phiQ Terms and Conditions | tag-hive

TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS

1a. “Registered Participant,” "Participant,” "Contestant,”: means the student taking part in the app-based quiz/test conducted on two different days, with a gap of a few weeks, by downloading the app on a smart phone & choosing the type of participation.

1b. “Registered School” or "School": means the school name, entered by the Registered Participant as to the school he/she attends or last attended, at the time of filling up the Registration Form for the app-based quiz/test.

1c. “Registered Teacher(s)” or "Teacher(s)": mean the science and maths teachers entered by the Registered Participant as his/her teachers for the aforesaid subjects, at the time of filling up the Registration Form for the app-based quiz/test.

2a. "Registration Form" is the app-based form which the Registered Participant must fill after downloading the mobile app to participate in the Competition including...

school, class, section
his / her name,
gender

mobile phone number,
email id,
and his / her Final Pass Percentage in his / her last exam at school
name of one / both of his / her parents or legal guardian
his / her parent's mobile number and/or email id (if available),
name and mobile number and/or email id (if available) of science teacher,
name and mobile number and/or email id (if available) of maths teacher,
name and phone number / mobile number and/or email id (if available) of school / school principal.

2b. The Company / Manager reserves the right to conduct necessary checks in order to verify the identity, school / teacher details / previous result / phone number / postal address and/or e-mail address of the participants, their teachers and their schools and to seek permission from teachers, principals, and admins to allow us to send messages, emails to them.

2c. The persons who have given incomplete or inaccurate personal and contact details will be disqualified for the draw, as will be the persons who refuse that their personal details – which are necessary for the competition – be collected, kept and used.

2d. Participation in the quiz implies that participants accept the integrality of these rules. Non-compliance with the rules results in the automatic cancellation of the participation in the quiz and of the candidacy for the prizes.

3. “Company/TagHive”: TagHive and/or its affiliates, the organizers of the Competition.
4. “Competition”: Two-part Science and maths test/quiz titled “phiQ School Champ Awards 2020".
5. "Country" means India.

6. “Test/Quiz” A Test/quiz conducted via the Class Saathi app on one of the days decided in the two-test/quiz series.

7. “Participant(s)” The Registered Participants who successfully attempt both tests/quizzes of the Competition.

8. “Manager”: means the manager of the Competition which is Black Panthers Media Pvt. Ltd.

9. “Schedule”: The dates and timings of the two-part series of tests/quizzes to be conducted as pre-determined by the Company. To ensure that even in case there is just 1 mobile phone in a home, with children in different classes, all of whom wish to participate, the tests are scheduled at different times for different classes, to ensure that each child has a fair chance. However, if the children in such a scenario are all in the same class, ONLY ONE of them will be able to participate in the competition.

  (i) Test 1: October 2, 2020 (celebrated as Gandhi Jayanti in India) at the following times per class:
       Class 6: 9:30 AM IST to 10:15 AM IST 
       Class 7: 10:30 AM IST to 11:15 AM IST 
       Class 8: 11:30 AM IST to 12:15 PM IST
       Class 9: 12:30 PM IST to 1:15 PM IST
       Class 10: 1:30 PM IST to 2:15 PM IST

  (ii) Test 2: October 18, 2020 at the following times per class:
       Class 6: 9:30 AM IST to 10:15 AM IST
 
      Class 7: 10:30 AM IST to 11:15 AM IST
 
      Class 8: 11:30 AM IST to 12:15 PM IST
       Class 9: 12:30 PM IST to 1:15 PM IST
       Class 10: 1:30 PM IST to 2:15 PM IST

  (iii) Result Announcement: October 25, 2020 (the date for Dussehra festival this year): All participants will be able to see the results of the quiz on/after the 25th of October on:     

       The Company’s website / facebook / via hyperlinks communicated through the App / email / any other media deemed appropriate by the Company / Manager.

