You agree to indemnify, save, and hold Us, Our affiliates, contractors, employees, officers, directors and agents harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of Our Services, or the Website, or any Travel Products, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein.
Participate in our #WorldTourismDay2023 Giveaway (the “Contest”) inspired by 27th September 2023 which has been declared as the World Tourism Day on Instagram & Facebook & win an attractive gift hamper.
Participation in this Contest constitutes acceptance of the following terms and conditions (“Terms and Conditions”) and the participants shall be bound by the Terms and Conditions of the Contest. The Terms and Conditions are an electronic record in the form of an electronic contract formed under Information Technology Act, 2000. The Terms and Conditions do not require any physical, electronic or digital signature.
Please read these Terms and Conditions carefully before participating. Blinctrip reserves the right to cancel or amend the contest or the Terms and Conditions at any time without prior notice.
The contest will run from 11:00 hrs IST on 28th September 2023 till 23:59 hrs IST on 30th September 2023 (“Contest Days”).
Entries received after the Contest Days and time will not be considered and no communication will be entertained by Blinctrip in this regard. Selection of the winner entry will be at the sole discretion of Blinctrip.
- This Contest is open to participants aged 18 years or above.
- Contest is valid only for Indian citizens residing in India. If the participant is residing and/ or accessing the Contest from any region where the Contest made available is prohibited or restricted by the law or other reasons, then the participant is prohibited from entering into the Contest. The participant shall be responsible to comply with all applicable laws in their territories.
- Employees, officers, directors, and their relatives (whether residing in the same household or not) and/or those living in the same household of each, of Blinctrip, sponsors and their respective parents, associates, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, and any and all companies professionally connected with this Company, are not eligible to participate in this Contest.
The participants’ general knowledge of Indian folk art will be tested during the game. The participants will have to match the given four folk art to the four relevant states. Further, participants must tag five of their friends and follow Blinctrip’s social media pages in accordance with the terms and conditions prescribed herein.
How to participate on Instagram:
To participate in the #WorldTourismDay2023 Giveaway on Blinctrip’s official Instagram account, the participants are required to perform the following:
- Match the folk art with the correct state of India.
- Follow our Official Instagram account @blinctrip
- And tag 5 friends on Blinctrip’s Instagram Contest post in accordance with the terms and conditions prescribed herein.
How to participate on Facebook:
To participate in the #WorldTourismDay2023 Giveaway on Blinctrip’s official Facebook account, the participants are required to perform the following:
- Match the folk art with the correct state of India.
- Follow our Official Facebook account @blinctrip
- And tag 5 friends on Blinctrip’s Facebook Contest post in accordance with the terms and conditions prescribed herein.
Terms of participation:
- These Terms and Conditions will govern the relationship between the participant and Blinctrip with respect to the participation in the Contest.
- Entries will be selected from individual participants only.
- Entries must be in accordance with the instructions given in the Contest posts on Blinctrip’s Instagram and Facebook account.
- Entries not submitted in accordance with the instructions provided by Blinctrip and the Terms and Conditions, shall not be considered and Blinctrip shall bear no responsibility for any such entries. In case any entry is not in conformance with the Terms and Conditions, then Blinctrip may delete/disqualify such entries without any notice to the participants, at its sole discretion.
- In case of any dispute/issue regarding the contest made available the decisions of Blinctrip shall be considered final and binding in the matter on all parties involved.
- You warrant that (a) you are legally competent to enter into binding contracts under applicable laws; and (b) all information you have provided, including your name, age, state, city, address, etc. is true, correct, accurate and complete and that you are authorized to provide such information, and consent to the use of such information by Blinctrip and its advertising agency/event management company.
- There is no participation fee for this Contest and no purchase is necessary to be eligible to participate in this Contest. By participating in this Contest, you agree to receive communication(s) from Blinctrip and/or its authorised third-party agency/ Event Management Company relating to the Contest, and you unconditionally agree not to make any claim or raise any complaint against Blinctrip and/or its officers, directors, employees, subsidiary or any authorized third-party agency in this respect.
