1. These general terms and conditions (General Terms) shall apply to any contest conducted by ResMed India (ResMed) on any social media channel (e.g. Facebook, Instagram, YouTube, TikTok, Twitter or any other digital platform) (each, a Contest).
2. Each Contest will also have its own specific terms and conditions (Specific Terms) stating the details of the Contest (e.g. how to enter or submit an entry, contest duration, prizes, judging criteria, etc.). The Specific Terms will be published on ResMed India’s website and the social media channel where the Contest is run. These General Terms should be read together with the Specific Terms. If there is any conflict or inconsistency between these General Terms and the Specific Terms, the Specific Terms will take precedence to the extent of such conflict or inconsistency.
3. By entering a Contest, participants agree that they have read, understood and agree to be bound by these General Terms and the Specific Terms, including any amendments thereto.
4. ResMed reserves the right to amend these General Terms or the Specific Terms of a Contest from time to time, and to modify, cancel or suspend any Contest at any time in its discretion. Notice of any such amendments, cancellations or suspensions will be posted on [ResMed India’s website and the relevant social media channel where the Contest is run].
5. ResMed may in its absolute discretion determine the eligibility of any participant in any Contest. Without limiting the generality of the foregoing, unless otherwise stated, each Contest is open to persons who:
(a) have an active account on the relevant social media platform;
(b) have their social media account privacy setting as “public” (i.e. not “hidden” or “private”) during the Contest period;
(c) are not employees of ResMed or their immediate family members, vendors or contractors or marketing agencies of ResMed or their employees, or any other parties directly involved in organising, promoting or conducting the Contest; and
(d) are at least eighteen (18) years of age on the start date of the Contest.
6. Each Contest shall be open for submission of entries for the period indicated in the Specific Terms.
7. Each participant may submit only one (1) entry for each Contest unless otherwise stated. Duplicate entries on different platforms for the same Contest will, if identical, be counted as a single entry or, if different, all be disqualified.
8. By submitting an entry, each participant represents and warrants that:
(a) he/she is the authorised account owner of the social media account used to submit the entry;
(b) he/she is the sole owner of the copyright and all other intellectual property rights in the entry;
(c) where the entry is subject to the rights of third parties, he/she has, prior to submitting the entry, obtained all consents from such third parties in respect of the entry;
(d) the entry has not been used for commercial purposes, or previously published or submitted in any other contests;
(e) he/she is not infringing on any third party’s intellectual property rights or in violation of any laws or regulations by entering the Contest.
ResMed reserves the right to request for proof of any of the aforesaid consents at any time. If a participant fails to provide such proof as requested within the timeframe specified, ResMed may disqualify such participant’s entry for the Contest.
9. By submitting an entry, each participant agrees:
(a) to grant to ResMed a non-exclusive, royalty-free, irrevocable, transferable, worldwide and perpetual licence to use, reproduce, reformat, modify, edit, publish, publicly display, screen, distribute and sub-license the entry in any media format, on any media channels and for any purposes as deemed fit by ResMed, including for the purposes of advertising and marketing;
(b) that ResMed may disclose his/her name and particulars of the entry for publicity purposes; and
(c) if the entry is selected as a winning entry, he/she shall cooperate and participate in publicity activities (including photographs, videos or interviews) if required by ResMed;
(d) that the Contest is in no way sponsored, endorsed, administered by or associated with the relevant social media platform (e.g. Facebook, Instagram), and questions, comments or feedback relating to the Contest are to be addressed to ResMed and not such social media platforms. Each participant also agrees that he/she is responsible for complying with the terms and conditions of these platforms and ResMed shall not be liable in any way for the participant’s account and usage.
10. All decisions by ResMed relating to each Contest are final. ResMed shall not be obliged to provide reasons concerning the selection of any winning entry or to entertain any appeals. ResMed reserves the right to substitute or modify the judging criteria at any time and for any reason.
