Terms and Conditions – Lucky shopper contest
The Lucky Shopper Contest (“Contest”) is conducted by Xiaomi Technology India Private Limited (“Xiaomi”) on the Mi Store India android & iOS app (“App”) and https://www.mi.com/in (“Website”).
These terms and conditions (“T&Cs”) govern the conduct of Contest. Please read these T&Cs before entering or participating in the Contest. You agree that by participating in this Contest you will be bound by these T&Cs and you acknowledge and agree that you satisfy all Contest eligibility requirements as provided below.
For the purpose of these Terms, wherever the context so requires, “you” or “user” shall mean any natural or legal person who has agreed to participate in this Contest. The term “Xiaomi”, “we”, “us”, “our” shall mean Xiaomi and its affiliates.
Contest Period: The Contest will be held from 10 October 2023 00:00 hours to 14 November 2023 11:59:59 hours (referred to as “Contest Period”).
How to Participate
5. If you purchase any variant of ‘Mi’, and/or ‘Xiaomi’ branded products (“Eligible Products”), from the Website or the App during the Contest Period, you will automatically be eligible for the Contest.
6. You can participate in the Contest only if you:
(i) can form legally binding contracts under Indian Contract Act, 1872;
(ii) are residing in India;
(iii) purchase Eligible Products from the Website or App during the Contest Period
(iv) possess proof of age, identity and place of residence.
7. You can participate only once in this Contest during the Contest Period, irrespective of the number of products you purchase, provided that you are participating with the same mobile number.
Winners and Prize offered
Selection of Winners: Xiaomi shall, from the list of participants who have purchased an Eligible Product, randomly pick names of 5(five) lucky winners from such list of participants through a lucky draw (“Winner(s)”).
Each Winner shall be offered a chance to watch the show titled as “Kaun Banega Crorepati Season 15” (“Show”) (“Prize”) produced by Culver Max Entertainment Private Limited (formerly known as Sony Pictures Networks India Private Limited), (“Company” or “CMEPL”).
The Winners will be announced on 24 November 2023 on the Website and the App and through the various Xiaomi social media handles.
Enrollment in the Contest does not guarantee Your selection or participation in the Show and such selection shall be as per the sole discretion of the Company or its affiliates.
Xiaomi shall reach out to the Winners and the Winners will be required to provide certain personal information (“Personal Information”) including but not limited to Name, Phone Number, proof of identity, proof of address and proof of place of residence.
An enrollment is not transferrable and You shall execute the requisite document/s (if any) as and when requested by the Company for the purpose of the Show and/or utilization of the Personal Data.
The Winners will be required to provide the details sought by Xiaomi within the prescribed time failing which the Winner shall forfeit the chance to win the Prize and Xiaomi reserves the right to choose another Winner or deal with the Prize it in any other manner as it deems fit. The decision of Xiaomi regarding the Winners of the Contest shall be final and binding on all participants.
All Winners are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by Xiaomi and complete compliance with these terms and conditions. Xiaomi reserves the right to verify the Winner’s details either on its own or through its authorized agency / person and the Winner shall provide all necessary assistance in such verification. In exercising this right, Xiaomi may ask the Winner to provide any documentary or other form of evidence, and if evidence does not establish the same then Xiaomi, in its sole discretion, will have the right to disqualify the Winner and no claims shall be entertained in this regard.
Xiaomi further reserves the right to reject any entry by a participant / Winner which is either invalid, incomplete, is derogatory or the documents submitted by the Winner prima facie appears to be false and fabricated.
The Winners cannot not exchange the Prize for other rewards, or refundable, replaceable or transferable for cash or credit under any circumstances.
You hereby understand and agree that the Prize provided by Xiaomi only includes providing you a chance to watch the show live from the studios, and does not include any other costs or arrangements including travel and/or accommodation. Neither Xiaomi nor the Company shall be responsible for travel costs or costs of accommodation which may be arranged by you independently.
You agree that Xiaomi shall not be liable for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or with the acceptance, of the Prize (except any liability which may not be excluded under applicable law). The Prize shall be on “AS IS” basis.
Personal Information and Confidentiality
20. You permit and consent to the Website and the App collecting, retaining, processing and sharing the details provided by you, including Personal Information, with Xiaomi for the purpose of conducting and fulfilling this Contest. You also permit and consent to Xiaomi to share your details including Personal Information for the purpose of fulfilling the Contest, for contacting you as the Winner or for any other reason related to your order, and/or to send you other promotional offers.
21. Employees of Xiaomi and its affiliates, their immediate family members (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren), and employees of the Company and Xiaomi’s advertising agencies, Mi Outlets and Contest partners are not eligible to participate in this Contest.
22. You agree and consent that any and all information submitted by you including but not limited to the Personal Information may be required to be shared with the Company and other third parties engaged by Xiaomi, for the purposes of providing you the Prize, for verifying and/or to audit the authenticity of the entries received from you.