- You represent and warrant that your entry to the contest thereof (i) do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (ii) are not subject to any third-party agreements, and that Blinctrip will not be required to pay or incur any sums to any person or entity as a result of their ownership, acquisition, use or exploitation of the entry, or rights therein; (iii) were made with the understanding that all required permissions have been obtained; (iv) do not contain any content that is likely to be considered offensive by Blinctrip or that could adversely affect the name, reputation, or goodwill of Blinctrip, and; (v) the entry uploaded is of the participant alone and not of any third person viz. celebrity/actor etc.
- The user/ participant herein agree, confirm and undertake that it shall be their responsibility to check the Terms and Conditions in respect of the contest periodically and stay updated and informed in respect of the same.
- Blinctrip reserves the right to disqualify any entry at its sole discretion, and also disqualify any entries which in Blinctrip’s sole and absolute discretion (i) include trademarks, logos, copyrighted material or confidential information not owned by participant or used without permission (such as company names, music, photographs, works of art or images published on or in websites, television, movies or other media); (ii) refer to public figures; (iii) contain profanity, pornographic or sexual content, content promoting alcohol, illegal drugs, tobacco, or firearms or weapons, hateful content of any kind, content that promotes violence or harm to another living creature; (iv) promote a political agenda regardless of the political affiliation and regardless of Blinctrip’s treatment of other entries that may or may not promote a political agenda; (v) defame, misrepresent, or contain offensive/disparaging remarks about other people (living or dead), companies, brands, communities, gender, physical/racial attributes; or (vi) encourage money laundering or gambling or otherwise unlawful in any manner whatever; (vii) cause annoyance or inconvenience or deceive or mislead the customers about the origin of such content which is grossly offensive or menacing in nature; (viii) opposed to standards of morality or decency, be lascivious or appeals to prurient interest or the effect thereof is such as to tend to deprave or corrupt any person; (ix) contain materials embodying the names, likenesses, photographs or other identifying elements of any person, living or dead, without permission; (x) are such that they could give ground for action for defamation or misrepresentation or breach of confidence or breach of copyright or is otherwise offensive to the public; (xi) are such that communicate or incite terrorism, misuse of weapon, or encourage or incite a person to commit criminal offence; or (xii) are such that suggest or encourage or incite any person to use harmful substance or engage to dangerous practices; (xiii) breach the Terms and Conditions herein;
- All entries submitted as part of the contest shall become the exclusive property of Blinctrip owned by it exclusively. By participating in this Contest, you hereby grant permission to Blinctrip and agents of Blinctrip to use the photograph, entry, images, image captions and stories uploaded on Blinctrip’s Instagram or Facebook accounts/ sent to Blinctrip and they shall remain the property of Blinctrip for use at Blinctrip’s sole discretion in perpetuity, without any notice/ permission/ royalty to you. Furthermore, the participants hereby consent, agree and confirm that their entries may be stored within servers of Instagram, & Facebook and such storage of participant data shall be governed by the applicable laws where such servers maybe located and the policies of the social media platforms, in respect of which Blinctrip shall have no liability whatsoever.
- Neither Blinctrip nor any of its subsidiaries, affiliates, respective officers, agents and employees, nor any Internet access providers are responsible for the incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, lost/delayed/ misdirected mail, omission, interruption, deletion, defect, line failure of any telephone or other network, computer equipment, software or any combination thereof, inability to access Blinctrip, Instagram, Facebook pages or Blinctrip’s Contest posts, for problems in uploading or downloading any Contest-related materials, or any printing or typographical errors in any materials associated with Contest, or for late, lost, damaged, misdirected, incorrect or incomplete entry or any delay, damage, non-receipt, lost or misrouted prizes.
- If for any reason any aspect of this Contest is not capable of running as planned, including by reason of computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of Blinctrip which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Blinctrip may in its sole discretion cancel, terminate, modify or suspend this Contest, or invalidate any affected submissions, without giving any reasons or prior notice.
