Introduction

• Indiawin Sports Private Limited, a company registered under the Companies Act, 1956, having its registered office at 13th Floor, Maker Chambers IV, 222, Nariman Point Mumbai - 400021 ("MI"), owns and operates the ‘Mumbai Indians’ team (“Team”) in the Indian Premier League (“IPL”). Luxury Hotels International of Hong Kong Limited, having its registered office at 11/F, Cityplaza One, 1111, King’s Road, Taikoo Shing, Hong Kong (“Marriott”), promotes the ‘Marriott Bonvoy’ member loyalty program (“Marriott Bonvoy”) operated by Marriott International, Inc. in India. MI in collaboration with Marriott is offering and conducting the ‘Paltan’s All-time MI XI powered by Marriott Bonvoy’ contest on MI’s website at (“Platform”) allowing fans to create their own team of eleven players from a pool of players who have represented the Team, and stand a chance to win Marriott Bonvoy vouchers, in accordance with the terms set out herein (“Contest”).
• For the purpose of these Contest Terms and Conditions (“Terms”), wherever the context so requires "You", “Your”, “Yourself”, “Their” or “User” shall mean any person who accesses or uses the Platform to participate in the Contest. “We”, “Us” or “Our” shall mean MI, its employees, and authorised agents that perform any services on MI’s behalf in relation to the Contest.
• By participating in the Contest, You shall be deemed to have read, understood, accepted and agreed to:
  1. be bound by these Terms and to comply with these Terms as may be updated/modified from time to time;
  2. Our ‘Terms and Conditions for Use’ of the Platform available at (“Platform Terms”); and
  3. the collection, use, disclosure and other handling of personal information as described in Our ‘Privacy Policy’, available All-time (“Privacy Policy”).

Eligibility

You may participate in Our Contest only if You, as of the date of commencement of the Contest, are:

• eighteen (18) years of age or over;
• an Indian resident; and
• are not management, employees, directors or contractors, or the family of the management, employees, directors or contractors of MI or Marriott, its related entities or other agencies, firms or companies associated with the Contest.

User Account Creation and Operation

• In order to participate in the Contest, You will need to login to your ‘User Account’ on the Platform (“Account”) through your existing credentials if you are already a registered user on the Platform, or register and create an Account, if you are a new or unregistered user on the Platform. You will be required to fill up a ‘Registration Form’, and provide your full name, date of birth, state and city of residence, gender, account password, as well as a valid email address and mobile number, after which an Account will be created.
• By completing the registration process, You confirm Your acceptance of the Platform Terms, Privacy Policy and these Terms.
• During the registration process, You will be required to provide Your personal information, including, without limitation, Your full name, gender, date of birth, email address, mobile number, select your city and state of residence and choose a login password. You undertake that You will update this information and keep it current.
• Any information provided by You to Us should be complete and truthful to the best of Your knowledge. We are not obliged to cross check or verify information provided by You and We will not take any responsibility for any outcome or consequence as a result of You providing incorrect information or concealing any relevant information from Us.
• The Privacy Policy is available on https://www.mumbaiindians.com/privacy-policy and forms a part of these Terms. All personal information, which is of such nature that requires protection from unauthorized dissemination, shall be dealt with in the manner provided in the Privacy Policy. You hereby expressly consent to Our sharing of Your Account information with Marriott Bonvoy and other service providers and agents, for the purpose of conducting and facilitating Your participation in the Contest and related activities thereto.

Contest

• The Contest will commence at 10:00 AM Indian Standard Time (IST) on 11th May, 2020 and will continue until 10:00 AM IST on 21st May, 2020 (“Contest Period”).
• Registered Users on the Platform can participate in the Contest at https://www.mumbaiindians.com/paltans-all-time-mi-xi, by creating their team of eleven (11) players (“User Team”) from a pool of all Team players who have represented MI in the last twelve (12) seasons of the IPL (“Pool”), with a maximum of four (4) overseas players. It is hereby clarified that any new players signed in the IPL 2020 trade window and auction shall not be available in the Pool.
• The registered User must then appoint the captain and wicket keeper amongst the User Team and set the batting order of the User Team. Users may preview the User Team and team statistics prior to confirming and submitting your User Team to the Contest (“Contest Submission”).
• While submitting the Contest Submission, Users will be prompted to register for Marriott Bonvoy membership through a pop-up window which will redirect Users on a new tab to https://www.joinmarriottbonvoy.com/event3/s/en. In order to be eligible to win the Prize (defined below), the User must successfully complete registration for the Marriott Bonvoy membership. In the event that the User is an existing registered member of Marriott Bonvoy, the User shall login on such Marriott Bonvoy site with the User’s existing membership number and credentials.
• After submitting their User Teams, Users may download an image of their Contest Submission, with an option to share their Contest Submission on their social media handles. Users may also now view the list of most selected eleven MI players in the Contest, as of that day.
• The most selected eleven players as picked by all Users during the Contest Period (“Most Selected IX”) will be declared by MI at the end of the Contest Period and five (5) users who got their User Team closest to the Most Selected IX and had registered for the Marriott Bonvoy membership through the Contest, will be selected as a winner (“Winner”).
• If more than five (5) Users have their User Teams closest to the Most Selected XI, the following criteria shall be utilised to rank the Users (in ascending order) and determine the top five Users to be declared Winners:
  • First, which of the Users have appointed the same player selected as captain in the Most Selected IX as the captain of their User Team.
  • Second, which of the Users appointed the same player designated as wicket-keeper in the Most Selected IX as the wicket-keeper of their User Team.
  In the event the above criteria are unable to break the tie, MI and Marriott may at their full discretion utilise a randomised selection process to select the Winners, which shall be final and not be subject to review s or appeal by any User or by any third party.

