- 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
- 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:
- be bound by these Terms and to comply with these
Terms as may be updated/modified from time to time;
- Our ‘Terms and Conditions for Use’ of the Platform
available at (“Platform
- the collection, use, disclosure and other handling
of personal information as described in Our ‘Privacy
Policy’, available All-time (“Privacy
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
- 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.
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
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.
- 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:
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.
- 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.
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
- 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
- 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).
- Any information provided by You to Us, whether at the stage
of registration or any time subsequently, should be complete
- 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
- 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
- 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
- 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
- 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
- You are prohibited from using the Platform for any purpose
that may be construed as circumvention or breach of
- 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
- 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
- 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
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
- 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
- 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
- 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.
- 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
- 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
- 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.
You may write to
email@example.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
interpreted in accordance with and governed by the laws of
- Any dispute, controversy or claim arising out of the Terms,
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.
- 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