Terms of Use For Automobile

PLEASE READ THESE TERMS OF USE AS MENTIONED BELOW (T&C) CAREFULLY BEFORE PARTICIPATING IN MILLIONHERE COMPETITIONS FOR AUTOMOBILE PRIZES. BY PROCEEDING WITH REGISTRATION AND PARTICIPATION IN THE MILLIONEHRE COMPETITIONS, YOU AGREE TO BE LEGALLY BOUND BY THESE T&C. IF YOU DO NOT AGREE TOTHESE T&C, PLEASE DO NOT PARTICIPATE IN THE MILLIONHERE COMPETITIONS.

  1. Millionhere is an online skill based gaming competition platform owned and operated by Jengatron Gaming Private Limited having its registered office at E-20, Lajpat Nagar – 3, New Delhi – 110024, India and is open only to Indian citizens (individuals), residing in India (excluding the Restricted Territories i.e. Assam, Odisha (Orissa), Telangana, Nagaland & Sikkim), aged 18 years or above and who are valid Users of Millionhere (hereinafter referred to as "MILLIONHERE"). The Automobile Prize competitiontitled has been conceptualized and provided on the skill based gaming platform by Millionhere.
  2. To participate in the Competitions including all the Automobile Prize Competitionson Millionhere, the Millionhere Users shall read, understand and accept these T&Con Millionhere App and Website as well as the Millionhere General Terms & Conditions.The Terms and Conditions of the Competitionscan be amended or varied from time to time or withdrawn and therefore, the User is advised to please visit the Website and/or App and keep himself/herself updated and informed.
  3. Millionhere is not open for employees, distributors, agents, subsidiaries,contractors, vendors, sponsors, advertising agencies and suppliers of Millionhere & Jengatron Gaming Pvt. Ltd. or for the relatives/dependents of such employees, distributors, contractors,agents, subsidiaries, vendors, sponsors, advertising agencies and suppliers. For the purpose of the T&Cfor Automobile Prizes, the term “relative” shall have the same meaning as contemplated under Section 2(41) of the Income Tax Act, 1961.
  4. Millionhere and the Millionhere Automobile Prize(s) Competitionsare valid only in India except the Restricted Territories i.e. Sikkim, Nagaland, Assam, , Odisha (Orissa) and Telangana.After the selection and validation of the Winner(s) of all the prizes on Millionhere, the Winners shall be contacted by Millionhere and/or Vendor and /or Dealer, according to the User details registered with Millionhere as per the Terms of Use of Millionhere. The decision of Millionhere based on the results in the competitionsshall be final and no correspondence and/or complaints regarding results and the awarding of prizes shall be entertained.
  5. The Millionhere competitions for Automobile Prize(s) shall commence and run for a period of time as notified on the Millionhere App and/or Website and/or any other Social Media Platform used by Millionhere and Millionhere reserves all rights to make any changes or amendments to the same upon due notification to the Users.
  6. Millionhere reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Competition or any part thereof including the eligibility criteria, the Terms and Conditions and prizes at their sole discretion at any time during its validity as may be required including in view of business exigencies, changes by regulatory authorities, statutory changes and for other reasons beyond its control. 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 and the App. You are therefore advised to check our Website and App 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 you, then you should discontinue your participation in the Competition. Your continued subscription and/or participation to the Competition shall constitute your irrevocable and unconditionalacceptance of the latest revised Terms and Conditions.
  7. All Automobile Prize(s) available on the Millionhere Automobile Prize(s)Competitions shall be subject to these Terms of Use for Automobile Prize(s) Competitions and thedetails of the automobile prize for a particular Competition shall be described in the specific Competition description tab in the Millionhere App.
  8. Selection Methodology
    1. Users shall be awarded ranks based on their Competition scores and prize(s) shall be awarded as per the Competition payout structure. Whoever scores the highest in the Competition will be awarded the higher rank.
    2. In case there is a tie between two users then the person who has achieved the top score first i.e. whosoever played first shall be awarded the higher rank.
    3. In case there is a tie in the score time as well, then the user who has purchased the ticket first shall be awarded the highest rank.
    4. The process of Winner selection for each category of prize, in accordance with the Winner selection process detailed in this Terms of Use shall be at the sole discretion of Millionhere and shall be witnessed by an independent third party auditor (“Independent Auditor”) appointed by Millionhere who shall, after the selection of the Winners, certify such process.
  9. The User understands and accepts that the Automobile Prize(s) on Millionhere are procured by Millionhere from the Vendor and/or Dealer directly and/or sponsored and provided by the Vendor and/or Dealer to Millionhere.Millionhere does not guarantee or make any representations or warranties regarding the quality, features or utility of the Automobile prize(s) to Winner(s) and Millionhere shall not be held responsible or liable for non-delivery, loss or damage during delivery or shortfall or deficiency, whether hidden or visible, in the Product prize(s), and all the legal remedies in relation to the Product prize(s) shall solely lie against Vendor and/or the Dealer.