- Blinctrip may, in its sole discretion, disqualify any submissions, and prohibit further participation in this Contest by any person who tampers with or benefits from any tampering with the submission process or with the operation of this Contest or acts in violation of these Terms and Conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
- Blinctrip shall not be responsible and/or liable for any/all disputes regarding acceptability, suitability, delivery, service, defects, deficiency, performance or quality of the services /products provided under the Contest.
- Comments other than those related to the Contest, posted on the Contest post, will be deleted.
- Any derogatory or defamatory comments or comments related to politics, religion, etc will be immediately disqualified.
Prize and related terms:
- Blinctrip shall have the sole and exclusive authority to choose One (1) winner from each platform i.e. Facebook & Instagram, who will each receive a gift hamper which shall be delivered to the winner at the postal address provided by them to Blinctrip. Winners will be chosen at the absolute discretion of Blinctrip in accordance with the Terms and Conditions herein.
- All entries are subject to verification of eligibility and compliance with these Terms and Conditions. Besides this, Blinctrip has the right to disqualify any entry without prior notice.
- The winner would be announced on Blinctrip’s official social media accounts on Instagram and Facebook at the end of the Contest Days. Blinctrip, however, reserves the right to use any other method or medium at Blinctrip’s sole and absolute discretion for announcing the Contest winner.
- The Contest winner must establish contact with Blinctrip within 5 (five) days of the winner intimation / announcement via direct message of the respective platform (Facebook & Instagram) and provide details as may be required by Blinctrip. Failure to do so will result in forfeiture of such Contest winner’s prize. The acceptance of the Contest prize(s) by the winner is purely voluntary. In case any such winner does not desire to avail of the same, he/she shall communicate it in writing to Blinctrip.
- In the event any Contest winner is unreachable, ineligible, fails to submit the relevant documents, or fails to pay the applicable taxes (if any), rejects delivery of the Contest prize, fails to claim the Contest prize within the stipulated time or violates any of the terms and conditions prescribed herein, the Contest prize shall stand forfeited, and no claims shall be entertained in this regard. Blinctrip herein reserves the right to choose another winner in their place.
- Each Contest winner will be given only one (1) prize, irrespective of him/her giving multiple valid entries on multiple social media platforms i.e. Instagram & Facebook, during the Contest Days.
- All winners are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by Blinctrip and complete compliance with these terms and conditions. Blinctrip reserves the right to verify the winners’ 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, Blinctrip may ask the winner to provide any documentary or other form of evidence, and if evidence does not establish the same then Blinctrip, in its sole discretion, will have the right to disqualify such winner and no claims shall be entertained in this regard.
- Blinctrip 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 prize cannot be exchanged with any product or item, is non-transferable and cannot be encashed under any circumstances. No other offers/contests can be clubbed with this Contest.
- Blinctrip reserves the right to substitute any prize with prize(s) of comparable value at its sole discretion. No request from participants/winners for substitution of prizes with any other item/cash will be entertained by Blinctrip.
Terms for giveaway:
- In order to avail the Contest prize, participants are required to register and create a Blinctrip account, wherein participant are required to provide valid e-mail ID’s.
- The winner must provide an existing, valid postal address to Blinctrip, where the Contest prize shall be delivered. In case the postal address provided is incorrect, unavailable or unserviceable, the winner shall be deemed to have forfeited the prize, and Blinctrip reserves the right to select another winner in such event.
- The handling, shipping, delivery and return of the Contest prize shall be handled by Jini Arts in collaboration with Blinctrip and shall be governed by the terms, conditions and policies as prescribed by Blinctrip.
- In order to claim the Contest prize, the winner will have to submit a valid self-attested photo identification proof (copy of Voter ID Card/Passport/driving license/Aadhar Card) and Address Proof (copy of Voter ID Card/ Passport/driving license/Aadhar Card/Electricity Bill) within such time period as provided in the email / direct message on the platforms (Facebook and Instagram) which may be sent to the winner of the contest or any other document as may be required by Blinctrip, as communicated.
Additional terms and conditions:
- By participating in the Contest, the participant attests that his/her entry (and all elements depicted therein) are his/her own and original and also attest that use of the entry details (and all elements depicted therein) shall not violate the right of any third parties and shall not violate central, state or local laws or rules or ordinances.
