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INTRODUCTION

These Terms and Conditions apply to the auctions and marketing activities, offered on the platform of BZINGA (the “Auction” or “Platform” or “BZINGA”), which is owned by Bzinga Technologies Private Limited (“Bzinga” or “the Company” or “we” or “us” or “our”) and operated by us in association with ZEE ENTERTAINMENT ENTERPRISES LIMITED (“ZEE”) for the telecast of the program on the television channel “Zee Keralam” and/or any other channels owned and/or operated by ZEE or its affiliates (“ZEE Channel(s)”). We are pleased to offer to a person who accesses the Auction through our mobile application and via live television program (“User(s)”), the ability to participate in the auctions and win prizes. The related software including improvements if any, applications including but not limited to mobile application, content, products, services, and promotions (collectively the “Services”) that we may provide, shall be subject to these terms of use (the “Terms of Use”, or “Terms” or “BZINGA Terms and Conditions”) for the auction and promotions as may be updated and be applicable from time to time.

I. TERMS

By accessing or using our Services, you are agreeing to be bound by BZINGA Terms and Conditions which are subject to revision by the Company at its sole discretion and time. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms in the Terms of Use, you shall not be allowed to access or utilize these Services. The materials contained on said Platform are protected by any and all applicable laws including but not limited to the intellectual property laws.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

A participant can win only one ticket on Bzinga App. More than one ticket in the name of a single participant will automatically be cancelled. To attend a concert, the participant (referring as “winner/attendee” in below conditions) should be above 18years of age. Ticket details along with the serial no. will be shared on the winner’s registered mobile no./E-mail ID. Winner will carry Id proof & share the serial number & ticket at Bzinga dedicated window at Box Office & take the band to enter the venue. Incase winner transfers ticket to another attendee, then that attendee needs to present soft copy of Id of original winner to claim the ticket, & their own Id as proof of identity to take the band to enter venue. A valid Ticket and a valid wristband for the relevant category (i.e., general admission or VIP) are mandatory for the Attendee(s) to attend the Event. In case either is lost or missing, the Attendee may be asked to leave the Event as per the discretion of the Event Organizer. The Attendee(s) confirm that parking at the Event is at the risk of the Attendee(s). The Bzinga Team shall not be held responsible for any damage to, or theft of any vehicles parked at the Event whether inside or outside the Event Venue. If the event cannot take place due to force majeure, the inability of a speaker to attend, problems at the venue or due to a lack of attendees, then Bzinga team will try to notify the attendees without delay. Further, Bzinga will not be responsible for any refund of the ticket charges or reimbursement of expenses incurred by the Attendee(s) to attend the event.

II. GENERAL TERMS

1. Accepting the Terms of Use

1.1 You may not use the Services if you do not accept the terms and conditions set out herein this Terms of Use.

1.2 You must accept this Terms of Use by clicking to indicate your acceptance or agreement to the terms and conditions enlisted herein.

1.3 Before you continue, you are advised to print or save a local copy of the Terms for your records.

1.4 You may not use the Services and may not accept the Terms if you do not meet the eligibility requirements under Clause 2 of General Terms.

2. Eligibility

2.1 By accessing the Services, the member/User exercises the right to act autonomously, and guarantees the right, authority and capacity to accept the present agreement in this Terms of Use. All persons under the age of 18 must obtain the consent of their parents or legal guardian before using the Services. Every single member, by registering with BZINGA unconditionally accepts without any exception the following prohibited uses:

2.1.1. Open and use more than one BZINGA account.

2.1.2.Supply false or misleading address, mobile or email address to open or use an account.

2.1.3. Use, download, share, or exploit names and/or address and/ or personal data of any type belonging to third parties, except for, and only for, their username of choice. All other details must be consistent and accurate to the participant and the same is undertaken and acknowledged by such participant.

2.1.4. Participants must not breach any laws of India with respect to legality of entering our Auctions. Bzinga and/or ZEE shall not be held responsible for any User(s)/member/entrant entering any of our Auctions unlawfully. If in any doubt, you should immediately leave the Services and check with the relevant authorities in your country in relation to being eligible to use the Services on the Platform thereof.

2.1.5. Participant must not be an employee of ZEE or Bzinga or connected to the two in any possible way.

2.2. BZINGA reserves the right to suspend and/or terminate any member’s/User’s account, if the member/User does not follow the rules mentioned in sub-clauses 2.1.1 to 2.1.5 under Clause 2.1 above.

2.3. Access to the Platform and its Services is applicable to all the residents of India. However, the residents of the states of Assam, Odisha, Telangana, Sikkim and Nagaland (“Restricted State(s)”) are restricted and prohibited from accessing and participating in the Auction. Before signing up on the Platform, the User confirms that he/she is not a resident of the Restricted State(s).

3. Intellectual Property Rights

3.1 With the exception of content posted by Users for the purposes of promotion (“User Content”), all materials contained in the Services, including all content and the software, graphics, text and look and feel of the Services, and all trademarks, copyrights, patents and any other intellectual property rights related to the Platform, Bzinga and/or Zee thereto (“Proprietary Materials”), are owned or controlled by Bzinga, Zee or its affiliated entities.