  10. The Users shall not have the right to claim any damages, loss or costs from Millionhere for delay in delivery of the prize(s) on any grounds whatsoever. Millionhere is neither responsible nor guarantee the quality of the goods or services being offered as prize/s nor are they liable for any defect or deficiency of goods or services so obtained or availed, by the Users under this Competition. Millionhere shall also not be liable for any defect or deficiency in the prize(s) so offered or availed by the Users under this Competition.
  11. All prizes offered in these Competitions are subject to availability. Millionhere and the Vendor and/or Dealer reserves the right to provide alternate models of the same value, for any of the prizes or issue a Bank Gift Card for the value of the prize won under the Competition, after deducting applicable taxes, which may be redeemed by the Winner at stores accepting such Bank Gift Card.
  12. Millionhere shall not be responsible for any incorrect / misleading information relating to the Product prize(s), presented / displayed on any other information center, webpage through any source other than the Millionhere App, Millionhere Website or any other Social Media platform used by Millionhere. Millionhere shall not be liable for any loss suffered by any User(s) based on the representation, terms, conditions, information presented / displayed on any source other than Millionhere App,Millionhere Website or any other Social Media platform used by Millionhere. Any User providing any incorrect information, concealing or withholding any information from Millionhere with an intention to participate and/or win the Competition will automatically be disqualified from participating in the said Competition and winning the said Prize. Such act of providing incorrect information, concealing or withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, domicile or any other information provided by the User, shall entitle Millionhere to disqualify him/her without any further intimation.
  13. Millionhere is neither responsible nor does it guarantee the quality or merchantability of the Product(s) being offered as prize(s) to the Winners nor is it liable for any defect or deficiency of Product(s) so obtained/availed, by the Winners of Millionhere. Millionhere shall not be responsible or liable for:
    1. Any problem, damage or loss of whatsoever nature to any User resulting from their participation in the Competitions on Millionhere; or
    2. Any problem, damage, injury or loss of whatsoever nature caused due to usage of the Prize by the User; or
    3. Any injury or any bodily harm to any User resulting from their participation in the Competitions on Millionhere or due to receiving any product prize on Millionhere.
  14. Millionhere reserves all rights, 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 Competition. Failure by Millionhere to enforce any of its rights at any stage does not constitute a waiver of those rights and shall not give rise to any claim by any person.
  15. There shall not be any assured gift to the Users for participating in Competitionson Millionhere and the same is subject to change at the sole discretion of Millionhere.
  16. User shall not unsubscribe from the Millionhere App while the Automobile Prize(s) is/are redeemed and any act of unsubscribing from the Millionhere App by the User while the Product Prize(s) is/are redeemed shall lead to instant forfeit of the Product Prize. To redeem the Automobile Prize(s), the Winner shall declare his/her name, address (a valid shipping address which is not situated in any of the Restricted Territories) and proof of identity and other supporting documents [hereinafter referred to as “Mandatory Information Documents or MID” ] as may be required by Millionhere and no redemption of any Product Prize(s) shall be allowed without completing the MID verification. For further information on the MID Verification process, the User is advised to peruse the Millionhere Terms & Conditions here .
  17. The User shall redeem his Automobile Prize(s) within 45 (forty five) days of receiving the communication from Millionhere informing the User of winning such Automobile Prize(s) on Millionhere. Millionhere shall send an email communication after the Competition Results to inform the User that he has been selected as the Winner for the said Competition. In the event the Automobile Prize(s) is not redeemed by the User/Winner within 45 days of receiving the communication from Millionhere or the attempted communications from Millionhere, then his/her Automobile Prize(s) shall stand forfeited.The Winner hereby agrees that there shall be no liability on Millionhere or the Vendor and/or Dealer in the event the Winner cannot be contacted, on any account whatsoever.
  18. The process of redemption and dispatch of the Automobile Prize(s) shall be initiated by Millionhere within a period of 30 (thirty) business days upon receiving the request for redemption of the said Automobile Prize(s) from the User. Pursuant to the request for redemption from the User, Millionhere shall provide the User’s details to the respective Vendor and/or Dealer to initiate the delivery process. The User accepts and acknowledges that the process of redemption of the Product Prize(s) is subject to these Terms of Use and submission of MID (as defined in Terms and Conditions of Millionhere) by Winner as required by Millionhere and Vendor.

