Day 1 (25th April)Terms and Conditions
-
Introduction
- The Contest is an optional Contest conceptualized, organized and hosted by MakeMyTrip Private Limited (hereinafter referred to as “MakeMyTrip” or “Organizer”) for eligible users.
- This document is an electronic record in terms of the Information Technology Act, 2000 and Rules there under (as applicable). This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The following terms and conditions shall be applicable to all the users participating in the contest known as “Kya Tumhe Pata Hai” (hereinafter referred to as the “Contest”) during the Contest period as described herein.
- Please read the following terms and conditions carefully before participating in the Campaign. By participating in the Campaign, you agree to be legally bound by these terms and conditions in its entirety (hereinafter referred to as the “Terms and Conditions”). If any user does not agree to any of the Terms and Conditions, such user is advised to not participate in the Campaign.
- MakeMyTrip Private Limited reserves the right to modify these Terms and Conditions at any time, without issuing any notice whatsoever.
- If MakeMyTrip Private Limited modifies these Terms and Conditions, the latest revised version of the Terms and Conditions shall be effective and binding on the users from the time of its posting on the website of MakeMyTrip Private Limited. The users are therefore advised to check the website regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended Terms and Conditions are not acceptable to the users, the users should discontinue participating in the Contest. The user’s continued participation in the Contest will constitute the user’s acceptance of the latest revised Terms and Conditions.
- For the purposes of these Terms and Conditions, wherever the context so requires “you” or “your” shall mean any natural person who being an eligible user has participated in the campaign.
- Further, by participating in this Contest:
- The user warrants the accuracy, truthfulness and currency of all information that may have been submitted by the user while participating in the Contest; or
- The user agrees that he or she is participating in this Contest as an independent party and nothing herein establishes an employer-employee relationship between the user and MakeMyTrip Private Limited and the user is acting voluntarily, using its own time and resources to participate in the Contest, solely at the user’s own risk; and
- The user warrants that prior to participating in the Contest, it shall be deemed that the user has read, understood and has agreed to be bound by the Terms and Conditions herein.
- MakeMyTrip Private Limited reserves the right, at any time, to unconditionally disqualify any user who tampers with or who in any way abuses the process or Terms and Conditions of the Contest. Failure of MakeMyTrip Private Limited to enforce any of the provisions of the Terms and Conditions in any instance of the Contest shall not be deemed to be a waiver of the Terms and Conditions and shall not give rise to any claim by any person or user. The users understand that the MakeMyTrip Private Limited may disqualify, suspend, block or terminate the participation of any users at any stages of the Contest where it is found that (i) participation of the user is not bona fide; (ii) the user has breached these Terms and Conditions. The decision of MakeMyTrip Private Limited shall at all times be binding and final.
-
Contest Period
- This is a limited period Contest for eligible users of MakeMyTrip Private Limited, available from 25.04.2024 (1830hrs) until 29.04.2024, (1830hrs) (hereinafter referred to as the “Contest Period”).
- MakeMyTrip Private Limited reserves the right to extend or shorten the Contest Period.
- Eligibility Criteria
- User has to be eighteen (18) years of age or above to participate in the Campaign; or
- User has to be a resident of India; and or
- Users who participate in the Contest and are chosen as winners of the Contest to be registered with the MakeMyTrip Private Limited mobile application and/or website. Non-registered users will not be eligible to participate and redeem the award/prizes offered in the Contest.
- Contest Flow
- To participate in the Contest, a user needs to visit the official Goibibo Instagram handle, spot the contest post and participate in the Contest as per the steps or guidelines provided therein.
- MakeMyTrip Private Limited has complete discretion to choose and select the winners of the Contest at their own discretion and the users cannot challenge or dispute the criteria or process of selection of winners at any stage of the Contest.
- The contest will be held from 25th- 29th April 2024. Results will be declared on 30th April 2024. The winners of the Contest can see their names on our App from 30th April 2024 to 10th May 2024.
- Top 10 users who answer all questions correctly in shortest duration will be the winners of the day (Day beginning starting at 1900 hrs everyday). Goibibo will be the sole decision maker in case of any tie-breakers. The respective winners of the Contest shall be given goCash worth INR 1,000/- within 7 days of result declaration and the goCash will be valid for 60 days.
- Disclaimers
- You agree that this Contest is being made purely on a “best endeavour” basis and subject to acceptance of these Terms and Conditions. Your participation in the Contest is voluntary and you expressly agree to participate at your sole risk. MakeMyTrip Private Limited shall not be responsible for any loss, injury or any other liability to any user arising due to participation in the Campaign. Entry into this Contest is free of charge.
