TERMS AND CONDITIONS
Please read these terms and conditions (“T&C”) before entering the Nissan Magnite Valentines Program. You agree that, by participating in this Scheme, you will be bound by these T&Cs and you acknowledge that you satisfy all Scheme eligibility requirements as provided herein below. These T&Cs form a binding legal agreement between you and NISSAN MOTOR INDIA PRIVATE LIMITED.
PROGAM DETAILS, CONCEPT AND PARTICIPATION
1. These terms and conditions shall apply to the Nissan Magnite Valentines Program (hereinafter referred to as the “Scheme”) sponsored by NISSAN MOTOR INDIA PRIVATE LIMITED (hereinafter referred to as the “NMIPL”) wherein consumer can participate, voluntarily, by their own free choice by booking a Nissan Magnite from any of the authorized Dealerships of NMIPL across India (except Tamil Nadu) or on the website of NMIPL, on or before 14 May 2021.
2. The Scheme is applicable in all Indian states and Union Territories except the state of Tamil Nadu, and is subject to all applicable central and state laws and regulations of India.
3. The prizes will be shortlisted randomly based on a system as may be decided by NMIPL. NMIPL shall not be held liable to explain the process by which the winner has been chosen. NMIPL at its discretion, shall decide the categories of monthly prizes to be given to winners.
4. People participating or seeking to participate in the Scheme shall individually be referred to as “Participant” and collectively as “Participants”.
AGREEMENT TO TERMS AND CONDITIONS:
1. By participating in this Scheme, participants fully and unconditionally agree to accept and abide by these Terms and Conditions, as well as the decisions of NMIPL, which shall be final and binding in all matters related to the Scheme. Successfully entering the Scheme and winning a prize is subject to complying all requirements set forth herein.
2. NMIPL reserves the right to exclude any person from the Scheme at any time on the grounds of him/her being the subject of criminal investigation or due to misconduct or criminal record or conviction of any crime.
ELIGIBILITY:
This Scheme is applicable only for customers:
who have booked a Nissan Magnite (any variant) from any of the authorized Dealerships of NMIPL across India or on the website of NMIPL, except in the state of Tamil Nadu, as per the schedule mentioned below:
| Announcement of Scheme | Draw- 1 | Draw- 2 | Draw- 3 |
| 13th Feb 2021 | 14th Mar | 14th Apr | 14th May |
| Valentine's day Program | All live booking as on 14th March & deliveries taken between 14 Feb-13 Mar | All live booking as on 14th Apr & deliveries taken between 14 Mar-13 Apr | All live booking as on 14th May & deliveries taken between 14 Apr – 13 May |
It is hereby clarified that eligible customer should not have received delivery of the car within before the scheme announcement date. (As per specification in annexure above).
2. Exclusions from the Scheme:
(a) Customers who have won any reward in the previous month's lucky draw.
3. The Scheme is applicable for individual retail customers only. This Scheme is not applicable for the bulk bookings, institutional, organisational or corporate purchases. Each customer is eligible for a single reward only within the scheme. All winners of each month’s lucky draw will be excluded from participation in subsequent month’s lucky draw.
4. This Scheme will be open to all the citizens of India with the exception of employees and the families of employees of NMIPL or any its subsidiaries, NMIPL’s affiliates, advisors, advertising/contest agencies, NMIPL’s agents, dealerships, distributors, retailers, other channel partners (including their employees).
5. By participating in the Scheme, each Participant represents as follows:
(a) They are 18 years of age or older;
(b) They are capable of entering into a legally binding agreement; and
(c) They are not barred or otherwise legally prohibited from participating in the Scheme.
6. In order to be eligible for the prizes, the participant must have a valid photo ID Proof, Address Proof, PAN Card/ AADHAR CARD, and the original invoice. In case of non-availability of the PAN card/ AADHAR CARD, winner won't be able to claim the prize.
7. Participant should have a billing address within the territory of India.
8. NMIPL or its partner agency for the Scheme shall not be responsible for any NDNC (National Do Not Call) Registry regulation that comes into play. All participants who participate hereby agree and give express consent to NMIPL and its partner agency for the Scheme that even if they are registered under NDNC, DND (Do Not Disturb), NMIPL or its partner agency for the Scheme, will have the valid authority to call such shortlisted participants, by virtue of them having voluntarily participated in the Scheme.
By entering the Scheme, Participants consent to being placed on a mailing list for promotional and other materials for NMIPL. Participants may choose to update or change your email preferences later.
SCHEME PERIOD AND ELIGIBLE PRODUCTS:
1. The Scheme will commence on 13 February 2021 and end on 13 May 2021 (both dates inclusive) and shall be referred as the “Scheme Period”.
2. This Scheme shall run for bookings done for Nissan’s Magnite through any of the NMIPL dealerships or on its website, https://book.nissan.in/, except in the state of Tamil Nadu.
3. The Scheme (Lucky Draw) will be introduced from 12 February 2021.
PRIZES
NMIPL will be hosting a lucky draw for all customers fall within the scheme period as mentioned in table above. Every month 100 lucky winners would pe picked and shall be eligible to win any one of the following:
• 1 customer – Magnite free/100% Cash Back**
• 8 customers – Grade upgrade*
• 25 customers – 1-year extended warranty
• 66 customers – 2 years/20K km maintenance package
WINNER SELECTION:
1. A draw shall be conducted from amongst all entries received based on the booking information received from the respective authorised dealer of India excluding Tamil Nadu.
2. In the event that the winner does not take the prize, within the time and in manner as stipulated by NMIPL, then the prize shall be forfeited by the winner and cash will not be awarded in lieu of the prize. Prizes must be taken as offered and cannot be varied. The right to claim the prize cannot be transferred by the participant to any other person. No cash alternatives or alternative prizes are available.
3. The winner shall be required to submit the following documents to claim the prize he/she/they has won:
• Identity Proof
• Address Proof
• PAN Card / Aadhaar Card
• Submission of acknowledgement letter (as per the format that shall be provided by NMIPL) on receipt of the Prize(s)
(the document list is only inclusive and not exhaustive and can change as per the requirements of Law)
If the winners are unable to provide the required documents, the Prizes shall be offered to next shortlisted Participants.
4. The prizes to the winners shall be given subject to compliance with all applicable statutory legislations/ processes /formalities in connection with the prizes and on production all such documents/papers mentioned above and as required by NMIPL before accepting the delivery of the prizes. Any failure on the part of the winner to comply with directions issued by NMIPL for claim of prizes shall entitle NMIPL to forfeit the prize and distribute it to the other eligible Participants entitled to the prize subsequent to the disqualified Participant. Neither NMIPL nor any of its affiliated parties shall in any manner be responsible for non-receipt of prizes dispatched by courier at the postal address of the winner.
5. By participating in this Scheme, the Participant provides his consent that NMIPL shall be sharing the name, address and mobile number of the winning customer only with NMIPL and/or its agency for the purpose of dispatching and delivering the prize to the winning customer. The Participants and the winners agree that they are providing their personal information and documents to NMIPL out of their volition and they shall have no claims against it or anyone associated with NMIPL for using their personal information and documents for any purpose connected with this Scheme. Further, the Participants and the winners absolve NMIPL and anyone associated with it in case their personal information and documents are misused by any third party whose actions cannot be effectively controlled by them.
6. The images of the prizes depicted on the press ads/posters/TVC's/pack shots etc. are for illustrative purposes only and the actual prize may vary from the depiction made. All images used to depict prizes are proprietary to the respective Brand/manufacturer.
7. NMIPL, its directors, officers and employees and those of its affiliates, indemnified and harmless from and against any and all losses, damages, expenses, fees (including legal fees and costs), liabilities whether civil or criminal, arising due to any loss/ compensation, whatsoever, occurred to the consumer.
8. All taxes, levies and charges on the prize will be borne by customer. Customer shall pay tax liability at prevailing rate of tax (as per applicable IT tax and/or any other law) by cheque to us & we will issue TDS certificate accordingly.
9. Any participant of the Scheme who wins any prize during the Scheme Period shall not be eligible to win any further prizes.
10. It is clarified that in case a winner become disqualified on account of any Government restriction, regulations, norms, policy etc., in such case winner shall not have any claim against NMIPL for the same and shall be deemed to have availed of his/her prize.
CONTACTING WINNERS:
1. Once the Participants are shortlisted, the partner agency appointed by NMIPL shall dispatch the prizes to the respective dealers with whom the booking has been placed.
2. Each winner will be required to collect their gifts from the respective dealers by submitting a copy of the following documents:
1. The original invoice of the booking placed
2. Self-attested copy of any one Photo Identity proof (e.g. Valid Driver's license, Voter's Identity card, Valid Indian Passport, Permanent Account Number (PAN) card or Aadhar card).
3. Tax Certificate as applicable.
3. In case a participant not contacted, it shall automatically mean that the person's name has not come through the selection process and he/she/they is not a winner.
PUBLICITY:
1. By accepting the prize(s), the winners undertake and irrevocably and unconditionally permit NMIPL and/or its affiliates to cover the Scheme through various media including newspapers, radio television news channels, internet, point of sale materials, public events etc., and the winners shall not raise any objection, protest or demur to such coverage or in this regard.
2. The winners hereby grant to NMIPL , the right to use their names, photograph(s), sound-bites, write-ups, video in any media found suitable by NMIPL i.e. Radio, Print, Digital, Electronic or Point-of-sale media, or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made in relation to the Scheme and any promotions, events, or contests/schemes to follow. Participants agree that NMIPL has the complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose.
LIABILITY RELEASE:
1. This Scheme is being made purely on a “besteffort” basis and participating in this Scheme is voluntary. By participating in the Scheme, you will be legally bound hereby, to release from liability, and hold harmless NMIPL, and any of its affiliates, employees or agents representing or related to NMIPL and its services/products.
2. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of the benefits/ prizes offered under this Scheme, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Scheme, even if caused or contributed to by our negligence.
3. The Participant agrees to indemnify, defend and hold harmless NMIPL, its directors, officers, employees, agents, affiliates and suppliers from any liability, loss, claim and expense (including reasonable legal fees) directly or indirectly related to (i) the participant's breach of this agreement, and (ii) the Participant's providing contents/details to NMIPL.
PRIVACY
NMIPL collects, holds, uses and transfers your personal data in accordance with our Privacy Policy. By agreeing to the T&C, the Participants hereby agree to NMIPL’s Privacy Policy, which may be updated and/or modified by NMIPL from time to time. The Participants understand and agree that, to the extent permitted by applicable law, any data provided by them in connection with the Scheme may be shared with our affiliates or partners, and/ or used by us for the purposes of Scheme. Please refer to the Privacy Policy for further clarity on the subject.
INTELLECTUAL PROPERTY:
1. All right, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s) and in any and all responses received shall vest solely and exclusively with NMIPL at all times.
2. All material submitted in connection with the Scheme (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Participants are assigned to NMIPL upon submission and become the property of NMIPL exclusively. NMIPL may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of NMIPL.
DISPUTE:
The rights and obligations of the Participants and/or NMIPL and/or Partners of this Scheme, shall be governed and construed in accordance with the laws of India and the courts of competent jurisdiction at Gurgaon, Haryana shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Scheme.
FORCE MAJEURE:
NMIPL or its Partner Agency shall not be liable for any failure or delay to fulfil any of our obligations hereunder, to the extent the same is caused by force majeure events such as floods, earthquakes, fire, riots, civil unrest, war (declared or not), strikes and lock-outs, or any other circumstances beyond the reasonable control of NMIPL or its Partner Agency and shall not be liable to compensate the participant in these circumstances. NMIPL shall not be accountable / liable for any disruptions / stoppages / interruptions or cancellation of the Scheme due to any government restrictions.
WARRANTIES/PRODUCT RELATED QUERIES:
1. The prizes will be governed by the normal terms of warranties and/ or guarantees, of the manufacturer of the prizes and NMIPL or its Partner Agency shall not be held liable or responsible for the same. The Prize winner shall contact the manufacturer service center directly for any issue, whatsoever, related with the Prize.
2. Any queries/ doubts/information related to the functioning of the prizes (assured prize/monthly regular prize) shall be directly directed to the manufacturer/distributor of the prizes that shall be solely liable and responsible for any/all queries related to it.
MISCELLANEOUS:
1. Mere participation in this Scheme does not entitle a participant to a prize unless all other terms and conditions are fully complied with. Any fraudulent conduct on the part of the participant shall disentitle the participant to receive the prize under this Scheme.
2. NMIPL, to the maximum extent permitted by applicable law and in its sole discretion, reserves the right to change, defer, alter or cancel this Scheme in part or full, or change any or all of the terms and conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Any decision of NMIPL in this regard and in general with respect to this Scheme and the terms and conditions thereto shall be final and binding.
3. NMIPL may, in its sole discretion, disqualify any individual found to be: (a) tampering with the entry process or the operation of the Scheme or website or mobile application; (b) acting in violation of these T&Cs; or (c) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
4. If any Participant’s entry is incomplete or if he/she/they use robotic, automatic, programmed or similar entry methods, their entry will be void. The authorized subscriber of the e-mail account used to enter the Scheme at the actual time of entry will be deemed to be the Participant and must comply with these T&Cs in the event of a dispute as to entries submitted by multiple users having the same e-mail account.The authorized account subscriber is the natural person who is assigned an e-mail address by an internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domains associated with the submitted e-mail addresses. No benefits greater than those described in these T&Cs will be awarded.
5. The decision of NMIPL shall be final in all regards and no communication, queries or complaints shall be entertained in this regard. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between any participant and NMIPL and the Participant shall not have the authority to bind NMIPL in any manner whatsoever.
6. Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of NMIPL or its Partner Agency.
7. If a Participant is dissatisfied with the Scheme and/or the terms and conditions of the Scheme, his/her sole and exclusive remedy is to not to participate in the Scheme.
8. NMIPL shall not entertain any questions, correspondence, enquiries on the manner of conducting draw and grant of prizes from any person, whatsoever.
9. Apart from the entitlement to the prize, the winner or his/her legal heirs will have no other rights or claims against the NMIPL.
10. The Scheme / gifts are non-transferable, non-cashable, non-negotiable and can be redeemed only once as per T&Cs mentioned herein. Please note that this is an individual scheme and not a family or a group scheme.
11. All gifts / vouchers will be subject to Indian laws, including but not limited to tax regulation as and when applicable.
12. Participating in this promotion is deemed acceptance of the above Terms and Conditions.
The Participant warrants that they are of sound mind, of requisite legal age, have clearly understood the Scheme details. The Participant further agrees that the participation in this Scheme does not involve a matter of chance and or gambling and does not call for any entry fee being charged by NMIPL from the participants.
In case of any queries/ complaints, the Participants may contact us at [our toll free number 1800 209 3456]