Marriott Bonvoy presents MI Player of the Week Contest Terms and Conditions

  1. Introduction
    1. 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 ("League").
    2. 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.
    3. MI in collaboration with Marriott is offering and conducting the ‘Marriott Bonvoy presents MI Player of the Week’ contest (“Contest”) on MI’s website at https://www.mumbaiindians.com/, and on the official MI mobile applications (together, "Platform"). The Contest allows eligible MI Platform members to vote for their ‘Player of the Week’ from amongst three (3) player nominees from the MI Team, and stand a chance to win an autographed MI jersey after registering as a Marriott Bonvoy member for free, in accordance with the terms set out herein.
    4. For the purpose of these Marriott Bonvoy presents MI Player of the Week 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.
    5. By participating in the Contest, You shall be considered to have read, understood, accepted and agreed to: (i) be bound by these Terms and to comply with these Terms as may be updated/modified from time to time; (ii) Our ‘Terms and Conditions for Use’ of the Platform (available at https://www.mumbaiindians.com/terms-and-conditions) ("Platform Terms"); and (ii) the collection, use, disclosure and other handling of personal information as described in Our ‘Privacy Policy’, available at https://www.mumbaiindians.com/privacy-policy ("Privacy Policy").
    6. We may at Our sole discretion, (i) Restrict, suspend, or terminate any User's access to all or any part of the Platform, including the Contest; (ii) Change, suspend, or discontinue all or any part of the Platform, including the Contest; (iii) Reject, move, or remove any material that may be submitted by a User; (iv) Move or remove any Content (defined below) that is available on the Platform; (v) Deactivate or delete an Account and all related information and files on the Account (defined below); (vi) Establish general practices and limits concerning use of the Account; and (vii) Assign Our rights and liabilities to all Accounts hereunder to any entity (post intimation of such assignment to all Users on Their registered email addresses).
    7. In the event any User breaches, or We reasonably believe that such User has breached these Terms, or has illegally or improperly used or accessed the Platform or Contest, We may, at Our sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of Platform or Contest, deactivate or delete the User's Account and all related information on the Account, delete any content/entry/answer/vote submitted by the User on the Platform and/or in the Contest and further, take technical and legal steps as We deem necessary.
    8. In case of any breach or violation by the User of these Terms, We will forthwith disqualify your entry and/or You shall automatically forfeit your Prize (if any) under the Contest, without any liability to you whatsoever and may take such further action against You under law as We may deem fit in Our sole and absolute discretion.
  1. Eligibility
  2. You may participate in Our Contest only if You, as of the date of commencement of the Contest, are:

    1. eighteen (18) years of age or over;
    2. an Indian citizen residing in India;
    3. eligible to create an Account (defined below) and/or an existing registered MI Member on the Platform; and
    4. 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, partners, sponsors or companies associated with the Contest.

    Eligible Users participating or seeking to participate in the Contest shall individually be referred to as "Participant" and collectively as "Participants"

  1. User Account Creation and Operation
    1. In order to participate in the Contest, You will need to login to your MI Member account on the Platform ("Account") through your existing credentials if you are already a registered Member on the Platform, or register and create an Account, if you are a new or unregistered user on the Platform.
    2. By completing the registration process, You confirm Your acceptance of the Platform Terms, as available on https://www.mumbaiindians.com/terms-and-conditions, the terms and conditions applicable to Member Accounts, as available on https://www.mumbaiindians.com/membership-terms-and-conditions, Privacy Policy available on https://www.mumbaiindians.com/privacy-policy, as well as any additional terms and conditions applicable to the registration, creation and use of an Account as set out on the Platform, as well as these Terms.
    3. During the registration process to create an Account, You will be required to provide Your personal information, including, without limitation, Your full name, date of birth, state and city of residence, email address, mobile number, residential address and choose an account login password. Your account will not be considered active or eligible to participate in a Contest until the completion of verification. You undertake that You will update this information and keep it current.
    4. 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.
    5. You acknowledge that We may, at any time, require You to verify the correctness of this information and in order to do so may require additional documentary proof from You, failing which We reserve the right to suspend or terminate Your Account and registration on the Platform for the Contest. Without prejudice to the foregoing, We reserve the right to verify Your identity proof from time to time and to cancel any Prize should any inconsistencies arise in Our verification process. For the purpose of verification, We may require You to furnish to Us an official government issued document confirming your identity containing details such as Your name, date of birth, and place of residence.
    6. 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 Our service providers and agents, for the purpose of conducting and facilitating Your participation in the Contest and related activities thereto.
    7. You understand that it is Your responsibility to protect the information You provide on the Platform including but not limited to Your username, password, email address, contact details and mobile number. MI will not ask for Your Account login password, which is only to be entered at the time of login. At no other time should You provide Your Account information to any other User logged in on the Platform or elsewhere. You undertake that You will not login and then allow any other person to play from Your Account using Your Account. You specifically understand and agree that We will not incur any liability for information provided by You to anyone, which may result in Your Account being exposed or misused by any other person.
  1. Contest
    1. The Contest shall be conducted between 9 April, 2021 and 1 June, 2021 ("Contest Period"). The Contest shall be conducted as a weekly series during the Contest Period ("Weekly Contest"), in accordance with the schedule set out below in Annexure A ("Weekly Contest Period").
    2. The Participant/User acknowledges that the Contest Period may be curtailed and the Contest will cease, in the event that the MI Team fails to qualify for the playoffs stage of the XIV season of the League ("Tournament"). The Participant/User further acknowledges and agrees that We may revise the schedule of the Weekly Contest/s, the Weekly Contest Period/s, and/or the corresponding Voting Period/s (defined below), in the event of any change/s in the Team’s schedule of fixture/s in the Tournament, or for such other reasons as determined at Our sole reasonable discretion, and such revision shall be notified on the Platform and/or on the Team’s official social media accounts.
    3. Participants can participate in the Contest only on the Platform. The Contest provides an opportunity for Participants, during each Weekly Contest Period, to vote on the Platform for their ‘MI Player of the Week’ from amongst three (3) player nominees from the MI Team as set out on the Platform, nominated by MI based on such players’ performances for the Team in the Team’s matches in the Tournament during such Weekly Contest Period. For each Weekly Contest, Participants are allowed to vote only once, for any one (1) of the three (3) nominated MI Team players specified on the Platform ("Vote") for the applicable Weekly Contest Period, during the designated voting period as set out in Annexure A ("Voting Period"), for such Weekly Contest Period. Participants will be required to be logged in to their Account on the Platform in order to Vote. Once a Participant submits his/her Vote on the Platform, the Participant shall not be able to change his/her vote or submit another Vote for such Weekly Contest.
    4. After submitting the Vote, Participants will be prompted to register for Marriott Bonvoy membership through a pop-up window which will redirect Participants on a new tab to https://joinmarriottbonvoy.com/MIxMB/s/EN?scid=d9692430-644f-4a52-a846-449193ab4e81. In order to be eligible to win the Prize (defined below), the Participant must successfully complete registration for the Marriott Bonvoy membership. In the event that the Participant is an existing registered member of Marriott Bonvoy, the Participant shall login on such Marriott Bonvoy site with the Participant’s existing membership number and credentials.
    5. The "Winning Player of the Week" for each Weekly Contest, shall be the nominated MI Team player who receives the greatest number of Valid Votes from the Participants in the applicable Voting Period. For the purpose of the Weekly Contest with respect to each Weekly Contest Period, "Valid Vote" shall be a single Vote submitted on the Platform before the closing time of the Voting Period by the Participant, while logged in to the Participant’s verified Account.
    6. One (1) Participant who submitted a Valid Vote for the MI Team player who is selected as the Winning Player of the Week (i.e., the MI Team Player who receives the highest number of Valid Votes in the Voting Period), and who has successfully registered for the Marriott Bonvoy membership as stated above in clause 4(d) will be selected through a random lucky draw from amongst the Participants who submitted Valid Votes for the Winning Player of the Week and registered for Marriott Bonvoy membership through the Contest, as the winner of the Weekly Contest for that particular Weekly Contest Period ("Winner").
    7. A Participant shall be entitled to Vote only once during the Voting Period for each Weekly Contest, and may not register more than one Account to submit multiple Votes in a particular Weekly Contest. In case We discover or have reasonable grounds to believe that a Participant has participated or Voted in a particular Weekly Contest using more than one Account, then We reserve the right to cancel such Participant’s participation in such Weekly Contest and any other past and/or future Weekly Contests, forfeit any prize issuable to such Participant, suspend the Participant’s Account/s and decline further participation by such user in any other contests or promotions of MI.