    The User shall be responsible to take the delivery of the automobile prize and is required to contact the respective dealer to initiate the delivery process. If the User/Winner abstains from taking the delivery of the Automobile Prize(s), and/or fails to collect the same, then the User shall endeavour to contact the relevant vendor and/or dealer at the earliest and/or ensure delivery of the Automobile Prize from the respective vendor and/or dealer and the User shall be subject to the terms and conditions of the Vendor and/or Dealer and Millionhere shall not be liable for the same and shall not bear any additional expenditure for the delivery of the said Automobile Prize(s).If the Winner abstains from taking the delivery of the Automobile Prize(s), and/or fails to collect the same from the Vendor within 30 (thirty) days of being informed as such by Millionhere and/or the vendor and/or dealer the Automobile Prize shall stand forfeited.

  19. All costs and expenses for collecting the said Prize unless otherwise specified shall be borne solely by the Winners and the Prize shall not be transferable and no request shall be entertained by Millionherefor such transfer.
  20. The value of the prize offered in the Millionhere Automobile Prize(s) Competitions shall not exceed the valueas stipulated in thespecific Competition description tabfor that particular prize in the Millionhere App.In case the specified model, type of the vehicle offered in a particularCompetition is discontinued or not available during or after the Contest, Millionhere shall at its own discretion offer another vehicle of the same value which may or may not be of the same brand. If the Winner wants the exact same model/type of the same brand mentioned as the Prize for this Competition that he is eligible for and if the price of such vehicle increases during or after the Competition or at the time of prize distribution/Winner announcement period, Millionhere will only pay the value of the vehicle that was during the launch of the Competition and the Winner shall be required to pay or bear the extra amount. The prize amount shall be given by Millionhere by way of Cheque or bank wire transfer in the name of the dealer from whom the vehicle is being purchased.
  21. With regard to the Automobile Prize, the Winner will be eligible for the ex-showroom price of such prize, which shall not exceed the respective prices as detailed in the description tab for that particular Competition on the Millionhere App. The Winners eligible for such prizes will be liable to pay all applicable charges over and above the ex-showroom price of the respective vehicles as applicable, which shall include but not be limited to applicable taxes, levies, charges on the additional parts opted by the Winner to be purchased along with the afore-mentioned prizes or any other costs or charges which may be levied by the Central, State or Municipal authority or government or any other liabilities related to the respective vehicles.
  22. The User hereby warrants and accepts to provide accurate, current and complete information while participating and playing on the Millionhere platform and their product prize(s) Competitions.
  23. The User hereby understands and gives his/ her irrevocable consent for personal information including but not limited to any received personal data and/or any pictures and/or any contributions linked to participation on the Millionhere platform, relating to the User to be exchanged with Millionhere or Vendoror to be used free of charge, for promotional activities relating to the competition and/or the platform Millionhere and in relation to the announcement of the winner through all media, including radio, television and internet. The User also hereby consents to Millionhere to share his/her personal information with third parties involved in the Automobile Prize(s) Competitions such as suppliers, advertisers, sponsors and/or producers.
  24. The Automobile Prize(s) shall be subject to the laws of India, including all the laws relating to taxation. All applicable regulatory and statutory duties, cess, surcharges, taxes (including TDS&GST), insurances, transfer fees, registration fees etc. that may be applicable to avail/use the Product Prize(s)shall be borne by the Winner.

