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About Goldsafe | How to Participate | Winners | Winners Videos | FAQs

Please

Note:

Participation in the contest Gold Safe is open only to Indian Citizens residing in India and who are of age 18 and over. The terms and conditions set out below form the basis of the binding legal agreement between Cellcast Interactive India pvt ltd (owners of the said contest, Herein after known as Cellcast) and you, the Participant, and sets out the terms and conditions governing your participation in the contest. These terms and conditions (and any amendments thereto from time to time) set out the entire agreement between Cellcast and the Participant to the exclusion of all other terms, representations or arrangements whatsoever. Please read the terms carefully. By Participating in Gold Safe you agree to become a potential Participant and accept the terms and conditions set out below. You will be deemed to have accepted these terms on every subsequent occasion on which you participate in the said contest. If you do not agree with the terms and conditions then you should not accept them or continue to participate. Cellcast is entitled to change these terms and conditions at its discretion. The new terms and conditions will govern all contest/contests that commence after the time when they are published on the site. As the terms and conditions may change from time to time, the participants should update their knowledge of the terms regularly. Definitions Participant: means any person holding a Mobile/Land line phone connection in his or her name and is also registered in accordance with the terms and conditions as laid out by Cellcast. Qualifying Question/s" If Cellcast so decides to use Qualifying Question/s? At any point they will be deemed to mean the question/s that may be asked at the time of participation. Should any one of these question/s be answered incorrectly then the Participant will not be eligible to win.

How

to

Participate

IVR: Participants will need to dial our short code Number 5664464 & follow the instructions.Calls will be charged at premium rates as announced in the show and or as shown on the screen. Prize (a)) The winner will be gratified only after receiving the following. i. All Documents sent by Cellcast to be duly filled & signed by the winner & all formalities completed by Delivery

the winner. ii. iii. Payment for all mobile bills for the tenure during which the SMS was sent / Call made to 5664464 Clearance received from the respective operator.

(b) You shall comply with all applicable Indian (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies and/or any other laws which may be applicable from time to time) regarding your use of our Service/Participating in the Contest. (c) We wish to bring to your notice that as per Section 115B & 194B of the Income Tax Act,1961, the value of the product won by the winner on our show Gold Safe will be treated as "Income" in your hands and Taxable at a flat rate of 30.9% or as applicable. Thus the winners/purchasers are required to deposit with the IT Department a sum equivalent to 30.9% or as applicable of the value of the product being the Income Tax @ 30.9% or as applicable of the value of " (Product Name) " won by them on (Date) and send a copy of the challan to "CELLCAST" for submission of the same with the Income Tax Department. CELLCAST" is required to submit a list of the names & addresses of the winners with the Income Tax Department on Quarterly Basis. Hence, winners are also advised to include a sum equivalent to 30.9% of the value of the product as their Income from "Winnings from Game Shows, while filing their IT Return, to avoid any penalty from the IT department. (d) Prizes will be dispatched within 90 working days from the date of winners completing all laid out formalities and reaching the facilities of Cellcast.

(e) All efforts will be made to send the products to the winners' given addresses. However, in case of area not serviceable by our appointed vendor, the winners will be required to furnish alternate serviceable delivery addresses or should collect from the nearest possible point of delivery at their own cost.

(f)Cellcast has the right to give away any alternate product in case the announced product is not available and or cant be sourced. The decision of Cellcast will be final. (g) The winners will have to pay the entry taxes etc is applicable as per various state Government rules. Also He/ She will have to provide us with any entry permit etc if applicable. Cellcast will in no way be responsible to fulfill such formalities. (h) The winners will be required to complete all formalities as laid down by Cellcast within 30 days from the date of issue of our letter of intimation letter, failing which the winner will not be considered for gratification and no claims will be entertained. (i)As a winner of this contest you are required to contact us at customercare@goldsafe.in Within 72 hours from the announcement as Winner in our Show. This is mandatory. Failing which you may be denied the gratification. (j) Cash prizes up to Rs.1,000 will be disbursed to the winners by way of OXYCASH mobile recharge account.(In case of Prepaid connection). In case of Post paid Connection winners, The Prize money up to Rs.1,000 will be credited Via OXYCASH to their selective mobile connection account which will be reflected in their subsequent bill to be raised by the telecom operator.

Liability 1. Cellcast shall not be liable for any failure to perform its obligations under this agreement caused by matters beyond its reasonable control. 2. Cellcast shall not be liable to any Participant for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this agreement or otherwise). 3. Nothing in this agreement limits Cellcasts liability for death or personal injury resulting from Cellcasts negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected. 4. Cellcast excludes all and any liability whatsoever for any third-party advertising which may appear on this site or with respect to the contents of any third-party controlled website which may be accessed by means of any link from this site and gives no warranty or representation that any such links are virus-free or that the contents of any third-party website are accurate, complete, accessible in whole or in part or are fit for any particular purpose. Severance 1. If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect. 2. If any provision of this agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable. Governing Law

The laws of India govern these Terms and Conditions and each Gold Safe Contest. Cellcast and each Participant submit to the non-exclusive jurisdiction of the courts of India in relation to any dispute arising out of or in connection with these Terms and Conditions or any other Contest/s.

