Legal Car Bike Apr 23 06042023

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Campaign Name: – car&bike Jackpot (April 2023)

1. Offer 1: The user (hereinafter “You” or “Participant”), on redeeming 1000 Cashback Points through
Paytm platform for this specific deal only, will get a voucher code to reserve a car for free.

a. Detailed terms & conditions of Offer 1.

1. Participants on using the above voucher code will be eligible for a package of free home
inspection & a reservation of any car, (worth Rs.999), for free on the car&bike platform at
https://carandbikeawards.com/?utm_source=paytm&utm_medium=cnbawards&utm_campaig
n=jackpotoffer.
2. The car&bike platform is owned and operated by Fifth Gear Ventures Limited.
3. Fifth Gear Ventures Limited reserves the right to modify, suspend or terminate the Offer 1 at
any time without prior notice.
4. Fifth Gear Ventures Limited reserves the right to disqualify any Participant who violates the
terms & conditions or engages in any fraudulent or illegal activity.
5. By participating in the Offer 1, the Participant agrees to the above terms & conditions and the
privacy policy listed on car&bike platform.
6. For any queries pertaining to the utilization of the voucher code under Offer 1, Participants can
connect with the customer care of car&bike at 9606045096 / contact@carandbike.com.
7. Further, the redemption and utilization of the voucher code will be governed by the terms and
conditions available on the car&bike platform http://carandbike.com/privacy-policy.

b. How to avail the Offer 1:

1. On redeeming the cashback points under Offer 1, the Participant will be redirected at
https://carandbikeawards.com/?utm_source=paytm&utm_medium=cnbawards&utm_campaign
=jackpotoffer
2. The Participant will have to complete the voting for the car&bike awards 2023 on the redirection
page.
3. The Participant will receive a WhatsApp communication on “How to redeem your coupons”.
4. Follow the instructions to claim the discount or benefit. Make sure to read the terms and
conditions before redeeming.
5. Post completion, Participant will have access to the voucher code to avail a package of free
home inspection & a reservation of any car, (worth Rs.999), for free

2. Offer 2(Grand Prize): 1 unique Participant, from the total pool of Participants, who have purchased
the voucher code by redeeming 1000 Cashback Points, through the Paytm platform, mentioned
above and as per the terms and conditions of the Offer 1, will be eligible to receive a Renault Kwid
Car.

a. Detailed terms & conditions of Offer 2.


1. The unique Participant will be notified via email and/or phone call. If the unique Participant
does not respond within 3 days of being intimated by car&bike platform, their selection will
be cancelled.
2. The benefits of buying a car from “car&bike” will be applicable for the Unique Participant as
per the terms and conditions of the car&bike platform.
3. The Unique Participant will pay the applicable taxes before taking possession of the car. The
Unique Participant will be solely responsible for paying any other taxes or charges
associated with owning the car.
4. The Unique Participant will be responsible for arranging and paying for all costs involved in
the transportation of the car from the Store Location to the location of their choice.
5. The car will be handed over to the Unique Participant only after completion of l necessary
documentation required for transfer of ownership.
6. Fifth Gear Ventures Limited reserve the right to disqualify any participant who violates these
terms and conditions or engages in any fraudulent or illegal activity.
7. By participating in the offer, the Participant agrees to these terms and conditions and the
privacy policy of car&bike platform.
8. Fifth Gear Ventures Limited reserve the right to modify, suspend or terminate the offer at any
time without prior notice.

Offer Period: The Validity of Offer 1 and Offer 2 is mentioned in the Paytm App - Cashback
& Offers - Jackpot section/page. Please visit Paytm App - Cashback & Offers - Jackpot
section/page

3. Winner Selection Criteria:

I. All Participants on redeeming 1000 Cashback Points under Offer I, will get a voucher code to
Reserve your car for free. The voucher code will be delivered through the Paytm app.

