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BandNahiBajega Contest – Terms and Conditions

  • ETS India Private Limited (“ETS India”) is holding an Instagram Reels Contest (“Contest”) wherein the participants would get a chance to win an Apple iPhone 14 (128 GB) (“Prize”), in accordance with these terms and conditions (“T&Cs”).
  • To be eligible for this Contest, the participant should:
    1. Be an Indian citizen and residing in India.
    2. Follow us on Instagram (toefl_india_official) and Facebook (TOEFL India).
    3. Create and upload on his/her own public Facebook/ Instagram profile, a reel of themselves reacting to their TOEFL Scores by saying the words “TOEFL Ka score aaya, abroad main chala, chalo band nahi baja”.
    4. Use the hashtags – #BandNahiBajega #TOEFLIndia
    5. Tag 3 or more friends and ask them to follow @toefl_india_official (Instagram) or TOEFL India (Facebook).
    6. Not be a business partner, employee or family members of such business partner or employee of ETS India.
    7. Share the TOEFL India campaign #BandNahiBajega on his/her Instagram/ Facebook story.
      All persons fulfilling conditions mentioned in this Section B shall be hereinafter referred to
      as “Participants”.
  • Only the entries made by the Participants which are in accordance with these T&Cs shall be considered as valid entries. Once uploaded and published, Participants are not allowed to request for removal, editing or altering the entry/Reel in any manner whatsoever.
  • The Participants agree that by participating in the Contest, the Participants shall be bound by these T&Cs provided at the website https://www.etsindia.org/terms-conditions/band.
  • The Contest shall commence from 25TH March 2023 and remain open until 25th April 2023 (“Contest Period”). Contest shall be open for participation only during the Contest Period.
  • While submitting entries/uploading Reels, Participants shall ensure that the Reel:-
    • shall not violate the rights of any third party, including, but not limited to, privacy rights, copyrights, trademark rights and/or any other intellectual property rights;
    • is not abusive, harmful, harassing, blasphemous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • does not harm any person in any way;
    • does not violate any law for the time being in force in India;
    • does not deceive or mislead about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
    • shall not create any liability for ETS India or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;
  • The Participants shall also be bound by the Instagram terms of use.
  • The Participant with the highest engagement on his/her Reel in terms of likes, share and comments combined shall be declared as the winner within 60 days of the launch of the Contest (“Winner”).
  • ETS India has authorized SCROLLIN MEDIA Private Limited to manage the operation of this Contest on its behalf and SCROLLIN MEDIA Private Limited shall be solely responsible for selection of the Winner and the distribution of the Prize to the Winner of the Contest in accordance with the T&Cs and the same shall be final and binding on all the Participants. No correspondence will be entertained by SCROLLIN MEDIA Private Limited/ ETS India in this regard.
  • The distribution time and mode of distribution of the Prize shall be at the sole discretion of SCROLLIN MEDIA Private Limited, and subject to the verification and in accordance with these T&Cs. Decision of SCROLLIN MEDIA Private Limited shall be final and binding on the Participants.
  • The Participant agrees that he/she shall not hold ETS India and/or its employees, responsible for delays or any problem in connection to the distribution, quality, genuinity of the Prize.
  • Method and time of prize distribution: The details of the Winner(s) shall be disclosed on the Instagram handle of The Winner shall be required to send an email on accounts@scrollinmedia.com, with his/her basic personal details such as Address and Phone no. within 7 days from the date of announcement of Winner. The engagement on the participant’s post in terms of likes, followers, comments shall also be considered for the selection of Winner. Further, the screenshots will be shared as a message on the ETS India’s social media channel.
  • Non-conformance by any Participant and /or Winner(s) of the Contest will result in immediate disqualification of the Participant from participation or winning the Prize as the case maybe.
  • By sending the requisite information, Participant is agreeing to receive email or phone marketing from ETS India in relation to our other products and services.
  • The Participant can win this Contest only once. Any subsequent wins of the Participant (if declared by [•]) will be automatically void.
  • The Prize shall be sent by post and/or courier to the Winner(s) as per the address specified by them. Neither ETS India nor SCROLLIN MEDIA Private Limited shall not be responsible if the Prize is damaged in the course of delivery through post and/or courier.
  • While accepting the Prize, the Winner may be required to sign an “indemnity and release of claims” form provided by ETS India, as the case may be, which shall release ETS India of all liability. Failure to complete and sign any documents requested by ETS India or SCROLLIN MEDIA Private Limited may result in disqualification and selection of an alternate Winner. All decisions of SCROLLIN MEDIA Private Limited are final in this regard.
