Challenge Reward Policy

Last updated 18-04-2018

General

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the mobile application “Jetpack Joyride: India Exclusive” (“Application”) and more specifically, the terms and conditions with respect to the “Jetpack Joyride: India Exclusive” challenge(s) (“Challenge(s)”).

This Application is owned by Mech Mocha Game Studios Private Limited (hereafter referred to as, “Company"), a company incorporated under Indian laws, with its registered office at 3rd Floor, No.114 & 115, 27th Main Road, HSR 2nd Sector, Bangalore, Karnataka, 560102 and the IP of Jetpack Joyride has been licensed from Halfbrick Studios Pty Ltd exclusively for the region of India

The Company’s (“Our”, “Us”, “We”, “Mech Mocha”) Application comes as a medium for playing mobile application games (“Services”).

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Application or agree to take part in the Challenge(s) through this Application.

These terms and conditions (“Terms of Use”) shall only govern your access to and use of the Application and the Challenge(s) being hosted on the Application and shall be in addition to the terms of use available on http://mechmocha.com/terms_and_conditions.html (“MM Terms of Use”).

Services however accessed, as well as any and all information of whatever kind and nature appearing on the Application or otherwise available through the Services. Please read these Terms of Service in addition to the MM Terms of Use carefully before using the Application and/or the Challenge(s); your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms of Use in addition to the MM Terms of Use. By downloading and installing the Application, accessing the website of the Company or using the Services in any way, you agree to and are hereby bound by these Terms of Use in addition to the MM Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use the Services, or access them through the or Application. Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services or capabilities, are subject to these Terms of Use.

We may, in our sole discretion, make changes to these Terms of Use, from time to time with or without notice to you. Each time changes are made to these Terms of Use, a revised version of these Terms of Use, will be posted in the Application. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version. Furthermore, we reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Services at any time.

These Terms of Use shall govern only your use of the Application (as defined herein) with respect to the Challenge(s) (as defined herein). These Terms of Use do not constitute the entire terms of use of the website and/or applications of the Company and are only an addition to the MM Terms of Use. The User shall not violate this Terms of Use and/or the MM Terms of Use.

Privacy Policy

We respect the privacy of others. Any information that you provide us through the Services is subject to Our Privacy Policy. Your use of the Services constitutes your consent to the collection and use of your certain information, as described in our Privacy Policy at http://mechmocha.com/privacy/

Member Registration/Eligibility

Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Applications and be eligible to take part in the Challenge(s). In the event a User, is not competent to contract under the Indian Contract Act, the authorised legal representative of such incompetent User shall agree to these Terms of Use and the MM Terms of Use. Persons who are competent to contract would mean and include every person who, (i) is of sound mind; and (i) not disqualified from contracting by any law for the time being in force in India.

The User shall complete in-game challenges (“Challenges”) to be eligible to be placed on the in-game leader-board (“Leader-Board”). The User(s) shall be ranked on the Leader-Board based on Challenge Rules.

When You sign up on Application, Your personal information may be registered automatically in Our database which will be maintained and used by us in accordance with the Privacy Policy.

Duration of the Challenge(s)

The duration of the Challenges shall be determined by the Company in its sole discretion and shall be accessible to the User via the Application. However, the Company may modify and/or discontinue the Challenge(s) in its sole discretion. Further provided that, the Company shall not be liable to inform You, the User in event of any modification to the terms of any Challenge or these Terms of Use.

Determination of Winner(s)

The winner(s) of the Challenge(s) shall be determined on their standings on the Leader-Board and on the basis of criterions that may be notified to the Users by the Company via the Application. The Company reserves the right to disqualify the User from the Challenge(s) in the event of the violation of these Terms of Use and/or the MM Terms of Use. Irrespective of the number of devices registered by the participant, one person is eligible for only one reward per challenge.

Prizes for Winners of the Challenge(s)

The winner(s) of the Challenge(s) shall be eligible to receive the following prizes (“Prizes”):

  1. Jetpack Joyride and/or Mech Mocha Merchandise
  2. Coupons redeemable on third party websites and/or applications (such coupons may have additional terms and conditions, which may be over and above these Terms of Use and/or MM Terms of Use);
  3. In game currency.

Further provided that, the Company may change the Prizes at its sole discretion, and shall in no way be liable to the User, in any manner, for such change in the Prizes.

Additionally, the User shall not be entitled to receive any Prize, including but not limited to cash, other than the Prize(s) that may the Company, in its sole discretion may decide, to award the to the winners of the Challenge(s).

The Company shall, on a best effort basis, endeavour to deliver the prizes to the winner(s) of the Challenge(s), however the Company shall in no way be liable to the winner(s) of the Challenge(s) for any delay in the receipt of the Prize(s). Additionally, the Company shall not be liable to exchange, return and/or refund any Prize(s) to the User.

Information to be provided by the User.

The User shall provide the Company the following information within 3 days to be eligible to receive the Prizes from the Challenge via the form available in the Application:

  1. Name
  2. Email Address
  3. Shipment Address
  4. Mobile Number
  5. Age

The User shall ensure that he/she does not provide any information that is untrue, inaccurate, not current or incomplete, so as to be enable the Company to send the User the prize(s) in event of User wins any Prize in the Challenge(s).

Indemnity and Limitation of Liability of the Company

You agree to indemnify, defend and hold harmless the Company and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Application and Your participation in the Challenge(s) and the Prizes, including without limitation any obligation to be performed by You pursuant to these Terms of Use and/or the MM Terms of Use. Further, You agree to hold the Company harmless against any claims made by any third party due to or arising out of or otherwise relating to Your use of the Application or Your participation in the Challenge(s), any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold the Company harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Use and/or the MM Terms of Use.

The Company shall not be liable for any losses that may be caused to You, including but not limited to Your failure to receive Prizes that You may have been eligible to receive by Your participation in the Challenge(s).

In event of You winning a prize in the Challenge(s), the Company shall make a reasonable effort to contact You on the basis of the information provided by You. In the event of the failure of the Company to contact You, the Company may in its sole discretion forfeit the Prize that you were entitled to receive by Your participation in the Challenge(s).

Entry Conditions and Release

Each entrant (and, if you are an individual under 18 years of age, your parents or legal guardians) agrees to: (a) comply with and be bound by these Terms of Use and MM Terms of Use and the decisions of the Company which are binding and final in all matters relating to this Challenge(s); (b) defend, indemnify, release and hold harmless the Company and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Challenge(s), and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Challenge(s), acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winners acknowledge that all prizes are awarded as-is without warranty of any kind. If you are a person below 18 years of age, your parents or legal guardians further agree to indemnify each of the Released Parties from any claims, costs, injuries, losses, or damages described in the preceding paragraph which may be suffered by you.

Publicity

Except where prohibited or restricted by law, upon the Company selecting the winner(s), it shall constitute the winner’s agreement and consent for the Company and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Challenge(s) or the Company, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of the Company, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

Interpretation

Headings are for convenience only and shall not be used to construe the terms of these Terms of Use and/or the terms of use available on MM Terms of Use. If any term of this Terms of Use and/or the terms of use available on MM Terms of Use, is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms of Use and/or the terms of use available on MM Terms of Use. No failure or delay by Us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.

Waiver

Any failure on Our part to exercise any provision or right under these Terms of Use and/or the terms of use available on MM Terms of Use, shall not constitute a waiver by Us of that provision or right.

Governing law

These Terms of Use shall be governed by the laws of India, without regard to principles of conflicts of law.

Disputes

Any action arising out of or relating to these Terms of Use or Your use of the Services must be commenced in the local or high courts located in Bangalore (and You consent to the jurisdiction of those courts).

Contact Information

If You have any questions or concerns with respect to this Terms of Use or the Application or the Challenge(s) or any information contained on thereon, You may contact Us by writing to Us at jetpacksupport@mechmocha.com