II. Grand prize: Under Offer 2, 1 unique participant from the total Participants will win a Renault
Renault Kwid.

4. Prize Distribution and Redemption:


.
I. Grand Prize Winners will receive their rewards as per winner declaration date mentioned on
Paytm App - Cashback & Offers - Jackpot section/page. Winners will be notified via email and
SMS.
II. Participants will have to ensure that their correct email ID and mobile number are updated on the
Paytm app to receive the codes. Paytm shall not be responsible for non-receipt of codes due to
incorrect mentioning of the Participants email ID and mobile numbers. Paytm shall not accept any
request for updating of email ID and mobile number.
III. Offer is being made purely on a "best effort" basis and is valid during Offer Period only.
IV. Paytm reserves the right to extend, amend, modify, alter, annul, add or discontinue, withdraw or
cease or suspend (either permanently or temporarily) the Offer or any part thereof including the
eligibility criteria, the T&C at their sole discretion at any time without any prior notice and/ or any
obligation and /or any liability whatsoever. In case of any issues regarding the offers, kindly contact
Paytm Customer Care.
V. These Offers shall not be clubbed/used in conjunction/alongside any prevailing Offer/ promotion(s)
available on Paytm Platform. Further the Offers are non-transferable, non-encashable, non-
refundable.

Part B: Offer Terms & Conditions (“T&C”)

1. These Offers are organized and listed by One97 Communications Ltd. (hereinafter “One97” or
“Paytm”) a Company which owns and operates an online marketplace on the website located at
the URL:‘www.paytm.com’ and Paytm mobile application, Paytm IVR and Paytm WAP (hereinafter
“Paytm Platform”), having its registered office at 136, 1st Floor, Devika Tower, Nehru Place, New
Delhi - 110019 and principal place of business at Plot No H – 10, Tower D, One Skymark, Sector -
98, Noida, Uttar Pradesh, India - 201304. This Offer is sponsored by One97. Additionally, these
offers are not administered by the entities which own and run platforms where the Paytm mobile
application is hosted like the Apple App Store or the Google Play Store.

2. By participating in the Offers, You hereby agree to be legally bound by and abide by these Terms
& Conditions stated herein (hereinafter “T&C”) including but not limited to various Paytm policies
as made available on its website or in any other mode. Participant(s) confirm and acknowledge
that Participant(s) has read, understood and agreed to conform to these T&C. If Participant (s) does
not agree to these T&C, Participants will not be eligible to participate in this offer

3. The Offer is materialized by Paytm and is valid only for the limited period . Paytm reserves the right
to amend, modify, change, add or terminate this Offer or discontinue this Offer without any prior
notice. In case there is any discrepancy or dispute regarding the Offer, the decision by Paytm shall
be final and binding, neither Paytm nor any third party shall have any liability towards any
Participant.

4. Steps to Participate in the Offer: To participate in the Offer the Participant needs to have registered
account on Paytm Platform and needs to further participate in the Offer as mentioned hereinbefore
to become eligible for participation in this Offer and win prize.

5. The winners shall be contacted by Paytm and confirmed basis qualification criteria, verification &
submission of required documents as mentioned further below. The winner declared by Paytm
acknowledges that he/she is subject to verification & confirmation by Paytm.

6. Eligibility for claiming the Prize: To be eligible to claim the Prize/s under the Offer, the winner/
Random Winner must have a valid Paytm Platform KYC verified account. If the user is not Full KYC
user, the winner shall submit documents as per KYC norms subject to verification within 10 days
before claiming the prize.

7. If any person participates in this Offer from multiple Paytm accounts, he /she will be awarded only
one prize and from the Paytm Platform account through which he/she gets themselves registered
to participate in this Offer, the same Paytm Platform account shall be considered and used by
Paytm to gratify the winner(s). The winner shall not be entitled to raise any dispute against the
decision of Paytm in this regard.