3.2 The User shall not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part. Subject to the User’s compliance with this Terms of Use and any other relevant policies related to BZINGA. We grant to the User a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for the User’s personal but non-commercial entertainment purposes consistent with the intended purpose of the Services on the Platform. The User agrees not to use the Services for any other purpose except as mentioned herein.

3.3 The Users are prohibited from posting on or transmitting through the Services any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, abusive, racist or offensive. The User hereby agrees that in no event, Bzinga and/or Zee be liable to deal with such infringement cases, and/or claims, and the User him/herself shall be liable to resolve or deal with any such infringing claims based on the content posted or actions of the User.

3.4 Without limiting the foregoing, the User must not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to any third party, Zee and/or Bzinga unless the User has first obtained the prior written consent of the respective owner of such proprietary rights. It is our policy and we reserve the right to terminate the account of anyone on the Platform who infringes the copyright or any other rights of any third party, prejudices the reputation of Bzinga, BZINGA and/or Zee, posts blasphemous, derogatory, illegal, immoral, defamatory content on the Platform, upon our receipt of proper notification from such third party, the copyright owner or the copyright owner’s legal agent.

3.5 By submitting content or materials to us through the Services, including, without limitation, uploading any materials or information, choosing a username or participation in any chats or forums, the User automatically grants us, or warrants that the owner of such content has expressly granted us, the royalty-free, irrevocable, sub-licensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute the User content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, and the User’s username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing the User as the winner.

3.6 The User also hereby grants each User of the Services, a non-exclusive license to access his/her content through the Services, and to use, reproduce, distribute, display and perform his/her content as permitted through the functionality of the Services and under these Terms & Conditions. The above licenses granted by the User in the User content are perpetual and will only terminate if the User has requested the removal or deletion of his/her content from the Platform.

3.7 The User understands and agrees, however, that we may retain, but not display, distribute, or perform, server copies of content that has been removed or deleted. Subject to these grants, the User retains any and all rights which may exist in his/her content.

3.8 We may disclose any of the User’s content or electronic communication of any kind (i) to comply with any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Services; (iii) to protect the rights or property of Bzinga and our officers, directors, employees and agents; or (iv) to protect and safeguard the rights of our providers, affiliates, partners sponsors etc. and/or any other User.

3.9 The User represents and warrants that they own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of the User content and to enable inclusion and use of the User content in the manner contemplated by this Terms of Use. The User further represents and warrants the User content will not defame any third party and that the use of the same on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

4. Liability and Indemnity

4.1 Except as expressly provided in these BZINGA Terms and Conditions, and to the extent permitted by law, Bzinga and/or ZEE and its employees, agents and partners disclaim any and all liability in respect of any loss or damage arising out of the auction and/or Services, whether such loss or damage results from negligence, breach of statutory duty or otherwise, and whether in contract or in tort or otherwise, including but not limited to the loss or corruption of data, any errors or omissions, content, delays or interruptions in transmission or operation and lines or communication failure. In no event shall Bzinga and/or ZEE be liable for any loss of profit, goodwill, opportunity and any indirect, special or other consequential or incidental damage of the User, whether foreseeable or not.

4.2 Notwithstanding anything to the contrary contained in the agreement, the Platform’s liability to the member for any cause whatsoever, regardless of the form of action, will at all times be limited to the relevant amount paid by the member which is expressed in Tickets.

4.3 By participating in this Platform or receiving a prize, entrants (and in particular, winners) and their parent/guardian if applicable, agree to release and to indemnify and hold harmless Bzinga and ZEE, and each of its respective related companies, and all of their respective officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, breach of any BZINGA Terms and Conditions caused in whole or in part, directly or indirectly, by participation in this Platform (or related activities) or the acceptance, possession or use/misuse of a prize.

4.4 ZEE shall not be liable in any manner whatsoever in relation to the Platform and auction and its services as Bzinga is conducting the auction on its own as “Principal”.

4.5 The relation between ZEE and Bzinga shall not construed as a joint venture/partnership or as principal agent relationship.

5. Disclaimer

5.1 Bzinga, Zee and/or the Platform shall not be liable for incorrect or incomplete contents or information published on the Platform or concerning the Services whether these are generated by User(s), members or any other instrument or program associated to the Service or used by the Service or generated by the conduct of any User and/or member of the Service both online and offline.

5.2 Bzinga, Zee and/or the Platform shall not be liable for any errors, interruptions, extensions, defects, delays in the operations or in the transmission, lack of communication lines, thefts, destruction or unauthorized access to or alteration of User(s) and/or member communications.

5.3 Bzinga, Zee and/or the Platform shall not be liable for any technical malfunction or problem of any network or telephone line, online computer system, server or provider, computer equipment, software, lack of email or traffic congestion of the Internet or any site or combination of these, including tort or damage to User(s) and/or member computers and/or computer of any person, that may arise from taking part or downloading material related to the BZINGA and/or Services.