Contacting Winners and Prizes

• The Winners shall be contacted by MI and Marriott Bonvoy on the mobile number or email address associated with the User Account of the Winner. In the event that the Winner is not reachable, the Winner will be informed that their Prize has been forfeited.
• In the event that the Winner is contacted and wishes to avail the Prize, the Winner shall have to verify their identity by providing any valid government identity proof such as Voter ID, Aadhar Card or Driving License, or such other document requested, and verify their Marriott Bonvoy registration by providing their membership number. MI, Marriott Bonvoy and/or their respective agents shall not be liable for default or delay in delivery of Prizes due to incorrect personal details provided by the eligible Winner.
• If the Winner is able to verify their identity to the satisfaction of MI and Marriott Bonvoy, then the Winner shall be eligible to receive a Marriott Bonvoy voucher worth Indian Rupees Two Thousand Five Hundred Only (INR 2,500/-) (“Prize”) from Marriott Bonvoy. It is expressly clarified that the Prize and its delivery shall be fulfilled by Marriot Bonvoy, and the Winner will make no claims to MI in this respect.
• Subject to availability of prizes, We and Marriott Bonvoy reserve the right to substitute any prize with another prize of similar or equivalent value without prior notice.
• Prizes are unique to the User and are non-transferable and are not exchangeable or redeemable in cash or cash-equivalent. In the event You attempt to transfer any prizes, these will be forfeited.
• You shall be solely liable for any tax liability that arises as a result of Your participation in the Contest and from receiving a Prize (if any).

User Representations

• Any information provided by You to Us, whether at the stage of registration or any time subsequently, should be complete and truthful.
• You hereby confirm that You are eligible to participate in the Contest in accordance with the terms specified in Clause 2 above. MI reserves the right to restrict access to, and participation in, the Contest to any person, from time to time in Our sole discretion
• You are aware that participation in the Contest organized by Us does not guarantee a prize to You. With full knowledge of the facts and circumstances surrounding this Contest, You are voluntarily participating in the Contest and assume all responsibility for any risk resulting from Your participation.
• You represent that You have the experience and the requisite skills required to participate in the Contest and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Contest. You further acknowledge that You are solely responsible for any consequence resulting from Your participating in the Contest or being associated with the Contest or around the Contest.
• You understand and agree that You are solely responsible for all content posted, transmitted, uploaded or otherwise made available by You. By submitting any content to the Contest on the Platform, You agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, edit, translate, create derivative works from, transmit, and share Your content and to use such content in an anonymized, aggregated and de-identified manner in any related marketing materials produced by Us or Our affiliates. Such content may include, without limitation, Your name, username, location, photograph, or players selected. You also understand that You do not obtain any rights, legal or equitable, in any material incorporating Your content. You further agree and acknowledge that MI has the right to use in any manner whatsoever, all communication or feedback provided by You.
• By choosing to register for the Marriott Bonvoy program through the pop-up window on the Platform, You agree to be redirected to a third party website i.e. the website of Marriott Bonvoy. The Marriott Bonvoy website is not owned, controlled or endorsed by MI, its affiliates, subsidiaries, and each of their employees, officers, directors, personnel or agents. MI does not warrant the performance, accuracy or completeness of the services and information displayed on the Marriott Bonvoy website and your registration or availing of any services offered or reliance on any opinion, statement, or information available on the Marriott Bonvoy website shall be at your sole risk.
• You shall not hold MI responsible for not being able to participate in the Contest for which You may be eligible to participate. This includes, but is not limited to situations where You are unable to log into Your Account as Your Account may be pending validation or You may be suspected or determined to have violated any of the Terms or Platform Terms.
• You acknowledge and consent that Your Contest Submission may be publicised as part of this Contest and the eligible Winners must, at the request of MI, participate in all promotional activity (such as publicity and photography) surrounding the winning of the Prize(s), free of charge, and they consent to MI and Marriot using their name, likeness and image in all promotional materials.
• You consent to receiving communications such as announcements, updates, administrative messages, promotions and advertisements from MI or any of its partners, licensors or associates.