8. Any prize to a person/Participant of value in excess of Rs. 9999/- (Rupees Nine Thousand Nine
Hundred Ninety Nine Only) sponsored by Paytm will be subject to deduction of taxes. Paytm shall
in advance deduct TDS amount which is 30% of prize/prize amount as per applicable Income tax
rules. In case the prize is delivered/given to the winner, then the winner shall pay TDS by Demand
Draft (DD) equal to the TDS amount in advance in favor of One97 Communications Limited.

9. The prize must be claimed by the winner(s), along with the documents (if applicable) specified
herein below within the timelines cited in the Offer. The documents required to be submitted along
with the claim by the winner(s) include the following (the document list* is only inclusive and not
exhaustive and can change as per the requirements of law):

a. Address proof (Voter ID / Driving License / Passport/ electricity bill not older than 3 months
/Telephone bill not older than 3 months etc.),

b. Photo Id proof (Passport/Voter ID/Driving License etc. mandatory),

c. One passport size photo (compulsory),

d. Postpaid bill (for postpaid user) (additional document),

e. PAN card copy self-attested,

f. Letter of compliance with rules and regulations and declarations in the format as may be required
by the Organizers or applicable laws.
*(the document list is only inclusive and not exhaustive and can change as per the requirements of
Law or Organizers). If the winner fails to comply with the herein set requirements, or submit the
documents as mentioned hereinbefore, within 30 days of being notified by Paytm, his/her right to
win the prize shall be forfeited and they will not be entitled to claim the reward on a later date.

10. The prize(s) to the winner(s) shall be given subject to compliance with all applicable statutory
legislations, processes and formalities in connection with the prize(s) and on production of all such
documents/papers as may be required by Paytm before accepting the delivery of the prize. Any
failure on the part of the winner(s) to comply with directions issued by Paytm for claim of prize shall
entitle Paytm to forfeit the prize(s) or roll the prize over to the next eligible winner(s), at their sole
discretion.

11. Any Participant providing any incorrect information or concealing/withholding any information from
Paytm with intent to participate and/or be chosen as the winner(s) of the Offer will automatically be
disqualified from participating in it and being chosen as the winner(s) of the different categories of
prize. Such act of providing incorrect information or concealing/withholding any information,
including without limitation incorrect declaration of information relating to name, age, identity,
address, mobile connection of Operator number, domicile etc., by the Participant or any dispute
with the Paytm, shall entitle Paytm to disqualify him/her without any further intimation. Paytm
reserves its right to take appropriate legal action against any Participant involved in
illegal/unauthorized activity.

12. The participation in the Offer is open only for the Offer Period and only for the Indian citizens of 18
years and above of age. To participate in Offer the Participant needs to have registered account
on Paytm Platform.

13. The residents (permanent/temporary) of any state/union territory within the territory of India where
such Offer is prohibited by applicable law, shall not be entitled to participate in this Offer.

14. By participating in the Offer, Participants gives its consent to the information available on Paytm
platform such as name and etc. to be communicated to Paytm’s vendor as required for publication
in any media, for the purpose of winner’s announcement. Paytm may, at its discretion, choose not
to disclose the identity of the selected winner(s) to other Participants unless expressly mentioned
herein. The Participants also consent to the information being stored in the servers of Paytm or its
service providers.

15. The winner(s) understand and agree that acceptance of the prize by them, constitutes grant of
permission to the facilitators to click photographs of the winner and use the winner’s names,
photograph, preferences (likes and dislikes), voice and comments for advertising and promotional
purposes in any media worldwide, only for the purposes of advertising and trade without any
additional compensation whatsoever to the winners. The Participant/winner hereby provides his/her
irrevocable consent for sharing/submission of his/her personal information to Paytm, and
subsequent use by Paytm of such information for lawful purposes as per its discretion.

16. ALL WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ARE
HEREBY EXPRESSLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, MEETING OF THE
PARTICIPANT'S REQUIREMENTS OR ASPIRATIONS, TIMELINESS, SECURITY, THE
RESULTS OR RELIABILITY OF THE OFFER, DELAY IN SENDING OR RECEIVING THE SMS
FOR PARTICIPATING IN THE OFFER, ANY TYPE OF DELAY BY THE PARTICIPANT/WINNER,
OR THE DELIVERY, QUALITY, QUANTITY, MERCHANTABILITY, FITNESS FOR USE OR NON-
INFRINGEMENT IN RESPECT OF ANY GOODS, SERVICES, BENEFITS OR
PRIZE/GRATIFICATION/AWARDS ACQUIRED OR OBTAINED THROUGH THE OFFER OR ANY
TRANSACTIONS EFFECTED THROUGH THE OFFER. THE PARTICIPANT EXPRESSLY
AGREES THAT HIS/HER PARTICIPATION IN THE OFFER IS AT HIS/HER SOLE RISK AND IS
GOVERNED BY THE T&C HEREIN; AND NO ADVICE OR INFORMATION WHETHER BY
REPRESENTATIONS, ORAL, WRITTEN OR PICTORIAL DERIVED FROM THE PLATFORMS
INCLUDING BUT NOT LIMITED TO WEBSITES/ SMS, SHALL BE CONSTRUED TO MEAN THE
GIVING OF ANY WARRANTY OF ANY KIND.

17. PAYTM NEITHER GUARANTEE OR WARRANTY THE QUALITY OF THE GOODS/SERVICES


BEING OFFERED AS PRIZE NOR IS LIABLE/ RESPONSIBLE FOR ANY DEFECT IN THE
GOODS/SERVICES SO OBTAINED/AVAILED, BY THE WINNER(S) UNDER THIS OFFER.
PAYTM SHALL ALSO NOT BE LIABLE FOR ANY DEFECT IN THE PRIZE SO OFFERED TO
THE WINNER UNDER THIS OFFER. THE WINNER FURTHER UNDERSTANDS THAT THE
GOODS/SERVICES PROVIDED AS PRIZE WILL CARRY ONLY MANUFACTURER’S
WARRANTY (IF APPLICABLE) AND IN CASE OF ANY DEFICIENCY IN THE
GOODS/SERVICES, PARTICIPANT WILL CONTACT THE MANUFACTURER ONLY.

18. The prize(s) under this Offer are neither assignable nor transferable under any circumstance,
unless specifically provided hereunder. All the prizes shall be subject to such other T&C as may be
applicable to specific prize and shall have to be duly complied with by the winner(s).

19. All incidental costs, taxes or levies related to the prize(s), if any, shall be exclusively borne by the
winner(s), including but not limited to logistics, TDS, gift tax (if any), Insurance and any other taxes
applicable by the Central, State or Municipal government. The Participant/s who have won the
prize, where applicable, have to make their own arrangements for travel, accommodation to claim
the prize. Paytm shall not be responsible for the same or any cost of travel and accommodation
incurred by any of them.

20. This T&C is subject to guidelines/ directions issued by any applicable competent authority from
time to time.

21. Paytm reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or
modify this Offer or any part thereof including the eligibility criteria, the T&C and prize at their sole
discretion at any time during its validity as may be required including in view of business exigencies
and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their
control and the same shall be binding on the Participant. Paytm reserves all the rights to offer any
amount/coupon/voucher/any other prize equivalent to the cost of the prize. No queries/complaints
whatsoever in this regard will be entertained.

22. The Participants and winner(s) hereby irrevocably authorize Paytm to use the data/information
gathered during and/or after the Offer in respect of the Participant (including but not limited to name
and photograph) in any of its communications including marketing promotions and advertisements.