  • SCROLLIN MEDIA Private Limited may in its sole discretion refuse to give the Prize(s) to Winner(s) in the event of any fraud or dishonesty committed by the Winner or any breach of these T&Cs. ETS India shall have the right to pursue legal action against any Participant believed to have undertaken fraudulent activities or other activities harmful for the Contest, the entry submission process or to be acting in violation of the Information Technology Act, 2000 (as amended) or any other applicable law or regulation.
  • In case the Winner is / are found to be in violation of any these T&Cs of the Contest, ETS India reserves the right to initiate legal proceedings against such person(s) including but not limited to refund of the Prize won.
  • ETS India has the right to substitute the Prize with other prizes of equal value, as determined by ETS India in its sole discretion.
  • The Participant hereby agrees and grants ETS India the right to repost or post as a collaboration post or repost or share the Reel posted by the Participant for the Contest and otherwise.
  • The Prize is not transferable, assignable, or exchangeable for cash equivalent. Only the Winners as selected by SCROLLIN MEDIA Private Limited and no other person or agent, may claim the Prize.
  • All taxes, levies, and duties due and owing under applicable and statutory laws in connection with all Prize if any, and all other costs, including insurance, incidental costs, gifts, gratuities, and taxes, are the sole responsibility of the Winner(s).
  • The participation in the Contest is deemed to be voluntary and any personal information provided by the Participant in relation thereto, if any, is deemed to be received with the consent of the Participant and be considered as confidential and sensitive. ETS India shall be free to reproduce, use, disclose and distribute this information for internal business purposes. ETS India shall ensure compliance with the applicable data protection laws of India including but not limited to the Information Technology Act, 2000, and the Information Technology (reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
  • The conduct of this Contest shall not fall under the definition of “lottery” as defined under the Lotteries (Regulation) Act, 1998.
  • ETS India shall be entitled to postpone, suspend, modify, or cancel the Contest at any time before or during the Contest with or without notice, for any reason, including but not limited to acts of God, force majeure, technical/network difficulties, or any other reasons beyond ETS India’s reasonable control. If ETS India suspends or cancels the Contest in the interim, all aspects of the Contest shall be null and void. ETS India shall not be liable to compensate any Participant for any postponement or cancellation or for any reason directly or indirectly arising out of this Contest.
  • ETS India or its affiliates shall not be responsible for cancellation of the Contest or loss of entries due to the aforementioned reasons.
  • ETS India and/or SCROLLIN MEDIA Private Limited is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to any Participant in any manner whatsoever or for any reason whatsoever in connection to the Contest.
  • The T&Cs as mentioned herein above shall constitute an agreement amongst ETS India and each of the Participants to the Contest. Any Participant submitting an entry into the Contest by uploading a Reel shall deemed to have accepted the agreement and T&Cs to be binding upon himself/herself (including legal heirs and successors).
  • ETS India hereby reserves the right to amend these terms and conditions without prior notice to the Participant(s). The amended terms and conditions, however, shall be intimated to the participants within a reasonable time.
  • By submitting the Reel, Participant hereby grants and assigns in favour of ETS India an irrevocable, perpetual, unlimited, worldwide, royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of the submitted Reel in any and all media, whether now known or hereinafter created, throughout the world and for any purpose including commercial purpose without any reference to you.
  • The Winner also consents to ETS India’s right to use his/her name, voice or picture, or the content of his/her Contest entry (collectively, the “Publicity Rights”). ETS India can allow to its agencies to exercise/exploit the Publicity Rights in conjunction with ETS India. ETS India shall also be free to use any ideas, concepts, know-how or techniques contained in the entries received for the Contest for any purpose.
  • All rights, title, and interest, including but not limited to the Intellectual Property Rights in any/all images/photographs/videos uploaded by ETS India shall vest with ETS India only.
  • Any dispute or claim (contractual or non-contractual) arising out of or in relation to this T&Cs, including disputes as to its formation, will be governed by and construed in accordance with Indian laws. Subject to the aforementioned, ETS India and the Participants hereby submit to the exclusive jurisdiction of courts at New Delhi alone. The Contest shall be void where prohibited by local/State laws. All relevant national and local laws apply.
  • For any queries on the Contest and/or the T&Cs, please send an email to accounts@scrollinmedia.com.

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