23. If selected as Winner, you give Xiaomi the right (in perpetuity) to publish and broadcast anywhere in the world, for editorial, advertising, promotional, marketing and/or other purposes and in any media, your name, image and/or photograph (except where prohibited by law) without any further permission or consent or consideration in any form, including but not limited to, royalty.
Indemnity and Liability
24. You hereby agree to indemnify and keep Xiaomi, its associated companies, its event management company, its authorised third party agency and their respective directors, officers, employees, contractors and agents, indemnified against any and all losses, claims (including but not limited to third party claims), injuries, costs, fees, fines, penalties, taxes, charges and any other liability arising out of any act of omission, commission, fraud, negligence or misconduct by you.
25. The Company shall not be responsible for negotiation, entry into or breach of any agreement between the You and the Xiaomi (whether during or after the production of the Show and whether or not such negotiation culminates in a binding agreement).
26. UNDER NO CIRCUMSTANCES, WILL XIAOMI OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSSES OR DAMAGES ARISING FROM THE CONTEST, UNDER TORT, COMMON LAW OR UNDER PUBLIC POLICY, EVEN IF SUCH PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
27. The Company, evaluation panel, the host, the advertising agencies, the sub-contractors used by Company for the Show, and any person or entity connected with the production (including the format owners of the Show), administration or judging of the auditions, the Show (the “Relevant Parties”) shall be under no liability whatsoever to you, in respect of any loss, damage suffered by you arising from the administration including any printing, typographical or technological errors in any materials associated with the enrolment process/Contest and/or in any manner whatsoever. Notwithstanding the generality of the foregoing, the Relevant Parties expressly exclude liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, opportunity, business, revenue, goodwill or anticipated savings pursuant to the Contest and/or Show. In no event will the measure of damages include, nor will the Relevant Parties be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to you; or circumstances beyond the Company including the Company’s reasonable control.
28. You agree that you shall indemnify, defend, settle and shall hold harmless the Company any other person in connection with the Show, against any and all loss, claim, demands, costs, damages, judgments, expenses or liability (including legal costs) including third party claims of whatsoever nature at all time arising out of and in connection with including but not limited to (i) any claims of infringement of any third party rights (ii) any leak or disclosure of their idea/product/invention/service or business information (iii) any misrepresentation, misconduct, fraud by you informed/expressed by you (iv) any breach of law (v) any breach of these T&Cs.
Other Terms & Conditions
29. The participation in the Contest is voluntary. Participation in this Contest constitutes acceptance of these terms and conditions. By participating in this Contest, you agree to receive communication(s) from Xiaomi and/or its affiliates relating to the Contest unconditionally agree not to make any claim or raise any complaint against Xiaomi and/or its officers, directors, employees, subsidiary or any authorized third-party agency in this respect.
30. Xiaomi reserves the right to alter, modify or cancel any T&Cs herein, or modify, terminate or withdraw the Contest at any time during the Contest Period at its sole discretion without prior notice or assigning any reason thereof.
31. Xiaomi retains the right to contact the participants any time during or after the expiry of the Contest.
32. There is no levy of an entry fee for participation in the Show. Any person who claims to be from the Company/Xiaomi and asks you to pay an entry fee for participation in the Show is defrauding you and you should report this to the local police immediately. There are also no lotteries, prize monies, cash prizes etc. distributed by the Company or the Show. Any person who claims to be from the Company and offers any lotteries, prize monies, cash prizes etc. to anyone is defrauding you and you should report this to the local police immediately.
33. Xiaomi or any of its affiliates and the Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to you and arising as a result of your participation in the Contest.
34. The Company and its sub-contractors cannot and shall not be held accountable/liable for any disruptions/ stoppages / interruptions or cancellation of the Contest.
35. Xiaomi shall not be held responsible if the Company denies you entry into the Show. Xiaomi shall also not be held accountable/liable for any disruptions/ stoppages / interruptions or cancellation of the Show.
36. This Contest shall be governed by the laws of India. All disputes with respect to this Contest shall be subject to the exclusive jurisdiction of the courts in Bengaluru, India.
37. Contest shall be void in any state where prohibited by law. All relevant national and local laws apply. Individuals residing in such states shall not be eligible to participate in the Contest. In such case, Xiaomi shall not be liable to provide any free cash-back, gift(s) or compensation to the participant on any account. Conducting this Contest is prohibited in the state of Tamil Nadu and thus, customers residing in the state of Tamil Nadu are not eligible to participate in this Contest.
38. Failure by Xiaomi to enforce any of its right at any stage does not constitute a waiver of those rights.
39. If any provision of these T&C’s is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of T&Cs and the remainder of the affected provisions shall continue to be valid.
40. XIAOMI DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.