Dear Customers, SMS Crore Ka campaign ended on 5th June 2012. Stay tuned for Winners Updates!
Disclaimer: The Customer agrees and acknowledges that in relation to this Campaign he shall not respond to any calls/SMSs directing to make calls or send SMSs to any other number/short code by which the customer are offered to win any prize (whether money or in kind) in lieu of balance transfer. Ignorance of this warning by the Customer shall not accrue any liabilities/responsibilities on Warid including but not limited to liability/responsibility towards any direct or indirect loss occurred to the Customer.
WINNERS WILL BE INTIMATED BY WARID FROM A CALL MADE FROM THE NUMBER 00321. ANY CALLS FROM ANY NUMBER OTHER THAN 00321 PERTAINING TO THE CAMPAIGN ARE FICTITIOUS AND SHOULD BE IGNORED.
Warid Telecom (Pvt) Limited (henceforth “Warid”) which provides telecommunication services in the Islamic Republic of Pakistan, AJK and Gilgit Baltistan (the “Territory”). Warid has created a Wallpaper service (“Wallpaper Services”). Warid is further launching a short messaging service (“SMS”) based promotional campaign (the “Campaign”) for its Wallpaper Services; the duration of the Campaign is provided herein below. For the purposes of the Campaign, Warid has created a WAP Site which shall be updated frequently to incorporate the new Wallpapers (henceforth the “WAP Site”). Warid has also created the web site containing these Terms and Conditions as defined below (“Web Site”) to give the detailed information pertaining to the Wallpaper Services, the Campaign and the Programme.
The terms and conditions mentioned herein ( “Terms and Conditions”) shall determine the rights and liabilities of Warid and the Service User (as defined below) regarding the Campaign and/or the Programme. The Service User accepts the Terms and Conditions in their totality. If someone does not accept the Terms and Conditions hereof, he must not proceed to visit the Web site, WAP Site, register in the Wallpaper Services, make use of Wallpaper Services and participate in the Programme. .
Any reference to the singular shall include the plural and vice versa and any reference to one gender shall include all genders including the neuter gender.
CHANGES IN THE TERMS OF CAMPAIGN/SERVICES
Warid maintains the absolute right to amend the Terms and Conditions hereof by publishing the amendments and changes on its official web site.
RIGHT TO USE THE WALLPAPER SERVICES UNDER THE CAMPAIGN
All natural persons residing in Pakistan, who are at least 18 years old, and are Warid’s registered Customers can become the subject of the Campaign and participate in the Programme (as defined below).
USE OF THE WALLPAPER SERVICES
Under the Campaign, the wallpaper services are available through the WAP Site http://smscroreka.waridtel.com which can be accessed via GPRS/WAP Service and a GPRS enabled handset and comprises of providing wallpapers (“The Wallpapers”) that the Service User can download and save in his mobile phone (the “Hand Set”). For someone to register for Wallpaper Services (the “Service User”), he shall be required to register by sending an SMS to the short code 3001 (the “Registration Access Number”). By sending an SMS containing keyword “W” or “CRORE” to the Registration Access Number, the Service User can connect to the WAP Site whereafter the Service User shall receive a unique password, through SMS from the short code 3000 (the “Short Code”). After receiving the password on his Hand Set, the registration procedure of the Service User shall be completed and the Service User shall be able to download the Wallpapers of his choice against the Credit Points (as defined below) by connecting to the WAP Site. The Service User shall not reveal his password to any third party/person. The Service User shall be exclusively responsible for all actions taking place through the use of his password and also for maintaining its confidentiality. The Service User shall not use the WAP Site for illegal or immoral purposes.
COST OF THE WALLPAPER SERVICES UNDER THE CAMPAIGN
A Service User may purchase as many Wallpapers as they wish with each purchase of a Wallpaper costing Rs.9.99 (excluding all applicable taxes, levies and fees). A Wallpaper may be purchase by sending an SMS to the Short Code. When the SMS is sent the Service User will be charged the sale price of a Wallpaper of Rs.9.99 and against that shall accrue one (01) Wallpaper content credit point (the “Credit Point”) to the Service User and the Service User shall be able to download one Wallpaper against a single Credit Point from the WAP Site. Each Wallpaper downloaded by the Service User shall reduce one Credit Point from his accumulated Credit Points.