5.4 Bzinga, Zee and/or the Platform shall not be liable, for whatever reason, for any loss or damage deriving from the use of the Platform or Services and/or any content published on the Platform or communicated to BZINGA User(s) by anyone.

5.5 Bzinga, Zee and/or the Platform and their employees cannot guarantee and do not promise that the use of the Platform and/or Services will lead to specific results.

III. OPERATIONAL TERMS

1. Access

1.1 In order to access the Platform, the Users are required to open an account on BZINGA (“Account”). When creating/signing up for the Account, each member/User must provide a valid mobile number which is mandatory for registration of the Account hence enabling further communications via SMS. The User(s) will receive One Time Password (OTP) via SMS on the mobile number that has been provided for registration. The User(s) must enter the OTP and validate the registration of the Account. The user must then provide his/her name, birth date, address and gender to participate in auctions. Additionally, the User may provide their email Id in the personal information section on BZINGA for concurrent communications.

1.2 The User must enter a six-digit secret PIN that will be requested when the User places a bid or check status of the bid. This PIN ensures that the bid is placed by the user and not by a third party/relative/acquaintance.

1.3 The Users are responsible for restricting access to the User’s compatible device (Mobile, PCs, tablets etc.). The User agrees to accept full responsibility for all activities that occur within his/her Account. The User must notify us immediately of any breach of security or unauthorized use of his/her Account. Failing to adhere to which, Bzinga and/or Zee would not be held liable for any loss or breach suffered by the User in any manner whatsoever.

1.4 The User shall not be allowed to create more than one Account. The User who does so shall also not be eligible for any bonuses, promotions and/or rewards given to other Users by BZINGA. The User who has created multiple accounts will also be disqualified from claiming any product won by him/her even if the winning amount has been paid by such User. The User should not attempt to circumvent any of the restrictions aimed at preventing the creation and use of multiple accounts by one User. BZINGA bans any account which appears to be a joint use of the account. Under no circumstances, BZINGA shall allow any User to give permission to other Users/Persons to use his/her account.

1.5 BZINGA shall not be liable for any loss caused through unauthorized use of the User’s Account, or breach of the terms contained in this Terms of Use, whether with or without the User’s knowledge. However, the User shall be liable for any loss to BZINGA or a loss to our third-party licensors’, content providers’, merchants’, advertisers’, sponsors’, and service providers’ (collectively, “Bzinga Providers"), due to such unauthorized use.

1.6 Suspension and Termination of User Account: Bzinga reserves the right at its sole discretion, to restrict, suspend, or terminate the User’s Account and/or the User’s access to any or all parts of BZINGA at any time, for any reason, with or without prior notice, and without liability, including in the event Bzinga stops offering any aspect of the Services.

1.7 We expressly reserve the right to restrict, suspend and/or terminate the User’s access to any part of the Services, if we determine, at our sole discretion, that the User has violated any of the terms of this Terms of Use. Any balance consideration, remaining in the User’s Account shall be immediately forfeited in case of termination of User’s Account.

1.8 By visiting and creating an account on Bzinga, you grant Bzinga your informed consent to receive service related communications, advertisements, promotions, offers, and any other sponsored content that Bzinga may display on its App/Platform via phone, SMS, email or any other marketing channels, including its digital channels, television, print and publication, without requiring any further explicit consent.

2. Service

2.1 Our service is limited to the choice of products placed on the Platform. Our Service includes monitoring the regular execution of sales based on a blind lowest unique bid auction system and monitoring that the product auctioned is delivered to the winner.

2.2 We reserve the right to remove, terminate and/or cancel any auction at any given time without any prior notice based on product availability with the distributor and shall not be responsible to entertain any claim pertaining to it.

2.3 In addition, Platform’s Services includes the management and updating of the Services and software parts, as well as the management of all the costs related to servers, employees, advertising and costs related to the management of the Company.

2.4 You hereby agree and accept that the Service offered and for which you decide to buy Tickets is reasonable. User(s) who wish to place their bids accept and agree to buy Tickets on the Platform in order to receive these products/ Services.

3. Bids and Tickets

3.1 Access to BZINGA and registration is free for any User/entrant. To receive the Services offered by BZINGA you must purchase the Tickets which are valid till closure of the Services offered by BZINGA. The value of each Ticket purchased is Re. 1/- (Indian Rupee One only) inclusive of all applicable taxes. The User(s) can acquire free and/or reward Tickets (applies only to members who are regular participants in our Auctions and such members shall be selected at the sole discretion of BZINGA). Tickets are available to be used at your discretion for our provided Services. BZINGA may at its own discretion reward free tickets to any User. Such tickets will have varying validities at discretion of BZINGA. Tickets can only be utilized in Bzinga application and can not be refunded or exchanged.

3.2 You will also earn points on successful purchases and depending on the points you have accumulated, you will progress to higher levels and get additional benefits like access to special auctions.

3.3 The amount of Tickets deducted from your Dashboard details can be accessed on Platform (mobile application) and will vary according to the product. By registering as a Member/User and subsequently wanting to receive the BZINGA services, you agree and accept that any payment you make to BZINGA is made exclusively to guarantee your continued use of the Service.

