Following terms and conditions (the “Terms and Conditions”) shall apply to the Nokia Mobile ecommerce store Diwali Offer (the ‘’offer”) detailed below. For the purposes of these Terms and Conditions, the term Organizer, when used with reference to a legal entity, shall mean HMD Mobile India Pvt Ltd. (“Organizer/HMD India”)
1. Offer description – Buy a Nokia smartphone and stand a chance to win Nokia Active Bluetooth Headset worth Rs. 3360/- (approx.)
2. Valid on Nokia 3.1 Plus, Nokia 5.1Plus, Nokia 6.1 Plus purchased on www.nokia.com/phones
3. Offer Validity – For devices bought between 1st November 2018 till 7th November 2018. (both days inclusive)
4. The territory & applicability of this offer shall be within the territory of India except the state of Tamil Nadu. This offer is not open for participants from the state of Tamil Nadu in view of the provisions of the, Tamil Nadu prize scheme (prohibition) act, 1979, and in all such states where it is specifically prohibited by law.
5. Organizer can curtail or extend the Offer Period, as it deems necessary.
6. Only Individual Legal residents of India who meet the following eligibility criteria shall only be eligible to participate in the offer 7. Participant must not be an employee of the Organizer or its distributor, TNS Mobile India Private Limited and those belonging to the related retailers and distributors, at the time of the Offer.
8. Participant must not be involved in any part of execution or administration of the Offer.
9. The offer is void outside of India and wherever else prohibited by law.
Terms and Conditions of Diwali offer
10. To be eligible for this offer, the participant/customer should have purchased the aforementioned product only on www.nokia.com/phones
11. Lucky Customer(s) stand a chance to win a Nokia Bluetooth headset worth Rs. 3360.
12. Participating in offer implies that the customer agrees to all Terms & Conditions of the Contest and the products.
13. By participating in this Offer, participant agrees to receive communication(s) from Organizer relating to the Offer and participant unconditionally agrees not to make any claim or raise any complaint against Organizer and/or the event management company in this respect.
14. All winners are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by Organizer and complete compliance with these terms and conditions; Organizer reserves the right to verify the winner's details either on its own or through its authorised agency / person and the winner shall provide all necessary assistance in such verification. In exercising this right, Organizer may ask the winner to provide any documentary or other form of evidence, and if evidence does not establish the same then HMD India, in its sole discretion, will have the right to disqualify the winner.
15. Organizer will not be liable for delay in delivery of prizes due to non-availability of stocks or for any other reason beyond its control.
16. In the event of any conflict or inconsistency regarding any instructions, rules and conditions on any advertising or promotional material relating to the Offer, these Terms and Conditions shall prevail over all such other instructions, rules and conditions.
17. The prize cannot be exchanged with any product or item, is non-transferable and cannot be encashed under any circumstances. Accessories, if any shown with the prize, if any, shall not form part of the prize to be provided to the winner. Organizer shall not be liable for any loss or damage due to Act of God, Governmental actions, other force majeure circumstances and shall not be liable to pay any amount as compensation or otherwise for any such loss.
18. By participating in the Offer, 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 Offer the participant warrants that all information provided by the participant regarding its name, age, state, city, address, phone number, etc., is true, correct, accurate and complete and that the participant is authorised to provide such information and consents to the use of such information by HMD India.
19. Organizer reserves the absolute right to amend the terms and conditions of the Offer or extend the Offer Period or cancel or discontinue the Offer or any part thereof without giving any reasons or prior notice. Organizer reserves the right to substitute the prizes under this Offer with prizes of equivalent value, at its sole discretion. Offer shall be void, if prohibited by law. In such case, Organizer shall not be liable to provide any gift(s)/ prize(s) or compensation to the winner on any account. Model , type , variant, colour etc will be at the sole discretion of the Organizer.
20. Offer shall be void in any state where prohibited by law. In such case, Organizer shall not be liable to provide any free cash-back, gift(s) or compensation to the participant on any account.
21. Failure by the Organizer to enforce any of its right at any stage does not constitute a waiver of those rights.
22. By entering the Offer, the participant agrees that Organizer shall not be liable for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Offer or with the acceptance, possession, or use of any prize (except any liability which may not be excluded under applicable law).
23. All other costs, taxes if any, including insurance and incidental costs that may be levied or incurred on the Prize(s) shall be fully borne by the Winner.
24. Subject to any applicable law: (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed by Organizer including, but not limited to, meeting of the Participant's requirements or aspirations, timeliness, security, the results or reliability of any competition, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, prizes or awards acquired or obtained through the competition or any transactions effected through the competition; (b) The Participant expressly agrees that his/her participation in the competition offered by Organizer is at the Participant's sole risk and is governed by the Terms and Conditions herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the website or through the competition shall be construed to mean the giving of any warranty of any kind by the Organizer.
25. The Participant undertakes to indemnify and keep the Organizer harmless and indemnified against any loss, damage, claims, costs and expenses which may be incurred or suffered by the Organizer due to breach of any Terms and Conditions contained herein by the Participant and/or infringement or violation of any patent, copyright, trademark, trade secret or other proprietary right of a third party by the Participant and, or, arising from participation in the Offer.
26. Decision of Organizer in relation to the Offer and matter incidental thereto shall be final and binding on the customer. Any and all disputes, controversies and conflicts ("Disputes") arising out of the Offer shall be referred to a sole Arbitrator to be appointed by the director of Organizer in accordance with the Arbitration and the Conciliation Act, 1996 amended up to date. The place of arbitration shall be New Delhi and the language used in arbitral proceeding shall be English. Subject to the dispute resolution procedure as set out here in above, the courts at New Delhi shall have the exclusive jurisdiction in respect of all the subject matter with relation to the Offer.
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