Coolwinks Technologies Private Limited (“Coolwinks”) is undertaking a contest, as detailed below, to improve awareness of brand Coolwinks and its allied and sub-brands (“Contest”). This Contest is subject to the following terms & conditions (“Terms & Conditions”). If any of the participant(s) does not agree with these Terms & Conditions, such participant(s) is advised not to participate in the Contest and Coolwinks shall have no liability towards such participant(s) in any manner whatsoever. Participation or submission of entry or doing the transaction for the Contest shall be deemed acceptance of the Terms & Conditions by such participant(s). Coolwinks reserves the right in its sole and absolute discretion to amend/change/vary/terminate all or any of the terms and condition for the Contest or terminate the Contest at any time without giving any prior notice. By entering into the Contest, the participant(s) agrees to such terms as amended from time to time. Coolwinks is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Contest.
For the purposes of these Terms & Conditions, wherever the context so requires, "You" or "Your" shall mean any natural person who is a eligible participant in the Contest in accordance with the Terms & Conditions and the “Company”, Coolwinks “Us”, “We” and/ or “Our” shall mean Coolwinks Technologies Private Limited, a company registered under the Companies Act, 1956 having its registered office at A-8, Infocity 1, Sector 34, Gurugram – 122001, Haryana, India.
Name and Duration of the Contest
- Name of the Contest: Shop & Get Zomato Gold Annual Membership For Free
- The Contest shall be hosted on the website www.coolwinks.com, including its mobile application (“Website”) valid only on prepaid eyeglasses orders. The Contest will be commencing on 17th April 2020 (00:00 hours) Indian Standard Time (“IST”) and shall end on 30th April 2020 (23:59 hours) IST on the Website. Coolwinks may at its sole discretion extend or limit the period of the Contest without any prior intimation.
- Please note that Coolwinks may be running similar contests or promotions at the same time as this Contest. This Contest cannot be combined with any other offer or promotion currently being offered by the Coolwinks. By entering this Contest, you will not be eligible to receive any benefit awarded in any other promotion/ contest unless you enter each promotion/ contest separately.
- The Contest is only open to the registered members of the Website who are Indian citizens residents in India and are of an age of 18 years or above and who are physically located and residing in India at the time of entry or doing the transaction for the Contest. Contestants below 18 years of age may participate in the Contest through their parents or guardian(s). The Contestant should have a billing address within the territory of India except in the states or territories in the Republic of India where Contest or any similar prize schemes are not legally allowed. Applicable for both existing & new shoppers on Coolwinks.
- An eligible person accessing the Website from a foreign IP address may not be able to participate due to the Contest being geo blocked outside India.
- Employees of Coolwinks, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members of Coolwinks, its affiliates, subsidiaries, and divisions, advertising and promotion agencies, and all others associated with the design, execution, production, development, and promotion of this Contest or are connected to this contest in any way are not eligible to participate in the Contest.
- The participant(s) undertake, warrant and guarantee to Coolwinks that the participant(s) has the full legal capacity to participate in the Contest in accordance with these Terms & Conditions.
How to Participate
- Eligible participant(s) need to follow the below rules:
Only on compliance with the process provided in para 3.1 above by the participant(s), he/she stands a chance to win the Contest.
- Shop at Coolwinks between 17th April 2020 (00:00 hours) to 30th April 2020 (23:59 hours) & share your Order ID in comment section of the contest post to get a chance to win Zomato Gold Annual Membership for Free*.
- No min. order value required.
- Valid only on Prepaid Eyeglasses Orders placed via Coolwinks Desktop, Mobile Website, App (Android & iOS).
- Valid for orders wherein no return request is placed within 14 days from the date of delivery.
- Offer valid from 17th April 2020 (00:00 hours) to 30th April 2020 (23:59 hours).
- There is a 15-day validity period to ascertain eligibility.
- Offer cannot be clubbed with any existing offer, promo code or CoolCash.
- Zomato Gold Membership is non-transferable and non-refundable.
- Valid once per user during the offer period.
- Coolwinks.com's selection of the winners will be final and binding on all participants.
Zomato & Coolwinks have the right to amend the terms & conditions, end the offer, or call back any or all of its offers without prior notice.
- Coowinks reserves the right to cancel the offer if the same have been found to be purchased with fraudulent means (by taking advantage of a technical glitch; or by misusing the offer terms/guidelines/codes) and/or the beneficiary/Know Your Customer ("KYC") details as per RBI Guidelines are found to be incorrect/insufficient. Coolwinks will not be liable to pay any refund to the customers in all such cases.
- In case of any membership-related query or concern, please reach out to Coolwinks at 0124-4445800 or write to email@example.com.
