Terms and Conditions
Tata Sky subscribers participating in the Sabse Sasta Bid (auction) shall be bound by the following terms and conditions:
Definitions
- “Active account status” means a positive account balance in your Subscriber Account.
- “Auction Period ” means the period of the auction starting at 23:59 hrs on 18th May 2012 to 23:59 hrs on 19th May 2012
- “Valid entry” means a code sent via sms by You in the correct prescribed Bid format.
- The Lowest Unique Bid shall mean a bid higher than a paisa but the lowest standalone bid amongst all other bids.
- Memorabilia: The memorabilia is what you win provided you are the lowest unique bidder at the end of the auction. The memorabilia for this auction is a personally signed jersey by Yuvraj Singh.
- “The Lowest Unique Bidder” is the person at the end of the auction whose bid is the lowest and unique.
Terms used herein but not defined shall have the same meaning as assigned to them in the Subscription Contract signed between You and Tata Sky.
Eligibility
- The auction is open ONLY to Tata Sky subscribers with an Active account status both at the time of participation and selection of the lowest unique bidder.
- The following persons cannot participate in this auction:
- Employees and relatives of:
(a) Tata Sky & UCPL
(b) Auction Partner & its Affiliates
(c) Tata Sky business associates including its dealers and advertising agencies and
- Anyone else who may be involved with the Auction.
- Tata Sky reserves the right, at any time, to verify eligibility requirements, in any manner deemed appropriate. Only a Valid entry will be eligible for the lowest unique bidder selection process.
- You must (i) be a resident of India (ii) be above 18 years of age and (iii) have a valid PAN card to participate in the Auction.
Selection of the Winning Tata Sky subscriber
- To participate in the Auction, you must send a bid to Tata Sky as per the Bid format & code on your TV screen. You must sms this code to 56633 Regular Telecom rates apply for every SMS that you send for the Tata Sky Auction i.e. Tata Sky will not charge you premium rates for any SMS that you sent. You will need to check with your telecom operator for regular SMS rates that are applicable to you
- The lowest unique bidder shall be the subscriber whose bid is lowest & unique when the bid period ends. For example: if subscriber no. 1 sends us a bid of Rs.2/-, subscriber no. 2 sends us a bid of Rs.1/- and subscriber no. 3 and 4 each send us a bid of 50 paisa, then the subscriber no. 2's bid will be chosen and it shall be the unique lowest bid.
- There will be only one lowest unique bidder of this Auction.
- The results generated shall not be open to challenge as the decision of Tata Sky shall be final and binding.
Bid format
- The bids must be sent as per format below:
RA<space><CODE 1 flashing on your TV screen><space><CODE 2: rupees value upto two decimal points>
- In case the bid value is in more than 2 decimal points the bid value will be considered after truncating the value at 2 decimal points
Details of Memorabilia:
- The memorabilia for the Auction shall be – Yuvraj Singh’s Signed Jersey.
- The memorabilia is not exchangeable for cash or any other offer
- The lowest unique bidder shall be contacted via phone by UCPL on the registered phone number available in the Tata Sky records.
- You will need to pay UCPL the bid amount along with necessary taxes and logistics involved in delivering the memorabilia to you.
- Tata Sky may also send a letter to the lowest unique bidder at the address as per Tata Sky records requesting for a list of documents & cheque/ draft to be presented by the lowest unique bidder to claim the memorabilia. Non-submission of necessary documents shall lead to disqualification of the lowest unique bidder and an alternative lowest unique bidder may be chosen thereafter.
- If UCPL is not able to contact the lowest unique bidder on the registered phone number or the address as per Tata Sky records by midnight seven days after the first attempted notification, UCPL reserves the right to select an alternative lowest unique bidder and the original lowest unique bidder's entitlement to the memorabilia will lapse.
- The Tata Sky Auction will entitle you to receive memorabilia on display, at the start of the Auction for the day, together with a certificate of authenticity (provided by UCPL ) of the Memorabilia displayed in the Auction for the day and to which you have participated. This certificate will authenticate the source of the Memorabilia and will also authenticate that the signature on the Memorabilia belongs to Yuvraj Singh himself. Tata Sky will not be responsible in any manner to verify or confirm the authenticity of the certificate provided by UCPL
- UCPL shall be responsible for the delivery of the Memorabilia. Tata Sky shall not be liable and or responsible for any delay in delivery or any other issues relating to the memorabilia that you have successfully bid for.
- Tata Sky is not responsible for any taxes or duties levied on you to claim the Memorabilia either during payment or during the logistic process to transfer the Memorabilia from UCPL to your residential address and this tax might include octroi or any other shipping cost levied on you.
- While Tata Sky believes in good faith that Memorabilia is authentic, t does not endorse the Memorabilia nor can it be held liable or responsible in any manner whatsoever for the quality or the authenticity of the Memorabilia . Any grievance You have about the Memorabilia including its authenticity shall be addressed to UCPL. Tata Sky shall in no manner be held liable and or responsible on this account.
General
- You may send as many entries as you wish.
- Participation fees of Rs 25 shall be debited to your Tata Sky subscriber account for each entry.
- You must sms your entry to 56633.
- SMS entries for the Auction sent after the closure of the auction will not be considered.
- Any participant who manipulates the Auction in any manner whatsoever shall be liable for disqualification at the sole discretion of Tata Sky. In such event Tata Sky shall not be liable to consider even a Valid entry sent by the subscriber thereafter.
- The payment for the memorabilia shall be subject to and net of deduction of applicable withholding taxes on the winnings, as per Indian Income Tax Laws.
- The lowest unique bidder will be required to present a Cheque or DD in favour of UCPL. towards the applicable withholding tax. UCPL shall inform the tax amount to be paid by the lowest unique bidder.
- Delivery of the memorabilia shall be subject to realization of the tax cheque and PAN proof of the lowest unique bidder.
- The lowest unique bidders will be responsible for any other relevant taxes arising from the receipt of the memorabilia. You agree to indemnify Tata Sky against any claims incurred by Tata Sky on account of failure on your part to discharge your tax liabilities on the memorabilia.
- Tata Sky reserves the right at anytime, without prior notice, to add or vary all or any of these terms and conditions or to replace, wholly or in part this Auction or to withdraw it completely.
- Tata Sky will have the right to use the image of the lowest unique bidder in any promotional material. By entering the Auction, You agree that in the event you are selected as the lowest unique bidder, You shall participate in any promotional activity(ies) and/or have Your name and likeness featured in any promotional material as Tata Sky may require.
- Tata Sky will not be liable for any loss, damage or cancellation of this Auction caused by events beyond its reasonable control including war, natural calamities, floods, failure of telecommunication network, etc.
- You Auction to comply with these terms and conditions and waive any right to claim ambiguity in these terms and conditions and release, indemnify and hold harmless Tata Sky and its respective affiliates, advertising and promotion agencies, and its respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from participation in the Auction including but not limited to any misuse of the memorabilia by the lowest unique bidder.
- You acknowledge and agree that all disputes in relation to the Auction shall be subject to Mumbai jurisdiction.
- Tata Sky is not responsible for printing or typographical errors in any Auction related materials; or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for elec2tronic, computer, or telephonic malfunction or error.
- The Auction is void where prohibited or restricted by law, and is subject to all applicable mandatory national, state and local laws.
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