TERMS AND CONDITIONS OF BYJU’S MINUTE TO WIN IT CHALLENGE
In order to promote creativity and further the video production skills, Think & Learn Private Limited (BYJU’S) brings to students that have subscribed to BYJU’S premium offerings (“Users”) another fun challenge in the form of BYJU’S Minute To Win It Challenge’ (“Challenge”).
- Binding Agreement: In order for Eligible User (defined below) to participate in the Challenge:
(i) in case such Eligible User is below the age of 18 (eighteen) years (“Child User”), then the parents/ legal guardians representing the Child User;
(ii) in case the Eligible User has attained the age of 18 years, then such Eligible User;
(such Eligible User who has attained the age of 18 years or where applicable, such parents/ legal guardians representing the Child User are collectively referred to as “you” or “your”)
must agree to these terms and conditions governing Eligible User’s participation in the Challenge (“Rules”). Therefore, please read the Rules carefully prior to the Eligible User taking part in the Challenge to ensure that you understand and agree with the terms and conditions of the Challenge. You agree that with the Eligible User participating in the Challenge, you are unconditionally bound by these Rules.
The participation or winning rewards in the Challenge does not require any further purchase of any of the products offered by BYJU’S.
- ELIGIBILITY The Challenge is open only to such Users (“Eligible Users”) that (i) are Indian residents, (ii) are studying in Class 4 to 12 (both included) in any school in India, and (iii) in case of Child Users, have obtained your permission to participate in the Challenge and you have unconditionally consented to being bound by these Rules.
In the event: (i) the participation of the Eligible User is not permitted under applicable law, or (ii) you have misrepresented or do not comply with any provisions of these Rules, then in either case BYJU’S shall, in addition to being entitled to take appropriate legal action, have the right to disqualify the concerned Eligible User at any stage of the Challenge and forfeit any reward awarded as part of the Challenge.
- Details of the challenge
3.1) The Challenge requires Eligible Users to create a one minute video on the below mentioned topics:
|Eligible Users studying in Class 4 to 7 (both included)||My best friend BYJU’S|
|Eligible Users studying in Class 8 to 12 (both included)||How BYJU’S helped me during the pandemic|
3.2)Eligible Users are required to submit the videos, during the period commencing from January 3, 2022 to January 15, 2022 or such other extended time period as decided by BYJU’S in its sole discretion, on the link provided by BYJU’S in this regard. Further, each Eligible User shall only upload one video for taking part in the Challenge.
3.3)All videos submitted by Eligible Users are expected to meet the following minimum requirements and will be evaluated based on creativity and video production skills of such Eligible Users:
3.3.1)The audio in the video should be clear;
3.3.2)The video should be shot/ recorded against a plain, well-lit background;
3.3.3)The video quality should be clear to identify the Eligible User;
3.3.4)The video should be submitted in any one of the following formats: mp4, mkv, mov;
3.3.5)The video should be created by the Eligible User on the topic set out in paragraph 3.1 above;
3.3.6)No individual other than the Eligible User should feature in the video.
3.4)Declaration of winners;Use of submitted Videos
3.4.1) Top 100 (one hundred) Eligible Users, evaluated basis the criteria set out in paragraph 3.3 above for the videos submitted, will have the prospect of being rewarded with a laptop (“Reward”). BYJU’S will intimate winners of the Challenge via e-mail, short-message service, and/or telephonic call on the contact details registered with BYJU’S for this Challenge. You will be informed of the mode for receiving the Reward at the time of intimation of winners of the Challenge.
3.4.2) Please note that you shall have no claim whatsoever against BYJU’S in relation to the selection of winners of the Challenge and BYJU’S shall not have any obligation whatsoever to entertain any query pertaining to the process followed for evaluating and selecting the winners of the Challenge.
3.4.3) All intellectual property in the videos submitted as part of the Challenge, for good and valuable consideration set out in these Rules, shall automatically vest in BYJU’S. Accordingly, BYJU’S shall have the right (but not the obligation) to use videos submitted as part of the Challenge in any promotional, marketing and/ or advertising activity, including but not limited to publishing select few videos or their transcripts, in either case in whole or part thereof, on its website and other platforms.
