Please note:
Bid2Win® Contest is owned and organized by M/s Cellcast Interactive India Private Limited, a company incorporated under Indian companies act herein after Known as Cellcast. Participation in contestis open only to Residing Indians & are of age 18 years and over. The terms and conditions set out below form the basis of the binding legal agreement between Bid2Win and you, the Participant, and sets out the terms and conditions governing your participation in Bid2Win. These terms and conditions (and any amendments thereto from time to time) set out the entire agreement between Bid2Win and the Participant to the exclusion of all other terms, representations or arrangements whatsoever. Please read the terms carefully. By registering with Bid2Win you agree to become a potential Participant and accept the terms and conditions set out below. You will be deemed to have accepted these terms on every subsequent occasion on which you participate in Bid2Win. If you do not agree with the terms and conditions then you should not accept them or continue to participate. Bid2Win is entitled to change these terms and conditions at its discretion. The new terms and conditions will govern all Bid2Win Contests that commence after the time when they are published on thissite as the terms and conditions may change from time to time, the Participants may update their knowledge of the terms regularly.

Definitions:
"Bid" means a proposal by a particular Bidder to acquire a product or service in a Bid2Win ® Auction. 

"Bidder" means a person who having registered in accordance with these terms submits a Bid.

"Bidder Account's" means the personal account that all purchased or promotional Credits will be placed in or refunded to.
"Bid Increment" means the step amount separating possible Bids.
"Bid Limit" means the maximum number of Bids that will be accepted in a particular Bid2Win ® Auction per individual Bidder, if so required.
"Item" means one unit of a particular product service on offer where a particular Bid2Win ® Auction may consist of one or more identical Items; 
"Processing Charge" means a charge that is levied for each Bid made.
Qualifying Question's If Bid2Win ® so decides to use Qualifying Question's at any point they will be deemed to mean the question/s that may be asked at the time a Bidder places a Bid. Should any one of these question/s be answered incorrectly then the Bidder will not be eligible to win the auction.
"Quantity Available" means the number of units that are available to be won in a particular Bid2Win ® Auction.
"Required Bids" means the minimum number of bids required for a particular Bid2Win ® Auction to be deemed successful in order that an auction may close on the date specified.
"Successful Bidder" means the sole Bidder that is determined to have the right to qualify to receive a particular product /service on a Bid2Win ® Auction as per this agreement.
"Successful Unique Bid" means a Bid that is not the same Bid as any other Bid for a particular Item in a particular Bid2Win ® Auction where the Bidder has answered all the Qualifying Question/s correctly (if applicable). 
"Unique Bid" means a Bid that is not the same Bid as any other Bid for a particular Bid2Win ® Auction.

The Concept 
1. For each particular Bid2Win ® Auction, Bid2Win ® will determine the following:

• The product /service for auction.
• The Closing Date of the auction.
• The Processing Charge per Bid.
• The Bid Increment.

2. For each particular Bid2Win ® Auction, Bid2Win ® will determine the following:

• A Bid Limit for a particular Bid2Win ® auction and
• The Quantity Available.
• A given Bid2Win ® Auction will close and a Successful Bidder will be selected as per clause (4) of these Terms & conditions    under any one of the following circumstances:
• On the Closing Date of the auction where Bid2Win ® chooses not to extend the Closing Date.
• At a date before the Closing Date at Bid2Win ®'s discretion.
• Should the Closing Date of the auction arrive and the Required Number of Bids is not received.Bid2Win ® reserves the right to extend the Closing Date for additional period/s of up 30 days by determining a new Closing Date(s).
• At the Closing Date, the Successful Bidder will be determined as per clause (4) of this Terms & conditions. Bid2Win ® may at its discretion and or at any time following the close of the auction, place other identical or similar products /services in a different Bid2Win ® Auction. No Bids placed in any individual Bid2Win ® Auction will count as Bids in for any other Bid2Win ® Auction. In addition the auction variables (Processing Charge etc.) may differ between individual Bid2Win ® Auctions, even though the product or service that is being auctioned is either identical or similar.
• The retail price or market value of the product /service on offer may be stated as part of the description of the product service on Bid2Win ® Auction. While Bid2Win ® will Endeavour to ensure that this information is as accurate as possible, Bid2Win ® does not warrant that this information is correct or that the product /service is not available at a lower price.
• Bid2Win ® is the sole determinant of the answers to the Qualifying Question/s and its decision shall be final and binding on the Bidders.