Sending an SMS for registration in the Campaign to Registration Access Number will be free of charges. SMS receiving from the Short Code shall also be free of charges. However the WAP GPRS shall be charged separately as per Warid’s applicable tariffs (the detailed information regarding charges for using WAP GPRS can be obtained at http://www.waridtel.com).
DURATION OF THE CAMPAIGN
The duration of the Campaign is fixed for 86 days starting from 12th March, 2012 and ending on 5th June, 2012 (the “Campaign Period”). Warid may terminate/discontinue the Campaign at any time during the Campaign Period, however the Service User shall be intimated in accordance with the applicable laws before the termination/discontinuation date. After the termination/discontinuation of the Campaign or expiry of Campaign Period, Warid bears no obligation towards the Service User including but not limited to any liability for not using the Credit Points before the termination/discontinuation date or expiry of the of the Campaign as the case may be.
A number of Promotional SMS teasers will be sent to Service User throughout the duration of the Campaign; and the Service User acknowledges that he has no objection on receiving such teaser SMS.
INTELLECTUAL PROPERTY RIGHTS
The Service User acknowledges that Warid possesses all intellectual property rights for the Wallpapers to be downloaded by the Service User. The Wallpapers downloaded shall be only for the personal use of the Service User and shall not be shared with any third party in any manner.
OBLIGATIONS OF SERVICE USERS
The Service User unconditionally accepts the terms and conditions mentioned herein in addition to the terms and conditions of Warid ’s standard Cellular Services Agreement Form (“CSAF”) and shall absolutely comply with them. The Service User shall refrain from any illegal, unfair or improper actions/deeds/omissions while accessing the WAP Site and downloading the Wallpapers therefrom that can cause any damage or malfunction to the Wallpaper Services, the Web Site, WAP Site or adversely influence/jeopardize the provision of other Warid Services.
RULES OF THE PROGRAMME
9.1 “SMS Crore Ka” is a programme (the “Programme”) which is supplementary to the Campaign.
9.2. The Service User in consideration of having registered in the Wallpaper Services/Campaign and purchased a Wallpaper shall be entered into the Programme at no further cost to the Service User.
The Service User after registration in the Wallpaper Services/Campaign shall receive a Welcome message from the Short Code with a short introduction of the Programme.
Thereafter the Service User shall receive one by one an SMS containing a question with 2 options for possible answers whereof the Service User may answer as per his knowledge by replying to such SMS.
The Service User shall be free to opt for answering each question to further purchase a Wall Paper following the method stipulated in paragraph 5 above.
Every SMS containing a question shall expire automatically, if the Service User has not replied thereto at the time when a new alike SMS is pushed to the Service User.
9.3. The Service User shall get certain points (the “Game Points”) which shall be 50 Game Points in case of correct answer and in case of incorrect answer the Service User shall get 20 Game Points. Each Game Point will be treated as raffle entry for prize winning through lucky draws, as explained in detail herein below. The Game Points shall accumulate during the course of Campaign.
9.4. The Service User may receive daily and weekly prizes, bonus prizes and Grand Prize (“The Prizes”) through entering into the Programme.
9.5. The daily prize will be awarded to one (1) lucky draw winner every day throughout the duration of the campaign, except Sundays and the last four days of the Programme. The daily prize will amount Rs. 100,000/- (Rupees One Hundred Thousand Only).
9.6. The weekly prize will be awarded to one (1) winner every week (on every Sunday) who would have earned the maximum number of Game Points during the immediate last week by participating in the Programme. The weekly prize will amount Rs. 500,000/- (Rupees Five Hundred Thousand Only). In case there shall be more than one Service User who earned maximum/highest Game Points during the last week, the weekly prize shall be given to the Service User who earned such Game Points earlier.
9.7. The bonus prizes will be given at any time during the Programme through bonus participation schemes. For each bonus participation scheme during the Campaign, Warid shall randomly select a time period of its own choice, however the Service User shall be intimated before the start of such period. The Service Users who successfully participated in the bonus scheme by meeting the criteria of such bonus scheme shall be considered qualified for the entry in the lucky draws for bonus prizes. Bonus prizes may consist of any of the following:
a) Free Fuel for 1 year
b) Free Airtime of 1,000 minutes on Warid to Warid numbers
9.7.1. Free Fuel for 1 year will be given to 10 winners throughout the Programme. The monetary amount equal to 160 liters of fuel per month for 1 year (1920 liters in total) will be awarded to the winners of this bonus. The winners will receive a cash prize equating the existing price of 1920 liters, which shall be subject to deduction of applicable taxes.