    Any Automobile Prize(s) of value in excess of INR 10,000/- (Indian Rupees Ten Thousand Only) shall attract deduction of tax at source (TDS) at the rate of 30.9% as per Section 194B of the Income Tax Act, 1961 and all other taxes to be paid on the Automobile Prize(s) shall be paid by the respective Winners at the prevailing rate, unless expressly specified otherwise. Winners shall not be able to avail of any deductions either under Section 80C or 80D of the Income Tax Act, 1961.

    Further, all the Winners must furnish a valid PAN Card and Aadhaar Card bearing their respective address (a valid shipping address which is not situated in any of the Restricted Territories)to claim the Automobile Prize(s), irrespective of the value of the same, failing which the Winners’ Automobile Prize(s) shall be forfeited, or the Automobile Prize(s) shall be rolled over to the next Winner, at the sole discretion of Millionhere.

  25. The Automobile Prize(s) to the Winners shall be given subject to compliance with all applicable statutory legislations/ processes / formalities in connection with the Automobile Prize(s) and on production and verification of MID(as defined in the Terms of Use of Millionhere) as required by Millionhere before the delivery of the Automobile Prize(s). Any failure on the part of the Winners to comply with directions issued by Millionhere for claiming the Automobile Prize(s) or if the MID’s provided by the User fail to meet the requirements as per the present Terms of Use and/or the General Terms & Conditions of Millionhere then the same shall entitle Millionhere to forfeit the Automobile Prize(s) or roll the Automobile Prize(s) over to the next eligible winner, at its sole discretion.
  26. The Users shall indemnify Jengatron Gaming Pvt. Ltd (Company offering the platform “Millionhere”), their officers, directors and affiliates against any claims including third party claims, disputes, actions, liabilities and damages that may arise as a result of act or omissions of the Users, on account of (i) User’s breach of the Terms of Use of Millionhere and/or General Terms & Conditions of Millionhere, (ii) participation in any Millionhere Competition including all Automobile and/or Product Prize Competition/ (iii)submission of incorrect personal information and /or (iv) User’s failure to comply with applicable laws.
  27. Neither Millionhere or Vendor or the Dealershallbe responsible for any loss, injury or damage claimed/demanded by the Users due to any of the following reasons:- a)User is unable to understand the T&C for Automobile Prize(s) or is in breach of the same; b)User is unable to understand the process of participation or is unable to participate in the Competitions on Millionhere; c)User is declared as a winner but is aged less than 18 years of age or is incompetent to enter into a contract; d) User is declared as a winner but is subsequently found to be a resident of any of the Restricted Territories as stated above under Clauses 1 & 4. e) Any other reason, event, error or incidence not within the control of Millionhere; and f) Network failure, network congestion, network unavailability, server slow down/serve shut down or any other technical issues.
  28. The Automobile Prize(s) are non-endorsable, non-transferable, non-exchangeable and non-substitutable. The Prize(s) are offered on 'NO EXCHANGE NO REFUND' basis. Millionhere or Vendor shall entertain no requests for exchange in lieu of the Prize(s). The Automobile Prize(s) are not transferable, exchangeable or payable in cash or other products or services. If the said conditions are not acceptable to the User or if the User refuses to accept the present Terms & Conditions then Millionhere shall not award the said Prize(s) and retain the right to choose another winner and award the same to the said winner.
  29. Millionhere shall not be responsible for any loss or damage if it has to discontinue or cancel the Competitions on Millionhere in compliance with any law, ruling, order, regulation, circular, notification, requirement or instruction of any Central/State Government or for any other unavoidable reason beyond its control.
  30. Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED by Millionhere including, but not limited to, meeting of the User's requirements or aspirations, timeliness, security, the results or reliability of any Competition/game on Millionhere, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through Competition(s)/game(s) on Millionhere; (b) The User expressly agrees that his/her participation in the Competitions on Millionhere is at the User's sole risk and is governed by the Terms of Use herein and the General Terms & Conditions of Millionhere; and (c) No advice or information whether by representations, oral, written or pictorial derived from the Millionhere App or website shall be construed to mean the giving of any warranty of any kind by Millionhere and/or Jengatron Gaming Pvt. Ltd.
  31. By using Millionhere, the User confirms and waives the applicability of rules and regulations of the ‘National Do Not Call Registry’ and agrees to receive promotional messages and/or notifications including without limitation daily updates of score and such other updates from Millionhere, promotional updates on Millionhere and/or any such update as may be deemed fit by Millionhere.