3.5) Reward: Each of the following conditions shall apply in respect of the Reward:
3.5.1) Reward shall be handed over only to you. Rewards are non-assignable/ non-transferable under any circumstances whatsoever.
3.5.2) BYJU’S will have no liability whatsoever in the event the registered e-mail and mobile number details are: (i) non-functional, or (ii) functional, but inaccurate, in which case the communication/ intimation of winners (under paragraph 3.4) may be received by a person other than you. Additionally, in the event BYJU’S is unable to reach you on the phone number provided after three attempts, then you will forfeit the Reward.
3.5.3) Reward cannot be exchanged for cash.
3.5.4) The brand and specifications of the laptop shall be determined by BYJU’S in its sole discretion.
3.5.5) Rewards shall be awarded “AS IS” and “WITHOUT WARRANTY OF ANY KIND”, express or implied, including, without limitation, any implied warranty of quality, merchantability or fitness for a particular purpose from BYJU’S. It being further clarified that BYJU’S shall not be responsible in any manner whatsoever for any untoward event (including death or bodily injury) caused by the Reward.
3.5.6) If Reward cannot be made available to the winners of the Challenge due to the restriction imposed by applicable law or for any other reasons, then in such an event BYJU’S may, at its sole discretion, not award any of the Rewards.
- General Conditions
4.1)By participating in the Challenge, you hereby represent and warrant that all information and documents (if any) submitted herein is true and accurate.
4.2)If for any reason the Challenge is not capable of running as planned or upon occurrence of a force majeure event, BYJU’S reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Challenge.
4.3)BYJU’S shall be not liable for any delay or adverse effect caused to Eligible Users, including the winners as a result of any force majeure circumstances, including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond control of BYJU’S.
4.4)You agree that all decisions of BYJU’S in respect of the Challenge are final and binding on you. Failure by BYJU’S to enforce any of these Rules in any instance shall not be deemed to be a waiver of the Rules and shall not give rise to any claim by any person (including other Users). The decision of BYJU’S shall at all times be final and binding.
- Further Assurance
5.1) BYJU’S reserves the right to require Eligible Users to submit inter alia proof of age, residential status, the Class in which such Eligible User is presently studying in and in case of Child User, the permission obtained from the parents and/ or legal guardian to take part in the Challenge, at the appropriate time.
5.2) You shall sign, notarize, and return an affidavit or declaration of eligibility, liability release, publicity release, in case of Child User, provide a copy of the permission obtained parents and/ or legal guardian, and sign such other documents or provide such information as required by BYJU’S, from time to time, in connection with the Challenge.
On participating in the Challenge, you agree to be involved in media activity or other promotional activity, if any, pertaining to the Challenge (including but not limited to using videos created as part of the Challenge). Accordingly, if requested by BYJU’S, you agree to execute all necessary documents in order to give full effect to this provision, including removing any difficulties arising in relation thereto.
- Indemnity and liability release:
8.1) You agree to defend, indemnify and hold harmless BYJU’S and/ or any of its affiliates, their directors, officers, employees or agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorney’s fees) arising out of or accruing from: (i) any misrepresentation made by you in connection with the Challenge; (iii) any non-compliance by you with these Rules; (iv) claims brought by persons or entities arising from or related to your involvement with the Challenge; (v) acceptance, possession, misuse or use of any Reward or participation in any Challenge related activity or participation in the Challenge.
8.2)This Challenge is being conducted purely on a “best effort” basis and participating in this Challenge is voluntary. By participating in the Challenge, you are legally bound hereby, to release from liability, and hold harmless BYJU’S and/ or any of its affiliates, their directors, officers, employees or agents representing or related to BYJU’S and its services/ products. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of the benefits/ rewards offered under this Challenge, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Challenge, notwithstanding any acts or omission of BYJU’S.
- Governing Law and Jurisdiction:
The Challenge is governed by the laws of India and courts at Bengaluru shall have exclusive jurisdiction over any dispute arising in relation to the Challenge and the Rules governing the Challenge.
- Recourse to Judicial Procedures:
If any provision of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Challenge are hereby excluded, and you expressly waive any and all such rights.