Placing a Bid
1. The success of such a concept relies on fair and honest participation by Participants. A Participant must not in any circumstances disclose details of their Bid to any other person before the Closing Date. In particular, a Participant must not collude or enter into any arrangement of any sort with any other Participant(s). 

2. A Bid is only considered accepted once payment of the Processing Charge(s) has been physically recorded as a received payment in the Bid2Win system.

3. Bid2Win ® reserves the right to cancel any Bid without making a refund of the applicable Processing Charges under any one or more of the following circumstances:

• The Bidder provides any false, misleading or invalid information of any kind when registering or purchasing Credits or when placing a bid.
• A fraudulent credit card is used to purchase Credits to pay for the relevant Processing Charge(s).
• Personal Details not truly furnished.
• The bank or other credit institution reverses the credit card transaction for the purchase of Credits for the submission of the Processing Charge.
• A Bidder colludes/co-operates in any way with another Bidder when placing a Bid.
• Any other breach of this agreement.
• The Bidder exceeds or attempts to exceed their Bid Limit for a particular Bid2Win ® Auction

Qualified in Bids
In order to qualify and be identified as a successful bid, the following priority parameters will be followed:
1. Bid Amount: The lowest and unique amount submitted as a bid always supersedes the higher and unique or the higher and lower non-unique price bids; The bid has to be unique as well as the lowest bid to be the winner. For e.g. if the lowest bid is 1 paisa. However if more than one person has given 1 paisa as the bid price, 1 paisa may not qualify as the winning bid. The next lowest bid (for e.g. 2 paisa) which is also unique (i.e. not given by any other User) shall qualify as the winner.

Delivery of Products/Services
1. The delivery of the product and/or the service to the Successful Bidder is subject to fulfillment of the all the formalities as laid out by the Bid2Win ®.

2. Any transfer and/or delivery costs which are payable will be stated in the particulars of the relevant Bid2Win ® Auction, and must be paid by the Successful Bidder.

3. It should be understood that Bid2Win ® is not the Manufacturer/supplier of the products /services, and that the products /services may be supplied to Successful Bidders directly from the Manufacturer’s/suppliers and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this agreement.

4. Guarantees for products /services will only be provided as stated in the contest description for each particular Bid2Win Contest (no mention of a guarantee will imply no particular guarantee). Your statutory rights are unaffected.

5. Except to the extent that is required by law, Bid2Win ® is not responsible for the quality of the product, its fitness for purpose, its faults and/or unsuitability causing loss or damage to the user.

6. The product/service will be delivered to you in 90 working days or less from the date of receiving all the specified documents duly signed by the winner & all formalities completed by the winner.

7. All efforts will be made to send the products to the winners' given addresses. However, in case of area not serviceable by our appointed vendor, the winners will be required to furnish alternate serviceable delivery addresses or should collect from the nearest possible point of delivery at their own cost.

Data Protection and Privacy
1. Bid2Win acknowledges its duties under the Data Protection Act 1998 as a data controller. Bid2Win will not sell personal Participant information to any third-party, or use that information other than for the performance of this agreement without the express consent of the Participant. 

2. Bid2Win may however, Disclose such personal information without consent if required to do so by law, or in response to a valid request from a law enforcement or governmental authority. 

3. Bid2Win would, in conjunction with the relevant suppliers of a particular product /service on a Bid2Win Contest or similar products, wish to make use of personal information to make alternative offers in relation to such a product /service. If the Participant wishes not to take advantage of this opportunity to receive offers or information in respect of the types of products/services He or she may write to us at customercare@bid2win.in 

4. For further information in relation to personal information we hold about you please see separate privacy policy. 

Publicity
1. Bid2Win may, at its sole discretion, release any information concerning the status of a Bid2Win contest during the course of a contest. 

2. Each Participant acknowledges that, if he/she becomes the Successful Participant, Bid2Win will be permitted to publicize his/her name, surname and location (not their personal address), Bid, and the product /service , which was the subject of the relevant Bid2Win Contest. 

3. Bid2Win may, at its discretion but is not obliged to, make the Bid of each individual Participant, or any other information relating to a particular Bid2Win contest, publicly available during/after the Closing Date. 

Liability
1. Bid2Win ® shall not be liable for any failure to perform its obligations under this agreement caused by matters beyond its reasonable control. 

2. Bid2Win ® shall not be liable to any Bidder or Successful Bidder for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this agreement or otherwise). 

3. Without limiting the preceding clause, the liability of Bid2Win ® under this agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of 
(a) Rs 50, or 
(b) an amount equal to the sums paid or payable by or to you in the Bid2Win ® Auction to which such liability relates, regardless of the cause or form of action. 

