with regard to the Contest and /or the Grand Prize / Other 400 Prizes, in any manner whatsoever to the extent permissible under law.
15. All and any incidental costs direct and/or indirect, in relation to the Grand Prize / Other 400 Prizes, shall be borne by the Grand Prize Winner / Other 400 winners and in no manner whatsoever shall Berger India, be responsible or liable for the same in any manner whatsoever.
16. In case of any network failure and /or technical failure in accessing the Platform and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, Berger India reserves the right to at its sole discretion to cease from accepting Answer(s) from the Participant(s), in any manner it may deem fit and necessary. In addition Berger India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption in the internet /network services /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of Berger India and the Participant(s) shall hold harmless Berger India, the Channel and its employees, officers or any other person in relation to the Contest with respect to the same.
17. Participant(s)/ /Grand Prize Winner / Other 400 winners shall not in any circumstances make any claims against Berger India, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Contest. If the Participant(s)/ Grand Prize Winner / Other 400 winners are found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Score(s)/Entry(s) will be disqualified.
18. Each Participant(s)/ Grand Prize Winner / Other 400 winners in consideration of being given opportunity to participate in the Contest, agrees that the Participant(s)/ Grand Prize Winner / Other 400 winners shall hold harmless and indemnify the main sponsor, if any, the Channel, Berger India, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s)/ Grand Prize Winner / Other 400 winners, in any manner whatsoever in connection with the Contest and/or the Grand Prize / Other 400 Prizes won and/or participation and/or availing the Grand Prize / Other 400 Prizes and/or any material submitted forming part of the Answer(s) and /or the Contest and/or any personal information submitted by the Participant(s)/ Grand Prize Winner / Other 400 winners and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any microsites, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
19. Each Participant(s)/ Grand Prize Winner / Other 400 winners hereby acknowledges and agrees that the relationship between the Participant(s)/ Grand Prize Winner / Other 400 winners and Berger India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
20. The Participant(s)/ Grand Prize Winner / Other 400 winners acknowledges and agrees that in case the performance of this Contest and/or availing/granting the Grand Prize / Other 400 Prizes cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of fifteen(15) days, then Berger India shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding on the Participant(s)/ Grand Prize Winner / Other 400 winners.
21. Participant(s)/ Grand Prize Winner / Other 400 winners acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
22. Participant(s)/ Grand Prize Winner / Other 400 winners acknowledges that Participant(s)'s/ 's/Grand Prize Winner / Other 400 winners' representations, warranties, indemnities, grant of rights in the Answer(s) including the Score(s) and/or the Entry(s), footage of Promotional Material and /or Contest, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
23. The Participant(s)/ Grand Prize Winner / Other 400 winners shall comply with the laws of India.
24. The Grand Prize Winner / Other 400 winners shall be solely responsible to avail the Grand Prize / Other 400 Prizes.
25. The Grand Prize Winner / Other 400 winners agrees that he/she shall not hold Berger India and/or Channel and/or their employees, responsible for delays or any problem whatsoever in connection to the Grand Prize / Other 400 Prizes.
26. Employees of and/or consultants of and/or persons hired on contract by Berger India, the Channel, the sponsor and the members of their immediate family are ineligible for participating in the Contest.
27. The Grand Prize Winner / Other 400 winners of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with the Channel and/or Berger India and participate in any activity and/or campaign, if any ("Promotional Activity") of any nature whatsoever without any money payable to the Grand Prize Winner / Other 400 winners. Further, the Grand Prize Winner / Other 400 winners shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Grand Prize Winner / Other 400 winners agrees, allows, grants and permits Berger India to record and/or make footage of such Promotional Activity as specified herein on film, tape, or digital or other electronic media. In consideration of an opportunity being afforded to participate in the Contest and the Grand Prize / Other 400 Prizes, the Grand Prize Winner / Other 400 winners agrees that the footage of any nature with regard to the Grand Prize Winner / Other 400 winners shall vest with Berger India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and Berger India may exploit the same in any manner and in any media whatsoever at any time throughout the world.
28. The Participant(s)/ Grand Prize Winner / Other 400 winners shall not do any act either directly or indirectly during such Promotional Activity which may bring Berger India into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/ Grand Prize Winner / Other 400 winners shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Program.
29. All and any incidental costs direct and/or indirect, in relation to the Grand Prize / Other 400 Prizes, shall be borne by the Grand Prize Winner / Other 400 winners alone.
30. The Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the Grand Prize / Other 400 Prizes shall be referred to a sole arbitrator appointed by Berger India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Kolkata, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/ Grand Prize Winner / Other 400 winners who has raised the dispute.
31. Subject to the provision of 30 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief's under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Kolkata, India.
32. The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and participant completely releases Facebook from any obligation in respect of the participation to this contest. Participant acknowledges that by participating in the Contest, it is providing information to Berger India and not to Facebook.

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