The terms used in these Terms and in Game Descriptions shall have the following meanings:
Operator - the telecom service provider through whose mobile telecommunications network the Participant is utilising the Services;
Prize – a good or service which is given by Service Provider to the Winning Participant shown hereinabove;
Quiz Turn – period of time during which Participant may participate in competition to win current Prize;
Quiz – Skill based Quiz game, based on question answering in which Users may participate upon payment;
Service – service provided by Service Provider, comprising provision of access to Site and access to Quiz game;
Service Provider - ContestKhel INC., with its registered seat at The Mason Complex, The Valley, Anguilla, AI-2640;
Site – Internet website ContestKhel.com used to provide Services;
Participant – User who participates in Quiz Game;
Fees – the fees inclusive of service tax and VAT, which is paid by Participant for registration in Service and a single-use of Service by sending SMS message to the Quiz Number;
Winning Participant – Participant who has won the Quiz according to the rules set hereto;
Weekly winner - Participant who has won the Quiz weekly according tp the rules set hereto.
2.1. These Terms of Quiz Game stipulate the detailed rules for the use by Participants of the Services provided by the ContestKhel INC., with its registered seat at The Mason Complex, The Valley, Anguilla, AI-2640 through the Service comprising Quiz, in which Participants may participate upon payment of the Fees "These Terms of Quiz Game constitute the rules for providing services through electronic means and the agreement between the Service Provider and the User in accordance with the Laws."
2.2. By using the Services, it is deemed that the Participant accepts to comply with these Terms of Quiz Game. User shall not be entitled to receive and use any Service without prior acceptance of these Terms of Quiz Game. If the User does not agree to any part of these Terms, the User may choose not to utilize the Services. However, it is clarified that use of the Services in any manner by the User shall be deemed acceptance of these Terms of Quiz Game by the User.
2.3. User shall not use Services in any illegal purposes.
2.4. In case User is placing any data (e-mail address, mobile number) related to third persons within the Service to, he may do so only if it does not infringe personal rights and these persons.
2.5. Service Provider is entitled to alter or amend the terms and conditions at any time to comply with changes in regulatory requirements or by reason of changes in the terms of business or working practices of third parties with whom Service Provider contracts for the provision of the Services upon giving Participant not less than twenty one days notice in advance by e-mail and/or by posting the alteration on Site and the date it is to take effect
2.6. Service Provider announces that at the time of connection with the Service by any person system logs registers the information about number (including IP) and the type of such person's equipment, which is used to connect to the Service. The Service Provider announces that it would process in accordance with the law such data, including data on the number (including IP) and the type of device and time of the connection with the Service, and other data relating to activities in the Service. These data are processed, in particular, for technical purposes and to collect general statistical information.
3.1. Quiz Game is defined as a game in which Participant, who met conditions stipulated hereby may participate upon payment of the Single Fee.
3.2. Participant can pay and participate in a quiz completion one time covered by Single Fee. Participant may again use a Service upon payment of next Single Fee.
3.3. Upon pressing the button “Start game" or “Improve your result", the Participant may start answering the questions while the time is running. From that point on the goal is to answer as many of the questions correctly as possible in the least amount of time. The questions are timed and must be answered one after the other. Only when the 6th question has been answered and confirmed is the clock stopped and the results sent in. When finished the clock stops automatically.
3.4. The Participant is given the chance to improve their result anytime. The Participant that requires the least amount of time, to the thousandth of a second, to answer the most answers correctly until the specified period of time, is the winner of the Prize. If multiple Participants have taken the exact same amount of time to answer the same number of questions correctly, and that time is also the fastest until such period of time, then all such Participants will receive the advertised Prize.
3.5. Participants shall not modify or cause to be modified any files or transmission that are a part of a Service; nor create or use any software designed to modify the causal way of Quiz Service working, in particular by slowing or stopping time counted during answering or otherwise unfairly alters Quiz results.
4.1. Participant acknowledges and warrants that he/she is a person who, at the time of registration, is at least 18 years of age, is legally capable of entering into binding contracts, of sound mind and is participating in Service from a location in the (except the states of Orissa and Assam) and whose permanent residence is in the (except the states of Orissa and Assam).
4.2. Employees, representatives, assignees and agents of Service Provider, Operator, sponsors, advertising agencies and event coordinators involved in providing the Services, including their family and household members are not eligible to be Participants.
4.4. Service may be provided only to Participants who have mobile telephone and pre-paid contract or subscription contract with following mobile operators: Airtel, Vodafone, Idea, BSNL.
4.5. The hardware requirements referred to in previous section may be subject to change.
5.1. The user comes to the ContestKhel.com website and has the possibility to pay over the Operator's payment interface after entering his mobile number and confirming the purchase. Then the User may play the quiz one time. The quiz comprises 6 questions – 5 multiple choice skill questions and a mathematical one. After finishing the user can submit his e-mail address in order to be informed about the prize. The user has the possibility to play again and has to go again through the payment process. The best result of all quizzes played by an user in the winning period is taken into consideration and counts when determining the winner. The weekly winner is additionally determined at the end of each week on the best result basis.
5.2. The Winning Participant would be the one who answers correctly the most questions in the shortest amount of time during the determined winning period.
5.3. The Winning Participant will be notified by e-mail/and put up on the Site for information. Participant must provide Service Provider with proper address data to obtain Prize.