9.7.2 Free Airtime of 1,000 minutes will be given to 300 winners throughout the Programme. Winners having Pre Paid connections will be credited the amount equal to the worth of 1000 minutes Airtime as per their applicable package after deduction of applicable taxes on such credited amount. The Post paid Customer shall be given a credit note of an amount equal to the worth of 1000 minutes Airtime as per their applicable package after deduction of applicable taxes on such credited amount.
9.8. The daily, weekly and bonus prizes shall be decided during the Campaign Period.
9.9. Every Service User who has participated in the Programme during the entire period of the Campaign shall qualify for the lucky draw of Grand Prize with entries equal to all their accumulated Game Points. The Grand Prize will amount to Rs. 10,000,000/- (Rupees Ten Million Only).
The language of the Programme shall be Roman Urdu.
9.11. All Service Users who have executed the CSAF against the MSISDN (cell number) under their use shall be eligible for the Programme and not otherwise. However the following shall not be eligible to participate in the Programme:
CONDITIONS TO RECEIVE THE PRIZES
All prizes will be awarded within 60 days of the expiry of Campaign Period.
All prizes, including daily, weekly, bonus and Grand Prize, will be subject to applicable taxes before being handed over to the winning Service User.
All Service Users who have answered one question on any particular day during the Campaign Period will be eligible for such day’s lucky draw with entries equal to their all accumulated points gathered in that particular day. The Service User will also be eligible for the grand prize lucky draw.
10.4. The prize winning Service User shall be required to produce his original CNIC for verification of his antecedents from Warid record and after verification such Service User shall be given the prize.
10.5. If the winner is under 18, then the prize will be awarded to the person whose name the SIM card is registered to. The prize will be handed over only after verification of his CNIC, as per clause 10.4.
Warid reserves the right to disqualify any Service User to receive the prize if it has reasonable grounds to believe that the Service User has breached any provision of the Terms and Conditions and the CSAF.
10.7. The prize winning Service User shall be contacted by Warid and such Service User shall confirm in writing that he is, the lawful owner of the SIM and MSISDN (cell number), is entitled to receive the prize and in case of any claimant disputing the receiving of such prize he shall be responsible for the settlement of such dispute and shall indemnify Warid in full regarding such dispute (including all cost, expenses and reasonable attorney fees incurred by Warid in relation thereto).
10.8. The prize winning Service User shall provide all the documents required by Warid including a Disclaimer stating that he does not have any First Degree Relative in the employment of Warid.
10.9 The Service User agrees that Warid may use such photographs, videos and audio recordings taken at the time of prize distribution, communication happened/exchanged during contact by Warid for intimation of prize winning and other information including names, surnames etc in Warid’s advertisements of the Campaign without prior/specific consent for such purpose. The consent given here and the incorporation of any contents/information in the advertisement of the Campaign shall not entitle the Service user for any remuneration/amount in any manner. The terms and conditions for receiving the prize shall remain applicable even if any contents/information mentioned above shall be incorporated/released in the advertisements of the Campaign.
Warid will select up to 5 runners-up for every prize. If the notified winner Service User cannot be reached, disqualified or refuses the prize or fails to appear to collect it within 15 calendar days (the “Grace Period”) of the notification/intimation, then Warid will contact one of the runner-up and declare such runner up Service User the winner of the prize. After the lapse of the Grace Period, the claim from any Service User shall not be entertained without regard to the reason of such delay/lapse.
10.11. The prize winning Service User must have a Bank Account in order to receive the Prize. In case the winner does not have an existing Bank Account, he will be given a period of 15 working days to open an account and revert back to Warid. In case he does not revert back to Warid in the prescribed time period of 15 days, it shall be considered the lapse of Grace Period and such Service User shall face the consequences of lapse of Grace Period.
The Service User acknowledges that the decisions made by Warid shall be final and binding on him.
UNREGISTRATION FROM THE CAMPAIGN/PROGRAMME
11.1 If any Service User shall desire to be unregistered from the Campaign and/or the Programme, he shall send an SMS with keyword “STOP” to the Registration Access Number 3001. The accumulated points will be retained and the Service User will be eligible of prizes if applicable.
11.2 If a Service User decides to re-register after unregistering from the Programme, he can continue playing by sending an SMS with any keyword or a blank SMS or an SMS containing keyword “W” to the Short Code 3000. All previously accumulated points will automatically become available for the re-registered Service User.