Selection of Winners and Result Announcements:
- From the eligible participants Top Spenders will be selected as winners under this Contest (“Winners”).
- All the Winners will be announced on 15th May 2020. Winners of the contest will be declared on the brand's social media pages (Facebook, Instagram and Twitter). Further, management will make reasonable efforts to contact and intimate the winners based on the information given by the participants during the contest (email/SMS). The Winner(s) may forfeit their claim to the Prize if they do not meet the eligibility criteria or do not comply with these Terms & Conditions.
- As the winning prize, Top Spenders shall win Zomato Gold Annual Membership For Free.
- Prize or any benefit(s) arising to the participant(s)/Winner(s) shall be non-transferable. Prize is not assignable or exchangeable. Prize cannot be negotiated or refunded. Only the Winner(s), and no other person, may claim the Prize. No cash payment in lieu of the Prize shall be given to the Winner(s).
- Prize shall be subject to these Terms & Conditions and compliance with all applicable statutory legislations/ processes /formalities as may be applicable to specific Prize.
- This Contest requires the participant(s) to provide personal information such as name, email id, address and mobile number, photograph, identity proof, address proof and the PAN card (“Personal Identifiable Information”). The Personal Identifiable Information may be requested to process the results of the Contest (for example, identifying entries/transactions, etc.), declare and inform the Winner(s) of the Contest. Coolwinks may, at its discretion, contact the participant(s) if required, for any clarifications needed for the information provided during the registration and short-listing processes. Failure to provide Personal Identifiable Information, proof or clarifications required by Coolwinks in this regard within 7 working days from receiving the email with the above requested would result in disqualification of the participant(s) from the Contest.
- All Personal Identifiable Information requested by and supplied to Coolwinks by the participant(s) must be truthful, accurate and in no way misleading. Coolwinks reserves the right to disqualify any participant(s) from the Contest at any stage of short-listing at its sole discretion, should the participant(s) at any stage supply untruthful, inaccurate or misleading personal details and/or information. If, at any time, including after disbursement of the prize, any information submitted by the participant(s) is found to be incorrect, false, or otherwise misrepresented or misleading, the participant(s) shall be liable to refund all amounts/Prize(s) received from Coolwinks.
- Participant(s) must strictly follow the process as displayed on the Website and these Terms & Conditions. Non-performance by any participant(s) and/or Winner of the Contest to the process and these Terms & Conditions will result in immediate disqualification of the participant(s)/Winner(s) from participation or winning the Prize as the case maybe. Coolwinks reserves its right to select and declare or not to declare the Winner(s) if a participant(s) has not followed the procedure to the satisfaction of Coolwinks. Decision of Coolwinks in this regard is final and no correspondence in this regard will be entertained.
- While accepting the Prize, the Winner(s) may be required to sign an “indemnity and release of claims” form or any other documents required by Coolwinks, as the case may be, which shall release Coolwinks of all liability. Failure to complete and sign any documents requested by Coolwinks may result in disqualification and selection of an alternate Winner. All decisions of Coolwinks are final in this regard.
- Notwithstanding anything contained in this Clause 6, Coolwinks, in its sole discretion may disqualify any individual who is found to be: (a) tampering with the entry/transaction process or the operation of the Contest or Website; (b) acting in violation of these Terms & Conditions; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
- By entering into the Contest, the Winner(s) waive all copyrights, rights of publicity and any related rights and consents to Coolwinks’ right to picture, tape or portray him/her as a Contest Winner(s), and to exhibit this material in any and all media now existing or hereinafter created, including without limitation television, film, radio and print media, without any compensation whatsoever for advertising and publicity purposes, except where prohibited by law. The Prize Winner(s) also consent to Coolwinks’ right to use his/her name, voice or picture, or the content of his/her Contest entry(ies)/transactions etc. (collectively, the “Publicity Rights”). Notwithstanding a participant's participation in the Contest, there is no obligation on the part of Coolwinks to broadcast any events in which he/she has taken part, or any or all of his / her contribution as recorded by the Coolwinks.
- By making entries/transactions for the purpose of the Contest, a participant(s) consent to and permit Coolwinks to send SMSs, e-mail or call him / her, whether or not such sender is registered on the National Do Not Call registry.
- By entering the Contest, a participant(s) consent to being placed on a mailing/SMS list for promotional and other materials for Coolwinks.
- Coolwinks assumes no responsibility for errors, timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
- Coolwinks is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such entries/transactions. Participant(s) further understands and acknowledges that he/she may be exposed to entries/transactions that is inaccurate, offensive, indecent, or objectionable, and he/she agrees to waive, and hereby do waive, any legal or equitable rights or remedies he/she has or may have against Coolwinks with respect thereto, and agree to indemnify and hold Coolwinks, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to his/her access to or use of the Website.