    8. The Winning Player of the Week and the Winner of each Weekly Contest will be declared by Us on the Platform and/or on the MI official social media platforms at such reasonable time after the conclusion of each Weekly Contest Period during the Contest Period, as determined by Us. It is clarified that We reserve the right to announce the Winning Player of the Week and/or Winner of the Weekly Contest at such time and date, as determined at Our sole discretion. It is hereby clarified that each Participant may be declared as a Winner only once.
    9. Participants’ Votes that are available and logged with Us on Our servers for the Contest shall be final and binding on all Participants. Mismatches between the Votes registered on Our servers and the Participant’s devices could occur due to reasons such as (but not limited to) technology limitations, internet data breakdown, login issues and disconnection of data link. We shall not be liable to the Participants in any manner for such mismatches.
  1. Prizes and Contacting Winners
    1. Participants shall have the opportunity to win autographed Team jerseys by MI (each a "Prize", and collectively, "Prizes"). The Winner of the Contest for each Weekly Contest shall win the Prize, i.e., one (1) autographed Team jersey.
    2. The Winner for each Weekly Contest shall be contacted by MI on the mobile number or email address associated with the Participant’s Account. In the event that the Winner(s) are not reachable, they shall be informed that their Prize has been forfeited. It is hereby clarified that delivery of Prizes shall be available only within the territory of India and in the event that the Winner(s) are unable to provide a valid address within India for the delivery of Prizes, they shall be informed that their Prize has been forfeited.
    3. The Winner(s) wishing to avail the Prizes upon being contacted by MI shall have to verify their identity by providing any valid government identity proof such as Voter ID, PAN Card, Aadhar Card or Driving License, or such other document requested, and also verify their Account credentials, as well as 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(s).
    4. If the Winner is able to verify their identity, Account credentials and Marriott Bonvoy membership registration to Our satisfaction, then the Winner/ shall be eligible to avail the applicable Prize in accordance with the result. The Prizes shall be reasonably delivered by MI within three (3) months of the Winner successfully verifying their identity. If You are a Winner, You understand and accept that You are solely responsible for fulfilling any and all formalities that may be required or ancillary to avail any Prize won by You including any and all costs associated with availing such Prize.
    5. You understand and accept that Your participation in the Contest available on the Platform does not create any obligation on Us to give You a Prize. Your chance to win the Prize is subject to the Terms specified herein.
    6. Subject to availability of Prizes, MI shall reserve the right to substitute any Prize with another prize of similar or equivalent value without prior notice. In the event there is a delay in the availability of the Prize, We reserve the right to delay the delivery to the Winner(s).
    7. If You are a Winner, You understand and agree that You cannot transfer any Prize won by You from Your Account to the account of another registered User on the Platform or to any third party. Prizes are unique to the Winner, and are non-transferable and are not exchangeable or redeemable in cash or cash-equivalent. In the event You attempt to transfer any Prize(s), such Prize(s) will be forfeited.
    8. MI shall not be liable to issue any Prize if it is discovered that the Winner(s) has not abided by these Terms and other rules and regulations in relation to the Contest, the Account and/or the Platform.
    9. You shall not be eligible to receive any Prize(s) if it is discovered that You have previously won a Prize during the past Weekly Contest Period(s) or not abided by these Terms and other rules and regulations in relation to the Contest.
  1. User Representations
    1. Any information provided by You to Us, whether at the stage of registration or any time subsequently, should be complete and truthful.
    2. You represent and warrant that You are legally competent to enter into binding contracts under applicable laws and 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.
    3. 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.
    4. 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.
    5. 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 Contest submissions. 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.
    6. 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.
    7. 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. Further, MI will not be responsible for any break or disconnection or disruption in Your internet or network connectivity in any manner, which results in any break or disruption in Your access to the Platform and the Contest. You shall not hold MI responsible for any loss or outage or dissatisfaction suffered by You during the course of playing the Contest, including any loss of voting attempts or inability to access and/or use the Platform and/or the Contest, due to loss or outage of Your internet or mobile network connectivity or due to the conditions specified in Clause 4(i).
    8. You acknowledge and consent that Your name and/or Account profile may be publicised as part of this Contest and to announce Contest results, 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 using their name, likeness and image in all promotional materials and Contest result related announcements.
    9. You consent to receiving communications such as announcements, updates, administrative messages, promotions and advertisements from MI or any of its partners, licensors or associates.
