TEXT2PLAY - Terms & Conditions (T&C)
By using the Text2Play web site, you are agreeing to be bound by the following terms and conditions ("Terms of Use"). You can view the same at www.text2play.com
ACKNOWLEDGMENT & ACCEPTANCE
By registering and/or using and/or visiting the Service, including but not limited to the products, services, content, applications or other features that may be available from time to time in connection with the Service, you agree that you have read and understood this Agreement ("Agreement") and that your membership in the Service shall conform to both its terms and conditions ("Terms of Service") and its privacy policy as stated explicitly in this document.
The Service is operated by Text2Play.com and therefore this Agreement is between the subscriber (“You” or “Member”) and Text2Play.com
You agree to receive advertisements on your mobile phones and through email by being a registered member on Text2Play.com
We are under no obligation to provide you with any particular number of advertisements or contests in a day.
THE SERVICE
We offer sms contest service on mobile and/or email.
You can choose to subscribe/unsubscribe from contest by sms or visiting the website.
This service is completely free of charge to you.
After successful registration, you may receive advertisements, promotions or similar messages on your mobile phone and/or email.
You can invite your friends and family to join Text2Play.com and they can avail the same service.
This Content is open solely for Indian citizens above the age of 18 years.
Neither the employees of Text2play nor the family members or the relatives of employees of Text2play are eligible to participate in the Contest. Any such entry, even if successful, would be deemed inadmissible for the purpose of this service.
Entries shall be short listed on the basis of correct answers to the Contest question(s). Incomplete information provided under this Contest shall not be entertained and shall stand disqualified, without any intimation. The users / contestants with the maximum sms shall be entitled to the prizes of the Contest, subject to a lucky draw.
You
as the user are hereby informed that the SMS sent by You for
participating in this Contest would be charged at a premium (Please
check the charges with your respective Telecom Operators).
Furthermore, the revenue generated out of this Contest would be used
for the purchase of the prizes that are given away to the winners.
Features of the Contest
a. The Contest would be accessible through your mobile phone(s) on SMS and WEB platform.
b. You can enter the Contest by sending “ IWIN ” as SMS to 56070 from Your mobile phone. You can quit the Contest by sending “IWIN STOP” as SMS to 56070. You can also log onto www.text2play.com to start playing the contest. You can also enter the contest by sending your reply to the question asked in the contest or any of the keywords being used or used in the past for the contest.
c. Once you enter the contest, you will receive contest questions on sms on a regular basis. To opt out of contest you can send “IWIN STOP” to 56070 from your mobile.
d. There will be two (2) types of Prizes – Daily Prize and Weekly Prize. Contestants stand a chance to win more than one Draw. In order to provide equal opportunity to every contestant, Text2play may restrict contestant to win only once in a particular type of prize draw.
Prizes
Daily Prize :Daily winners will be chosen out of the correct entries by 11PM daily and Winners names will be published on “IWIN WINNER” or any other keyword being used for the contest. There may be a delay in announcing winners and Text2Play will not be responsible for the delay.
You should have played the Contest at least once (and should have correctly answered the given questions) during the Contest Period. Please note that the questions may repeat.
Weekly Prize: There will be One (01) Weekly Prize Draw every week, in which all the correct entries during the week as per Text2Play logs will be considered in the draw.
To qualify for the Weekly Prize(s): You should have played the Contest at least once (and should have correctly answered the given questions) during the Contest Period. Please note that the questions may repeat.
There is no entry fee for the Contest, However your Service provider may charge premium sms charges for sending sms to 56070.
Once you agree to play the contest on the 56070 SMS platform, you will receive regular questions and other promotional messages relevant to the contests on a daily basis. There will be an option to stop such alerts but by using this option you will opt out of the contest and will no longer be eligible for any or all the prizes that are being given away to the winners.
The winners will be informed through a call on the participating Mobile Number and each winner will be notified individually. Accordingly, prizes will be delivered to the winner(s). The Prizes may also be given to the winner during a special event, the venue, date and time of which shall be announced by Text2Play, at its sole discretion, subsequent to the completion of the Contest. Text2Play also reserves the rights to change the prize at any time during the contest, in case the mentioned item / product is not available in the market but at the same time Text2Play will ensure that the winner gets other / alternate prize worth the winning amount.
The prizes shall be given to the winners subject to all applicable statutory deductions and taxes.
In the event the selected winner does not provide the relevant documents (such as PAN CARD) as required by Text2Play, within a period of sixty (60) days of receipt of intimation with regards to the same, Text2Play may, at its sole discretion, cancel the entitlement of the said winner and may award the prize to the .
TERMS OF PARTICIPATION
You MUST be able to understand and accept these Terms of Service and abide by its terms.
Should you decide to register and become a member, the registration information you MUST provide shall be accurate and truthful and you agree to maintain this information from time to time.
You MUST be at least 18 years of age or older.
You MUST provide correct/true information about your profile. Text2Play has the right to verify the information you provide. If this information changes you must immediately update your profile by logging in to Text2Play.
You are not allowed to use proxy servers.
During sign-up, you will be asked to provide your mobile number. A code will be sent as an SMS to the mobile number that you typed in for verification purposes. Ensure that it is indeed your number. Text2Play is not responsible if the mobile number belongs to someone other than you. You personally will be liable in case the actual owner takes any legal action. You will lose all privileges to access your account in such an event.
The use of any automatic tool to fill in forms, such as RoboForm, is forbidden.
Your mobile phone number will be uniquely associated with your subscription to the contest services.
By filling out the registration form you are applying to receive a Service and you are agreeing to receive advertisements on your mobile phone and/or email.
No employee-employer relationship is created by your use of the Text2Play web site and its services. Text2Play is under no obligation to offer its services to you.
As part of the Service, you may be required to share additional information about you so that we can offer you relevant advertising.
CONTEST SUBSCRIPTION
Text2Play may refuse to accept your application for the Service for any reason.
MEMBERS CONDUCT
You agree to only use the Service in a manner that is consistent with the Terms of Service and in such a way as to ensure compliance with all applicable laws and regulations.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
No Unauthorized Manipulation of the Service. You may not in any way interfere with the proper operation of the Service.
CONTENT SUBMISSION
When you provide any submissions to Text2Play, you understand and accept complete responsibility for your submissions, including any and all consequences that may arise. You may not create a user name, post, upload, email or otherwise transmit to Text2Play submissions of any kind that is, within the sole discretion of Text2Play, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to the following:
infringing upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;
promoting infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;
libelous or defamatory or promotes information that you know is false or illegal;
violates the privacy of others, including but not limited to posting the photograph of another person without that person’s consent;
obscene, vulgar or contains profanity; pornographic or sexually explicit or contains nudity;
exploits or attempts to exploit people in a sexual or violent manner;
disparaging to Text2Play or any third party;
an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
involves the transmission of any unsolicited mass mailing or mass sms including but not limited to 'junk mail,' 'chain letters', “bulk sms” and 'spam';
contains restricted or password only access pages;
selling, promoting or encouraging the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;
unlawful or illegal, or criminal in nature (such as child pornography, fraud, gambling); otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
INTELLECTUAL PROPERTY RIGHTS AND VIOLATION
When you provide submissions to Text2Play, you still retain all of your rights of ownership in your submissions. However, by uploading, posting or otherwise transmitting your submissions, you grant Text2Play (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
Provided proper notification, Text2Play will remove submissions that infringe upon the intellectual property rights of another and reserves the right to remove submissions without prior notice. Text2Play assumes no responsibility for monitoring the Service. In the event it chooses to do so at its discretion, Text2Play assumes no responsibility for the submissions or any obligation to remove any inappropriate submissions or any responsibility for the conduct of a member submitting inappropriate submissions. At its sole discretion, Text2Play may remove any submission and/or terminate a member’s account for violating any of these Terms of Service at any time and without notice. Text2Play will terminate a member’s account who is determined to have been notified of infringing activity and/or has had a submission removed from the Service for infringing activity. Text2Play reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of tthe Service or violation of the Terms of Service.
OUR PRIVACY POLICY
We may ask for some personal information when you subscribe to our services You need a mobile number to access our services.
Your mobile number or any other personal information will not be revealed to anyone outside of Text2Play.
Text2Play employees who get access to this information will be under a confidentiality agreement which will ensure protection of your privacy.
Text2Play only shares personal information with other companies or individuals outside of Text2Play in the following limited circumstances:
For those ads to which you respond to for more information, we will release your mobile number to the advertiser.
We have a good faith
belief that access, use, preservation or disclosure of such
information is reasonably necessary to
(a) satisfy any
applicable law, regulation, legal process or enforceable
governmental request
(b) enforce applicable Terms of Service ,
including investigation of potential violations thereof
(c)
detect, prevent, or otherwise address fraud, security or technical
issues
(d) protect against imminent harm to the rights, property
or safety of Text2Play, its users or the public as required or
permitted by law.
We will share with third parties certain pieces of aggregated, non-personal information, (Aggregate non-personal information" is information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user.). Such information does not identify you individually.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEXT2PLAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TEXT2PLAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS;
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR THROUGH THE SERVICE ADVERTISERS OR PARTNERS WILL MEET YOUR EXPECTATIONS; AND
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXT2PLAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES OR STRAIN ON EYES OR REPITITIVE STRAIN INJURY (RSI) WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE OR WHILE USING A COMPUTER/LAPTOP. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF IT. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE ANY SUCH CONDITIONS, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN.
Text2Play expressly disclaims all warranties of any kind, whether express or implied. Neither does Text2Play make any warranty that the items / products will meet your requirements, or the delivery of the item / product will be timely, secure, nor is Text2Play responsible for sub-standard quality or any defects of any nature in the items/ product(s) supplied by manufacturers/ suppliers/ importers/ producers/ sponsors, including any damages done in transit. Any claim in respect of any product/ item is a subject matter of the product manufacturer / supplier / importer / producer / sponsor and all enquiries for warranty / defect related claims must be processed through the respective channel. Disputes pertaining to these issues will be directly settled between the winner and the respective channel.
Applicable government taxes on prizes as applicable, will be borne by the winners and all deductions (such as TDS), wherever applicable, shall be made by Text2Play in accordance with section 194 B of the Income Tax Act, 1961 .
Text2Play reserves the rights to terminate / suspend the Contest at any time and/or change, modify, withdraw, or extend the Contest without any prior notice and no correspondence in this regard shall be entertained.
Text2Play reserves the right to withdraw / change / modify the content and/or the T&C at its own discretion and without any prior notice and / or assigning any reason. Therefore, you are advised to regularly check for any amendment(s) or update(s) to the T&C.
Your entering the said Contest via sms shall be deemed as your acceptance of the T&C.
16. All the prizes shall be subject to such other terms and conditions as may be applicable to specific prizes and shall have to be duly complied with by the winner(s).
The winners, at the time of receiving the prize(s) must have a valid and existing agreement with their respective MNO/MVNO (as applicable).
You expressly agree and acknowledge using the service at your sole risk and responsibility. And that the service is provided on an " AS IS " and " AS AVAILABLE " basis. Text2Play gives no warranty in relation to the accuracy of the information, description or estimated value of an Item / product or it's availability. Text2Play undertakes no obligation to investigate each Item / product to verify the description / information. You should not place any reliance on such descriptions or assume that investigations have been carried out.
The prize(s) to the winner shall be given subject to (a) the compliance with all applicable statutory legislations / processes / formalities in connection with the prize(s); (b) on payment of all relevant government / statutory taxes / levies; (c) on production all such documents / papers as required by Text2Play before accepting the delivery of the prize (such as PAN CARD), (d) (c) revenue getting realized without any defaults from winner basis usage of 56070 SMS/WEB services and (e) complying with all relevant T&C of Text2Play. Any failure on the part of the winner to comply with directions issued by Text2Play, or in the event of any ambiguity / uncertainty / unavailability of the winner, Text2Play, in its own discretion will be entitled to cancel the prize(s) for the said winner(s).
The decision of Text2Play in respect of all prizes / transactions under this Contest shall be final and binding.
TEXT2PLAY OR IT'S DIRECTORS / OFFICERS/ AFFILIATED / GROUP COMPANIES WILL IN NO WAY BE RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, WHICH HINDER THE COMPLETION OF THE CONTEST.
This Contest cannot be combined with any other offer or promotion currently being offered.
All disputes are subject to the exclusive jurisdiction of the courts at New Delhi
ACKNOWLEDGMENT & ACCEPTANCE
LIMITATION OF LIABLITY
Text2Play SHALL, IN NO
EVENT BE LIABLE FOR ANY SPECIAL INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES RELATING TO THE PARTICIPATION OR
INABILITY TO PARTICIPATE IN THE SERVICE.
Text2Play SHALL NOT BE
RESPONSIBLE FOR DAMAGES OR LOSSES THAT RESULT FROM PARTICIPATING OR
INABILITY TO PARTICIPATE IN THE SERVICE, OR RELIANCE ON OR USE OF
INFORMATION, SERVICES, OR MERCHANDISE PROVIDED ON OR THROUGH THE
SERVICE.
YOU ACKNOWLEDGE AND
AGREE THAT Text2Play NEITHER ENDORSES THE CONTENTS OF ADVERTISEMENTS
OR THIRD PARTIES' WEB SITES, NOR ASSUMES RESPONSIBILITY OR LIABILITY
FOR THE ACCURACY OF MATERIAL CONTAINED THEREIN, OR ANY INFRINGEMENT
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THERE FROM, OR
ANY FRAUD OR OTHER CRIME FACILITATED THEREBY.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER TEXT2PLAY NOR ANY OF ITS PARENTS, MEMBERS, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF SERRVICES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TEXT2PLAY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACT OF OTHER MEMBERS, OR USERS INCLUDING UNAUTHORIZED USERS, OR HACKERS OF THE SERVICE.
PARTICIPATION IN PROMOTION OF ADVERTISERS AND PARTNERS
Your correspondence with or participation in promotions of Service advertisers and partners, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or partner.
We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.
NON-TRANSFERABILITY
You are not allowed to share your account with any other individual. Nor are you allowed to transfer accounts to someone else.
Your membership will terminate immediately in the event of your death. Service accounts are not transferable upon death or otherwise by operation of law.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that Service content (including but not limited to text, sound, photographs, graphics, or other material contained in any Service communication, advertisements, or messages, whether by Text2Play or Text2Plays' advertisers or partners), Service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Member is only permitted to use content, Service, or software as expressly authorized by Text2Play, its advertisers and partners, as the case may be.
Except as expressly authorized by Text2Play or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MODIFICATIONS
Text2Play reserves the right to change this Terms and Conditions document. It is also your responsibility to check this document periodically for any changes or modifications and you must not rely on e-mails as a sole source of information regarding this Agreement or your membership. Your continued use of Text2Play constitutes an affirmative acknowledgement by you of the Terms and Conditions and any subsequent modifications made to it and your agreement to abide and be bound by the Terms and Conditions document in its modified form.
We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service
NOTICES
All notices given by us to you will be given by SMS and/or email and/or postal mail and/or by general posting on the Web site.
INDEMNIFICATION
You agree to indemnify and hold us, our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, expense, or damage, (including reasonable legal fees) made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms, content you submit, post to or transmit through the Service or your violation of any rights of another.
MISCELLANEOUS
TERMS AND CONDITIONS and the relationship between you and Text2Play shall be governed by the laws of India without regard to its conflict of law provisions. You and Text2Play agree to submit to the personal and exclusive jurisdiction of the courts located within Delhi.
This Agreement constitutes a complete and exclusive understanding between us and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter provided that nothing in this Agreement seeks to limit or exclude any right either party may have in respect of fraudulent misrepresentation.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
If any part of these Terms is unenforceable (including any provision by which Text2Play excludes its liability to the Member), the enforceability of any other part of these Terms will not be affected.