- Coolwinks, including their divisions, affiliates and subsidiaries, and their respective agents, representatives, owners, directors, employees, officers, distributors, retailers, and advertising/promotion agencies, are not responsible for any loss of entries/transactions for any reason whatsoever including, due to any problems caused, service providers, technical disruption and/or failure/ server problems and/ or any other difficulties faced by the participant(s) before or on the last date of the Contest for any reason whatsoever or for the entries/transactions received after the last date of the Contest due to any reasons whatsoever. Entries/transactions are void if, inaccurate, incomplete, damaged, tampered with, falsified, mechanically reproduced, irregular in any way or otherwise not in compliance with these Terms & Conditions.
- Coolwinks shall not be responsible for any errors or omissions in the Terms & Conditions contained herein. All information provided in the Contest is provided "As is" without warranty of any kind. Coolwinks makes no representations and disclaims all express, implied, and statutory warranties of any kind to the participant(s) and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.
- Under no circumstance Coolwinks or its affiliates and subsidiaries and/or their respective agents, representatives, owner’s directors, employees, officers, distributors, retailers, and advertising/promotion agencies shall be liable to the participant(s)/user and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever, even if Coolwinks has been advised of the possibility of such damages.
- Coolwinks or any of its affiliates will not be liable for any loss of earnings, or otherwise caused to the participant(s) and arising as a result of his/her participation in the Contest.
- Any failure by Coolwinks to perform its obligations will be excused to the extent such performance is prevented due to reason of force majeure such as acts of God, explosion, labour dispute, failure of utilities, governmental interference or any other act or condition beyond the reasonable control of Coolwinks (“Force Majeure Event”). Coolwinks shall be not liable for any delay or loss or adverse effect caused to a participant(s) in the Contest including the Winner(s) as a result of a Force Majeure Event.
- Any failure by Coolwinks to perform its obligations due to termination of contracts/arrangements of the Coolwinks by the third parties which forms the basis of offering Prize by Coolwinks shall be a Force Majeure Event and accordingly the provisions relating to a Force Majeure Event shall be applicable.
- This Contest is being made purely on a "best effort" basis and participating in this Contest is voluntary. By participating in the Contest, you will be legally bound hereby, to release from liability, and hold harmless Coolwinks, and any of its affiliates, employees or agents representing or related to Coolwinks 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/ Prize(s) offered under this Contest, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Contest, even if caused or contributed to by our negligence.
Other Terms & Conditions:
- The participant(s) hereby represents that he/she is not under any exclusive contracts with any other third party/ agency or is not under any kind of disqualification under law to enter into an agreement with Coolwinks or its affiliates, as the case may be.
- The participant(s) acknowledges that his/her right to participate in the Contest shall constitute good and valid consideration, binding him/her by the terms of these Terms & Conditions. However, participation in the Contest shall in no way guarantee the right to a prize. All final award decisions shall be at the discretion of the Coolwinks. Mere participation or registration on Website does not entitle any participant(s) to a Prize.
- By participating in the Contest, each participant(s) agrees to be bound by any decisions made by Coolwinks in its sole discretion, including any interpretations of the Terms & Conditions In the event of any ambiguity/ uncertainty/ unavailability of the winner, Coolwinks, in its own discretion shall be entitled to cancel the Prize(s) for the said Winner(s). No correspondence in this regard shall be entertained and Coolwinks’ decision shall be final, binding and non-contestable. Participant(s) acknowledge that the interests of the Contest shall override those of any participant(s).
- In case the Winner(s) is found to be in violation of any and all rules/processes of the Contest, Coolwinks reserves the right to initiate legal proceedings against such person(s) including, but not limited to, having the concerned Winner to refund the Prize together with penalty interest as deemed fit by Coolwinks.
- If due to any reason the Contest cannot be held as planned, including without limitation any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, or for any other reason whatsoever, Coolwinks reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest.
- The Contest is not available for the person(s) residing in Tamil Nadu in view of the provisions of the Tamil Nadu Prize Scheme (Prohibition) Act, 1979 and all other Indian states and union territories where Contest or similar prize schemes are not permitted in accordance with the applicable laws of the concerned state or union territories.
- The Contest and Terms & Conditions shall be governed by and construed in accordance with the applicable laws of India. Failure by Coolwinks to enforce any of these Terms & Conditions in any instance shall not be deemed to be a waiver of the Terms & Conditions and shall not give rise to any claim by any person. These Terms & Conditions are subject to Indian laws and the courts at New Delhi shall have the exclusive jurisdiction in respect of any disputes or any matter arising here from.