User restrictions

• You undertake that You Yourself will play the Contest, which You have registered or joined, and You shall not use any form of external assistance to participate in the Contest. You shall not add unauthorized components, create or use cheats, exploits, bots, hacks or any other third-party software designed to modify the Platform or use any third-party software that intercepts, mines or otherwise collects information from or through the Platform or through the Contest. Any attempt to employ any such external assistance is strictly prohibited.
• Collusion between You and any other User(s) for participating in the Contest organized on the Platform or any other form of fraud or cheating is strictly prohibited. When collusion or cheating is detected, MI shall take appropriate action against offending Users, which may include Your disqualification from the Contest and may extend to the termination of Your Account, based upon the gravity and time-frame of Your fraudulent or mala fide conduct.
• You are prohibited from using the Platform for any purpose that may be construed as circumvention or breach of applicable law/regulations.
• Your registration across the Platform is restricted to a single Account, which will be used by You to enter Contests. You are prohibited from creating or using multiple Accounts across the Platform for participation in the Contest.
• Your participation in the Contest, use of the Account and the Platform shall be subject to the Platform Terms, available on https://www.mumbaiindians.com/terms-and-conditions.
• You shall not exploit the Contest offered and content available on the Platform for commercial purposes including but not limited to providing an over-the-top service that utilises the Contest or Platform to operate or copy the contest experience on the Platform.
• You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Account, content, rankings, ratings, or any other attributes appearing in, originating from or associated with the Platform and/or Contest.
• Accessing or attempting to access the Platform/Contest through someone else's User Account is strictly prohibited.
• You shall not post any material or comment, on any media available for public access, which in Our sole discretion, is defamatory or detrimental to Our business interests, notwithstanding the fact that such media is not owned or controlled by Us. In addition to any other action that We may take pursuant to the provision hereof, We reserve the right to remove any and all material or comments posted by You and restrict Your access to any media available for public access that is either controlled or moderated by Us; when in Our sole opinion, any such material or comments posted by You are defamatory or detrimental to Our business interests.

Content

• All content and material on the Platform including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation, statistics, games and software (collectively referred to as "Content"), whether or not belonging to MI, are protected by applicable intellectual property laws. Additionally, all Contest Submissions, chat content, messages, images, recommendations, emails, images sent by any User can be logged/recorded by Us and shall form part of the Content and MI is free to use this material in any manner whatsoever.
• All Content on the Platform in relation to the Contest shall be utilized only for the purpose of availing and accessing the Contest and in conformity with the Terms.
• You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by MI or Our licensors and that You have no right, title or other interest in any such items except as expressly stated in the Terms.
• You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content solely for the purposes of accessing and participating in the Contest and for no other purpose whatsoever.
• You shall not sub-license, assign or transfer the license granted to You, or rent or lease or part with the whole or any part of such license or of the Content included in such license.
• You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Platform in any manner other than as permitted for obtaining access to or participating in the Contest.
• You may access information on, and download and print extracts from the Platform and your Contest Submission for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You by downloading and You are expressly prohibited from using such materials for any commercial purpose unless agreed with Us in writing.

User Account Suspension

MI may at its sole and absolute discretion suspend or otherwise put restrictions on Your access to Your Account and to the Platform during investigation for suspected violation of the Terms, Platforms Terms, or any other abuse of Your Account or suspected breach of security of Your Account. Our decision to suspend or restrict the Platform or any part thereof as We deem appropriate shall be final and binding on You.

Breach and consequences

• In the event of breach of any of the Terms being evidenced from Our investigation or if there is reasonable belief, in Our sole discretion, that Your continued access to the Platform/Contest is detrimental to the interests of MI, Our other Users or the general public, We may in Our sole discretion take any or all of the following actions:
  • Restrict Users suspected of colluding or cheating from the Contest/Platform;
  • Permanently suspend and terminate Your Account on the Platform;
  • Demand damages for breach and take appropriate civil action to recover such damages; and/or
  • Initiate prosecution for violations that amount to offences in law.
• Additionally, in the event of committing material breach hereof, We reserve the right to bar You from future registration on the Platform and/or participation in any other contests/promotions conducted by Us in the future.
• The decision of MI on the action to be taken as a consequence of breach shall be final and binding on You.
• Any action taken by MI shall be without prejudice to Our other rights and remedies available in law or equity.

