Fit-A-Thon Terms and Conditions

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THIS COMPETITION KNOWN AS “FIT-A-THON” (HEREINAFTER REFERRED TO AS “COMPETITION”). BY PROCEEDING WITH PARTICIPATING IN THE “FIT-A-THON”, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“Terms and Conditions”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT PARTICIPATE IN “FIT-A-THON’’.

Terms and Conditions:

Fit-A-Thon is conceptualized, organized and conducted by Gympik Health Solutions Pvt Ltd, a company incorporated under the Companies Act, 1956 and having its registered office at #1357, 9th Cross, Aravind Marg, First Phase, JP Nagar, Bangalore- 560078, India, (hereinafter referred to as “Gympik”).

Fit-A-Thon is a competition for the bloggers from all over the world. The Registration and participation for Fit-A-Thon is open for a period from 15th December 2017 to 14th January 2018, both days inclusive.

For the purposes of these Terms and Conditions, wherever the context so requires “You” or “Your” shall mean any natural person who has registered in Fit-A-Thon. The blog posts to be submitted for Fit-A-Thon have to be written in English.

By participating in Fit-A-Thon, You:

• Agree to the Terms and Conditions mentioned below and give Your consent for the same.
• Warrant that You have read understood and agreed to conform to these Terms and Conditions.
• Warrant the accuracy, truthfulness and currency of all information that You might have to submit/may have submitted.
• Agree that you are entering into this Fit-A-Thon as an independent party and nothing herein establishes an employer-employee relationship between You and Gympik and You are acting voluntarily, using Your own time and resources to participate in Fit-A-Thon, solely at Your own risk.
• Agree, that it shall be deemed that You have read and have agreed to be bound by the Terms and Conditions herein, prior to participating in Fit-A-Thon.
• The Terms and Conditions can be amended or varied from time to time or withdrawn and therefore, please visit the Website periodically to keep Yourself updated and informed.

Procedure and Eligibility to participate:
This competition is valid for all who fulfill the following criteria:

• The participant should be 18 years of age or above.
• Fit-A-Thon is open for anyone who has their own blog and social profiles like Facebook, Instagram, Twitter, LinkedIn, Tumblr etc.
• The Participant must not have been either convicted and / or prosecuted for commission of any criminal offence nor be of an unsound mind; and
• The Participant must not be under any legal disability e.g. insolvency, restraint by court orders etc. and / or is prohibited from entering into any contractual relationship.

Further, the Winners will be selected according to the Winner selection process detailed in the Terms and Conditions herein. If the Winner is not able to provide sufficient documents mentioned herein, Gympik reserves the right to award the prize to the next eligible Winner or to forfeit the prize, at its sole discretion.

Registration & Participation:

1. Registration and participation will be open for all the bloggers all over the world from the date mentioned in the T&C and the Participants need to register to submit their entry for Fit-A-Thon.
2. A participant, irrespective of number of blogs or websites owned, can submit only one entry throughout the competition. In case of multiple entry submission, the first entry will be considered as valid and the remaining entries will be discarded.
3. If you are an employee of an organization and using their Website or blog for participating in this competition, you have to submit a No Objection Certificate (NOC) during the time of winner selection process/participation/as asked by the organizer.
4. Prizes and Winner Selection process:

The Winner Selection process and Competition are detailed herein the T&C.

• 1st Prize- Gift Card worth up to Rs. 10,000
• 2nd Prize- Gift Card worth up to Rs. 5,000
• 3rd Prize- Gift Card worth up to Rs. 3,000
• Runner’s Up – Gympik’s one month diet plan for the next 10 participants.

4.1. The selection of the winners of all the Prizes will be conducted after the end of Fit-A-Thon. The winners will be selected based on Gympik’s editorial rules and regulations.

4.2. The decision of Gympik in respect of all transactions under this competition including the process of Winner selection shall be final and binding and no requests shall be entertained in this regard for any reason whatsoever.

5. Terms of Use:

5.1. You further agree that the Content you submit as an entry will not contain any third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Gympik all of the license rights granted herein.

5.2. Gympik will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

5.3. Gympik reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Gympik may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.

5.4. After the selection and validation of the Winners of all the prizes under Fit-A-Thon, the Winners will be informed through a Facebook/Instagram Post on Gympik’s page, and will be given further details as to how, when and where they can collect their respective prizes. The prizes must be claimed by the Winners within 30 days from the date of Intimation to the Winners, failing which, the prize(s) will be deemed to be forfeited by Gympik under the respective categories of prizes.

5.5. Gympik reserves the right to provide cash or issue a Bank Gift Card (defined below) for the value of the prize won under Fit-A-Thon, after deducting applicable taxes, which may be redeemed by the Winner at stores accepting such Bank Gift Card.

5.6. A Bank Gift Card acts as a pre-filled card, in which the Winner’s prize amount, less TDS if applicable, is available and is given to the Winners under any category of prizes under Fit-A-Thon, at the sole discretion of Gympik.  This Bank Gift Card can be used and/or swiped as a credit or debit card in all outlets where debit or credit cards are accepted. The Bank Gift Card is valid for a minimum period of 12 months from the date of issue to the Winner. The applicable terms and conditions for such Bank Gift Cards shall be the terms and conditions stipulated by the relevant bank.