3.4 There are eight kinds of bids:

3.4.1 Live Bids: These will be bids for the products which will be displayed on the live TV show on Zee Keralam.

3.4.2 Spot Bids: These are short-duration bids which last a few minutes.

3.4.3 Hourly Bids: These bids last for 60 (sixty) minutes.

3.4.4 Elite Bids: Products with a higher value are auctioned in these bids.

3.4.4.1 The minimum bid prices will be slightly higher for these products and these bids last for a few days or even a month.

3.4.4.2 Only users who have accumulated a certain number of points depending on their app activity and the transactions they have made will be able to participate in such bids.

3.4.5 Mystery Bids: Players can bid for a mystery product wherein the MRP of the product is displayed.

3.4.6 12 Hour Bids: These bids last for 12 (twelve) hours.

3.4.7 24 (twenty four) Hour Bids: These are day-long bids.

3.4.8 Grand Bids: These auctions are for extremely high-value products such as automobiles and high-end electronics, and may last a few days or even a month.

3.5. Marketplace

3.5.1 If the Winner does not wish to keep the product that he/she has won, it can be sold using the ‘Marketplace’ feature of BZINGA at a price decided by the Winner for such auction.

3.5.2 If someone purchases such product, the Winner will be passed on the consideration subject to deduction of handling and processing fees. Such amount shall be transferred into the Winner’s bank account by the Company within a period of 3 (three) working days. Please note, if the Winner opts for the option to sell his/her product using the ‘Marketplace’ feature of the BZINGA, then the Winner will have to provide his/her bank details in which the consideration amount shall be transferred. The User (Winner) will have to enter the bank details in the profile section of the Bzinga App. This information will be held and used in accordance with our Privacy Policy.

4. Special Offers: Discounts, Reward Tickets and Free Tickets

4.1 When purchasing the Tickets, BZINGA may from, time to time, introduce at its own discretion, various discounts, rewards, free Tickets or any other form of special offers and at different applicable times.

4.2 It shall be at the discretion of BZINGA, to choose the User(s) to whom these discounts, rewards, free Tickets or any other form of special discounts shall be applicable.

4.3 Any applied discounts, free Tickets, reward Tickets or other forms of special offers can only be used to participate in the current auctions at BZINGA, and can in no other way be used or reclaimed in the form of payment or compensation otherwise.

4.4 All bid types, discounts and special offers are subject to the advertised terms and conditions specified at the time of the offer. BZINGA reserves the right to take appropriate action, which may include immediate account deactivation without refund, towards any members/User(s) abusing any of the special offers.

4.5 Bzinga may run other games and quizzes in addition to lowest unique bid auctions, and it shall be at the discretion of Bzinga to decide and select user(s) who would be eligible to participate/win in such games and quizzes. Under no circumstances would any user be eligible to win and claim more than 5 products/vouchers or any other giveaway on any given day.

5. Withdrawals of Winnings and Refunds

5.1 At BZINGA, the member/User cannot claim for refund of Tickets purchased. All types of bids are non-transferable and non-refundable in nature.

5.2 The User(s) shall be required to provide to Bzinga with other ‘know your customer’ details, including payment mode used, Drivers License, Passport details and/or any other Government Identification Proof at the time of withdrawal of the prizes from the Account. This information will be held and used in accordance with our Privacy Policy.

5.3 Bzinga assumes no liability for purchase error, trial versions, Tickets purchased from the wrong device or platform, promotion codes or discounts not provided at the time of purchase. We will not be liable for any errors on billing statements issued to the User by his/her carrier.

5.4 Bzinga assumes no responsibility on any network issues due to which the User may not in any case be able to access/use BZINGA before, during or after the auction has commenced.

5.5 Once you win the bid, you can go to "My Bids" section and select Closed section. Then, you may choose to pay the winning amount and claim your product or if you are not interested in the product, you may choose it to put it for sale in Marketplace (as referred to in clause 3.7.2 above) at a price you want. If some User chooses to buy it, you will get the consideration amount after deduction of handling fees by the company as per clause 3.7.2 above.

5.6 You/Winner must claim your winning within 24 hours from end of bid.

5.7 On winning of any product, BZINGA shall check the bidding history, no of bids placed, etc. and a congratulatory SMS and or email (if provided) would follow from the date of announcement of the winner. In case of an automobile like car, bike, scooter etc, the SMS shall include the details / specifications/ variant of the automobile and other applicable charges (If any).

5.8 It is obligatory for the winner/member to provide all KYC details mentioned in the SMS and/or email (if provided by the winner/member).

5.9 Once the payment of the bidding price for automobile items like scooter, bike, car etc. is processed and post confirmation from the automobile dealer based on availability or waiting in case if we don’t have the auctioned automobile available in your area then BZINGA will arrange for another variant of the automobile with similar features based on availability in your location and we will intimate you regarding the payments to be made from your side, most specifically but not limited to on road charges and insurance cover cost or any other applicable taxes thereto. BZINGA shall only pay the EX- Showroom cost. The entire process, subject to satisfactory verification of your KYC and payment of necessary charges by winner, shall take upto 15 weeks for the delivery of the automobiles, such as car, scooter, bike, etc.