4. Nothing in this agreement limits Bid2Win ®'s liability for death or personal injury resulting from Bid2Win ®'s negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected. 

5. Bid2Win ® excludes all and any liability whatsoever for any third-party advertising which may appear on this site or with respect to the contents of any third-party controlled website which may be accessed by means of any link from this site and gives no warranty or representation that any such links are virus-free or that the contents of any third-party website are accurate, complete, accessible in whole or in part or are fit for any particular purpose. 

Severance
1. If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect. 
2. If any provision of this agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable. 

Governing Law
1. The laws of India govern these Terms and Conditions and each Bid2Win ® Auction. Bid2Win ® and each Bidder submit to the non-exclusive jurisdiction of the courts of India in relation to any dispute arising out of or in connection with these Terms and Conditions or any Bid2Win ® Auction.

Membership Eligibility
1. Use of the Service and/or the Website is available only to persons who are citizens of India, are also residing in India and can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors (i.e., below 18 years of age), un-discharged insolvent etc. are not eligible to use the Service and/or the Website. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Service and cannot bid for any items on the Service. CELLCAST reserves the right to terminate your membership and refuse to provide you with access to the Service and/or the Website if CELLCAST discovers that you are under the age of 18 years. 

2. By using the Service, you guarantee and undertake to ensure that you satisfy the above participation criteria. 

3.Employees, partners, carriers employees of carriers, and agents of CELLCAST, the Seller, their subsidiary companies or any company connected with the Bid2Win ® auction are not eligible to enter, nor are their relatives or immediate members of their families or households. 

Your Account and Registration Obligations
1. You agree to:
(a) Provide true, accurate, current and complete information about yourself as and when requested by CELLCAST (such information being the "Registration Data") If you provide any information that is untrue, inaccurate, not current or incomplete or CELLCAST has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, CELLCAST has the right to indefinitely terminate your access to the Service and/o the Website and exclude all bids placed by you. 

Electronic Communications
1. When you use the Service, send SMS messages/use our IVR system or use the Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by SMS/Place a Voice call or by posting notices on the Site, as deemed fit by Cellcast. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing & will not be treated as unsolicited communications.

Use of the Service 
1. You agree, undertake and confirm that your use of the Service shall be strictly governed by the following binding principles: 
(a) "Your Information" is defined as any information including but not limited to your photograph (passport size) you provide to us or other users of the Service ("Users") in the registration, bidding, buying, in the feedback area or through any message feature. You are solely responsible for Your Information, and we act as a passive conduit for your online and/or in any manner to distribute and publication of Your Information.

(b) Your Information (or any items listed): 
(i) shall not be false, inaccurate or misleading; 
(ii) shall not be fraudulent in any manner; 
(iii) shall not infringe any third party`s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; 
(iv) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; 
(v) shall not be obscene or contain pornography; 
(vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; 
(vii) shall not create liability for us or cause us to lose (in whole or in part) the services of our Operators and/or other suppliers; and 

(c) In the event that any transaction or attempted transaction relating to any item, good or service which is violative of these terms and conditions comes to your knowledge, you shall take all steps to inform CELLCAST of the same. You may contact CELLCAST at customercare@Bid2Win ®.com 

(d) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Service and/or on the Website. 

(e) You shall comply with all applicable Indian (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies and/or any other laws which may be applicable from time to time) regarding your use of our Service and your bidding on the Service. 
(i) We wish to bring to your notice that as per Section 115B & 194B of the Income Tax Act, 1961, the value of the product won by the winner on our show Bid-2-Win will be treated as "Income" in your hands and Taxable at a flat rate of 30.9% (or at the prevailing rates as applicable at the time of Gratification). Thus the winners/purchasers are required to deposit with the IT Department a sum equivalent to 30.9% of the value of the product being the Income Tax @ 30.9% of the value of “(Product Name) " won by them on (Date) and send a copy of the challan to "CELLCAST" for submission of the same with the Income Tax Department. "CELLCAST" is required to submit a list of the names & addresses of the winners with the Income Tax Department on Quarterly Basis. Hence, winners are also advised to include a sum equivalent to 30.9% of the value of the product as their Income from "Winnings from Game Shows" , while filing their IT Return, to avoid any penalty from the IT department.

Platform for Communication 
1. CELLCAST does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold on the Service and/or on the Website. In particular, CELLCAST does not implicitly or explicitly support or endorse the sale or purchase of any items on the Service and/or the Website. CELLCAST accepts no liability of any nature whatsoever for any errors or omissions, whether on behalf of itself or third parties. 