    Also, the Users shall receive promotional updates from and at the sole discretion of Millionhere but the Users shall also be able to opt out of receiving such promotional updates from Millionhere by unsubscribing from such updates in accordance with the Privacy Policy of Millionhere.

  32. The participation in the Competitions on Millionhere implies unconditional acceptance by the User of the ‘Terms of Use’, General Millionhere Terms & Conditions and all other conditions and requirements, which may be issued and implemented by Millionhere from time to time. Millionhere hereby retains all rights to disqualify any User if the said User has not acted in accordance with the General Millionhere Terms & Conditions or the present Terms of Use for Product Prize(s) or if the said User has committed any fraud upon Millionhere with regard to participation on the Millionhere platform or has unfairly influenced the course of the competitions and/or Competitions on Millionhere.
  33. If any provision of these T&C/Terms of Use is found to be invalid by any Court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these T&C, which shall remain in full force and effect.
  34. Millionhere or Jengatron Gaming Pvt. Ltd., or any of their group entities or affiliates, their respective directors, officers, employees, agents, representatives, 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), by a User and/or any third party, directly or indirectly, by use of the prizes offered by Millionhere.
  35. The User hereby irrevocably and unconditionally consents to submit all disputes pertaining to these T&C to the exclusive jurisdiction of a sole arbitrator appointed as per the Arbitration and Conciliation Act 1996, as amended from time to time. The seat of arbitration shall be New Delhi and the language of proceedings shall be ‘English’.The courts in Delhi shall have exclusive jurisdiction over all or any disputes with regard to these T&C and laws of India shall be applicable to the said dispute.
  36. Millionhere is entitled to, at its discretion and without notice, change or modify these terms and conditions specific to the competitions for the duration of the contest and without giving a reason to discontinue, modify or adapt the competitions for reasons of its own without any obligation to compensate any damages on behalf of the User. Any changes or adaptations within the said terms and conditions or the competitions and/or Millionhere app format will be made public in an appropriate manner (e.g. via its website) and the User is advised to be aware of such changes or adaptations or amendments.
  37. TheMillionhere Competitions may contain factual references to the names of certain companies, products and individuals. Millionhere and its Partners and/or Vendors make 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.
  38. The User hereby acknowledges and agrees that all copyright and trademarks and all other intellectual property rights in the App, Website, App content and design, Competitioncontent and design and all material or content related to the Competitions shall remain, at all times, owned by Millionhere i.e. Jengatron Gaming Private Limited. Any other use of the material/ content on this Website and/or App is strictly prohibited. Nothing in the Competitions shall affect any intellectual property rights of Millionhere and/or Jengatron Gaming Private Limited or any of their affiliates in any product or service made available on the Website and/or App.
  39. Any questions, complaints or comments about the competitions and/or Competitions provided on Millionhere can be made in writing to E-20, Lajpat Nagar – 3, New Delhi – 110024, India vide a sufficiently stamped envelope or vide email at support@millionhere.com, The User shall always include the name of the competition and/or Competition regarding which the communication to Millionhere is being made. Millionhere shall endeavour to respond to the communication as soon as possible.
  40. The present Millionhere Terms of Use for Product Prize(s) are applicable to Millionhere competitions and/or Competitions provided in the territory of India only and the said Product Prize(s) shall be delivered to Users residing in the territory of India only except the residents of the Restricted Territories i.e. Assam, Orissa, t, Nagaland, Telangana and Sikkim.
  41. Millionhere shall not be liable for any delay, failure to comply with its obligations contained herein or adverse effect caused to anyAutomobile Prize(s) Competition, including without limitation those caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, terrorist attack, inevitable accidents, acts of god, technical snags, or any other circumstances beyond the reasonable control of Millionhere (“Force Majeure”).
  42. The participation in Millionhere Competitions implies unconditional acceptance of all the terms and conditions of the Offer by the subscribers.