5.4. Prize will be delivered within twenty eight (28) working days after the day the specific prize is won. Prizes are not interchangeable for money. The awarding of the winner of the prizes is final and not subject to any correspondence. 5.5. Prizes and the delivery terms thereof are subject to change. No rights can be derived from the values, mentioned by Service Provider in connection with the prizes.
5.6. Service Provider shall not be liable for Prize condition and any product warranties or liabilities in connection with the Prize, whether statutory or otherwise. Service Provider does not provide any Guarantee for Prize. Guarantee if any, may be provided only by a current Prize manufacturer or supplier.
6.1. Quiz may be participated by using of computers/mobile phones. Registration process requires entering a valid e-mail address in accordance with the process set out at Site.
6.2. After applying for Services the Participant is shown a website that gives him the opportunity to pay for the service and play one quiz – set of 6 questions. After finishing it, the user has the possibility to play again and has to go again through the payment process.
6.3. The Participant is entitled to participate as many times as he wants to/as he pays the Fees. The Winning Participant would be the one who answers correctly the most questions in the shortest amount of time during the determined winning period.
6.4. The player that requires the least amount of time, to the thousandth of a second, to answer the most answers correctly within the 3 months award period is the winner of the prize.
7.1. Termination of the contract for any reason will result in ceasing in provision of all the Services, with all the consequences that flow from such cessation.
7.2. Service Provider may terminate the contract and the provision of the Services at any time, these terms and conditions or any applicable laws and regulations.
8.1. Participant is entitled to file the complaint within one (1) calendar month from the date when the Service was improperly provided. Complaint submitted after the deadline specified in the first sentences shall not be examined, about which Service Provider shall immediately notify the Participant. Complaints may be submitted in writing or by any other means of distance communication, including electronically, unless it is precluded by the technical capabilities. The date of the complaint shall be the date of receipt of complaint by the Service Provider. A Service Provider's response to the complaint will be provided within one month from the date of receipt.
8.2. Service Provider hereby disclaims any and all liability in relation to the payments made by the User / Participant / Subscriber for the purpose of using the Services or participating in the Quiz. All enquiries or complaints in relation to any payment made shall be directed to Payment Operator and / or the Operator, and the Service Provider shall not be liable to the User / Participant / Subscriber in relation to any such payments.
8.3. Service Provider hereby disclaims any and all liability in relation to the Prize received by any Winning Participant. All products related enquiries or complaints in relation to any Prize received shall be directed to the manufacturer of such Prize and the Service Provider shall not be liable to any User / Participant / Subscriber in relation to any Prize.
8.4. User hereby acknowledges and agrees that he / she has consented to receiving communication from the Service Provider via e-mail , and that any communication sent by the Service Provider to the User using such means shall not be considered to be unsolicited commercial communication.
8.5. User hereby acknowledges and agrees that the Quiz is a game of skill, and that the Service Provider owns all the rights and title to the Site, Services and the Quiz (including and that no rights (including intellectual property rights) in the Site, Quiz or Services are licensed or transferred to the User under any circumstances.
9.1. The Service Provider shall not bear responsibility for any omissions in fulfilling its obligations under the Terms of Quiz Games originating from the circumstances for which it is not legally liable.
9.2. In particular the Service Provider shall not be held liable for interruptions to operations or any other interference, including technical interference, over which we have no control. Service Provider is not responsible for errors in the data transmitted by Participant, or which is received by Service Provider from a third party using Participant telephone, any failure of Participant to receive information, or any failure by the Operator. This includes, but is not limited to, submission errors caused by transmission failures; delays; typographical errors; telephone or network failures; computer, electronic, or Internet hardware or software failures: the inability of any site to accept all of Service Provider`s data; and tampering.
9.3. Service Provider does not provide any assurance or guarantee that Participant will win prizes in any one competition, or at all.
9.4. Participant shall be liable for any breach of the contract or misuse of the Site either by Participant personally or by a third party using Participant`s telephone.
9.5. Service Provider is not liable for the content of any third party sites linked from Site.
9.6. Service Provider and Participant shall not be liable or responsible for any failure to perform, or delay in performance of its obligations under a contract that is caused by events outside Service Provider's or Participant`s reasonable control, what may be caused by any act, event, omission or accident beyond reasonable control and includes in particular (without limitation)strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack or threat of terrorist attack, war; fire, natural disasters, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.
9.7. In no event shall the Service Provider's liability in relation to a User / Participant / Subscriber exceed the amount paid by such User / Participant / Subscriber in the month preceding the date of such claim.
9.8. Any performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
10.1. Contact address of Service Provider shall be ContestKhel INC. at The Mason Complex, The Valley, Anguilla, AI-2640. Service Provider may notice Subscriber either by SMS message or by posting notices on Site. Notice will be deemed received and properly served immediately when posted on Service Provider's Site or 24 hours after an SMS message is sent.
10.2. Participant may not transfer, assign, Single Fee, or otherwise dispose of a contract, or any of rights or obligations arising under it, without Service Provider prior written consent.
10.3. If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.4. By participation in the Services, Participant hereby agrees to take part in any publicity accompanying or resulting from your contract, and for winners' names to be used for publicity purposes by Service Provider in printed or online formats.