Motoreel Spotlight
Terms and Conditions
1. By clicking the checkbox [which references these terms and conditions] on the registration page available at this link you agree that you may participate in the “Motoreel Spotlight” contest (“Contest”), scheduled to take place between 10th October 2024 at 10 AM (“Opening Date”) and 25th October 2024 at 10 PM[EML Legal1] (“Closing Date”), and further, you agree that you have read and understood these terms and conditions that govern this Contest, and agree to be bound by the same.
2. Eicher Motors Limited, located at 3rd Floor, Select Citywalk, A-3, District Centre, Saket, New Delhi, 110 017, India (“EML”/ “Royal Enfield”) is organising the Contest wherein participants will compete with each other, as per the terms of the Contest, before the final winners are chosen from amongst them. This Contest is in no way partnered, sponsored, endorsed or administered by, or associated with, Instagram.
3. To participate in the Contest, you must write down your best story, based on experience, about a ride, a custom build, a race, a rally, or any experience of pure motorcycling (“Content”), and send the same to us in accordance with Clause 4 below, on or before the Closing Date.
4. You must submit your Content through the form, available at Motoreel page.
5. All Contest entries received after the Closing Date are automatically disqualified.
6. The Contest is open to residents of India only, who are aged 18 or above. Employees of Eicher Motors Limited and its affiliates, subsidiaries, and their immediate families are not eligible to participate. Contents from all these countries will be pooled together to determine the global winner(s) and/or runner(s) up.
7. No purchase is necessary for participating in the Contest and it is open to eligible persons, including those who have not purchased Royal Enfield products in the past.
8. Royal Enfield shall not charge any amount for participation in the Contest and the criterion for participation shall be as set out in these terms and conditions.
9. There is a limit of one entry/Content per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
10. You agree that you are responsible for providing your Contest entry /Content to Royal Enfield in the manner described in these terms and conditions, and Royal Enfield will not be responsible for Content that are lost, mislaid, damaged, or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server,
computer hardware or software failure of any kind.
11. You unconditionally, unequivocally, and irrevocably declare, acknowledge, agree, warrant and undertake as follows:
(i) that by participating in the Contest, you confirm that you are eligible to do so and eligible to claim the prize. Royal Enfield may require you to provide proof that you are eligible to enter the Contest;
(ii) that you shall be solely responsible for obtaining any permission, consent, license or approval required for creating the Content;
(iii) that Royal Enfield shall, at its sole discretion, be free to choose the winners of the Contest based on the Content submitted by the participants;
(iv) that Royal Enfield shall shortlist ten (10) participants based on the Content submitted by them till the Closing Date, and such shortlisted participants will be contacted by Royal Enfield for submitting a 20-second video introducing themselves;
(v) that Royal Enfield shall choose one (01) winner from the shortlisted candidates, based on the video submitted by them, in accordance with sub-clause 11(iv) above;
(vi) that the winner will be announced by Royal Enfield on or before 6th November 2024 (“Announcement Date”) through its social media handles across Facebook, Instagram and Twitter;
(vii) that the one (01) winner will get the following:
(a) a trip, sponsored by Royal Enfield, to Motoverse 2024 in Goa, India. The prize is limited to the Motoverse 2024 entry ticket, air travel from the airport closest to the winner’s location to Goa, India, and air travel back to the airport closest to the winner’s location, and accommodation as mentioned in the itinerary. All mentioned arrangements will be made by Royal Enfield at its sole discretion after receiving the necessary details from the winners as per the below-mentioned itinerary.
● Trip Itinerary:
1) Flight from the airport closest to the winner’s location to Goa, on 21st November 2024
2) Accommodation in Goa, from 21st to 24th November 2024.