12.1. Warid shall not have any liabilities towards the Service User after the expiry of Campaign Period except provided otherwise expressly in the Terms and Conditions.
Warid shall not be responsible for any loss or damage resulting to the Service User or any third party in any manner in association and /or connection with the Campaign/Programme and participation therein.
12.3. Warid undertakes/gives no warranty (whether express or implied) whatsoever with respect to the entitlement of any prize by mere participation of Service User in the Campaign or the Programme.
12.4 Fraud or abuse relating to accrual of Credit Points or the Game Points, may result in forfeiture/cancellation of such accrued Points as well as cancellation of a Service User’s eligibility for the Campaign and/or the Programme, suspension of Warid’s Services to the Service User and termination of Service User’s Warid connection; and any decision by Warid in this respect shall be final.
Notwithstanding the Clause 13.4, all questions or disputes regarding eligibility of Service User for the Campaign and/or the Programme, the accrual/accumulation of Credit Points or Game Points and giving of prizes shall be resolved by Warid in its sole discretion and any decision by Warid in this respect shall be final.
Warid’s failure to enforce a particular term and condition, remedy or penalty shall not constitute as a waiver of that term and condition, remedy, penalty by Warid. Further the enforcement of a term, remedy or penalty shall not mean the waiver of other terms, remedies or penalties available to Warid under this document, CSAF, other applicable documents/agreements between Warid and the Service User and the relevant laws.
By sending the first SMS to the Short Code, it shall be assumed that the Service User has read, understood and agreed with the provisions/paragraphs of the Terms and Conditions.
12.8. Warid reserves the right to disqualify any Service User from further participation in the Campaign/Programme, if in its judgment, the Service User has in any way violated these terms and conditions, or has violated the terms and conditions of the CSAF (which is mandatory to execute before availing Warid Services). If a Service User is availing Warid Services without execution of the CSAF, it shall be presumed a breach of these Terms and Conditions in itself.
Each of these Terms and Conditions mentioned herein shall be severable and distinct from one another and if at any time, any one or more of such terms and conditions is or becomes invalid, illegal, unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
12.10. If a Force Majeure event occurs that directly affects the ability of Warid to perform its obligations hereunder, Warid shall be entitled to suspend performance of such an obligation for the duration of the Force Majeure event. Force Majeure includes acts of God, war, hostilities, riots, civil commotion, strike, revolution, epidemic, accident, fire, flood, earthquake, blockade, or any other cause similar to the kind herein enumerated or of equivalent force not within the control of Warid (including but not limited to reasons attributable to failure of machinery, Warid’s telecommunication system, any hardware or software).
The decision of Warid in respect of any dispute that may arise in connection with these Terms and Conditions shall be final and binding on the Service User.
12.12. The Customer acknowledges that under this Campaign and Programme he shall not respond to any calls/SMSs directing to make/send calls/SMSs to any other number/short code or which are regarding award of any prize (whether money or in kind) in lieu of balance transfer. Ignorance of this clause by the Customer shall not accrue any liabilities/responsibilities on Warid including but not limited to liability/responsibility towards any loss occurred to the Customer.
COMPLAINT/QUERY HANDLING, DISPUTE RESOLUTION AND ARBITRATION
13.1 Service User can call at the helpline by dialing 321 round the clock for any complaints regarding the Wallpaper Services, Campaign or the Programme. The Service User’s call shall be recorded against his CLI for record keeping and in accordance with the instructions given by the Authority. Prescribed tariff rates shall be charged for using the helpline services.
13.2.If a Service User requires information regarding the Programme, he can send keyword “HELP” to the Registration Access Number 3001 and receive a summary of the Prizes and the commands.
13.3 A Service User can receive information of his accumulated points by sending keyword “POINTS” to the Registration Access Number 3001 without any charges.
13.4. The Wallpaper Services, Campaign and/or the Programme shall be governed by the laws of Pakistan and interpreted in accordance with laws of Pakistan. If the Service User shall be of the opinion that he has any right pertaining to the Campaign and/or the Programme and he wishes to invoke such right, the Service User acknowledges, understands and agrees that such right can only be invoked through the arbitration which shall be conducted by the sole arbitrator appointed by Warid and such arbitration proceeding shall be conducted in English or Urdu language at Lahore under the Arbitration Act 1940. It is further agreed by the Service User that only the courts at Lahore shall have the jurisdiction on any matter relating to the Campaign and/or the Programme.