- By entering this Contest, and to the extent allowed by law, the participant/winner (i) agrees that the results and proceeds of entries including but not limited to the pictures of the winner clicked whilst receiving the prizes, if any, shall be the property of Blinctrip, and will be owned exclusively by Blinctrip worldwide (ii) grants Blinctrip the absolute right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the entries and the entries themselves in perpetuity in any and all media including but not limited to digital and electronic media, computer, print, audio and audio-visual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further permission, approval, consent or consideration in any form, (iii) agrees that email may satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights, (iv) waives and releases Blinctrip from any and all claims that participants/winner may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" or unfair competition with respect to Blinctrip’s exploitation of entries without further compensation to participants of any kind, (v) agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Blinctrip or its sponsor partners, or any other person, on the grounds that any use of any entry, or any derivative works, infringe or violate any of participants’ rights therein, and (vi) agrees that no entries will be returned to participants. Participants also agree that Blinctrip shall have the right and permission to use the name, photograph, testimonial, stories or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of the winner to the extent permitted by law. Participants also agree that Blinctrip may have access to, may have created, or may in the future create designs, ideas and concepts that may have familiarities or similarities to his/her entry/comment, and that he/she will not be entitled to any compensation or right to negotiate with Blinctrip because of these familiarities or similarities.
- The participant agree that they have no fiduciary duty or relation with Blinctrip in any manner whatsoever.
- Blinctrip will not enter into any correspondence, including email, with non-winning participants. Blinctrip reserves the right, in its sole discretion, to disqualify any individual found tampering with the entry process or entry materials.
Exclusion of liability:
- Blinctrip and its related companies and agencies will not be liable for any loss (including, without limitation, indirect, special, or consequential loss or loss of profits), expense, damage, personal injury, or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this Contest or the acceptance or use of any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- Nothing on the Page, or on any other website of Blinctrip, or relating to this Contest, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Blinctrip or its related companies or any third-party, whether by estoppels, implication or otherwise.
- Blinctrip and/or its agent shall be licensed to evaluate all submissions for the purposes of this Contest, including verification and as specified in these terms and conditions.
- The software, programming code and media relating to Blinctrip’s Instagram & Facebook accounts and Contest - related communication is protected by the applicable laws of copyright, trademark, patent, unfair competition and other applicable laws of India.
- Blinctrip accepts no responsibility for licensing and copyright issues of the uploaded and/or edited images. Should any participant have questions about licensing issues and copyright, the participant must contact their appropriate local legal services forum for advice.
- Blinctrip’s decision shall be final and binding in all matters relating to this Contest and no correspondence will be entertained in this regard.
- Blinctrip reserves the right to change these Terms and Conditions without prior notice.
- A participant shall be deemed to have notice of any such amendments or interpretations upon publication of the same on Blinctrip’s Instagram & Facebook accounts and shall be deemed to have accepted such amendments or interpretations by virtue of his/her continued participation in this Contest.
- Apart from the entitlement to the Contest prize/s, the winner will have no other rights or claim against Blinctrip.
- Blinctrip shall not be liable for any failure to comply with its obligations or any loss or damage caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, acts of God or any other circumstances amounting to Force Majeure.
- The photos of the winner of the Contest might be used in any campaign/promotions organized by Blinctrip.
- In the event of any conflict or inconsistency regarding any instructions, rules and conditions on any advertising or promotional material relating to the Contest, these Terms and Conditions shall prevail over all such other instructions, rules and conditions.
- Failure or delay by Blinctrip to enforce any of its rights at any stage does not constitute a waiver of those rights. The exercise of one or more of Blinctrip’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to Blinctrip under these Terms and Conditions or in law or at equity. Any waiver by Blinctrip shall only be made in writing and executed by a duly authorized officer of Blinctrip
- Contest shall be void in any state where it is prohibited by law. In such case, Blinctrip shall not be liable to provide any free cash-back, gift or compensation to the participant on any account.