- To the extent you choose to participate in this Contest, you do so at your own initiative and You shall remain responsible for compliance with the Terms and Conditions herein, any applicable laws, including but not limited to applicable local laws. You agree not to hold MakeMyTrip Private Limited, its officers, directors, employees, affiliates, and agents or representatives liable for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by you or the winner or any participant or third party, in connection with the Contest or arising otherwise.
- Subject to any applicable law (a) all warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed by MakeMyTrip Private Limited including, but not limited to, meeting of the participant’s requirements or aspirations, timeliness, security, any delay or failure in time recorded or taken for answering a question or query, due to technical snags including network problems or system errors on social media platforms, the results or reliability of the Contest, the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Contest or any transactions effected through the Contest; (b) no advice or information whether by representations, oral, written or pictorial derived from the MakeMyTrip Private Limited’s website or through the Contest shall be construed to mean the giving of any warranty of any kind by MakeMyTrip Private Limited.
- MakeMyTrip Private Limited shall not be responsible for any claims arising out of technical failures before, during or after the completion of the Contest including but not limited to any technical failures, or any delay or failure in sending direct messages pertaining to awarding go-cash to the winners, any action that has been initiated, actioned or completed through the user’s mobile phone, failure of servers or the failure to provide the correct Contest result updates or any mistakes arising out of technical snags. MakeMyTrip Private Limited shall not be responsible for any claims arising out of any failure(s) which is beyond the reasonable control of the MakeMyTrip Private Limited.
- The user shall indemnify and keep indemnified MakeMyTrip Private Limited and their officers, directors, employees, and affiliates harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which MakeMyTrip Private Limited may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the user under the Terms and Conditions, any failure of the user participating in the Contest to comply with applicable law, any infringement of intellectual property rights of MakeMyTrip Private Limited and any third party claim in respect of misuse of any information of a third party. MakeMyTrip Private Limited shall have the right to defend themselves, pursuant to this Clause, at the cost of the user.
- MakeMyTrip Private Limited nor any of their group entities or affiliates, their respective directors, officers, employees, vendors, representatives, shall not be liable for any action, claim, demands, losses, cost, charges, expenses or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life) or incurred or claim to suffer, by a user and/or any third party, directly or indirectly, by use or non-use of the go-cash amount credited by MakeMyTrip Private Limited or on account of their participation in this Contest.
- Any attempt by a user to deliberately undermine the legitimate operation of the Contest shall be deemed to be a violation of applicable laws and should such an attempt be made, the MakeMyTrip Private Limited reserves the right to seek damages from any such user to the fullest extent permitted by law.
- MakeMyTrip Private Limited does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the users participating in the Contest.
- MakeMyTrip Private Limited and their officials including their directors, officers, partners, employees, consultants and representatives are under no obligation to render any advice of service to any user in respect of the Contest and shall not be held liable or responsible for the services to be provided by the domestic hotels or flight carriers or any other service provider (“Service Providers”), in lieu of the Contest.
- You agree that MakeMyTrip Private Limited has no responsibility and liability with regard to the privacy, safety and security of any information (including personal information) that you may have to share with third parties.
- The Contest may contain factual references to the names of certain companies, products and individuals. MakeMyTrip Private Limited makes no representation of having a business relationship or tie up with any such companies, products or individuals. All trade names shall continue to remain owned by their respective owners.
- MakeMyTrip Private Limited may assign any or all of their rights under these Terms and Conditions to their affiliates or to any third parties without obtaining consent of the users.
- This Contest is subject to force majeure circumstances including without limitation, floods, natural disasters, interruptions due to rainfall, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of MakeMyTrip Private Limited (“Force Majeure Event”). MakeMyTrip Private Limited shall not be liable for any delay or adverse effect caused to users as a result of a Force Majeure Event. MakeMyTrip Private Limited shall intimate the suspension of the Contest caused as a result of such Force Majeure Event to the users.
- MakeMyTrip Private Limited shall not be liable for any indirect, punitive, special, incidental or consequential damages arising out of, or in connection user’s participation in the Contest.
- Disputes between the users and MakeMyTrip Private Limited, if any, arising out of or in connection with the Contest, shall be subject to the exclusive jurisdiction of the competent courts at New Delhi.
- All other terms and conditions as listed in the User Agreement, Terms of Service and the Privacy Policy available on MakeMyTrip Private Limited’s platforms shall apply pari passu to these Terms and Conditions.