    10. We may ask for an interview or testimonial (either in written or audio-visual form) from a Winner in relation to their participation in the Contest, and You agree and hereby consent to participate in such interview or provide such testimonial to us, and hereby agree and consent to our use of your interview/testimonial or a part thereof for our promotional and advertising purposes in association with Your name and image.
  1. User restrictions
    1. You undertake that You Yourself will participate in 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.
    2. Collusion between You, any other User(s) or third party 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.
    3. You are prohibited from using the Platform for any purpose that may be construed as circumvention or breach of applicable law/regulations.
    4. 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.
    5. 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, as well as such other terms applicable to your Account and notified to You on the Platform.
    6. You shall not exploit the Contest offered and content available on the Platform for commercial purposes including but not limited to, (i) providing an over-the-top service that utilises the Contest or Platform to operate, or (ii) charging any fees for participation in the Contest or (jii) otherwise enabling participation in the Contest through a cyber cafe operating as a computer gaming centre, or (iv) enabling network play of the Contest over the internet or through gaming networks or through connection to an unauthorized server that copies the Contest experience on the Platform.
    7. You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer Your Account, votes, content, or any other attributes appearing in, originating from or associated with the Platform and/or Contest.
    8. Accessing or attempting to access the Platform/Contest through someone else's User Account is strictly prohibited.
    9. 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.
  1. Service Disruptions
    1. You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Contest or due to issues with the hardware, data network, internet service provider and/or software used by You. You understand that We have no control over these factors. We shall not be responsible for any interruption in the provision of or access to the Contest or Platform, or any inability or delay in submitting Votes during the Voting Period or the loss of voting attempts due to such disruption, and You agree to bear any risk due to such interruptions for any such reason. We accept no liability and shall not be responsible and/or liable in any manner whatsoever in case You are unable to participate in the Contest due to failure on the part of Your telecom operator, internet service provider, facility provider, etc., or due to capacity constraints.
    2. You agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support the Platform/Contest; or (b) the enjoyment or use of the Platform/Contest by any other User or person. You agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt the Platform/Contest or any other person's use or enjoyment of the Platform/Contest.
  1. Content
    1. 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 content, Votes, 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.
    2. The Platform may contain information about or hyperlinks to third parties. In such cases, We are not responsible in any manner and do not extend any express or implied warranty as to the accuracy, integrity or quality of the content belonging to such third party websites. If You rely on any third party Content posted on the Platform, which does not belong to Us, You may do so solely at Your own risk and liability.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.
  1. User Account Suspension
    1. 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.
  1. Breach and consequences
    1. 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 Participants or the general public, We may in Our sole discretion take any or all of the following actions:
      1. Restrict You from the Contest/Platform;
      2. Permanently suspend and terminate Your Account on the Platform;
      3. Forfeit and cancel any Vote(s) submitted or Prize(s) issuable to You;
      4. Demand damages for breach and take appropriate civil action to recover such damages; and/or
      5. Initiate prosecution for violations that amount to offences in law.
    2. 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.
    3. The decision of MI on the action to be taken as a consequence of breach shall be final and binding on You.
    4. Any action taken by MI shall be without prejudice to Our other rights and remedies available in law or equity.
  1. Limitation of Liability
    1. 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 or due to the conditions specified in Clause 4(i).
    2. 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.
    3. 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.
    4. 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.
    5. MI shall not be liable to perform any of Our obligations under the Contest or in respect of the Prize where We are unable to do so as a result of circumstances beyond Our control in the nature of fire, explosions, natural calamities, state emergency, riots, epidemics, pandemics, governmental or judicial acts or orders, government restrictions, change in the schedule, rules or regulations of the League, or any other force majeure condition, etc., and shall not be liable to compensate the Winners or the Participants in these circumstances.
    6. Without limiting the generality of the foregoing, You specifically acknowledge, agree and accept that We are not liable to You for:
      1. the defamatory, undesirable or illegal conduct of any other User of the Platform;
      2. any loss whatsoever arising from the use, abuse or misuse of Your Account or any feature on the Platform;
      3. any loss incurred in transmitting information from or to Us or from or to Our Platform by the internet or by other connecting media;
      4. 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;
      5. the accuracy, completeness or currency of any information services provided on the Platform;
      6. any delay or failure on Our part to intimate You where We may have concerns about Your activities;
      7. any delay in the provision of any Prize to You pursuant to Your participation in the Contest;
      8. 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
      9. Your activities / transactions on third party websites or applications accessed through links or advertisements posted on the Platform, including the Marriott Bonvoy website.
  1. Disclaimers
    1. 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.
    2. 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.
    3. MI disclaims responsibility and liability for any harm resulting from cancellation or postponement of the Contest, including any Weekly Contest, organized by it.
    4. MI specifically disclaims any liability in connection with any statutory permissions that may be required in relation to the Contest made available and organized on the Platform, in the event such permissions are denied or cancelled whether prior to or during such Contest or event.
    5. 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, membership 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.
    6. 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.
    7. MI specifically disclaims any liability in connection with Your transactions with third parties, which may have advertisements or are hyperlinked on the Platform.
    8. 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.
    9. 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.
    10. MI disclaims liability for any risk or loss resulting to You from Your participation in the Contest, including any risk of financial loss.
  1. Indemnity
    1. To the extent permitted by law, and in consideration for being allowed to participate in the Contest, You hereby agree to indemnify, save and hold harmless and defend Us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that We may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against Us by any person in connection with:
      1. Unlawful, defamatory, offensive or illegal conduct by You or for anything that turns out to be fraudulent, misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from You or otherwise;
      2. use, abuse or misuse of Your Account on the Platform in any manner whatsoever;
      3. any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with Your access to or use of the Platform or participation in the Contest; and
      4. access of Your Account by any other person accessing the Platform using Your username or password, whether or not with Your authorization.
    2. You shall be solely responsible for any consequences, which may arise due to Your access of the Platform by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Platform and Contest. You also undertake to indemnify Us and Our officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Us on account of such act on Your part.
    3. You shall indemnify, defend, and hold Us harmless from any third party/entity/organization claims arising from or related to Your engagement with the Platform or participation in the Contest. In no event shall We be liable to any User for acts or omissions arising out of or related to User's engagement with the Platform or his/her participation in the Contest.
  1. Queries
    1. 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.
  1. Governing law, dispute resolution and jurisdiction
    1. The Terms, Platform Terms and Privacy Policy, as well as any other terms applicable to Your Account, shall be interpreted in accordance with and governed by the laws of India.
    2. Any dispute, controversy or claim arising out of the Terms, Platform Terms, terms applicable to Your Account, 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.
    3. Nothing contained in these Terms shall prevent Us from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Our interest in case of any dispute.
    4. 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.
  1. Miscellaneous
    1. 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, Your Account and/or the Contest. In such an event, Your use of the Platform, Your Account 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, Your Account and/or access and/or participation in the Contest may be subject to.
    2. 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.

ANNEXURE A

CONTEST SCHEDULE – WEEKLY CONTEST PERIOD AND VOTING PERIOD

Date Team Schedule Assessment Duration Tentative Voting Period
9th April 2021 MI vs RCB WEEK 1
10th April 2021
11th April 2021
12th April 2021
13th April 2021 KKR vs MI
14th April 2021 12:00 IST
15th April 2021 MI vs RCB 12:00 IST
16th April 2021 WEEK 2
17th April 2021 MI vs SRH
18th April 2021
19th April 2021 KKR vs MI
20th April 2021 DC vs MI
21st April 2021 DC vs MI 12:00 IST
22nd April 2021 12:00 IST
23rd April 2021 PBKS vs MI WEEK 3
24th April 2021
25th April 2021
26th April 2021
27th April 2021
28th April 2021
29th April 2021 MI vs RR 21:00 IST
30th April 2021 15:00 IST
1st May 2021 MI vs CSK WEEK 4
2nd May 2021
3rd May 2021
4th May 2021 SRH vs MI
5th May 2021
6th May 2021 12:00 IST
7th May 2021 12:00 IST
8th May 2021 RR vs MI WEEK 5
9th May 2021
10th May 2021 MI vs KKR
11th May 2021
12th May 2021
13th May 2021 MI vs KKR
14th May 2021 12:00 IST
15th May 2021 12:00 IST
16th May 2021 CSK vs MI WEEK 6
17th May 2021
18th May 2021
19th May 2021
20th May 2021 RCB vs MI
21th May 2021
22nd May 2021
23rd May 2021 MI vs DC 21:00 IST
24th May 2021 15:00 IST
25th May 2021 Qualifier 1 WEEK 7 (If MI Team qualifies for the League Playoffs)
26th May 2021 Eliminator
27th May 2021
28th May 2021 Qualifier 2
29th May 2021
30th May 2021 IPL Final
31st May 2021 12:00 IST
1st June 2021 12:00 IST