10. “Registrant(s)": Any person(s) who participates in the Competition and who

  (i) is studying in Class 6-10, in the academic year 2020-21;

  (ii) is a citizen of India residing in India

  (iii) is of sound mind and health and

  (iv) enters the Competition in accordance with the Rules and Regulations stated below. Employees of TagHive, of the Manager, of the event/advertising/PR agency which has been appointed from time to time, and also employees of the sponsors; and members of their immediate family; persons other than Indian nationals, or Indian nationals living out of India, or those who do not qualify under the definition of resident of India as per the Income Tax Act, 1961 or those not conversant in written English, are ineligible to enter the Competition.

11. “Rules and Regulations”: These Rules and Regulations governing the Competition, stated herein in entirety, as may be amended from time to time by the Manager/Company.

Participation Terms

1. Participation in the Competition by downloading the app, filling the form & making the payment of fees shall be considered to be in acceptance of these Rules and Regulations.

2. Competition is open to citizens of India school students studying in Class 6-10, in the academic year 2020-21. Persons must enter the Competition on their own behalf and entry(ies) by proxy will not be accepted.

3. An entry/ies is/are not transferable.

4. Employees of the Company, Manager, event/advertising/PR agency, auditors, company’s contractors which have been appointed from time to time, and also employees of the sponsors; and their respective families; persons other than Indian nationals, or Indian nationals living out of India, or those who do not qualify under the definition of resident of India as per the Income Tax Act, 1961 or those not conversant in written English, are ineligible to enter the Competition. Failure to provide proof or affidavit of eligibility, including the proof of name, address and correct date of birth within a reasonable time upon request by the Manager/Company may result in disqualification. The Company also reserves the right to disqualify a Contestant incase a discrepancy is found to exist in the information furnished/provided/stated by the Contestant and/or in the information stated in the documents furnished by the Contestant.

5. The Contestant(s) shall undertake, warrant and guarantee to the Company that the Contestant has the full legal capacity to participate in the Competition in accordance with these Rules & Regulations.

6. If entries are received for participation, it is assumed that the person sending in the entry has provided us with permission to send SMSs to or call or email him / her, whether or not such sender is registered on the National Do Not Call registry.

Information

1. Company/Manager may, at its discretion contact the Registrant(s) and/or Contestant(s) or their parents/teachers/school, if required, for any clarifications needed for the information provided in the registration or to share information on the student's individual / collective performance.

2. The Company has the right at any time to require proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification from the Competition.

3. All personal details and information requested by and supplied to the Company by each Contestant must be truthful, accurate and in no way misleading. The Company reserves the right to disqualify any Contestant(s) from the Competition in its sole discretion, should the Contestant(s) at any stage supply untruthful, inaccurate or misleading personal details and/or information.

4. If at any time, including after disbursement of any prize, any information submitted by the Contestant(s) is found to be incorrect, false, or otherwise misrepresented or misleading, the Contestant(s) shall be liable to refund all amounts received from the Company.

No Liability

1. Whilst the Company shall make all reasonable endeavours to (i) enable Contestant(s) to proceed with the quiz / test (ii) to contact all Contestant(s) at each relevant juncture of the Competition, the Company can make no guarantee thereof and the Company shall in its sole discretion be entitled to proceed with the next entitled Winner under these Rules, in case it is unable to successfully contact and communicate with Contestant(s).

2. The Company will have no liability to a Contestant who is unable to attend or take part in the Competition for whatever reason and the Company shall be entitled to disqualify the Contestant(s), replace any such Contestant(s) from the Competition at any time, at the discretion of the Company.

3. In the event that there is a tie between two (or more) Contestant(s), the Company shall be entitled to determine in its absolute discretion which Contestant (s) is eliminated and/or which Contestant(s) wins (as appropriate) and for this purpose it shall be entitled to adopt any methodologies or make such arrangements or request such further rounds from the Contestants as it in its absolute discretion deems necessary.

