Contest
Conditions:
Before I submit my contest entry, I agree and attest that:
1. I have supplied truthful and accurate information in the submission
form.
2. The material that I have submitted is mine, I have exclusive
rights to the material, and the material is original to me.
3. I understand that the copy of the article that I have submitted
will not be returned to me, and I have retained a copy for my own
use.
4. I have read and understand the rules and intentions of the contest.
5. I agree to hold Make My Trip.com and Smart Information Worldwide
harmless from and defend them against all claims, demands, losses,
costs, damages, judgments, liabilities, and expenses (including
attorney's fees) arising out of or in connection with any and all
claims or third parties, whether or not groundless, based on any
ideas, plots or characters submitted to the Contest.
Release Terms:
To the representatives of Make My Trip and Smart Information Worldwide:
I am submitting to you herewith and under the terms and conditions
stated herein my article submission (hereinafter referred to as
the "Article").
1. I acknowledge that you receive numerous solicited and unsolicited
submissions of ideas, formats, stories, suggestions and the like,
and that many such submissions heretofore or hereafter received
by you are similar to or identical to those developed by you or
your employees or to those otherwise available to you. Further,
I acknowledge that you have adopted the policy, with respect to
unsolicited submission of material, of refusing to accept, consider
or review such material unless the person submitting such material
has accepted and acknowledged an agreement in form substantially
the same as this. Accordingly, I acknowledge that you would refuse
to accept, consider or otherwise review the Article in the absence
of my acceptance of each and all provisions of this agreement ("Agreement").
I acknowledge that no fiduciary or confidential relationship now
exists between you and me, and I further acknowledge that no such
relationships are established between you and me by reason of this
Agreement or by reason of my submission to you of the Article.
2. I acknowledge that you have no obligations to me except as in
this Agreement set forth, and that no other obligations exist or
shall exist or shall be deemed to exist. I further acknowledge that
at this time you have no intent to compensate me in anyway and I
have no expectation of receiving any compensation.
3. I warrant that I am the sole owner and author of the Article
and that I have full right to submit it to you upon the terms and
conditions stated herein. I will indemnify you from and against
any and all claims, expenses, losses or liabilities (including reasonable
attorney's fees) that may be asserted against you or incurred by
you, at any time, in connection with the Article or any use thereof,
arising from any breach or alleged breach of these warranties.
5. I acknowledge that materials developed by you may contain similarities
to the Article. I hereby waive and agree that I will never make
any claim or demand or bring any action against you in connection
with the use of the Article. In this connection, I hereby release
and absolutely and forever discharge you of and from any and all
claims, damages, legal fees, costs, expenses, debts, actions and
causes of action of every kind and nature whatsoever, whether now
known or unknown, suspected or unsuspected, asserted or unasserted,
which I now have, or at any time heretofore ever had or which I
may have in the future, against you which in any way arise out of
or in connection with the Article.
7. Any dispute concerning this Agreement, including, without limitation,
the validity or effect of this Agreement shall be litigated in the
courts located in the County of Austin, State of Texas, and both
parties consent to the jurisdiction and venue of such courts, and
agree not to initiate any action against the other elsewhere. At
your sole election, any such dispute may be submitted to arbitration
in the County of Austin, State of Texas, in accordance with the
rules and regulations of the American Arbitration Association then
in effect, provided that said arbitration shall be heard before
a single arbitrator, selected pursuant to said rules and regulations.
Said arbitrator shall be well acquainted with the entertainment
business in the County of Austin. The arbitrator's decision shall
be controlled by the terms and conditions of this Agreement and
shall be final and binding. Judgment upon the award of the arbitrator
may be enforced in any court of competent jurisdiction. The prevailing
party shall be entitled to recover from the losing party, in addition
to all other relief to which it may be entitled, its costs and expenses,
including, without limitation, actual attorney's fees and the costs
of expert witnesses. In the event of any dispute concerning this
Agreement, my sole remedy shall be to seek damages and in no event
shall I be entitled to seek injunctive or other equitable relief
or undertake any legal efforts to restrict the exploitation of the
Article.
8. I will own all rights to my work as sent to MakeMyTrip.com and
Smart Information Worldwide, Inc. I agree that in case my entry
is judged to be one of the three winners and I receive the award,
ANY AND ALL RIGHTS IN PERPETUITY to the story concept will be owned
by Makemytrip.com and Smart Information Worldwide, Inc. The contest
organizers reserve the right to modify the submission and enable
for it to be produced in any form or manner.
9. I understand that Makemytrip.com and Smart Information Worldwide
are not responsible for events beyond their control that may cause
the Contest to be cancelled. I will also not hold them responsible
for any losses, or damages of any kind arising in connection with
or as a result of acceptance of prize or from participation in the
Contest.
10. I understand that if I win the Contest, Smart Information Worldwide,
Inc. will publish my Article on its Web site. The Article may be
modified to the extent necessary for the Web site and such modifications
will not be objected to. However credit will be given to me for
the original Article.
11. I understand that by submitting my article to the Contest,
I agree to abide by the General Terms
and Conditions of Contribution on Sulekha.com.
12. Smart Information Worldwide, Inc. will publish non-winning
Articles. Sulekha has the right to publish non-winning finalists.
13. I acknowledge that Smart Information Worldwide, Inc. will log
all entries in a registry. I also understand that the contest organizers
will not be responsible for any infringement of copyrights of the
participants by a third party. I agree to indemnify Makemytrip.com
and Smart Information Worldwide, Inc. against any such claims.
14. I will not hold Makemytrip.com or Smart Information Worldwide,
Inc. responsible for unsuccessful efforts to notify me as the winner
in the event that I provide a wrong postal address or email address
or phone number or that I do not check the Web site http://www.sulekha.com/traveloguecontest
for information about the Contest. I also understand that if I do
not claim the prize within 1 week, the prize will be forfeited and
an alternate winner will be selected.
15. I understand and agree that Makemytrip.com and Smart Information
Worldwide reserve the right to publish the entries -- winning and
non-winning -- on their Web sites, Makemytrip.com and Sulekha.com
respectively for review and rating.
16. I understand and agree that Makemytrip.com and Smart Information
Worldwide reserve the right to publish the entries -- winning and
non-winning -- in print if and when the opportunity arises.
17. I have retained a copy of the Article, and I release you from
any liability for loss or other damage to the copy or copies submitted
by me. I understand that your returning the Article to me shall
not terminate or affect any rights or obligations under this Agreement.
You shall have the right, but not the obligation, to retain a photocopy
of the Article for your files.
18. The word "you" or "your" in this Agreement
refers to Makemytrip.com and Smart Information Worldwide, Inc.,
and any parent company, any company affiliated with it by common
stock ownership or otherwise, its subsidiaries, subsidiaries of
such affiliates, any person, corporation, or entity to which it
is associated with, or for which it acts as a distributor or furnishes
financing, and the officers, agents, servants, employees, stockholders,
licensees, successors and assigns of it, including, without limitation
and all persons, corporations, and entities referred to in this
paragraph. If said material is submitted by more than one person,
the word "I" shall be deemed changed to "we"
(and the corresponding verb changed to the first person plural),
and this Agreement will be binding jointly and severally upon all
such persons.
19. Any provision or part of any provision which is void or unenforceable
shall be deemed omitted, and this Agreement with such provision
or part thereof omitted shall remain in full force and effect. This
Agreement shall at times be construed so as to carry out the purposes
stated herein.
20. This Agreement may not be changed, modified, terminated or
discharged except in writing signed by both you and me. This Agreement,
regardless of where executed or performed, shall be governed by,
construed and enforced in accordance with the laws of the State
of Texas applicable to agreements executed and to be wholly performed
therein.
21. I hereby state that I have read and understand this Agreement;
that no oral representations of any kind have been made to me; that
there are no prior or contemporaneous oral agreements in effect
between us pertaining to said material; and that this Agreement
states our entire understanding.
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