5.7. The prize(s) under this competition are neither assignable nor transferable under any circumstances. No other person or agent can claim the prize on behalf of the Winner, unless expressly mentioned herein.

5.8. Providing any incorrect information, concealing or withholding any information from Gympik with intent to participate and/or win Fit-A-Thon will automatically be disqualified from participating in it and winning the different categories of prizes. Such act of providing incorrect information, concealing or withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, shall entitle Gympik to disqualify the participant without any further intimation.

5.9. All prizes must be claimed by the Winners, along with the documents specified herein below within the specified timelines intimated by Gympik. The documents required to be submitted along with the claim by the Winners include the following (the document list is only inclusive and not exhaustive and can change as per the requirements of law): (a)Identity Proof; (b)Photocopy of PAN Card; (c)Address Proof; (d) Driving License.

5.10. All incidental costs, taxes or levies related to the prize(s), if any, shall be exclusively borne by the Winner, including but not limited to TDS, gift tax (if any), and any other taxes applicable by the Central, State or Municipal government.

5.11. Any prize of value in excess of Rs. 10,000/- in a year will attract deduction of tax at source. Further, all Winners must furnish a valid Indian PAN Card copy to claim the prize amount, or prize, irrespective of the value of the same, failing which the Winner’s prize shall be forfeited, or the prize shall be rolled over to the next eligible Winner, at the sole discretion of Gympik.

5.12. Post winner declaration and completion of their announcement and further process as the case may be if Gympik finds that the declared winners are wrong then Gympik reserves the right to declare the correct winners again and cancel the prize of winners declared earlier.

5.13. All prizes will be given after deducting various taxes, license fees and charges as applicable. All incidental costs (i.e. costs for collecting prizes including but not limited to travel from Winner’s place of residence to venue, lodging, boarding, food, local transport etc. In case of vehicle/car offered as prize, taxes/levies related to the prize, if any, shall be exclusively borne by the Winner, including but not limited to TDS, Gift tax (if any), road tax, insurance as may be applicable, and any other taxes levied by the Central, State or Municipal government.

6. Your Content and Conduct:

6.1 You understand that Gympik does not guarantee any confidentiality with respect to any Content you submit.

6.2 You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content for Fit-A-Thon. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Gympik all patent, trademark, trade secret, copyright or other proprietary rights in pursuant to these Terms of Service.

6.3. If the blog does not pass plagiarism test, Gympik at its sole discretion can disqualify the entry without any prior intimation.

6.4. The word count of the blog should be between 500 to 700 words.

6.5. Adding the note as mentioned in the Rules & Regulations and hashtagging is mandatory at the end of the submitted article.

6.6. Ensure your blog post remains public in social media.

6.7. In case of multiple entries, the first entry will be considered as valid and the remaining entries will be discarded.

6.8. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Gympik, you hereby grant Gympik a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and Gympik’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in content you submit to the Service terminate within a commercially reasonable time after you remove or delete your contents from the Service. You understand and agree, however, that Gympik may retain, but not display, distribute, or perform, server copies of your contents that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

6.9. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Gympik all of the license rights granted herein.

6.10. You further agree that you will not submit to the Service any Content or other material that is contrary to Gympik Guidelines.

6.11. Gympik does not endorse any Content submitted by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Gympik expressly disclaims any and all liability in connection with the Content. Gympik does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Gympik will disqualify all Content if properly notified that such Content infringes on another’s intellectual property rights. Gympik reserves the right to disqualify any participation without prior notice and no request or demand of elucidation will be entertained.

6.12. The employees and family members of Gympik and their group companies, affiliate or associate companies shall not be eligible to participate or win any of the prizes offered in this competition.

6.13. This Competition cannot be used in conjunction with any alternative offer or promotion which is of similar nature.

6.14. Apart from the entitlement to the above prizes, the Winners or their legal heirs, successors and representative will have no other rights or claims against Gympik, unless otherwise mentioned herein.

6.15. Gympik reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this competition or any part thereof including the eligibility criteria, the Terms and Conditions and prizes at their sole discretion at any time during its validity as may be required including in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond its control and the same shall be binding on the Participants.

6.11 Gympik reserves the right, at any time, to unconditionally disqualify participant who tampers with or who in any way abuses the process or Terms and Conditions, without giving any prior intimation to the participants.

6.12  The participants shall indemnify and keep indemnified Gympik and their officers, directors, employees, customers, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which Gympik may incur, pay or become responsible for as a result of breach or alleged breach of the representations or obligations of the participants hereunder; any failure by the  participants to comply with applicable law, including without limitation attempting to undermine the legitimate operation of Fit-A-Thon; and/or misuse of any information of a third party. Gympik shall have the right to defend themselves, pursuant to this Clause, at the cost of the participants. Gympik or its respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the Winner or any third party, in connection with Fit-A-Thon.

6.13. Gympik does not make any commitment, express or implied to respond to   any feedback, suggestion, advice, service and/or queries of the participants.

7. Warranty Disclaimer

7.1 You agree that your use of the services shall be at your sole risk. to the fullest extent permitted by law, Gympik, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the services and your use thereof to the fullest extent permitted by law. Gympik excludes all warranties, conditions, terms or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any

(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to participation in this competition,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our website,
(v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the competition. Gympik does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Gympik will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

7.2 These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in Bangalore.