Limitation of Liability

• Users shall access and participate in the Contest voluntarily and at Their own risk. MI shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Platform (including participation in the Contest) or as a result of acceptance of any Prize.
• MI accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to any Prizes.
• In consideration of MI allowing Users to access the Platform and participating in the Contest, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against MI, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of access and use of the Platform or related to the Contest or Prizes of the Contest.
• In addition to specific references to limitation of liability of MI elsewhere in the Terms and Platform Terms, under no circumstances (including, without limitation, in contract, negligence or other tort) shall MI be liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with Your access to, or use of, or inability to access or use, the Platform including Your participation in the Contest. You further agree to indemnify Us and Our service providers and licensors against any claims in respect of any such matter.
• Without limiting the generality of the foregoing, You specifically acknowledge, agree and accept that We are not liable to You for:
  • the defamatory, undesirable or illegal conduct of any other User of the Platform;
  • any loss whatsoever arising from the use, abuse or misuse of Your Account or any feature on the Platform;
  • any loss incurred in transmitting information from or to Us or from or to Our Platform by the internet or by other connecting media;
  • any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with Your access to the Platform including your participation in the Contest;
  • the accuracy, completeness or currency of any information services provided on the Platform;
  • any delay or failure on Our part to intimate You where We may have concerns about Your activities;
  • any delay in the provision of any Prize to You pursuant to Your participation in the Contest;
  • any warranty or service related issue arising out of or in relation to Your availing or usage of any Prize issued to You pursuant to Your participation in the Contest; and
  • Your activities / transactions on third party websites or applications accessed through links or advertisements posted on the Platform, including the Marriott Bonvoy website.

Disclaimers

• The Platform and the Content present on it are provided strictly on an "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. MI does not ensure or guarantee continuous, error-free, secure or virus-free operation of the Platform or its Content including software, Your Account, the Contest, or continued operation or availability of any facility on the Platform.
• Additionally, MI does not promise or ensure that You will be able to access Your Account or obtain access to the Platform whenever You want. It is entirely possible that You may not be able to access Your Account or the Platform at times or for extended periods of time due to, but not limited to, system maintenance and updates.
• MI disclaims responsibility and liability for any harm resulting from cancellation of the Contest organized by it.
• MI expressly disclaims any and all liability or responsibility whatsoever with respect to the Marriott Bonvoy, including but not limited to Your access and reliance on any information displayed on such website, Your registration, deficiency in services of Marriott Bonvoy, any claims related to the Marriott Bonvoy program and services, failure / disruption / inability to access the Marriot Bonvoy website or services, or technical errors, loss or theft of data, erroneous submission of data or information, or any virus, malware or phishing attacks.
• MI specifically disclaims any liability arising out of the conduct or supply of goods or provision of services by its sponsors, partners, service providers, vendors, or any damage or injury arising out of Your usage of such goods or availing of such services. You agree that Your usage or availing of a Prize shall be at your sole risk.
• MI specifically disclaims any liability in connection with Your transactions with third parties, which may have advertisements or are hyperlinked on the Platform.
• MI disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or User content posted on the Platform. Intellectual property rights in any Content not belonging to Us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
• MI specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Platform and the Contest.
• MI disclaims liability for any risk or loss resulting to You from Your participation in the Contest, including all risk of financial loss.

Queries

You may write to info@mumbaiindians.com with respect to any Contest related queries or assistance You may require or to notify Us of any grievances or concerns that You may have in relation to the Contest or to otherwise provide Us with feedback concerning the same.

Governing law, dispute resolution and jurisdiction

• The Terms, Platform Terms and Privacy Policy shall be interpreted in accordance with and governed by the laws of India.
• Any dispute, controversy or claim arising out of the Terms, Platform Terms or Privacy Policy shall be subject to the exclusive jurisdiction of the courts at Mumbai. The courts at Mumbai shall also have the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute.
• Participation in the Contest is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this clause.

Miscellaneous

• We reserve the right to make changes to these Terms at any time. We shall not be required to notify You of any changes made to the Terms. Any such modifications will become effective immediately upon posting to the Platform. As between MI and You, You shall be solely responsible for reviewing and becoming familiar with any such modifications. We may also, in Our sole discretion, notify You of such modifications, by contacting You through the registered email address and/or mobile number associated with Your Account (defined below). Access and/or participation in the Contest by You after any modification to the Terms, constitutes Your acceptance of the Terms as modified. You are advised to regularly visit the Platform to view the most current Terms. From time to time, We may by notification, require You to provide Your consent to the updated Terms in a specified manner, prior to any further use of the Platform and/or the Contest. You may then exercise the options provided in such notification to indicate non-acceptance of the modified Terms. If such options are not exercised by You within the time frame prescribed in the notification, You will be deemed to have accepted the modified Terms. We may also post supplementary conditions applicable to the Platform and/or the Contest. In such an event, Your use of the Platform and/or access and/or participation in the Contest will be governed by the Terms as well as any such supplementary terms that the Platform and/or access and/or participation in the Contest may be subject to.
• If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by You shall not be construed as a waiver of Our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.