Terms & Conditions:Thums Up

October 14, 2021

Terms & Conditions 

This document is an electronic record in terms of Information Technology Act, 2000, and the Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Bundl Technologies Private Limited (hereinafter referred to as “Swiggy”, “Instamart”, We”, “Our”, “Us”) reserve the right, at our sole discretion, to terminate, amend or extend, modify, add or remove portions of this terms & conditions or this Contest, at any time without any prior written notice to You. 

By participating in this Contest, all participant User(s) agree to be bound by these terms and conditions (“T&Cs”), the Terms of Use, Privacy Policy and other relevant Swiggy policies or documentation that are available on www.swiggy.com, including any modifications, alterations or updates that We make.

  1. Details of the Contest: 
  1. We are introducing the “Thums Up – Photo Contest” (“Contest”) on the Swiggy – Instamart’s Instagram handles at https://www.instagram.com/swiggy_instamart/?hl=en. (“Instagram Handle”). Entry into this Contest is only open to Instagram User having access to the Instagram Handle, who has an opportunity to participate in the Contest (hereinafter referred to as “You”, “Your” or “User”) in the following manner and subject to the terms and conditions mentioned hereinbelow – 
  1. The Contest shall be a two day activity and shall commence on Oct 23, 2021 at 6 A.M and closes on Oct 24, 2021 at 11:59 P.M, hereinafter referred to as “Contest Period”.
  1. To be eligible to participate in the Contest, You need to fulfil the following criteria: 
  • You shall be a Swiggy user; 
  • You should be following Instagram Handle, (i.e. https://www.instagram.com/swiggy_instamart/?hl=en )
  • You are competent to contract as mandated by the Indian Contract Act, 1872 and shall be of minimum age of 18 years;
  • You need to set your Instagram profile to ‘public’;
  • You shall be in whole compliance of and adhere to all laws and regulations; 
  1. How to participate in the Contest
  • Step 1: Scan the QR code – which will lead the Users to Augmented Reality Filter; 
  • Step 2: Choose your favorite player – 2 Player options ( Images) will be available;
  • Step 3: Take a photo;
  • Step 4: Post it on Instagram tagging @thumsupofficial and @swiggy instamart; 
  • Step 5: The lucky 100 entries will be selected at random who shall stand a chance to win Swiggy Money vouchers worth Rs. 1000.
  1. A participant should tag the Instagram pages of Thums Up and Instamart Handle on their post and any entry failing to tag any one of the aforementioned pages or entry beyond the Contest Period will be not considered for the purposes of the Contest.
  2. The selection of the best 100 entries will be at Our sole discretion/judgement. The criteria for selection will be based on creativeness and aesthetics. Winners will be communicated via Instamart’s Instagram Handle/social media account within 4 working days of the contest ending.
  3. All 100 winners shall have to activate and enable Swiggy Money on their registered Swiggy accounts before the commencement of the Activity.
  4. Swiggy shall credit the prize money as Swiggy Money in User’s associated Swiggy account. In case no account is found as associated with the User’s number, Swiggy will try to contact the User to find an alternative. If no alternative is found within 7 days of the Contest, Swiggy has the right to withhold the prize money. There is no cash alternative to the benefits hereunder. Further, such benefits do not give any additional guarantee or warranty and are non-transferable. 
  5. Swiggy Money won via this Contest can be redeemed against restaurant or Instamart or Genie orders only.
  6. Swiggy Money will be credited within 12 working days of the above process being completed. A one-time verification might be needed to process payments. Users can enter in a text box details of their PAN/License/Passport etc. Users have to complete this verification within 21 days of Swiggy Money being credited.
  7. This Contest is valid in all cities serviceable except for the state of Tamil Nadu. The same shall be considered as a ground for disqualification to the Contest. 
  8. All rights with respect to shortlisting or selection of the winner shall vest with Us and shall be done as per the procedure adopted in Our sole discretion. Our decision in this regard will be final and no correspondence will be entered into regarding the outcome.
  1. Other Terms & Conditions: 
  1. The participating Users understand that We do not make any assurances as to the probability of winning in this Contest. Participation in the Contest is entirely voluntary. In addition to the foregoing, We do not collect any participation fees for the Contest.
  2. No responsibility is accepted for entries that are late, lost, misdirected, or not in compliance of these T&Cs or not received by Us during the Contest Period (as defined above). We do not accept any responsibility for any variation in the value of the prize.
  3. A User can only participate in the Contest only once. In case they participate multiple times, only one entry will be considered.
  4. You further agree to be bound by these T&Cs, the Terms of Use, Privacy Policy and other relevant documentation that are available on www.swiggy.com including any modifications, alterations or updates that We make.
  5. Swiggy reserves the right, in its sole discretion, to disqualify any User/participant that tampers or attempts to tamper with the Contest or violates the T&Cs. All rights with respect to selection and finalisation of the Users for the above Contest shall vest with Us and shall be done as per the procedure adopted in Our sole discretion. Our decision in this regard will be final. 
  6. In addition to other requirements in these T&Cs, entries must not contain anything unlawful, misleading, discriminatory or defamatory. We also reserve the right to disqualify from the Contest any User who We have reason to believe has breached these T&Cs, engaged in any unlawful or improper misconduct or is in breach of the Instagram’s terms & conditions of use or is in breach of applicable law. We also reserve the right to remove from the Our Instagram Handle, any entry which in the sole opinion of Us includes content unsuitable for publication or does not comply with these T&Cs.
  7. You shall not damage or misuse any of intellectual property rights belonging to Us or any third party. You agree that You shall provide Your photograph only and not of any third party. In case any third party claims losses or damages against Us due to the use of the photograph provided by You, You agree and undertake to indemnify Us against any/all such third-party claims.
  8. All trademarks, trade names, logos, slogans, symbols etc. being displayed on Swiggy App and in our communications/e-mails for the Contest except the photograph provided by You, shall be the exclusive property of Swiggy and cannot be copied or used by any third party for any purpose whatsoever and any unauthorized usage would amount to an “unlawful act” under the applicable law.  All intellectual property right in Your picture vest with You and You grant Swiggy an unlimited, irrevocable license to use and publish Your picture. 
  9. Swiggy shall not be responsible for any loss, injury or any other liability arising due to participation by any User in the Contest. 
  10. We assume no responsibility for any technical error, omission, interruption, deletion, defect, delay, loss or damage in the operation of the website and/or participation in the Contest. If for any reason the Contest is not capable of being run as planned, due to causes beyond the reasonable control of Us, We may modify, suspend, terminate or recommence the Contest without any further notice.
  11. You hereby agree to indemnify and keep Swiggy harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by Swiggy as a consequence of (i) violation of the terms of this T&Cs by You; (ii) violation of applicable laws; (iii) any action or inaction resulting in willful misconduct or negligence or fraud on Your part. 
  12. Swiggy shall not publish any of your personal data.
  13. User agree (without charge) to participate in any promotional activities planned by Us and consent to their name and image being used in Our marketing materials. By participating in this Contest, User(s) consent to the use of their personal/non-personal information as set out in this clause, in accordance with the applicable law. We may collect and use personal information submitted with each entry for the purpose of running the Contest, contacting winners, and sending prizes. 
  14. These T&Cs shall be governed in accordance with the applicable laws in India. Courts at Bangalore shall have the exclusive jurisdiction to settle any dispute that may arise under these T&Cs.

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