These terms and conditions apply to the lucky draw (hereinafter referred to as "Lucky Draw") sponsored by Home Credit India Finance Private Limited (hereinafter referred to as "Home Credit") wherein the eligible customers of Home Credit can participate, voluntarily, by their own free choice by complying with the terms and conditions mentioned below.
By participating in the Lucky Draw, the customer(s) fully and unconditionally agree(s) to accept and abide by the terms and conditions of Lucky Draw hereinafter specified (referred as "Lucky Draw Terms and Conditions of Home Credit" and available on www.homecredit.co.in ) as well as the decision of Home Credit which is final and binding in all matters related to Lucky Draw. Successfully entering the Lucky Draw and winning a prize is subject to all requirements set forth herein:
- Eligibility for & Participation in Lucky Draw
- A customer shall be considered eligible to participate in Lucky Draw only if:
- The customer must be an existing customer of Home Credit between the period 15 November 2017 ('Start Date') till 31 December 2017 ('End Date') (both dates included). 'Existing Customer' here means the individual borrower who has at least one registered loan running successfully with Home Credit anytime during Lucky Draw Period (i.e. the period between Start Date and End Date);
- Such customer (i.e. customers from Clause 1.1.1) should not be delinquent or defaulter in any loan with Home Credit as on Start Date of Lucky Draw. If a defaulting/ delinquent customer makes the payment of all the overdue amount within four (04) days of the Start Date, he/ she shall become eligible for the participation in Lucky Draw. Any amount by the customer shall be considered as paid to Home Credit only when such amount is credited in the designated bank account of Home Credit on or before four (04) days of the Start Date;
- After the start of Lucky Draw Period, the customer shall not default in payment of Monthly Instalment in respect of any of his/ her loan with Home Credit;
- The customer has updated his residential address and contact mobile number (e-mail address is optional) with Home Credit along with officially valid documents as proof of his/ her identity and address; and
- There has not been any dispute or legal proceeding existing between Home Credit and the customer, or the customer is not suspected of any fraud against Home Credit.
- The customers are under no obligation to participate in the Lucky Draw. If the customer decides not to participate in the Lucky Draw, he/ she can inform Home Credit accordingly.
- Home Credit reserves the right to exclude any person from the Lucky Draw at any time on the grounds of him being the subject of criminal investigation or due to misconduct/ misbehave or criminal record or conviction of any crime.
- Employees, agents and representatives of Home Credit, its advertising and promotional agencies, suppliers of prizes, material and services related to this Lucky Draw, as well as members of their immediate families (brothers, sisters, children, spouse and parents) are not eligible to participate in Lucky Draw.
- Procedure for Lucky Draw
- The representative of Home Credit shall call the customer on his/ her mobile number registered with Home Credit. If Home Credit representative is able to establish a successful contact with the customer at least once in three days of attempt in a month during Lucky draw Period and the customer is eligible as per eligibility mentioned in Clause 1 above, the customer will be selected for Lucky Draw.
- Home Credit shall conduct Lucky Draw out of the pool of eligible customers who were successfully contacted as per Clause 2.1. The draw will be conducted in first week of February 2018 on a day which is not a holiday.
- Lucky Draw shall be made at the registered office of Home Credit. Each customer shall be eligible to participate only once in Lucky Draw. The winners will be shortlisted in Lucky Draw through a draw made on random basis by Home Credit.
- The names of the winning customers for Lucky Draw shall be posted on the website of Home Credit and shall continue to be posted for continuous 7 (seven) days after the Lucky Draw.
- The winning customers may be invited in award distribution programs organized by Home Credit and their photographs may be used in advertising campaigns/ materials of Home Credit.
- Home Credit shall communicate the winning customers either by phone call on their mobile number registered with Home Credit or by sending letters at the residential address provided to Home Credit, as may be decided by Home Credit. Home Credit shall not be held liable if the winning customers does not receive the information due to the mobile numbers/ address details not updated/ corrected with Home Credit. In the event the winning customer is not contactable over phone in 3 (three) attempts during a 48 (forty eight) hours' period after Lucky Draw, or the letter sent to customer's residence returns undelivered, as the case may be, Home Credit shall forfeit the prize of such winning customer without any further intimation to the customer and such customer shall not be entitled to claim the prize thereafter.
- No prize will be awarded if any information given by the winning customer is found to be false, incorrect, incomplete, misleading or forged in the opinion of Home Credit.
- In the event of death of the winning customer, no claim from the nominee or his/her legal heirs of the winning customer shall be entertained for receiving the Prize.
- Prize Details
- 3.1. Following prizes are being offered by Home Credit to winners of each Lucky Draw ("Prizes"):
- Seventy Seven winners shall be announced for first prize from the pool of the customers referred in Clause 2.2 above. These winners will get Mobile Phones ('First Prize').
- Seventy Seven winners shall be announced for first prize from the pool of the customers referred in Clause 2.2 above. These winners will get Washing Machines ('Second Prize')
- Seventy Seven winners shall be announced for first prize from the pool of the customers referred in Clause 2.2 above. These winners will get Home Theatre ('Third Prize')
- Five winners shall be announced for mega prize from the pool of the customers referred in Clause 2.2 above. These winners will get Motor Bikes ('Mega Prizes').
- Prizes must be taken as offered and cannot be varied. Prize is not refundable and cannot be taken as cash.
- Prizes (except Mega Prizes) will be handed over to the winning customers who are present at the award distribution programs organized by Home Credit. If the winning customer are not present at such program, the Prizes will be sent at their residential address (as per details available with Home Credit) via normal courier.
- In case of Mega Prizes, the customer has to complete the statutorily formalities like registration, insurances etc before the award distribution programs.
- The winning customers shall be liable for all costs and expenses as may be incurred in registration, insurance, delivery etc as applicable to the Prizes. Home Credit shall bear the cost of Prizes (net of tax deducted at source) only.
- The pictures depicted on the advertisement material, banners, posters, company website etc. are only representative and the actual prize may vary from the depiction. Home Credit shall be entitled to select the manufacturer, make and design of the Prizes without any discussion from, or approval of, the Customer(s)/ winning customer.
- Prizes will be governed by the normal terms of warranties and guarantees, if there is any, of the respective manufacturers/ service providers and Home Credit shall not be liable or responsible for the same.
- If a Customer is dissatisfied with the terms and conditions of the Lucky Draw, and/or the Prize, his/her sole and exclusive remedy is to not to participate in the Lucky Draw.
- Home Credit, its employees, representatives or its agencies shall not be liable for any loss or damage due to Act of God, Governmental action and other Force Majeure circumstances and shall not be liable to pay any compensation whatsoever for such losses.
- Neither, Home Credit nor any of its Affiliates shall be liable to perform any of its/their respective obligations under the terms and conditions of this Lucky Draw or in respect of the prize where it is unable to do so as a result of circumstances beyond its/their control in the nature of fire, explosions, natural calamities, state emergency, riots, or any other Force Majeure condition etc., Home Credit shall not be liable to compensate the customers in these circumstances and shall not be accountable/ liable for any disruptions/ stoppages/ interruptions or cancellation of the Lucky Draw due to any government restrictions.
- Failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies on the part of Home Credit or its affiliates/Agency.
- Home Credit shall not be liable for any damage or loss (including but not limited to indirect or consequential loss) arising from personal injury or death, or loss of, or damage to property, which might be suffered or sustained in connection with the Contest or the prize, except to the extent to any liability not excluded by law.
- Home Credit, its employees, representatives or agents, will not be responsible for any NDNC (National Do Not Call) Registry regulation that comes into play. All customers who participate hereby agree and give express assent to Home Credit, its employees, representatives or agents for the Lucky Draw that even if they are registered under NDNC, DND (Do Not Disturb), Home Credit, its employees, representatives or agents will have the valid authority to call such shortlisted participants, by virtue of them having voluntarily participated in the Lucky Draw.
- Intellectual Property
- All rights, title and interest, including but not limited to the Intellectual Property Rights, in the promotional material(s), trademarks, service marks, trade names, domain names, logos, and in any and all responses received shall vest solely and exclusively with Home Credit at all times.
- All material submitted in connection with the Lucky Draw (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of Customer are assigned, without consideration, to Home Credit upon submission and become the property of Home Credit exclusively. Home Credit may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material remains the sole property of Home Credit.
- Dispute Resolution
- Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of these terms and conditions of Lucky Draw or the subject matter thereof shall be referred to the sole arbitrator to be appointed by Home Credit for arbitration in the territory of Gurugram (Haryana) as per the provisions of the Arbitration and Conciliation Act, 2015 with such modification and amendments as may be time being in force and the decision of the arbitrator shall be final and binding on the parties.
- All dispute arises between the Parties relating to application, interpretation, implementation or validity of this Luck Draw shall be governed and construed in accordance with the laws of India. The Courts of competent jurisdiction at Gurugram (Haryana) shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Lucky Draw.
- Mere Participation in this Lucky Draw does not entitle a Customer to a Prize unless all other terms and conditions are fully complied with. Any fraudulent conduct on the part of the customer shall disentitle such customer to receive the prize under this Lucky Draw.
- Home Credit reserves the right to change, defer, alter or cancel this Lucky Draw in part or full, or change any or all of the terms and conditions that are applicable, without giving prior intimation/notice of any kind and will not be liable for any consequential losses/damages. Any decision of Home Credit in this regard and in general with respect to this Lucky Draw and the terms and conditions thereto shall be final and binding.
- The decision of Home Credit shall be final in all regards and no communication shall be entertained in this regard. None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between any Customer and Home Credit and the Customers shall not have the authority to bind Home Credit in any manner whatsoever.
- Home Credit reserves the right to terminate, modify or extend the date of the Lucky Draw, at any time at its absolute discretion, without assigning any reason whatsoever. All decisions of Home Credit in respect of the Lucky draw and the prizes therein shall be final and binding.
- Home Credit India reserves the right: (a) to disqualify any of the customer / winning customer if it has reasonable grounds to believe such customer has breached any of the Terms. No intimation shall be sent to the customers who are disqualified and/or not amongst the winners.
For Home Credit India Finance Private Limited
Marcin Artur Trusz
Chief Risk Officer