11. ResMed reserves the right to disqualify any entry which does not comply with these General Terms or the Specific Terms or which is, in the sole opinion of ResMed, deemed to be incomplete, illegible, incomprehensible, fraudulent, misleading, deceptive, defamatory, offensive, sensitive, plagiarising, infringing on any third party’s rights, unlawful or otherwise inappropriate.
12. Unless stated otherwise, winners of each Contest will be contacted via the social media channel on which the entry was submitted or the contact details otherwise provided by the participants in the course of the Contest and provided instructions on prize collection.
13. If any winner cannot be contacted by ResMed or fails to respond within [●] days, such winner shall be taken to have forfeited and waived all rights to claim the prize. Any winner whose prize has been forfeited shall not be entitled to any compensation from ResMed, whether or not that winner has been notified of such forfeiture. ResMed has the sole discretion to determine how to deal with unclaimed prizes and shall in any event not be obliged to select another winner.
14. Prizes are non-transferable and non-exchangeable and shall be subject to such terms and conditions as ResMed may in its sole discretion impose. ResMed reserves the right to cancel, change, substitute, replace or remove prizes at any time with or without notice, without having to disclose any reason, and without liability to the participants. Unless otherwise stated, the winner is solely responsible for any and all taxes and/or additional fees or costs that may be incurred in relation to the acceptance of the prize.
15. ResMed makes no representations or warranties, express or implied, regarding any prize, including but not limited to any warranty of merchantability or fitness for a particular purpose.
16. ResMed shall not at any time or in any circumstances be responsible or held liable for any non-acceptance, non-performance or any acts or omissions of any third party in respect of any prize.
17. Without prejudice to any remedies available to it at law, ResMed reserves the right at any time to require a winner to forfeit and/or return any prize if ResMed deems that there has been a breach of the General Terms and/or Specific Terms by such winner, whether discovered during or after the Contest period.
18. Each participant consents that ResMed may collect, use and disclose that participant’s personal data for the following purposes:
(a) to organise, conduct and administer the Contest;
(b) to attribute the participant as the creator or author of the relevant entry;
(c) for promotional, marketing and publicity purposes relating to the Contest and ResMed in general;
(d) for any other purposes as may be stated in the Specific Terms.
19. Personal data that may be collected, used or disclosed include but are not limited to the participant’s name, social media account hands and profile pictures.
20. ResMed will not disclose any participant’s personal data outside of the above purposes to third parties without the participant’s prior consent, unless such disclosure is required or permitted by law.
21. If an entry is a photograph, video or other media format featuring any person besides the participant, the participant shall, prior to submission of the entry, obtain consent for the collection, use and disclosure of the said person’s personal data in the Contest and for the purposes listed above. Such consent is required for the entry to be valid for purposes of the Contest.
23. To the maximum extent permissible by law, ResMed and its agents shall not be liable for any injury, loss, costs, expenses and damages of any nature whatsoever, direct or indirect, that may arise from or be incurred in connection with any person’s participation in a Contest, including but not limited to any changes to the prizes, disqualification of entries, any winner’s acceptance and use of his/her prize, and/or any delay, cancellation, failure or omission on ResMed’s part to carry out the Contest for any reason.
24. Each participant agrees to indemnify ResMed and hold ResMed harmless from and against all liabilities, losses, damages, proceedings, suits, actions, claims and demands, costs (including legal costs on a full indemnity basis) and expenses whatsoever suffered or incurred by ResMed arising from or in connection with any use of the participant’s entry by ResMed and/or any breach of the General Terms or Specific Terms by the participant.
25. ResMed shall not be liable for any special, indirect or consequential loss or damage or for loss of business, income, profits or contracts arising from any Contest.
26. Should any dispute arise in connection with a Contest, or with the interpretation and/or implementation of these General Terms or the Specific Terms, ResMed’s decision will be final and no appeal will be entertained.
27. These General Terms and the Specific Terms shall be governed by and construed in accordance with the laws of India. Any dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 (as amended up to date) which such provisions are deemed to be incorporated by reference in this clause. The seat for arbitration shall be at New Delhi and the language of the arbitration proceedings shall be English. Any decision of the arbitral tribunal shall be final and binding on the Parties.