5.10 Any other changes/ modifications including fuel Variant, customization, additional features, interiors required by the winner shall be charged extra and exclusively be borne by the winner only and will be subject to availability and Zee, Bzinga and Platform takes no responsibility of arranging this.

5.11 In case of Cordelia tour Package Winner(s) needs to pay for Port Charges, Gratuity Fees and applicable taxes.

5.12 In case of winning any residential property like home or land, Winner needs to pay all applicable govt. taxes, maintenance charges, stamp duty etc.

5.13 The User will be solely responsible for all taxes that government may charge on any product or voucher won by any User.

5.14 Declaration of tax payment on winnings under Gameroom section All Winnings from Games shall be subject to a deduction of tax ("TDS") as per the Income Tax Act 1961. Finance Act 2023 introduced new Section 194BA for online gaming activities. It states that if any person receives any income by way of winning from any online game during the financial year then the person responsible for paying such income shall deduct TDS from the net winnings at the end of the financial year. Accordingly,the winnings would be awarded to the winner after deduction of 30% TDS on net winnings in case of cash winning or on receipt of tax challan of the TDS amount from the winner in case the winning is other than cash. The amount of TDS in such case will be determined and informed by Bzinga. Bzinga Team will guide you with the steps of depositing TDS on Govt. website. Further to be noticed, if the winner fails to deposit TDS within 30days from the winning date/date of communication by Bzinga, their winnings are assumed to be forfeited (as if they haven’t claimed their winning) and they cannot claim any type of fraud/forgery on the Bzinga and its Team. In case of any revisions by the Government of India to the rate in the future, TDS will be deducted by Bzinga in accordance with the then current prescribed TDS rate. The Game Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the winnings. You understand and accept that Your mere participation in the Games available does not create any obligation on Us to give You any Winnings. Your winnings from the participation in Games are entirely dependent on Your skill as a player vis-a-vis other players in the Games and subject to these Terms and the rules of the particular Games. We shall not be responsible for inaccurate details regarding any Prizes Winnings given to the Users by any third party.

5.15 The current address where the won product needs to be delivered must be updated under the profile section of the App. In case the address is not updated or is incomplete, our team will reach out to you for updation of the same. Failure to update the delivery address within 7 days from the date of notification will result in the claimed product being revoked.

6. Service Changes

7. Lowest Unique Bid Auction

Participants may bid on any number of the ongoing items until the Auction closes. Auction shall close only when the time frame for an auctioned item hit zero. Winners bidding from multiple accounts and using their immediate family members’ account/s are not allowed to participate in auctions and will be suspended from bidding on BZINGA.

8. Bids Amount

Bids can be placed upwards from the minimum start amount of 1.00. However, depending on the MRP of the product, the minimum bid value may be raised accordingly by Bzinga. The Auction item containing the Lowest Unique Bid at the end of an Auction is sold to the User who has placed that bid and for the price of that Lowest Unique Bid at the end of the Auction.

9. Valid Bid Registration

The bids shall only be considered as valid once they are registered at BZINGA. The bids can be viewed from the Users Account History. Typically, the bid is registered within one second after it is sent from the member/User, but in some rare cases, bidders may experience connection problems with their Internet Service Provider. These connection problems may result in a delay between the time taken to submit the bid by the bidder and the time taken to be received by BZINGA. In this case, BZINGA shall not be held accountable and/or liable for any changes in the situation caused/occurred in terms of winning an auction for a registered bidder.

10. Lowest Unique Bidder

The Member/User who at the end of the Auction has placed the Lowest Unique Bid shall be declared the winner of the Auction. The Lowest Unique Bid refers to the act of placing the lowest bid along with being the only one to place the bid in question. BZINGA continuously identifies the Lowest Unique Bid and ensures the current winner information is up to date. For Example: To win the Bid the User must place ‘Lowest and Unique’ Bid

If BZINGA identifies in an extremely rare case that no bid placed by any bidder is unique, then there will be no winner in such a case. Bid Status UpdateOnce the bid is placed, the User can check the status of his bids, whether it is unique or not and whether it’s a lower priced bid or not. However, tickets (number depends on the product, and will be shown on the screen) will be used every time the status is requested.

11. Duration of the Auction

There is no single duration of the auctions. An auction can last anywhere between 60 seconds to a month. Each auction will have a defined tenure mentioned on it on the mobile application. Moreover, in case of live bid, apart from the mobile application, user will be able to see the auction tenure on the television screen during the live telecast of the BZINGA program.

12. AUCTION WINNER

12.1 Revealing Auction Winner

After end of an auction, User can go to My Bids section of the application and click on Closed in order to see winners of auctions which have ended. The Winner will see the auctions highlighted in yellow colour and he can click on See Options to either claim the product or put it for sale in the Marketplace. If some user chooses to buy it, you will get the consideration amount after deduction of handling fees by the company. Winner must claim the winning within 24 hours from end of bid. A User can win maximum of 5 products from any particular category (except Live Bids) in a day. For example: User can win upto 5 spot bids, 5 hourly bids in a calendar day (24 hours). User can win maximum of one product in a day for Live Bids.