Membership Eligibility 1. Use of the Service and/or the Contest is available only to persons who are citizens of India, are also residing in India and can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors (i.e., below 18 years of age), undischarged insolvent etc. are not eligible to use the Service and/or the Website. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Service and cannot bid for any items on the Service. CELLCAST reserves the right to terminate your membership and refuse to provide you with access to the Service and/or the Website if CELLCAST discovers that you are under the age of 18 years. 2. By using the Service, you guarantee and undertake to ensure that you satisfy the above participation criteria. 3. Employees, partners, carriers employees of carriers, and agents of CELLCAST, their subsidiary companies or any company connected with the Gold Safe Contest are not eligible to enter, nor are their relatives or immediate members Your 1. of Account You their and families Registration agree or households. Obligations to:

(a) Provide true, accurate, current and complete information about yourself as and when requested by

CELLCAST (such information being the "Registration Data") If you provide any information that is untrue, inaccurate, not current or incomplete or CELLCAST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, CELLCAST has the right to indefinitely terminate your access to the Service /Contest and exclude all Participations by you. Electronic Communications When you use the Service, send SMS messages to us, use IVR (Interactive voice response system) or use our Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by SMS or by posting notices on the Site, as deemed fit by CELLCAST. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Use of the Service

1. You agree, undertake and confirm that your use of the Service shall be strictly governed by the following binding principles: (a) "Your Information" is defined as any information including but not limited to your photograph (passport size) you provide to us or other users of the Service ("Users") in the registration, Participation, in the feedback area or through any message feature. You are solely responsible for Your Information, and we act as a passive conduit for your online and/or in any manner to distribute and publication of Your Information. (b) (i) (ii) Your shall shall Information not not be be (or any items or any listed): misleading; manner;

false, inaccurate fraudulent in

(iii) shall not infringe any third partys intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; (iv) (v) shall not be shall defamatory, not trade be libellous, unlawfully threatening or unlawfully harassing; obscene or contain pornography;

(vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) shall not create liability for us or cause us to lose (in whole or in part) the services of our Operators and/or other suppliers; and

(c) In the event that any transaction or attempted transaction relating to any item, good or service which is violative of these terms and conditions comes to your knowledge, you shall take all steps to inform CELLCAST of the same. You may contact CELLCAST at customercare@goldsafe.in

(d) you shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the details of our Contest/ Service and/or on the Website. (e) You shall comply with all applicable Indian (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies and/or any other laws which may be applicable from time to time) regarding your Participation in our contest/s. (i) We wish to bring to your notice that as per Section 115B & 194B of the Income Tax Act,1961, the value of the prize won by the winner on our Contest Gold Safe will be treated as "Income" in your hands and Taxable at a

rate of 30.9% .or as applicable at the time of Disbursement. The said win will be under the purview of the TDS law. Hence applicable amount of Tax will be deducted at Source. You are requested to send us a copy of your PAN card in order to enable us to send you your prize money Platform for Communication

CELLCAST and its partners and agents are in no manner whatsoever responsible of any failure of systems/technology etc., as a result of which the Service does not receive your communication or fails to communicate to you. Breach 1. Without limiting other remedies, CELLCAST may immediately issue a warning, temporarily/indefinitely suspend or terminate your access and refuse to provide you with access to the Service and/or the Website: (a) If you breach the Terms and Conditions or the documents it incorporates by reference; (b) If Mobile Operator/Telecom Company/Service provider is unable to verify or authenticate any information you provide; or (c) If it is believed that your actions may cause legal liability for you and/or CELLCAST. CELLCAST may at any time at its sole discretion reinstate suspended User. A User that has been indefinitely suspended may not register or attempt to register with CELLCAST or use the Service in any manner whatsoever until such time that such User is reinstated by CELLCAST. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, CELLCAST reserves the right to recover any dues owed by you to CELLCAST and to take strict legal action civil and/or criminal including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you. (d) Please be aware that even if you do not give CELLCAST your real name, your Mobile phone transmits a unique phone number to us, which can be used by law enforcement officials to identify you. Limitation of Liability

1. In no event shall CELLCAST or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Service, its services or this agreement (however arising, including negligence). 2. CELLCASTs liability in any circumstance is limited to the amount of fees, if any, paid by you to CELLCAST. its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Service or that the operation of the Service will be error free and/or uninterrupted. Consequently, CELLCAST assumes no liability whatsoever for any monetary or other damage suffered by you on account of: (a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with (b) Any use interruption or of errors the in the operation Service; of the Service and/or and/or

(c) the non-receipt of the INFORMATION by CELLCAST from the participant and vice versa due to Operator network failure/congestion/any other reason. You expressly understand and agree that CELLCAST shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CELLCAST has been advised Indemnity of the possibility of such damages).

1. You agree to indemnify and hold CELLCAST and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of the Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Relationship 1. None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and CELLCAST and you shall have no authority to bind CELLCAST in any manner whatsoever Arbitration 1. If any dispute arises between you and CELLCAST during your use of the Service or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by CELLCAST. The place of arbitration shall be Mumbai. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. Others 1. CELLCAST has the right to declare the Contest null and void at any time before, during and after the close of the Contest. CELLCAST decision on the winner will be final. If anyone breaches any terms and conditions, CELLCAST has the ability to terminate the Users access to the Service. The Service may be available on select cellular networks. Please check with your Operator before participating in this Service.

Please Note that there is no particular order in which we take our callers on the show. Our callers are randomly selected by our system. Every user is thus given a Fair Chance to be selected by the System to be taken on air. The user can call any time during the show and hold on to wait for his /her chance to be taken on air. If you the user does not wish to hold, he /she can disconnect and call again.

About Goldsafe | How to Participate | Winners| Winner Videos | FAQs | Terms & Conditions Project by CELLCAST Interactive India Pvt. Ltd.

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