2. CELLCAST does not make any representation or Warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its sellers and/or in relation to the product/item. You are advised to independently verify the bona fides of any particular seller that you choose to deal with on the Service and use your best judgment in that behalf. 

3. You release and indemnify CELLCAST and/or any of its officers, partners, agents and representatives from any cost, damage, liability or other consequence(s) of any of the actions of the seller(s) of the Product and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, CELLCAST cannot control the information provided by the seller(s) which is made available on the Service. You may find the seller(s) information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Service. 

4. CELLCAST and its partners and agents are in no manner whatsoever responsible of any failure of systems/technology etc., as a result of which the Service does not receive your bid. 

Breach
1. Without limiting other remedies, CELLCAST may immediately issue a warning, temporarily/indefinitely suspend or terminate your access and refuse to provide you with access to the Service and/or the Website: 
(a) If you breach the Terms and Conditions or the documents it incorporates by reference; 
(b) If Mobile Operator is unable to verify or authenticate any information you provide; or 
(c) If it is believed that your actions may cause legal liability for you and/or CELLCAST. CELLCAST may at any time at its sole discretion reinstate suspended User. A User that has been indefinitely suspended may not register or attempt to register with CELLCAST or use the Service in any manner whatsoever until such time that such User is reinstated by CELLCAST. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, CELLCAST reserves the right to recover any dues owed by you to CELLCAST and to take strict legal action civil and/or criminal including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you. 

Bidding.
1. All bids (under the Auction format) on the Service are a firm commitment to receive. Your bid should be restricted to a maximum of two decimal points. For Eg. Rs 1.23. Any bid above two decimal points shall be considered invalid. Eg. Rs 1.0000001 would be considered an invalid bid. If you are the qualifier/lowest and unique bidder for any item and your bid is accepted by CELLCAST ("Winner."), you are obligated to complete all the   formalities as laid out by Cellcast. 

2. Bids cannot be cancelled. By bidding for an item you agree to be bound by the conditions of bid included in the item`s description (or linked to from the description) so long as those conditions are not in violation of the Terms and Conditions or unlawful. In case of consumer goods, sellers on the Service may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire. 

3. CELLCAST strongly advises you not to test the Service with false bids, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to bid. Willfully entering erroneous or fictitious bids may result in prosecution by CELLCAST. 

4. As a Winning buyer you must contact CELLCAST within seventy-two (72) hours of auction closing successfully at customercare@Bid2Win ®.in or else your claim may be denied. This is mandatory and no exception will be made whatsoever. 


Limitation of Liability
1. In no event shall CELLCAST or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Service, its services or this agreement (however arising, including negligence). 

2. CELLCAST`s liability in any circumstance is limited to the amount of fees, if any, paid by you to CELLCAST. its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Service or that the operation of the Service will be error free and/or uninterrupted. Consequently, CELLCAST assumes no liability whatsoever for any monetary or other damage suffered by you on account of: 


(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Service; and/or
(b) Any interruption or errors in the operation of the Service and/or 
(c) the non-receipt of the bid by CELLCAST or non receipt of status of the bid by the bidder due to Operator network failure/congestion/any other reason. You expressly understand and agree that CELLCAST shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CELLCAST has been advised of the possibility of such damages). 

Indemnity
1. You agree to indemnify and hold CELLCAST and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your breach of the Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 

Relationship
1. None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and CELLCAST and you shall have no authority to bind CELLCAST in any manner whatsoever 

Arbitration
1. If any dispute arises between you and CELLCAST during your use of the Service or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by CELLCAST. The place of arbitration shall be Mumbai. The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. 

Others
1. Cellcast has the right to declare the contest null and void at any time before, during and after the close of the contest. Cellcast decision on the winner will be final. If anyone breaches any terms and conditions, Cellcast has the ability to terminate the Users access and remove the Users bids from the Service. The Service may be available on select cellular networks. Please check with your Operator before participating in this Service. "The product open for bidding may not be similar and/or identical in any manner whatsoever to the Products shown in the commercial/promotional film/programe." The company reserves the right to extend/modify the contest dates at any time during the contest.
2. All the access mediums will be at premium charging’s @ Rs.10/minute/message. In relation to the same, please note that Cellcast may have engagements with Various Telecom Operators from whom Cellcast may receive a certain fees/amounts. The relationship between Operator and the User will be subject to guidelines/directions issued by Telecom Regulatory Authority of India or any other statutory authority from time to time.