madeinheavenhashtags.com

Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The terms and conditions provided below (“Terms”) govern the microsite www.madeinheaven-hashtags.com accessible on the desktop as well as any other handheld devices (“Website”) in connection with digital campaign (“Campaign”) in connection with the audio-visual series “Made In Heaven” (“Series”) organized by or on behalf of Amazon Seller Services Private Limited (“Amazon/Company/We/Us”). The effective date of the Terms shall be March 19, 2019. Terms form a legal agreement between you and the Company. These Terms are, in addition to the Conditions of Use and the Privacy Notice of www.amazon.in and its corresponding mobile application/site, which you accept and agree to, by participating in this Campaign. If You do not agree to these Terms, please do not participate in the Campaign. To the extent the Conditions of Use and/or Privacy Notice is inconsistent with these Terms, these Terms will prevail with respect to the Campaign only to the extent of such conflict. You agree and acknowledge that nothing contained herein or otherwise, imposes an obligation on Company to run the Campaign and notwithstanding anything contained in these Terms, Company has the right to discontinue/postpone/cancel/alter this Campaign or part thereof at any time in its sole discretion without any prior notice and without liability. You acknowledge that the Campaign is only a promotional activity and not a contest and that participation in the Campaign does not entitle any participant to any gratification/compensation of any nature whatsoever.

These Terms shall be binding on each and every person who voluntarily uses the Website to participate in the Campaign (“You, Your, User”). You affirm that You are either 18 years or more of age and You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and shall abide by and comply with these Terms. By providing requisite details and generating a hashtag, You shall be deemed that you have read, understood these Terms and voluntarily provided consent to and irrevocably accept and agree to abide by these Terms in their entirety as prescribed from time to time by us, to participate in the Campaign for promotion and publicity on any platform/mode/media as deemed fit by the Company, in its sole and absolute discretion.

DETAILS OF THE CAMPAIGN:

The Campaign will inter alia involve in the form of a spoof video message by the cast of the Series inviting interested persons to create a hashtag for weddings, best friends and/or family. The User has to select the category of hashtag required from the options provided on the Website followed by entering basic details like name, nick names and any other details that may be required of the participating User and his/her partner. Once the User has provided such details, he/she will be able to generate and/or re-generate the hashtag.

You understand, agree and acknowledge that the information contained in or made available through the Website is only a promotional activity intended for entertainment and no part of the Campaign is to be construed as replace or substitute for the services of trained professionals in any field, including, but not limited to, wedding planners, match making, relationship counsellors, advisors, alliances and/or dating services. Amazon makes no representations concerning the accuracy, correctness and completeness of the hashtag suggestions as part of the Campaign. Under no circumstance whatsoever should this be construed as professional advice. Neither Amazon nor its affiliates, assigns, etc. shall be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results thereof and You agree not to attempt to and/or hold us liable for any such decisions, actions or results, at any time, under any circumstances including based on your reliance of any usage of the Website for creation of any hashtag.

GENERAL RULES: By participating in the Campaign, would have deemed to have made the following declarations/ representations, warranties and hereby irrevocably agree and confirm the following:

  • You have provided the Company with your consent to communicate with you and provide you information about the Series, any products and/or services offered by Amazon including any other promotional activity in relation thereto, and any and all notifications/communication as Amazon may deem fit.
  • By using the Website and participating in the Activity, You understand and acknowledge that Your internet service provider may impose standard browsing/surfing charges at applicable rates which shall be borne solely by You. You shall be solely responsible for any and all costs and expenses that You may incur towards participating in this Campaign. The Company shall at no time be responsible for bearing any costs whatsoever. Any dispute in connection to the forgoing, shall be settled between the User and the respective internet service provider / third party service provider directly, without involving the Company.
  • You represent that Your participation in the Campaign is on a voluntary and unsolicited basis; You are fully entitled to participate in the Campaign and are not under any disability whether legal or contractual which prevents You from participating herein.
  • By participating in the Campaign, You consent to (i) the collection and storage by Amazon, of Your and Your partners’ name, contact details (if any), hashtags in relation to Your or Your partners’ name and any other information provided by You during the Campaign. You agree and understand that since the Campaign is generated electronically, it may be possible that the hashtag offered to or opted by You is also offered to multiple other users and You agree to make no claims in relation thereto.
  • Company reserves the sole and exclusive right/s to make amendments to these Terms (and all the documents included by reference) including without limitation change the rules and structure of the Campaign at any time without prior or subsequent notice, and the User agrees to be bound by the amended terms and conditions.
  • To the maximum extent permitted by law; the User hereby agrees and acknowledges that the participating of such User in the Campaign and provision of details of the User’s partner/family/friend is with the consent of such partner/family/friend (as the case may be) whose personal details are being provided, and the User (including on behalf of his/her friend/family/partner) irrevocably waives his/her right to raise any dispute with regard to the Campaign and/or any other matter in connection therewith. You agree, represent and warrant that You are not providing any confidential information or sensitive personal data or information for the purposes of generating the hashtags.
  • By participating in this Campaign, You give Amazon and/ or its affiliates permission to use Your image, name and likeness as such may be embodied in any information provided by You including digital images, and the likes, obtained or created in relation to the Campaign and for any promotions, events, or contests to follow, if any (“Attributes”). You agree that Amazon and/ or its affiliates have the right to publish Your Attributes and any other details regarding You in course of any communication, promotions, events, or contests that may follow. You acknowledge that You will not receive any compensation, etc. for Amazon’s use of Your Attributes and hereby release Amazon and/ or its affiliates and its agents and assigns from any and all claims which arise out of or are in any way connected with such use of Your Attributes. You give Your consent and agree that Amazon and/or its affiliates, agents and assigns have the right but not the obligation to use Your Attributes in connection with the Campaign and/or otherwise.
  • You confirm that Your participation and entry of requisite details/information for the purposes of the Campaign does not contain content that is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, 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; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature; impersonate or provide details of any another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. You confirm that Your usage of the hashtags generated by the Website shall not be used for any other campaign, or for any purpose that is deemed to be contravention with the applicable law.
  • Warranty Disclaimer: You agree that Your participation in the Campaign shall be at Your sole risk. To the fullest extent permitted by law, Company, including its affiliates, and each of their respective officers, directors, employees, third party service providers, and agents disclaim all warranties, express or implied, in connection with the Campaign. Without limiting the foregoing, to the fullest extent permitted by law, Amazon, including its affiliates, and each of their respective officers, directors, employees, third party service providers, and agents disclaim all warranties, express or implied, in connection with the Campaign, generated hashtags and your participation in the Campaign and/or your use of the Website. Amazon makes no warranties or representations about the accuracy or completeness of content on the Website or the content of any websites linked to the Website and assumes no liability or responsibility for any
    1. errors, mistakes, or inaccuracies on Website,
    2. personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website and/or your participation in the Campaign,
    3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
    4. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
    5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
    6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  • You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
    1. You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
    2. Your violation of any term of these Terms and Conditions or
    3. Your violation of any third party right, including without limitation any copyright, property, or privacy right; This defence and indemnification obligation will survive the efflux of time. The User shall not in any circumstances make any claims against Company, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults in the internet service provider’s network and /or connections that may directly or indirectly affect participation or non-participation of the User in the Campaign in any manner whatsoever.
  • Notwithstanding the foregoing, under no circumstances will Company, its affiliates and assignees be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. You specifically waive Your right to seek injunctive relief against Company and/or the Campaign to the maximum extent permitted by law;
  • MISCELLANEOUS: If any provision of these Terms is deemed invalid by any law or a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Company reserves the right to amend, modify and/or supplement these Terms at any time and without notice, and it is Your responsibility to review the Terms for any changes. Your continued participation in the Campaign following any amendment of these Terms will signify Your assent to and acceptance of its revised terms. These Terms or any part thereof, may not be transferred or assigned by You, but may be assigned by Company, without restriction. The User acknowledges that the representations and warranties, indemnities, limitation of liability, governing law, dispute resolution, warranty disclaimer shall survive the efflux of time; Nothing herein shall be deemed to create a partnership, agency or an employer-employee relationship between the User and the Company. The User agrees and acknowledges that this Campaign may be cancelled/postponed/abandoned for any reason including due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Company and such non-performance or failure shall not be deemed as a breach of the Terms. Failure by Company to enforce any of these Terms in any instance will not be deemed to be a waiver of the Terms and will not give rise to any claim by any person.
  • GOVERNING LAW: The Contest and these Terms and Conditions are governed by laws of India. The Contest and all the accompanying materials are copyright of the Company. All rights are reserved. Courts of Mumbai shall have the exclusive jurisdiction in respect of any disputes arising hereunder. This Contest is being conducted to the total exclusion of the Platform or any of its affiliates.