4. No enquiries, appeals, verbal or written, shall be entertained in this regard.

Questions and answers / Expenses / Logistics

1. The Company or the Manager will not entertain any claims / questions / queries with respect to the authenticity or correctness of any questions and answers for the questions asked in any round of the Competition.

2. The Company’s decision on the correctness or incorrectness of any answer is final and binding on all Contestants.

3. All participants have to attempt the tests via the app and thus no travel / stay arrangements are required.

Awards and Prizes

1. The Company will be responsible for providing Trophies, Shields, digital and/or physical certificates and / or any prizes or prize money to participants. The prize cannot be exchanged for another prize or for its monetary value for any reason. This prize is strictly personal and cannot be given away. The Company / Manager reserves the right to change the prize without prior notice.

2. Any and all taxes and/or levies applicable on the prize money/products won by the Participant(s), under the laws of India shall be borne by the Participant(s) in relation to the prize. If there is any prize money, payment of prize money to the Winner(s) shall be after deduction of all applicable taxes and levies and subject to providing the relevant documents as intimated by the Company and will be paid within the time stipulated by the Company. A duly attested copy of the PAN card/form 60 is compulsory to claim the prize money by the participant’s guardians.

Other Terms

1. The procedures for registration and participation in the Competition are subject to the Rules and Regulations stated herein. Non-conformance by any Contestant(s) to the rules of the Competition will disqualify him/her from participation or winnings, immediately, as the case may be.

2. In the event of any fault, misunderstanding or dispute concerning any part of the Competition, and/or the operation of the telephone system, app, software, the registration or participation of Contestant(s) at any stage, or the validity of any questions or answer options, or the decision of the Company shall be final and binding on all Contestant(s). The Company / Manager of the Competition is empowered to take a decision on any case or instances not covered by the present Rules and Regulations.

3. The Company reserves the right to amend (add, delete or modify) the Rules & Regulations governing the Competition and/or the Participant selection process prospectively or retrospectively, at its discretion and without prior notice, in order to improve the Competition or remedy any issues that occur.

4. The Company has the right at any time to terminate the Competition without any prior intimation or notice to the public and also the Company is not obligated in any manner whatsoever to compensate and/or accommodate any person or persons who have participated in the Competition.

5. Registration to the Competition does not guarantee participation in one / both parts of the Competition, which is dependent on a host of factors (many of which are at the Registrants end). Registration also does not entitle any Contestant(s) to a prize or award.

6. All registrations shall be subject to completion of the procedures by the Registrant(s) as per instructions received.

7. Taking part in the registration process shall be deemed to be in acceptance by the Registrant(s) to receive promotional messages from the Company or any third party so authorized by the Company.

8. If the operation of the Competition (including without limitation the operation of the related telephone systems and software systems and application); of any/all of the test / quiz is prevented by an event of force majeure, the Company may cancel all or any part of the Competition, or take such other decision as it deems fit.

9. Notwithstanding a Contestant's participation in the Competition, there is no obligation on the part of the Company to share any results of any test(s)/quiz (zes) in which he/she has taken part, or any or all of his / her contribution as received by the Company.

10. The Company reserves the right to re-schedule the date(s) of registration, the Competition and result, at its discretion.

11. In case the winner(s) is found to be in violation of any and all rules/process of the Competition, the Company reserves the right to initiate legal proceedings against such person(s) including but not limited to having the concerned winner return the prizes won during the Competition together with penalty interest as deemed fit by the Company.

12. If Contestant(s) is unclear as to the Rules & Regulations of participation he/she will have to send an email to phiq@tag-hive.com. The Company shall make reasonable endeavors to respond thereto. The above shall not, however, be a ground for extension of time / deadlines as specified herein.

13. The Manager reserves the right to change the structure of the Competition as it sees fit including without limitation by adding / reducing / altering rounds to the Competition.

14. It is a condition of entry and participation in the Competition that Contestant(s) make themselves available to participate in the Competition, agree and sign up the Contestant Release/indemnity Form and any other documents as requested by the Company/Manager and abide by terms and conditions of such Contestant Release Form and the Rules, Regulations as devised from time to time by the Company including but not by way of limitation these Rules & Regulations.

15. The Company’s decision (or, where appropriate, the decision of the Manager / the App) is final and the Contestant(s) acknowledge that the interests of the Competition shall override those of any Contestant(s) and/ or Contributor.

16. The Contestant(s) must at all times behave appropriately when taking part in the Competition and observe these Rules & Regulations and follow the honour code by not resorting to use of any unfair means to score better. The Company reserves the right in its absolute discretion to remove from the Competition, any Contestant(s) / School(s) who break such rules and/or fails to behave appropriately and to disqualify such Contestant(s).

17. These Rules & Regulations supersede any and all release forms signed by the Contestant(s) and in the event of any conflict between Contestant Release Form and these Rules & Regulations, these Rules & Regulations will prevail.

18. If any provision of these Rules & Regulations is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Rules & Regulations and the remainder of the affected provisions shall continue to be valid.

19. These Rules & Regulations and the Competition shall be governed by and construed in accordance with the laws of India and the Contestant(s) submit irrevocably to the jurisdiction of the Courts in Delhi.

20. Use of only ONE mobile phone will be permitted to participate in a test via the app. The use of another mobile phone, if detected by the means of any technology (including but not limited to Proximity Scanners) may lead to disqualification.

21. Registration does not constitute a guarantee for participation of the Contestant(s) and such registration and participation shall be as per the unique conditions prevailing in the participants location and mobile phone/device and as per the sole discretion of the Company, Manager or its affiliates.

22. The Company / Manager of the Competition is empowered to take a decision on any case not covered by the present Rules and Regulations Liability.

23. The Company and/or the Manager is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental trauma caused to any Contestant(s) and/or the Winner(s) in any manner whatsoever, in relation to the Competition and/or prizes.

24. The Company, Managers, Test Creators, the event/advertising/PR agencies, the sub-contractors used by Company for the Competition, and any person or entity connected with the Competition (including the format owners), will have the right to take final decisions regarding the administration or adjudication the Competition, and will not be liable to/answerable to any party and their decisions will be final and binding on all participants.

25. The “Relevant Parties” shall be under no liability whatsoever to the Contestant(s) or the Contributors, in respect of any loss, damage suffered by the Contestant(s) or Contributors arising from or pursuant to the Competition or for any and all loss, damage, cost, expense or injury to life or property sustained by the Contestant(s) or Contributors at any stage of the Competition whether or not caused by

     (1) the administration (including scheduling) of the Competition or inability for any reason to register/appear for the test / quiz;
     (2) the Contestant’s or any third party’s participation in the test/quiz, or being registered or disqualified;
     (3) as a result of the decisions of the Company/Manger/App;
     (4) as a result of any comment, remark, judgment, view, criticism, critique, opinion and/or observation made and/or passed by the Company/Manager/App; 
and/or
     (5) any printing, typographical or technological errors in any materials associated with the Competition. 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, business, revenue, goodwill or anticipated savings pursuant to the Competition. 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 the Contestant(s); or circumstances beyond the Relevant Parties including the Manager’s reasonable control.

26. The Winner(s) and/or the Contestant(s) of the Competition agrees that he/she shall hold harmless the Company, the Manager, their employees, officers, sub-contractors or any other person in connection with the prize won by him/her and/or in relation to the Competition including but not limited to the procedure in the Competition and shall also not file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the sponsor and/or the Company/Manager to claim any damages or reliefs.

27. The Company / Manager or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Contestant(s) and arising as a result of his/her participation in any part of the Competition.

28. The Company / Manager or any of its affiliates will not be liable if the Contestant(s) is unable to participate due to any software / network / mobile phone / battery issues or issues such as acts of God / war / calamity / pandemics / lockdowns / quarantine and/or any other reasons in any one part or both parts of the Competition.

29. Company / Manger and its sub-contractors cannot and shall not be held accountable/liable for any disruptions / stoppages / interruptions / delays / postponements or cancellation of the Registration or Competition or any part thereof, on account of any factors beyond their control.

30. Company / Manager and its subcontractors shall not be held responsible or accountable to any of the Contestant(s)/Contributor(s), for any loss, injury or any other liability which may arise, while registering, practicing for and/or participating in the Competition. The Contestant(s)/Contributor(s) agree to release, discharge, and covenant, not to sue the Company, Manager or any of its associate agencies and each of their respective officers, directors, agents, representatives and employees, and/or any other agencies or individuals connected with the Competition in any manner, from any and all claims, actions, damages, liabilities, losses, cost and expenses, in any way arising out of or resulting from the Contestant(s) involvement in the registration / participation process.

 a. The Contestant and his / her parent(s) / teacher(s) / school / legal guardian(s) hereby agree to indemnify the Company, the Manager or its affiliates against any claims that might arise from their actions or omissions while registering for or participating in the Competition.

 b. Apart from the entitlement to be part of the Competition via the app, the Participant/Contestant or his / her parent(s) / teacher(s) / school / legal guardian(s) / will have no other rights or claims against the Company or the Manager. For the sake of clarity, it is stated that the Contestant(s) of the Competition shall not be paid any consideration.

31. The only way to enter the competition is through participation as described in Rules and Regulations. There is no other way of entering the contest. Any person claiming that he/she can help get you to win for consideration is defrauding you. Please contact your local police and report this person immediately.

32. For any queries, please contact phiq@tag-hive.com

Dispute and Responsibilities

Participation in the quiz implies that the participant accept the integrality of the rules, including during their intervention, amendments and potential additions.

Inaccurate or dishonest declarations, or any fraud, results in the participant’s disqualification.

force majeure / No Liability

1. The Company's responsibility will not be engaged if, in a case of force majeure as recognized by the local laws, or any event beyond its control, it were to cancel the quiz.

2. The Company / Manager will be able to cancel or put on hold all or part of the quiz if it appears that fraud was committed in any form during participation in this quiz. The Company / Manager reserves the right, in this case, of not awarding the case to the person who committed fraud and/or to sue in front of competent authorities the authors of the fraud.

3. The Company / Manager :
 a. Assumew no liability in case the app, internet network, phone lines, phone or any reception tool dysfunctions and prevents the effective functioning of the quiz. Moreover, its responsibility will not be engaged for problems related to the transport, reception or loss of notifications, mail or e-mail.
 b. Assumes no liability in case of technical, material or software malfunction or defect (virus, bug) affecting the participants’ app / mobile phone / equipment and data, and the related consequences on their professional, personal or commercial activity.

 c. Will be able to, at any point in time, notably for technical reasons or for updates and maintenance, interrupt access to its app(s) / website(s) and the test(s) / quiz(zes) it contains. The Company / Manager will in no case be responsible for these interruptions and their consequences. No compensation can be claimed on these grounds.

4. Indemnity: Participants, their parents / guardians / teachers / HODs / principals / school / school admins / school owners / the government and its officials agree to hold harmless the Company / Manager and all its affiliates / agents / employees / associates / heirs, and agree not to sue for any reason whatsoever.

Cancellations and Refunds

1. Apart from the award section, the Class Saathi app is free. Any registrations to participate in the competition are final and no one is entitled to cancel their registration once they have received confirmation of the same. The company reserves the sole right to cancel any registration as per its discretion, especially in case the registrant tries to take advantage of the system which violates the Rules, Terms & Conditions, Privacy Policy.

2. Fees once paid will not be refunded under any circumstances whatsoever.

3. In the event that one or both tests cannot be conducted in any manner on the scheduled and/or later date(s), the Company will initiate a partial/full refund as applicable.

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