3) Flight from Goa to the airport closest to the winner’s location, on 25th November 2024
● For the avoidance of doubt, the prize does not include travel insurance, meals, food and drink, personal expenses or any applicable tax. Any other costs incurred in addition to those set out above and that are incidental to the fulfilment of the prize are the sole responsibility of the winners. Moreover, note that Royal Enfield will not be responsible for any expenses associated with illness, accident, and/or any expenses derived from a major accident or act of God situation.
● You will be responsible for ensuring that you are available to travel and hold (where applicable) valid passports, any necessary visas and travel documents on the travel dates specified.
(b) An opportunity to narrate their winning story/Content at Motoreel, on any one (01) day during Motoverse 2024, as may be specified by Royal Enfield.
(viii) that there is no cash alternative to the stated prizes;
(ix) that the prizes are non-transferable and non-refundable. Royal Enfield reserves the right to substitute either any part of the prize or the whole prize for similar or such other prize as may be deemed fit by Royal Enfield acting reasonably;
(x) that, within ten (10) days of the Announcement Date, Royal Enfield will contact the winners through social media platforms, e-mail and/or by phone;
(xi) that you will submit all the details as per the requirements of Royal Enfield and within the reasonable timeframes, notified to you by Royal Enfield, in order to claim the prize;
(xii) that if the winner cannot be contacted through the details provided when submitting the Content or is not available, or has not claimed his/her prize within ten (10) days of the Announcement Date, Royal Enfield reserves the right to offer the prize to the next eligible entrant selected from the entries that were received before the Closing Date;
(xiii) notwithstanding anything contained herein, insofar as is permitted by applicable law, Royal Enfield, its affiliates, agents, and representatives will not be liable in any manner whatsoever, whether in contract, tort (including negligence), statute or any other cause of action, for any claims, losses, damage, costs of any nature or kind, expenses, fines, penalties, personal injury or death, in connection with or arising from this Contest, the redemption or use of the prizes, except where it is caused by the negligence of Royal Enfield, its agents or representatives or that of their employees. Your statutory rights are not affected; and
(xiv) that, subject to Clause 16 below, you expressly consent to the use of the information supplied by you, including self-portraits and required personal data, in any media for future promotional, marketing and publicity purposes without any further reference or payment or other compensation to you, by Royal Enfield.
12. By sharing/submitting the Content for participating in the Contest, and in consideration for entering into the Contest, you unconditionally, unequivocally, and irrevocably declare, acknowledge, agree, warrant and undertake as follows:
(i) that all Contest entries/Content and any accompanying material submitted by you will become the sole property of Royal Enfield upon submission and will not be returned;
(ii) that you hereby assign and transfer, absolutely and without any monetary or other compensation, to Royal Enfield all your rights, title, interest, copyrights and other intellectual property rights vested in the Content with full title guarantee, in and to your Content and otherwise arising in connection with your Content to which you may now or at any time in the future be entitled under the applicable law from time to time in force anywhere in the world;
(iii) that you will do all reasonable things and execute at the request of Royal Enfield, all documents that are necessary or desirable to secure the assignment/transfer of all rights, title, interest, copyrights and other intellectual property rights vested in the Content to Royal Enfield, including, but not limited to, sign any document as required by law;
(iv) you will not file, and/or cause any other party(ies) to file, any application to register and/or record the Content as trademark, copyright, industrial design, and/or any other type of intellectual property, under your name and/or others, in any jurisdictions indefinitely; and
(v) that you irrevocably waive, to the extent permissible by law, any "moral rights" or other rights with respect to, among others, attribution of authorship or integrity of materials regarding each item of the Content that you submit, and you consent to Royal Enfield engaging in acts and omissions which would otherwise infringe your moral rights.
13. To the extent assignment is not legally possible, by sharing/submitting the Content for participating in the Contest, you unconditionally, unequivocally, and irrevocably grant Royal Enfield a royalty-free, sole and exclusive, transferable, sub-licensable, perpetual, irrevocable and worldwide right and license to use, display, modify, transmit, reproduce, publish, copy, edit, store, re-format, sub-licence, communicate, perform, show, play and/or distribute the Content, whether the whole or substantial part thereof, either in its original or derivate form generated/submitted by you and Royal Enfield shall be free to use and exploit the same for any purpose it deems fit, including without limitation, for marketing, promotion and commercial gains.
14. You further agree that Royal Enfield is under no obligation to pay you any other consideration, whether monetary or otherwise, for the license granted, assignment or transfer made herein, and that the consideration provided by Royal Enfield is the opportunity for you to enter the Contest. For the avoidance of doubt, Royal Enfield shall have the right to reprint or use the submitted Content, whether the whole or substantial part thereof, either in its original or derivative form, in digital, merchandise, or physical spaces including, but not limited to, walls, hoardings, billboards etc.
15. You unconditionally, unequivocally, and irrevocably represent and warrant that the Content, submitted and assigned/licensed by you to Royal Enfield:
(i) is your own original work, and you have the necessary rights and licenses to use, sub-license and allow Royal Enfield’s usage of the same for commercial, promotional, marketing and all other purposes as set out in these terms and conditions;
(ii) does not contain any illegal content or material;
(iii) does not contain or reference any third party’s name, title, trademark, copyright, intellectual property, content, designs, or any other material;
(iv) does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property, portrait right, or other rights of any third party;
(v) is free from viruses and other malware; and
(vi) complies with all applicable laws, regulations and standards in the jurisdiction from which they are dispatched and to which they are delivered.
16. You authorize Royal Enfield to process your personal data or personally identifiable information in accordance with its data Privacy policy and applicable laws. For the purposes of these terms & conditions, any reference in the Privacy Policy to Royal Enfield’s website or any other page shall include a reference to the Contest registration page and all the related platforms, servers, etc. Likewise, you authorize for your information to be subject to transmission and transfer to other countries, which may or may not provide adequate levels of data protection.
17. Further, you undertake to defend, fully indemnify and hold Royal Enfield, its affiliates, and their respective officers, directors, employees, and/or agents harmless from and against any actions, proceedings, demands, claims, losses, damages, settlements, costs, expenses or other liability (including attorney’s fees) that arises, directly or indirectly, from, including but not limited to (i) violation, alleged or actual, of any third party rights including intellectual property rights arising from or in connection with the Content, or use thereof by Royal Enfield; and/or (ii) your alleged or actual breach or non-compliance with any declaration, representation, warranty or other obligations under these terms and conditions.
18. Where goods and/or services are supplied by third parties, in connection with or arising from this Contest and/or a prize, Royal Enfield, to the maximum extent permitted by law, does not warrant the quality of such goods and/or services or their suitability and they will be supplied on the third party’s applicable terms and conditions.
19. To the maximum extent permitted by law, Royal Enfield is not responsible or liable for any tax implications that may arise from winning the prize. Independent financial advice should be sought.
20. All of Royal Enfield’s decisions are final, and no correspondence will be entered into. Failure by Royal Enfield to enforce any of its rights at any stage does not constitute a waiver of those rights.
21. By participating in the Contest, you consent to being sent emails and texts of a marketing nature by Royal Enfield [unless you have chosen not to receive these].
22. If for any reason, any aspect of the Contest or a prize is not capable of running as planned, or Royal Enfield otherwise determines it necessary, Royal Enfield reserves the right to amend these terms and conditions at its discretion without prior notice. Further, Royal Enfield may, at its sole discretion cancel postpone or modify the Contest for any reason and without any obligation to state a particular reason. In the event of such cancelation, postponement or modification, Royal Enfield may at its sole discretion elect not to award any prize in respect of the Contest. The decision of Royal Enfield to cancel, postpone, or modify the Contest shall not be subject to any liability or compensation of any nature.
23. These terms and conditions shall be governed in accordance with the laws of India and any dispute(s) pertaining to this Contest and these terms and conditions shall be subject to jurisdiction of courts in Chennai.