12.2 Delivery

Items/Products are normally delivered within 30 working days after the bid amount has been paid. The Winner agrees that in some cases and/or unavoidable circumstances that may prevent BZINGA in delivering the item/product to the Winner within the usual allotted time frame. BZINGA shall strive to duly notify the Winner of such delay. However, the delivery period of products like automobiles such as car, scooter, bike, etc. or a residential property might take longer than 30 days subject to completion of formalities including payment of all necessary amounts by the winner. All items are delivered by registered delivery partners, to the registered address specified in the Winner’s BZINGA Account.

12.3 Product Disputes

Items/Products on BZINGA shall be new and original and carry manufacturer’s warranty (wherever available), which may vary according to the manufacturer. In case the packaging is damaged, user need to mention the same at the time of acceptance of delivery of the product to the courier partner. BZINGA shall be there to assist the customer in rectifying any issues with any defective items/products within 3 (three) days from the date of receipt of the Product to the Winner’s address. However, BZINGA does not offer any explicit product warranties to that effect. In the event that there is a fault with the received item(s)/product(s), please contact us on 040-49326141 and/or write to us at support@bzinga.com and explain the issue with the item(s)/product(s) along with some photographs of the product(s)/item(s) as received. If any fault in the item/product is covered by the manufacturer’s warranty and/or the supplier, BZINGA shall assist the winner in getting a resolution from the manufacturer/supplier. In case the customer has not received the product he purchased/won, he/she must raise the issue on support@bzinga.com within 30 days from the date when payment was made for such product. Company will not be responsible for any non deliveries if the issue was not raised within 30 days of payment.

12.4 Product Descriptions

We do our best to give detailed and accurate description and/or information of the item/product where possible. The information may contain printing errors or incorrect elements. Therefore, item/product information shall not be considered as a declaration by BZINGA of the technical characteristics of a product. Hence, even the product colour may vary depending upon stock availability. All images used are copyrighted and belong to their respective owners. In case, due to unavoidable circumstances the auctioned product including vehicle/cars is not available in your location, the BZINGA team shall assist the winner in getting any other product (s) equivalent to the auctioned product value.

12.5 Cancellation and Refund Policy

Once the payment has been made by the member/User of BZINGA, no member/User shall be permitted to cancel or eligible for refund of the same. At BZINGA, the member/User cannot claim any refund of Tickets purchased. All types of bids are non-transferable and non-refundable in nature.

12.6 Contact Information

When placing a bid, the member/User agrees to provide an e-mail address that shall be used to contact the member/User at the time of the closing of the Auction in the case that the member/User has placed the Lowest Unique Bid. The member/User shall also provide with other contact details including, but not limited to, phone number, Skype, address, age and gender when opening an account. For any queries and/or feedback related to the BZINGA, the User can write to us at support@bzinga.com and/or call on the number 040-49326141. For further information about BZINGA visit our website www.bzinga.com.

12.7 Publication of Auction Winners

BZINGA reserves the right to contact the winner after the end of an Auction cycle and publish information about the winner. All winners of items are obligated to submit a picture, name and other details as asked to BZINGA for publication in order to provide its members/User(s) and the public with transparency in regards to Auction winners.

12.8 Product Price, Charges & Taxes

BZINGA hereby declares that for prizes like automobiles such as scooter, bikes, car, etc., the Winner will have to pay the bid amount and additionally incur road charges, insurance cost, RTO charges and other applicable taxes since BZINGA shall only pay the Ex-Showroom cost. Similarly, if the Winner wins holiday packages like Cordelia Cruises then the Winner shall incur additional cost of Port charges, Gratuity Fees and applicable taxes. However, in case of household products and electric products like a mobile phone, television, refrigerator, laptops, air-conditioners, voucher, etc. the Winner shall only pay the bidding amount of the auctioned product, subject to additional delivery charges levied by the delivery partners apart from the standard delivery charges, then such additional delivery charges will have to be incurred by the Winner. All prizes declared to the Winner will be at the sole discretion of Bzinga and Zee shall not in any way be responsible for any prizes or winners.

13. Disqualification

13.1 Gamerooms

a. The game slots are of 30 minutes slot each, starting from 12am - 11:30pm, and are subject to change without prior information.

b. You can book a minimum of 1 room and maximum of any number of available rooms.

c. One user is eligible to book a slot only once.

d. The entry fee ticket is not fixed, and may vary depending upon the product prices and number of players.

e. One ticket is equivalent to Rs 0.75/-

13.2 BZINGA reserves the right to refuse to accept any entry which, in its opinion, does not comply with the terms and conditions of the auction or which contravenes the spirit of the auction. Bzinga further has an absolute discretion to disqualify any entry/bid, or vary, amend or waive the terms and conditions of the auction at any time and members/User(s) agree that no liability shall attach to either party as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to any entrant. Any site members/User(s) or entrants found to be attempting or suspected of attempting to hack into any servers or systems run by Bzinga or its associates will be immediately removed from the system and have their entries cancelled.

13.3 The Member/User(s) hereby also agrees to use our services only for lawful purposes. Specific prohibited activities include, but are not limited to:

a. criminal or tortious activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

b. promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

c. using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behavior, including masturbation, copulation, pedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; d. e. f. depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behavior or that shows scatological impropriety and any other content contravening good moral standards;

d. attempting to circumvent, disable or otherwise interfere with security-related features of BZINGA or features that prevent or restrict use or copying of any content or enforce limitations on use of BZINGA or the content therein;

e. using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with BZINGA application, and taking advantage of cheats, exploits or technical glitches;

f. using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials;

g. interfering with, disrupting, or creating an undue burden on BZINGA Platform or the networks connected to the Platform;

h. attempting to impersonate another participant or person;

i. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;

j. using the account, username, or password of another account holder at any time or disclosing the User account password to any third party or permitting any third party to access the User Account;

k. using any information obtained from BZINGA in order to harass, abuse, or harm another person;

l. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;

m. using BZINGA in a manner inconsistent with any and all applicable laws and regulations;

n. sublicense, rent, lease, sell, trade, gift, bequeath or other transfer of the User account associated with the User account to anyone;

o. access or use of a third-party account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and

p. using our services for commercial exploitation.

13.4 The User will immediately be banned from the accessing our services, if they are found to be participating in any one of these activities. Any conduct by the User in violation of the foregoing prohibitions may result in the suspension or termination of his/her Account.

13.5 If it is found that a User bidding in the Auction(s) is a resident of any of the Restricted State(s) as mentioned in clause 2.3 above, his/her entries will be disqualified, and any prize or products won by such participant in the auction would be forfeited. Further, Bzinga shall, at its sole and absolute discretion, suspend or terminate such User’s account.

14. Anti-Fraud Policy

1. BZINGA does not tolerate unfair or fraudulent behavior from Users on its platform. Once unfair or fraudulent behavior is detected, the Users/players found to be abusing, cheating or defrauding BZINGA or its Users, by using illegal, unfair or fraudulent mean(s), shall be suspended or permanently banned from accessing the Platform and appropriate legal action against such perpetrators shall be undertaken. Any funds and/or deposits of any identified player engaging in unfair or fraudulent conduct or cheating, shall be frozen with immediate effect without notice. The information about the perpetrator will be shared with other online gaming sites and government authorities, as required.

2. BZINGA encourages Users/Players who believes or has a reason to believe that a User(s) is using illegal means and/or engaging in cheating or unfair practices while using the Platform in any manner, he/she may report the number or any other detail that may be relevant to BZINGA who in-turn shall take the necessary and appropriate steps.

15. Governing Law

These Terms and all questions arising hereunder shall be construed, governed by, and interpreted in accordance with the laws of India. Each of the User(s) / member(s) / Winner(s) hereto irrevocably agree that the courts located in Mumbai, India shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon these Terms.

16. Amendments

We reserve the right to change or amend the Terms of Use at any time. If we do this, we will place a notice on the website / application or notify you by any other means we deem appropriate in our sole discretion. It is your responsibility to check the Terms of Use on a regular basis, including, prior to using the Services. Your continued use of the Services constitutes your acceptance of the revised terms of the Terms of Use.

The Contest titled The Cricket Quiz (“Contest”) is being organized by Zee Media Corporation Limited (“ZMCL”). Please read these terms and conditions ("T&Cs") before entering the Contest.

You agree that, by participating in this Contest, you will be bound by these T&Cs, and you acknowledge that you satisfy all Contest eligibility requirements as provided herein below.

For the purposes of these T&Cs, wherever the context so requires "You" or "Your" shall mean any natural person who is a participant in the Contest, and “ZMCL” or “Us” or “Our” or “We” shall mean Zee Media Corporation Limited, “Channel” shall mean Zee Business, “Website” shall meanhttps://zeenews.india.com/hindi and “Social Media Handles” shall mean @Zee Business.

ELIGIBILITY

You need to fulfil the following eligibility criteria to enter the Contest:

(a) You should be an Indian citizen

(b) You have a billing address within India.

(d) You have an image with the Channel Promotion Creative (“Promotion Tag”);

(e) You should be of an age 18 years or above at the time of entry into the Contest; and

(f) You are not an employee of ZMCL, or of any of its affiliate companies or of any of the Group Companies, or the employee’s immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren).

DETAILS OF THE CONTEST AND ENTRY PROCEDURE

1. This Contest will remain live just from 07th Oct’23 to 12th Nov’23

2. There will be 9 lucky winners of the Contest, who will be eligible for a Family Cruise Trip & One Bumper Prize.

PRIZE AND PRIZE COLLECTION

The selected per day winner may be required to collect their Prize from the office of ZMCL based in Noida, the Prize may be sent on the registered e-mail id(s) of the Participants. The date of collection of the Prize shall be communicated by us over a call and also announced on the Cricket Show (Tv) & Zee News Hindi websites. No claim for the Prize by the Winner, shall be entertained post expiry of a period of sixty (60) days from the date of declaration of winner by ZMCL. The Winner shall be solely responsible to bear the applicable tax liability (if any) on the Prize and shall provide to ZMCL all required documentation in support thereof.

Winner shall be required to be present in-person to collect the Prize accompanied by a natural person as witness. Prize shall be handed over to the Winner upon verification by Us, of the Winner’s original personal identification document i.e., either a PAN Card / Driving License / Voter ID / Indian passport along with a valid tax receipt in lieu of the Prize.

PRIZE SELECTION

The lucky draw for selection of the winners of the Contest will be aggregated at the end of each day and shall be selected as per an internal manual process through human intervention. The Winners shall be announced on the next day on the Social Media Handle. The Winners will be required to share a valid proof of identity and age in the form of a copy of PAN Card / Driving License / Voter ID / Indian passport. A PAN card copy is mandatory. The selected participants will automatically forfeit their claim to the Prize if they do not meet the eligibility criteria or do not comply with these T&Cs. Each Prize will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). There are no cash or other prize alternatives available in whole or in part. No benefits greater than those described in the "Description of the Contest and How to Enter" section above in these T&Cs will be awarded. However, in circumstances beyond our control, we may substitute a similar alternative prize of equal value in our sole discretion. If any selected participant does not respond back to any communications sent in relation to the Contest within the time period communicated by ZMCL, or answers the Contest question incorrectly, he/she shall not be eligible to be declared winner of the Prize.

ADDITIONAL TERMS

We may, to the maximum extent permitted by applicable law and in our sole discretion, change the T&Cs or cancel the Contest at any time; or modify, terminate, or suspend the Contest.

ZMCL shall not be responsible for: (a) lost, misdirected, late, incomplete, or inaccurate entries, whether caused by you, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with the Contest; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or telecommunication network error.

We may, in our sole discretion, disqualify any individual found to be: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these T&Cs; (c) committing an act which in our opinion shall be detrimental/prejudicial to the Contest and/or the other participants of the Contest.

MISCELLANEOUS

The Contest is governed by the laws of India. No requests for transfer or assignment or redemption of the benefits shall be entertained. You agree that all our decisions related to the Contest are final and binding on you. Failure by ZMCL to enforce any of these T&Cs in any instance shall not be deemed to be a waiver of the T&Cs and shall not give rise to any claim by any person. The decision of ZMCL shall at all times be binding and final. These T&Cs are subject to Indian laws and the courts at Noida shall have the exclusive jurisdiction in respect of any disputes or any matter arising here from.

FORCE MAJEURE

This Contest is subject to force majeure circumstances including without limitation, floods, natural lockdowns, epidemics, pandemics, disasters, war, act of terror, political unrests, technical snags, act of God or any circumstance beyond the reasonable control of ZMCL ("Force Majeure Event"). ZMCL shall be not liable for any delay or adverse effect caused to the participants in the Contest including the winners as a result of a Force Majeure Event.

PUBLICITY RELEASE

By participating in the Contest, you give ZMCL permission to use your name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made in relation to the Contest and any promotions, events, or contests to follow. You agree that ZMCL shall have the right to publish your saved item details for any communication, promotions, events, or contests that follow. You agree that ZMCL and/ or its affiliates have complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose. These uses include, but are not limited to illustrations, bulletins, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the internet. You acknowledge that you will not receive any compensation, etc. for the use of such pictures, etc., and hereby release ZMCL and/ or its affiliates and its agents and assigns from any and all claims which arise out of or are in any way connected with such use. You give your consent to ZMCL and/or its affiliates, agents and assigns to use your name and likeness to promote the Contest and any promotions, events, or contests to follow.

LIABILITY RELEASE

This Contest is being made purely on a "best effort" basis and participating in this Contest isluntary. By participating in the Contest, you will be legally bound hereby, to release from liability, and hold harmless ZMCL, and any of its affiliates, employees or agents representing or related to ZMCL and its services/products. This release is for any and all liability for personal injuries (including death), property loss or damage, and misuse of the benefits/ Prizes offered under this Contest, in connection with any activity or directly or indirectly, by reason of the acceptance, possession, or participation in the Contest, even if caused or contributed to by our negligence. The Participant releases ZMCL from any tax or any other statutory liability (if) applicable on the Prize, which taxes shall be borne by the Winner solely, and shall be payable in cash to ZMCL, for further payment to the relevant authority. Refusal to pay the applicable tax amount (if any) by the Winner, shall immediately lead to forfeiture of the Winner’s claim to the Prize.

WINNER ANNOUNCEMENT

After we confirm the winner/s, we will contact the winners individually. We will also post the names of all the winners on this page at the earliest and also on the social media handles of the Channel.

PRIVACY NOTICE

All information submitted in connection with this Contest will be treated in accordance with these T&Cs.