23. Paytm shall not be responsible for any claims from any Participant/winner(s) or any third party
arising out of any failure(s) which is beyond the reasonable control of the Paytm. Without limiting
the generality of the foregoing, Paytm shall not be responsible for any claims arising out of technical
failures before, during or after the completion of the Offer including but not limited to any technical
failures in the mobile/computer/laptop/any device connectivity, delay in sending or receiving the
SMS for participating in the Offer, any type of delay, any action that has been initiated, actioned or
completed through his/her mobile phones/electronic device/computer/laptop/tablet, failure of
servers or any type of failures arising out of technical snags or resultant inability of the
Participant(s).
24. By participating in the Offer, the Participant(s) confirms to waive the applicability of rules and
regulations of the National Do Not Call Registry and agrees to receive updates and promotional
messages / SMS / Email / Call for current and future Offers from Paytm.

25. Participants acknowledge and agree that all copyright and trademarks and all other intellectual
property rights in the SMS content, WAP, Mobile application, Website and all material or content
related to the Offer shall remain, at all times, the property of Paytm and shall remain owned by
Paytm and/or their respective owners. All material and content contained is made available for
Participant’s personal and non-commercial use only. Any other use of the material/ content on the
platform and/ or any information disseminated by SMS or any other means of communication is
strictly prohibited.

26. The Participants shall indemnify and keep indemnified Paytm and their officers, directors,
employees, customers, 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 Paytm may incur, pay or become responsible as sponsor/organizer/facilitator as a
result of (i) breach or alleged breach of the representations or obligations by the Participants under
the T&C hereunder; (ii) any failure by the Participants to comply with applicable law and (iii) any
third party claim in respect of misuse of any information of a third party by the Participant. Paytm
shall have the right to defend themselves, pursuant to this clause, at the cost of the Participants.
Paytm or their respective affiliates shall not be responsible for any direct, indirect, incidental,
special, punitive or consequential damages, including loss of profits, incurred by the winner(s) or
any third party, in connection with the Offer.

27. FORCE MAJEURE: This Offer is subject to force majeure circumstances including without
limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God,
change of laws, pandemics, or any circumstance beyond the reasonable control of Paytm (“Force
Majeure Event”). Paytm shall not be liable for any delay or adverse effect caused to this Offer there
under as a result of a Force Majeure Event.

28. Failure by Paytm to enforce any of their rights at any stage does not constitute a waiver of those
rights. Further, Paytm may assign any of its rights within the Offer to any party without prior
intimation to Participants.

29. The winners understand and agree that Paytm, its owners and affiliates, shall not be liable for any
loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be
suffered (including loss of life), to a winner and/or any third party, directly or indirectly, by use or
non-use of the prize.

30. Apart from the entitlement to the prize in the manner provided herein, the winners or their legal
heirs/successors/ representative will have no other rights or claims against Paytm, its
owners/organizers/sponsors and affiliates.

31. Post winner(s) declaration and completion of their announcement and further process as the case
may be, if Paytm finds that the declared winner(s) are erroneous then Paytm reserves the right to
declare the correct winner(s) again and cancel the prize of winner(s) declared earlier and the same
decision of Paytm shall not be challenged by any erroneously selected winners.

32. The Participant’s hereby agree and undertake not to hold the Sponsors/Organizer and/or any of
their group entities or affiliates, their respective directors, officers, employees, responsible for or
liable for, any actions, claims, demands, losses, damages, costs, charges and expenses, either
direct or indirect or remote that they may/might have suffered, sustained or incurred, or claim to
suffer, sustain or incur, by way of and /or on account of this Offer. NOTWITHSTANDING
ANYTHING TO THE CONTRARY, IN CASE OF ANY DISPUTE, MAXIMUM AGGREGATE
LIABILITY OF PAYTM, SHALL NOT EXCEED VALUE OF THE cashback points redeemed by the
Participant under the Offer.

33. Any dispute arising out of this Offer’s T&C shall first be attempted to be resolved amicably through
negotiations.

34. This Offer and T&C are subject to Indian law and the exclusive jurisdiction of the Courts at Delhi.

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