- This Contest is in no way sponsored, endorsed or administered by, or associated with any social media platform. The participant will be providing their information to Blinctrip and not to social media channels. By participating in the Contest, the participant hereby consents to the accessing of information of the user on social media platforms of Blinctrip in India or anywhere else by Blinctrip and/or its authorized third-party agency for the purpose of this Contest.
- If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible under law so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Conditions shall continue in full force and effect. Blinctrip may amend the Terms and Conditions in a reasonable manner so as to make such provision enforceable and incorporate necessary amendment Terms of Conditions.
- The participants and Blinctrip are independent parties, and nothing in these Terms and Conditions will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the participant and Blinctrip. Blinctrip and the participant have entered this Terms and Conditions on principal-to-principal basis.
Intellectual property rights:
All rights, title and interest including but not limited to the Intellectual Property Rights in the promotional material(s) and any/all entries received shall vest solely and exclusively with Blinctrip at all times and Blinctrip shall be entitled to use the database of the entries received or any information in any media for future promotional, marketing and publicity purpose without any further reference or payment or compensation to the participant. Participant shall be solely responsible for any consequences which may arise due to any kind of infringement of copyrights or any kind of intellectual property rights belonging to any other person/ entity etc. and undertake to indemnify Blinctrip, its authorized third-party agency and their officers, directors, employees, etc. on the happening of such an event (including without limitation cost of an attorney, legal charges etc.) on the full indemnity basis.
- Participation in this Contest is purely voluntary.
- The data shared by the participant i.e., Name, Mobile Number, Email ID and Postal Address, will be used in confidence by Blinctrip and its other partners, and the same shall be maintained in records of Blinctrip for a reasonable period of time as is permitted under law.
- Any participant who is suspected of any act of hacking would immediately be disqualified from the Contest or any ongoing promotion without any notice.
- By participating in this Contest, participants agree to be bound by the terms and conditions and regulations of Blinctrip.
The decision of Blinctrip as to the interpretation of any clause shall be final and binding on all participants/Winners.
- The participant herein agree to indemnify, defend and hold harmless Blinctrip, its holding company, subsidiaries, associate, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Participants breach of this Terms and conditions; or (ii) Any claims made by any third party due to, or arising out of, or in connection with, Your entries provided in the contest; (iii) Participants violation of any rights of another, including any intellectual property rights; (iv) Participants violation of any applicable laws.
- Notwithstanding anything to contrary in this Terms and Conditions, in no event shall Blinctrip’s subsidiaries or associate or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the participant or anyone claiming through the participant in respect of any subject matter of this Terms and Conditions or Contest under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not.
This Contest is governed by Indian law ONLY. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction in Mumbai, India only which shall have exclusive jurisdiction in respect of all subject matter with relation to the Contest. If there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if technical difficulties compromise the integrity of the Contest, Blinctrip reserves the right to void suspect entries and/or votes and/or terminate the Contest and award the prizes from among all eligible entries. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or vote repeatedly is prohibited. In the event of a dispute as to the identity of a participant, the entry in question may be disqualified subject to Blinctrips’ discretion. Should the Contest be terminated prior to the stated expiration date, Blinctrip will endeavor to post notice of termination on the Blinctrip Facebook page (https://www.facebook.com/blinctrip) and Instagram account (www.instagram.com/blinctrip). All ‘Facebook’ / ‘Instagram’ User Terms and Conditions along with these terms and conditions shall apply to this Contest.
ALL PARTICIPANTS ACCEPT THE CONDITIONS STATED IN THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THE DECISION OF BLINCTRIP, AND WARRANT THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST AND RELEASE BLINCTRIP FROM AND AGAINST ALL CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THEIR PARTICIPATION AND/OR ENTRY IN THE CONTEST AND/OR AWARDING OF OR USE OF ANY PRIZE AWARDED IN THIS CONTEST. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BLINCTRIP RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. THE PARTICIPANTS AGREE TO INDEMNIFY AND HOLD HARMLESS BLINCTRIP, ITS ASSOCIATED COMPANIES, AUTHORISED THIRD-PARTY AGENCY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRY/RESULT, OR USE THEREOF, OR BY RESPECTIVE PARTICIPANTS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST.