Contest Terms and Conditions
This #AkasaARContest (“Contest”) is being conducted by SNV Aviation Private Limited, doing business as Akasa Air (“Akasa Air”). The Contest will go live on Instagram. Twenty (20) winners will stand a chance to win an Akasa Air hamper as per the terms and conditions below:
1. Contest Days:
The Contest will be live from August 07, 2023 to August 20, 2023, until 11:59 hours IST. Entries submitted beyond the timeline will not be considered and no communication will be entertained by Akasa Air in this regard. Selection of the winners will be at the sole discretion of Akasa Air.
i. This Contest is only open to Indian residents aged 18 (eighteen) years or above and are legally competent to enter into binding contracts under applicable laws of India.
ii. This Contest is subject to the applicable rules and regulations as may be in force in respective jurisdictions/states. The Contest shall be void in any state where any such Contests are prohibited by law. In such case, Akasa Air shall not be liable to provide any cash-back, gift or compensation to the participant on any account.
3. How to Participate:
To enter the Contest, the participants should follow the steps below:
i. Follow Akasa Air’s official Instagram page at https://instagram.com/akasaair.
ii. Upload a screenshot with the final score of the Akasa Air AR filter game on their Instagram stories using (the profile should be public so that Akasa Air can see the entry) with a score of 1000 (one thousand) points. Participants should also send their final score screenshot to Akasa Air with the hashtag #AkasaTurns1 through a direct message (DM).
iii. Tag @akasaair in the picture, and use #AkasaTurns1 in the entry.
4. Participation Rules:
i. Entries will be selected from individual participants only. By participating in this Contest, the participant agrees to use only 1 (one) Instagram ID for the duration of contest and any participant found to be using multiple IDs will be disqualified by Akasa Air without any prior intimation. Entries not submitted in accordance with the mentioned instructions and the corresponding terms and conditions shall not be considered and Akasa Air shall bear no responsibility for any such entries. In case any entry is not in conformance with the terms and conditions, Akasa Air may delete/disqualify such entries without any notice to the participants.
ii. Participant shall ensure that all information provided by them, including name, age, state, city, address etc. is true, correct, accurate and complete and that they are authorized to provide such information, and consent to the use of such information by Akasa Air and its advertising agency/event management company.
iii. Participants agree to receive communication(s) from Akasa Air in relation to the Contest and they unconditionally agree not to make any claim or raise any complaint against Akasa Air and/or its officers, directors, employees, subsidiary or any authorized third-party agency in this respect.
iv. Participants represent and warrant that the entry and all elements thereof (i) do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights; (ii) are not subject to any third party agreements, and that Akasa Air will not be required to pay or incur any sums to any person or entity as a result of their ownership, acquisition, use or exploitation of the entry, or rights therein; (iii) were made with the understanding that all required permissions have been obtained; (iv) do not contain any content that is likely to be considered offensive by Akasa Air or that could adversely affect the name, reputation, or goodwill of Akasa Air, and; (v) the entry / photo (if applicable) uploaded is theirs and not of any third person viz. celebrity/actor etc.
v. Akasa Air reserves the right to disqualify any entry at its sole discretion, including but not limited to- (i) trademarks, logos, copyrighted material or confidential information not owned by participant or used without permission (such as company names, music, photographs, works of art or images published on or in websites, television, movies or other media); (ii) refer to public figures; (iii) contains profanity, pornographic or sexual content, content promoting alcohol, illegal drugs, tobacco, or firearms or weapons, hateful content of any kind, content that promotes violence or harm to another living creature; (iv) promotes a political agenda regardless of the political affiliation and regardless of Akasa Air’ treatment of other entries that may or may not promote a political agenda; (v) defames, misrepresents, or contains offensive/disparaging remarks about other people (living or dead), companies, brands, communities, gender, physical/racial attributes; or (vi) encourages money laundering or gambling or otherwise unlawful in any manner whatever; (vii) causes annoyance or inconvenience or deceive or mislead the customers about the origin of such content which is grossly offensive or menacing in nature; (viii) opposed to standards of morality or decency, be lascivious or appeals to prurient interest or the effect thereof is such as to tend to deprave or corrupt any person; (ix) contains materials embodying the names, likenesses, photographs or other identifying elements of any person, living or dead, without permission; (x) are such that they could give ground for action for defamation or misrepresentation or breach of confidence or breach of copyright or is otherwise offensive to the public; (xi) are such that communicate or incite terrorism, misuse of weapon, or encourage or incite a person to commit criminal offence; or (xii) are such that suggest or encourage or incite any person to use harmful substance or engage to dangerous practices.
vi. By participating in this Contest, the participant hereby grants permission to Akasa Air and its agents to use the entry and stories uploaded on Akasa Air’ digital or print properties / sent to Akasa Air and they shall remain the property of Akasa Air for use at Akasa Air’ sole discretion in perpetuity, without any notice/ permission/ royalty to the participant.
vii. Neither Akasa Air nor any of its subsidiaries, affiliates and each of its subsidiaries and affiliates’ respective officers, directors, shareholders, agents and employees, nor any internet access providers are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, lost/delayed/ misdirected mail, omission, interruption, deletion, defect, line failure of any telephone or other network, computer equipment, software or any combination thereof, inability to access Akasa Air’s Instagram /Contest, for problems in uploading or downloading any Contest-related materials, or any printing or typographical errors in any materials associated with Contest, or for late, lost, damaged, misdirected, incorrect or incomplete entry or any delay, damage, non-receipt, lost or misrouted prizes.
viii. If for any reason any aspect of this Contest is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of Akasa Air which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Akasa Air may in its sole discretion cancel, terminate, modify or suspend this Contest, or invalidate any affected submissions, without giving any reasons or prior notice.
ix. Akasa Air may, in its sole discretion, disqualify any submissions, and prohibit further participation in this Contest by any person who tampers with or benefits from any tampering with the submission process or with the operation of this Contest or acts in violation of these terms and conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
x. Akasa Air shall not be responsible and/or liable for any/all disputes regarding acceptability, suitability, delivery, service, defects, deficiency, performance or quality of the services /products provided under the Contest.
xi. Comments other than those related to the Contest, posted on the Contest post, will be deleted.
5. Prize And Related Terms:
i. Twenty (20) lucky winners shall stand a chance to win an Akasa Air hamper (“Prize”). The winners should be willing to share their addresses within 03 (three) days from the date of the announcement, to avail the Prize. Failure to do so will result in forfeiture of such winner’s Prize. The acceptance of the Prize(s) by the winner is purely voluntary. In case any such winner does not desire to avail of the same, they shall communicate it in writing to Akasa Air.
ii. The results shall be final, and no claims will be entertained in this regard.
iii. All entries are subject to verification of eligibility and compliance with these terms and conditions. Akasa Air reserves the right to disqualify any entry without prior notice to the participants.
iv. Winners will be announced on Akasa Air’s official Instagram account. The Contest winners may also be intimated by email or Instagram DM. Akasa Air, however, reserves the right to use any other method or medium at its sole and absolute discretion for announcing the Contest winner.
v. In order to claim the Prize, the winner will have to submit a valid self-attested photo identification proof (copy of Voter ID card/Passport/driving license/Aadhar Card) and address proof (copy of Voter ID card/ Passport/driving license/Aadhar Card/electricity bill) in the manner and within such time period as provided in the email which may be sent to them informing about the result or any other document as may be required by Akasa Air.
vi. In the event any Contest winner is unreachable, ineligible, fails to submit the relevant documents, or fails to claim the Prize within the stipulated time, the Prize shall stand forfeited, and no claims shall be entertained in this regard.
vii. All winners are subject to verification, including without limitation, verification of eligibility through checks as deemed appropriate by Akasa Air, and must be compliant with these terms and conditions. Akasa Air reserves the right to verify the winner’s details either on its own or through its authorized agency/person and the winner shall provide all necessary assistance in such verification. In exercising this right, Akasa Air may ask the winner to provide any documentary or other form of evidence, and if evidence does not establish the same then Akasa Air, in its sole discretion, will have the right to disqualify such winner and no claims shall be entertained in this regard.
viii. Akasa Air further reserves the right to reject any entry by a participant / winner which is either invalid, incomplete, derogatory or the documents submitted by the winner prima facie appears to be false and fabricated.
ix. The Prize cannot be exchanged with any product or item, is non-transferable and cannot be encashed under any circumstances. No other offers/contests can be clubbed with this Contest.
6. Terms for Prize:
i. It is the sole responsibility of the winner to identify and obtain all necessary documents and have them available when necessary. No refunds will be given to individuals who fail to bring proper documentation.
ii. The decision of Akasa Air shall be final and binding and is non-contestable.
iii. The participants hereby agree and warrant to-
a. providing their personal details, including name, age, state, city, address, phone number, etc., and undertake that the same is true, correct, accurate, and complete in all respects and consent for the use of the same by Akasa Air in relation to the Contest;
b. receiving communication(s) from Akasa Air relating to the Contest and unconditionally agree not to make any claim or raise any complaint against Akasa Air in this respect.
c. granting Akasa Air all the rights to use the entries submitted in the Contest, free of charge, in any media and manner, including without limitation, the right to publish, adapt, distribute, copy, display or translate the entries in printed or electronic media even if they are not the winning entries. Akasa Air has the right to use the entries in perpetuity, for commercial/non-commercial purposes as well as for promotional/non-promotional purposes. Akasa Air reserves the right to not give credit to the participants for their entries.
iv. The participants also acknowledge and accept that the decision with respect to the winners made by the Akasa Air committee shall be final and binding.
v. Akasa Air reserves the right at any time and at its sole and absolute discretion, to substitute, withdraw or cancel any prize without prior notice and without having to disclose any reason, therefore, and without any payment or compensation whatsoever in lieu thereof.
7. Other terms:
i. All participants and winners waive any and all rights of claim against Akasa Air and its sponsor partners with regard to the Contest or the terms and conditions thereof.
ii. Akasa Air reserves the right to withdraw the Contest and/or change, amend, extend, withdraw and/or alter any of the terms and conditions of this Contest, without any reason and at anytime, without prior notice.
iii. The winner of the Contest may voluntarily opt out of it.
iv. The participants must ensure that they have read and abide by all the terms and conditions before they take part in the Contest. Participation in the Contest shall imply that the participants have read through and agreed to adhere to the terms and conditions in totality and also agree to be bound by the same.
v. It is expressly clarified that it will be the responsibility of the participants to ensure that their Instagram application and/or mobile phones have been timely updated. Akasa Air will not be responsible for any technical issues that the participants may face while using the Akasa Air AR filter.
8. Additional Terms and Conditions:
i. By entering this Contest, and to the extent allowed by law, the participant/winner (i) agrees that the results and proceeds of entries including but not limited to the pictures of the winner clicked whilst receiving the prizes, if any, shall be the property of Akasa Air, and will be owned exclusively by Akasa Air worldwide; (ii) grants Akasa Air the absolute right and permission to edit, modify, publish, exploit and use the content of and elements embodied in the entries and the entries themselves in perpetuity in any and all media including but not limited to digital and electronic media, computer, print, audio and audio-visual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further permission, approval, consent or consideration in any form; (iii) agrees that email may satisfy any writing requirement that may apply to the assignment, conveyance, transfer, license, or waiver of any of the aforementioned rights, (iv) waives and releases Akasa Air from any and all claims that participants/winner may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" or unfair competition with respect to Akasa Air’ exploitation of entries without further compensation to participants of any kind, (v) agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Akasa Air or its sponsor partners, or any other person, on the grounds that any use of any entry, or any derivative works, infringe or violate any of participants' rights therein, and (vi) agrees that no entries will be returned to participants. Participants also agree that Akasa Air shall have the right and permission to use the name, photograph, testimonial, stories or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, without compensation or notice to, or further consent of the winner to the extent permitted by law. Participants also agree that Akasa Air may have access to, may have created, or may in the future create designs, ideas and concepts that may have familiarities or similarities to his/her entry, and that he/she will not be entitled to any compensation or right to negotiate with Akasa Air because of these familiarities or similarities.
ii. Akasa Air reserves its rights to verify identity of participants and disqualify any participant who is found using multiple Instagram IDs for the contest.
iii. Akasa Air will not enter into any correspondence, including email, with non-winning participants. Akasa Air reserves the right, in its sole discretion, to disqualify any individual found tampering with the entry process or entry materials.
iv. Participation in the Contest is discretionary, and no purchase of a product or participation fee is required for participating in the Contest.
9. Exclusion of Liability:
i. Akasa Air and its related companies and agencies will not be liable for any loss or damages (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence) in connection with this Contest or the acceptance or use of any Prize, except for any liability not excluded by law.
ii. Nothing on the page, or on any other website of Akasa Air, or relating to this Contest, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Akasa Air or its related companies or any third party, whether by estoppels, implication or otherwise.
iii. Akasa Air and/or its agent shall be licensed to evaluate all submissions for the purposes of this Contest, including verification and as specified in these terms and conditions.
iv. The software and programming code and media relating to Akasa Air Instagram account and Contest-related communication is protected by the applicable laws of copyright, trademark, patent, unfair competition and other proprietary laws.
v. Akasa Air accepts no responsibility of licensing and copyright issues of the uploaded and/or edited images. Should any participant have questions about licensing issues and copyright, Participant must contact their appropriate local legal services forum for advice. Any postings of pictures by a participant will be presumed by Akasa Air as consented by the participant or subject to fulfilment of any IPR related formalities by such participant. Akasa Air shall always trust the same in good faith, unless any claim is made by any third party, for which the participant hereby indemnifies Akasa Air for all claims, costs, damages, risks and expenses.
i. A participant shall be deemed to have notice of any such amendments or interpretations upon publication of the same on Akasa Air Instagram account and shall be deemed to have accepted such amendments or interpretations by virtue of his/her continued participation in this Contest.
ii. Apart from the entitlement to the Contest invite, the winner will have no other rights or claim against Akasa Air.
iii. Akasa Air shall not be liable for any failure to comply with its obligations, or any loss or damage caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, acts of God or any other circumstances amounting to force majeure.
iv. The winning entries might be used in any campaign/promotions organized by Akasa Air.
v. In the event of any conflict or inconsistency regarding any instructions, rules and conditions on any advertising or promotional material relating to the Contest, these Terms and Conditions shall prevail over all such other instructions, rules and conditions.
vi. Failure by Akasa Air to enforce any of its rights at any stage does not constitute a waiver of those rights.
vii. This Contest is in no way sponsored, endorsed or administered by, or associated with any social media platform. The participant will be providing their information to Akasa Air and not to social media channels. By participating in the Contest, the participant hereby consents to the accessing of information of the user on social media platforms of Akasa Air in India or anywhere else by Akasa Air and/or its authorized third-party agency for the purpose of this Contest.
11. Intellectual Property Rights:
All rights, title and interest including but not limited to the Intellectual Property Rights in the promotional material(s) and any/all entries received shall vest solely and exclusively with Akasa Air at all times and Akasa Air shall be entitled to use the database of the entries received or any information in any media for future promotional, marketing and publicity purpose without any further reference or payment or compensation to participant. Participant shall be solely responsible for any consequences which may arise due to any kind of infringement of copyrights or any kind of intellectual property rights belonging to any other person/ entity etc. and also undertake to indemnify Akasa Air, its authorized third party agency and their officers, directors, employees etc. on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis.
a. Participation in this Contest is purely voluntary. b. The data given by the participant i.e. mobile number, email Id, postal address and name, will be used in confidence by Akasa Air and its other partners. c. Any participant who is suspected of any act of hacking would immediately be disqualified from the Contest or any ongoing promotion without any notice. d. By participating in this Contest, participants agree to be bound by the terms and conditions and regulations of Akasa Air.
The decision of Akasa Air as to the interpretation of any clause shall be final and binding on all participants/winner.
This Contest is strictly governed under the laws of India. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction in Mumbai, India only. All ‘Instagram’ User Terms and Conditions along with these terms and conditions shall apply to this Contest.
ALL PARTICIPANTS HEREBY ACCEPT THE CONDITIONS STATED IN THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE DECISION OF AKASA AIR, AND WARRANT THAT THEY ARE ELIGIBLE TO PARTICIPATE IN THIS CONTEST AND RELEASE AKASA AIR FROM AND AGAINST ALL CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THEIR PARTICIPATION AND/OR ENTRY IN THE CONTEST AND/OR AWARDING OF OR USE OF ANY PRIZE AWARDED IN THIS CONTEST. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, AKASA AIR RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. THE PARTICIPANTS AGREE TO INDEMNIFY AND HOLD HARMLESS AKASA AIR, ITS ASSOCIATED COMPANIES, AUTHORISED THIRD PARTY AGENCY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITY (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRY/RESULT, OR USE THEREOF, OR BY RESPECTIVE PARTICIPANTS' BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST.