Terms & Conditions for Great Kerala Festival

1. General Eligibility and Participation

Eligibility: The Program is open exclusively to citizens of India who are 18 years of age or older

Exclusions: This Program is not open to employees of GKF or any of its subsidiaries, affiliates, advisors, advertising/contest agencies, authorized dealers, distributors, retailers, or other channel partners, or their immediate families.

Offer Applicability: The Program and its offers are valid only for individual customers within the state of Kerala.

Consent to Terms: By participating, you fully and unconditionally agree to these Terms and Conditions. GKF reserves the right to disqualify any individual at any time who is subject to a criminal investigation, has a criminal record or conviction, or is found to be non-compliant with these terms.

Entry Requirements: Your entry must be complete and not be submitted using any fraudulent, robotic, automatic, or programmed methods. Any such entry will be considered void. In case of a dispute over entries from a single email account, mobile number the authorized account subscriber will be deemed the Participant.

Verification: GKF reserves the right to verify the winner's eligibility at its sole discretion, including requesting documentary evidence like age and address proof. Failure to provide satisfactory evidence will result in disqualification.

Billing Address: All Participants must have a billing address located within the territory of kerala.

2. Gift and Prize Details

Illustrative Images: Images or descriptions of prizes used in any promotional materials are for illustrative purposes only. The actual brand, model, color, or other specifications of the prize may vary based on availability at the time of delivery. GKF is not obligated to provide the exact item shown.

Vendor Responsibility: All gifts and offers provided by onboarded vendors are the sole responsibility of the respective vendor. GKF is not liable for any claims, issues, or disputes related to these vendor-provided items. These terms have been clearly communicated to and digitally consented to by each vendor during the onboarding process.

Warranties and Claims: Prizes are subject to the standard manufacturer's warranty. GKF is not liable for any defects, damages, or warranty claims. Any post-delivery issues must be handled directly between the Winner and the product manufacturer's service center.

3. Redemption and Delivery

• Redemption and Verification The prize must be redeemed by the winner in person or through a pre-approved representative within forty-eight (48) hours from the official announcement. To ensure authenticity, the winner or their representative must verify their mobile number or email ID with GKF or the vendor at the time of redemption. All offers, discounts, and gifts provided by vendors are valid only for the duration of the Great Kerala Festival campaign. Customers cannot claim these offers beyond the official festival period. The validity of each offer, along with its fulfillment and all related terms, is the sole responsibility of the vendor. GKF is not liable for any issues, claims, or disputes that arise from a vendor's failure to honor their offer outside the specified festival period. Forfeiture Failure to complete the redemption process within the specified timeframe will result in the forfeiture of the prize. In such a case, GKF bears no liability to the winner. The forfeited prize may be reallocated at GKF's sole discretion.

Viewing Prizes: The gift can be viewed by the Winner at the time of scratching.

Collection and Logistics: All prizes will be consolidated at designated city distribution centers before being released. The distribution process will only begin once all prizes are secured at these locations. The delivery method, schedule, and location are at the sole discretion of the GKF organizing team.

Delivery Timeline: GKF will make reasonable efforts to deliver the prize within a minimum of 48 hours to a maximum of 60 days from the time of redemption, subject to stock availability, logistics, and supply chain conditions.

Required Documentation: To receive the prize, the Winner must provide valid government-issued identification (Photo ID, Address Proof, PAN Card & Aadhaar Card). The Winner must also complete and sign all required documentation, including a gift acknowledgment form. Failure to provide these documents will result in disqualification.

Inspection: The Winner is solely responsible for inspecting the gift at the time of collection to ensure it is in proper, working, and undamaged condition. Acceptance of the gift acknowledges its satisfactory condition. GKF is not responsible for any issues with the gift once it has been collected.

4. Privacy, Intellectual Property, and Liability

Personal Data: By participating, you consent to GKF collecting, holding, using, and transferring your personal data in accordance with its Privacy Policy, which may be updated. You agree that your data may be shared with GKF's affiliates or partners for the purposes of the Program. You acknowledge that you are providing this information voluntarily and absolve GKF from any liability for its misuse by a third party. Customer declares that they are in full compliance with all applicable telecom, data privacy, and legal regulations of the Government of India, and GKF shall not be held liable for any data breach or non-compliance by the customer. Furthermore, GKF reserves the right to approach relevant authorities, including but not limited to the Telecom Regulatory Authority of India (TRAI), the Ministry of Electronics and Information Technology (MeitY), or any other concerned government body, in case of any data breach, misuse of information, or regulatory non-compliance by the customer.

Intellectual Property: All materials submitted in connection with the Program, including any photographs, video, or audio recordings of Participants, become the exclusive property of GKF upon submission. You grant GKF the perpetual, royalty-free right to use your name, photograph, and other media in any media for promotional and marketing purposes without further compensation.

Indemnity: You agree to indemnify and hold harmless GKF, its directors, officers, employees, and affiliates from any liability, loss, claim, or expense directly or indirectly related to your breach of this agreement or your providing details to GKF

Limitation of Liability: GKF is not liable for any claims, costs, injuries, losses, or damages of any kind arising from or in connection with this Program, or from the acceptance, possession, or use of any prize. This includes, but is not limited to, issues caused by network breakdowns, service interruptions, or other factors beyond GKF’s control.

5. General Provisions

Final Decision: The decision of GKF on all matters related to the Program is final and no correspondence or complaints will be entertained.

No Agency: None of these terms shall be deemed to constitute a partnership or agency relationship between GKF and any Participant.

Applicable Law: The Program is governed by Indian law. All disputes are subject to the exclusive jurisdiction of the courts of Kerala, Ernakulam.

Amendments: GKF reserves the right to cancel or amend the Program and these Terms and Conditions without notice in the event of unforeseen circumstances, including but not limited to, war, natural disaster, or any act of God.

Disclaimer: The GKF platform is provided "as is" and "as available." GKF makes no warranties, express or implied, regarding the platform's reliability, uptime, security, or fitness for a particular purpose.

Limitation of Liability: To the maximum extent permitted by law, GKF shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising from a customer's participation in the Great Kerala Festival.

Indemnification: The customer agrees to indemnify, defend, and hold GKF harmless from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising from or in connection with: (a) the Vendor's products, services, or offers; (b) the Vendor's breach of these Terms, including but not limited to the unauthorized use of GKF’s intellectual property; or (c) the Vendor's violation of any applicable law or regulation.

Right to Claim Compensation: In the event of a breach of contract by the customer, GKF reserves the right to claim compensation and take appropriate legal action to recover damages to its name and goodwill.

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be first resolved amicably through negotiations. If a resolution cannot be reached, the dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Kochi, Kerala. The arbitrator shall be a sole arbitrator, and GKF shall have the sole right to appoint the arbitrator.

Official Communication: All official communications regarding the Event must be conducted through the designated email address, enquiry@greatkeralafestival.com. GKF will only address and respond to communications received from and sent to this official email address

1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") govern the registration and participation of vendors ("Vendor," "You") in the "Great Kerala Festival," a campaign organized by GREAT FESTIVAL MOMENTS LLP, which is currently represented by DTM PERFORMANCE STRATEGIES PRIVATE LIMITED ("GKF," "We," "Us"). By registering as a vendor and participating in the campaign, you agree to be bound by these Terms and any future updates. If you do not agree to these Terms, you may not register or participate in the Festival.

2. REGISTRATION AND VENDOR STATUS

2.1. Free Registration: Registration as a vendor for the Great Kerala Festival is offered free of cost. There are no registration fees, subscription charges, or hidden costs for being listed as a participating vendor on the GKF platform during the specified campaign period.

2.2. Eligibility: GKF reserves the sole and absolute right to approve or reject any vendor registration application for any reason, without obligation to provide justification. Approval of a registration does not constitute an endorsement of the vendor's products or services.

2.3. No Partnership: The relationship between GKF and the Vendor is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the Parties.

2.4. Paid Registration: Registration as a vendor for the Great Kerala Festival is a paid service. The available packages and associated fees are specified by GKF.

2.5. Eligibility: GKF reserves the sole and absolute right to approve or reject any vendor registration application for any reason, without obligation to provide justification. Approval of a registration does not constitute an endorsement of the vendor's products or services.

2.6. No Partnership: The relationship between GKF and the Vendor is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the Parties.

2.7. No Refund: All payments made by the Vendor for registration and participation are nonrefundable.

3. USE OF THE GKF PLATFORM AND ASSETS

3.1. Campaign Period and Services : The Vendor's participation is limited to the period determined and planned by GKF. GKF reserves the sole and absolute right to modify, extend, or terminate the campaign period at its discretion, and all such changes will be communicated to the Vendor or by public notice. In the event GKF decides to cancel the campaign, all services associated with the campaign will be automatically discontinued.

3.2. Use of QR Code: Upon successful registration, GKF will provide the Vendor with a unique QR code. The Vendor is granted a non-exclusive, revocable, and non-transferable license to use this QR code solely for the purpose of the Great Kerala Festival. The Vendor may print and display this QR code at their physical store locations and on their digital platforms to promote their offers.

3.3. Compliance with Plans: The Vendor can only use the facilities and platforms provided by GKF as per the plans and guidelines already established and communicated by GKF. Any use outside of these predefined plans is strictly prohibited and may result in the immediate termination of the Vendor's participation.

4. VENDOR'S RESPONSIBILITIES AND OBLIGATIONS

4.1. Accuracy of Information: The Vendor is solely responsible for providing accurate, complete, and up-to-date information during the registration process and throughout their participation.

4.2. Legality and Quality of Offers: The Vendor assumes full and exclusive responsibility for the legality, quality, safety, and fulfillment of all products, services, or offers they promote in connection with the Great Kerala Festival. The Vendor must ensure that all offers are genuine, free from defects, and honored as promised. Any discretion in fulfilling offers as per their communicated terms shall be the sole responsibility of the Vendor.

Offer Validity: All offers, discounts, and gifts provided by vendors are valid only for the duration of the Great Kerala Festival campaign. Customers cannot claim these offers beyond the official festival period. The validity of each offer, along with its fulfillment and all related terms, is the sole responsibility of the vendor. GKF is not liable for any issues, claims, or disputes that arise from a vendor's failure to honor their offer outside the specified festival period. make the vice versa for vendors

Your Responsibility: While you are solely responsible for the fulfillment of your offers during the festival period, GKF is not liable for any issues, claims, or disputes that may arise from a customer's attempt to claim your offer outside the specified festival period. You reserve the right to decline any such claims

4.3. Gift-Related Issues: GKF shall have no authority and bears no liability for any issues related to gifts, discounts, coupons, products, or services offered by the Vendor to consumers. All claims, disputes, or grievances arising from such offers are the sole responsibility of the Vendor to resolve directly with the consumer.

4.4. Compliance with Laws: The Vendor must comply with all applicable local, state, and national laws and regulations, including but not limited to consumer protection laws, tax laws, and laws governing advertising and promotional activities. The Vendor shall be solely responsible for any legal issues arising from the misuse of QR codes or any other materials provided to them, or any breach of the Consumer Protection Act, Sale of Goods Act, or Indian Contract Act, 1872.

4.5. Review and Agreement to Services: The Vendor shall carefully read and agree to the services offered and the terms of their participation in the Great Kerala Festival. No claims or disputes regarding the services or terms will be acceptable by GKF after the Vendor's registration has been completed.

4.6. Digital Assets and Software: Digital copies of danglers and notices will be provided to the Vendor subject to separate design charges. Any software provided by GKF for the purpose of the Event is free to use during the campaign period but can be withdrawn at any time without prior notice by GKF.

5. GKF'S RIGHTS AND RESPONSIBILITIES

5.1. Platform Provision: GKF's role is limited to providing the platform and framework for the Great Kerala Festival. GKF does not guarantee the number of customers, sales, or any specific results from a Vendor's participation

5.2. Right to Monitor and Remove: GKF reserves the right to monitor the Vendor’s activities and the nature of their offers. GKF may, at its sole discretion, remove any Vendor from the platform for any reason, including but not limited to, a breach of these Terms, non-compliance with GKF's guidelines, or engagement in deceptive or fraudulent practices.

5.3. Modifications: GKF reserves the right to modify, suspend, or terminate the Great Kerala Festival, its platform, or any part thereof, at any time without prior notice.

6. INTELLECTUAL PROPERTY

6.1. GKF's IP: All intellectual property rights related to the Great Kerala Festival, including its name, logos, platform, and promotional materials, belong exclusively to GKF.

6.2. License to GKF: By registering, the Vendor grants GKF a limited, non-exclusive, royaltyfree license to use the Vendor's name, logo, and brand identity solely for the purpose of promoting the Vendor's participation in the Great Kerala Festival.

6.3. Unauthorized Use of GKF Assets: Any replication, reuse, copying, or unauthorized sharing of GKF's products, designs, or any other property by the Vendor is strictly prohibited. In the event of such a breach, GKF shall have the right to claim any amount of compensation from the Vendor and initiate legal proceedings to recover damages to its intellectual property and goodwill.

7. MARKETING AND DATA PRIVACY

7.1. Target Audience and Performance: The marketing campaigns conducted by GKF are subject to the policies of various advertising platforms (e.g., Meta, Google) and their adresponse algorithms. Therefore, the specific demographics or volume of customers reached may vary and are not guaranteed by GKF. The number of committed coupons or gifts may be increased at the discretion of the Vendor, subject to the performance and customer attraction of the Vendor’s offer.

7.2. Data Privacy: The Vendor is solely and exclusively responsible for all data privacy and protection measures concerning any customer data they collect. GKF is a digital marketing partner and does not collect or store any consumer data on behalf of the Vendor. By agreeing to these terms, the Vendor declares that they are in full compliance with all applicable telecom, data privacy, and legal regulations of the Government of India, and GKF shall not be held liable for any data breach or non-compliance by the Vendor. Furthermore, GKF reserves the right to approach relevant authorities, including but not limited to the Telecom Regulatory Authority of India (TRAI), the Ministry of Electronics and Information Technology (MeitY), or any other concerned government body, in case of any data breach, misuse of information, or regulatory non-compliance by the Vendor.

8. LIMITATION OF LIABILITY AND INDEMNIFICATION

8.1. Disclaimer: The GKF platform is provided "as is" and "as available." GKF makes no warranties, express or implied, regarding the platform's reliability, uptime, security, or fitness for a particular purpose.

8.2. Limitation of Liability: To the maximum extent permitted by law, GKF shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising from a Vendor's participation in the Great Kerala Festival.

8.3. Indemnification: The Vendor agrees to indemnify, defend, and hold GKF harmless from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising from or in connection with: (a) the Vendor's products, services, or offers; (b) the Vendor's breach of these Terms, including but not limited to the unauthorized use of GKF’s intellectual property; or (c) the Vendor's violation of any applicable law or regulation.

8.4. Right to Claim Compensation: In the event of a breach of contract by the Vendor, GKF reserves the right to claim compensation and take appropriate legal action to recover damages to its name and goodwill.

9. GOVERNING LAW AND DISPUTE RESOLUTION

10. TERMINATION

10.1. By GKF: GKF may terminate a Vendor’s participation at any time, with or without cause, by providing written notice.

10.2. By Vendor: The Vendor may terminate their participation at any time by providing written notice to GKF. All obligations incurred prior to the termination date will remain in effect.

11. COMMUNICATION

11.1. Official Communication: All official communications regarding the Event must be conducted through the designated email address, enquiry@greatkeralafestival.com. GKF will only address and respond to communications received from and sent to this official email address.

BY REGISTERING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

This document ("Terms") outlines the rules and responsibilities for individuals participating as a "Vyapari Star" in the Great Kerala Festival campaign. By registering as a Vyapari Star, you agree to these Terms. If you do not agree, do not register or participate. The Great Kerala Festival is organized by GREAT FESTIVAL MOMENTS LLP, currently represented by DTM PERFORMANCE STRATEGIES PRIVATE LIMITED ("GKF," "We," "Us").

1. ELIGIBILITY AND REGISTRATION

1.1. Vyapari Star Role: A "Vyapari Star" is an individual who registers with GKF to onboard vendors across Kerala for the Great Kerala Festival campaign

1.2. Eligibility: To register as a Vyapari Star, you must be a citizen of India, a resident of the territory of Kerala, and have a valid address in Kerala. GKF reserves the right to verify this information at any time.

1.3. Independent Contractor: The relationship between GKF and a Vyapari Star is that of an independent contractor. This is not an employment, partnership, or agency relationship. You are solely responsible for all tax and legal obligations related to your status.

2. RESPONSIBILITIES AND OBLIGATIONS

2.1. Onboarding Process: As a Vyapari Star, your primary responsibility is to onboard vendors for the campaign. GKF will provide you with a unique link for this purpose.

2.2. Successful Onboarding: A vendor onboarding is considered successful only after the following steps are completed: • You onboard the vendor using the unique link provided by GKF. • The vendor makes a paid registration. • You assist the vendor in printing the provided QR code and displaying it at their store. • You take a clear photograph of the QR code displayed in the store. • The photograph is submitted to and verified by the GKF team

2.3. Timeliness and Accuracy: You are responsible for ensuring all information provided during the onboarding process is accurate. All photos and data must be submitted in a timely manner as required by GKF.

3. REMUNERATION AND PRIZES

3.1. Commission: You will receive a 1% commission for each successfully onboarded paid vendor. • Payment: Commission payments will be made via bank transfer within 3 to 10 days from the date GKF confirms a successful onboarding and verification. • Tax Deduction: All commission payments are subject to applicable tax deductions,

3.2. Prize Money: GKF will award prize money to top-performing Vyapari Stars: • District-Level Prize: ₹10,000 for the top 10 Vyapari Star in each district. • State-Level Prize: ₹1,00,000 for the top 1 Vyapari Star at the state level.

3.3. Winner Selection: Winners will be identified based on backend verification and data, ensuring the selection is based on performance and not a random draw. • Announcement: The final verification will be completed on September 30th at midnight, and the winners will be officially declared on October 1st before 2 PM. • Prize Distribution: Prize money will be distributed within 10 days of the official declaration. All prize money is subject to tax deductions and will be paid via bank transfer only

4. GKF'S RIGHTS AND RESPONSIBILITIES

4.1. Right to Verify and Monitor: GKF reserves the right to verify the accuracy of all information and photos you submit. We may monitor your activities and may remove you from the program at our sole discretion for any reason, including a breach of these Terms.

4.2. Provision of Tools: GKF will provide the unique registration link and the necessary QR codes for the campaign.

4.3. No Liability: GKF is not responsible for any claims, disputes, or liabilities arising from your activities or your relationship with vendors.

5. LIMITATION OF LIABILITY AND INDEMNIFICATION

5.1. Disclaimer of Warranties: The GKF platform and services are provided "as is" and "as available." GKF makes no warranties, express or implied, regarding the platform's reliability, performance, or security

5.2. Limitation of Liability: To the maximum extent permitted by law, GKF shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising from your participation as a Vyapari Star.

5.3. Indemnification: You agree to indemnify, defend, and hold GKF harmless from and against any and all claims, liabilities, damages, and expenses (including legal fees) arising from or in connection with your breach of these Terms or your violation of any applicable law or regulation.

6. GOVERNING LAW AND DISPUTE RESOLUTION

6.1. Governing Law: These Terms are governed by and construed in accordance with the laws of India.

6.2. Dispute Resolution: Any dispute arising from these Terms shall first be resolved amicably through negotiations. If a resolution cannot be reached, the dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Kochi, Kerala. The arbitrator shall be a sole arbitrator, and GKF shall have the sole right to appoint the arbitrator.

7. GENERAL PROVISIONS

7.1. Intellectual Property: All intellectual property rights related to the Great Kerala Festival, including logos and campaign materials, belong exclusively to GKF. You are granted a limited, non-transferable license to use GKF's materials solely for the purpose of onboarding vendors for this campaign. You may not use GKF's branding or intellectual property for any other personal or commercial purpose without explicit written consent from GKF

7.2. Communication: All official communication must be conducted via email at the designated address provided by GKF. – enquiries@greatkeralafestival.com

BY REGISTERING AS A VYAPARI STAR, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

TERMS AND CONDITIONS FOR GREAT ONAM STAR

This document ("Terms") outlines the rules and responsibilities for individuals participating as a "Great Onam Star" in the Great Kerala Festival campaign. By registering as an Onam Star, you agree to these Terms. If you do not agree, do not register or participate. The Great Kerala Festival is organized by GREAT FESTIVAL MOMENTS LLP, currently represented by DTM PERFORMANCE STRATEGIES PRIVATE LIMITED ("GKF," "We," "Us").

1. ELIGIBILITY AND REGISTRATION

1.1. Onam Star Role: A "Great Onam Star" is an individual who registers with GKF to onboard customers for the Great Kerala Festival campaign.

1.2. Eligibility: To register as an Onam Star, you must be a citizen of India and a resident of the territory of Kerala with a valid Kerala address. GKF reserves the right to verify this information at any time.

1.3. Independent Contractor: The relationship between GKF and a Great Onam Star is that of an independent contractor. This is not an employment, partnership, or agency relationship. You are solely responsible for all tax and legal obligations related to your status.

2. RESPONSIBILITIES AND OBLIGATIONS

2.1. Onboarding Process: As a Great Onam Star, your primary responsibility is to onboard customers for the campaign. GKF will provide you with a unique link for this purpose.

2.2. Successful Onboarding: A customer onboarding is considered successful only when an individual uses your unique link to register as a participant in the campaign.

2.3. Timeliness and Accuracy: You are responsible for ensuring all information provided during the onboarding process is accurate. All data must be submitted in a timely manner as required by GKF

3. REMUNERATION AND PRIZES

3.1. Commission: There will be no commission for customer additions.

3.2. Prize Money: GKF will award prize money to top-performing Onam Stars

• District-Level Prize: ₹10,000 for the top 1 Onam Star in each district.

• State-Level Prize: ₹1,00,000 for the top 1 Onam Star in Kerala.

3.3. Winner Selection: Winners will be identified based on backend verification and data, ensuring the selection is based on performance and not a random draw

Announcement: The final verification will be completed on September 30th at midnight, and the winners will be officially declared on October 1st before 2 PM.

Prize Distribution: Prize money will be distributed within 10 days of the official declaration. All prize money is subject to tax deductions and will be paid via bank transfer only

4. GKF'S RIGHTS AND RESPONSIBILITIES

4.1. Right to Verify and Monitor: GKF reserves the right to verify the accuracy of all data you submit. We may monitor your activities and may remove you from the program at our sole discretion for any reason, including a breach of these Terms.

4.2. Provision of Tools: GKF will provide the unique registration link and other necessary tools for the campaign.

4.3. No Liability: GKF is not responsible for any claims, disputes, or liabilities arising from your activities or your relationship with customers.

5. LIMITATION OF LIABILITY AND INDEMNIFICATION

6. GOVERNING LAW AND DISPUTE RESOLUTION

6.1. Governing Law: These Terms are governed by and construed in accordance with the laws of India.

7. GENERAL PROVISIONS

7.1. Intellectual Property: All intellectual property rights related to the Great Kerala Festival, including logos and campaign materials, belong exclusively to GKF. You are granted a limited, non-transferable license to use GKF's materials solely for the purpose of onboarding customers for this campaign. You may not use GKF's branding or intellectual property for any other personal or commercial purpose without explicit written consent from GKF.

7.2. Communication: All official communication must be conducted via email at the designated address provided by GKF - enquiries@greatkeralafestival.com