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e-Auction T&C

The Organiser is operating and managing duty free shops (the “DFS”) by the name “Mumbai Duty Free” at the arrival and departure side of Terminal 2 of Chhatrapati Shivaji International Airport, Mumbai (“CSMIA”) and sells Duty Free Goods to International Passengers in accordance with the concession granted to it by the Mumbai International Airport Limited (the “MIAL” or the “Airport Operator”). The International Passengers departing to a destination outside India from the Terminal 2 of CSMIA are eligible to participate in the e-auction on following terms and conditions:

ACCEPTANCE

The Participator / Bidder does hereby irrevocably and unconditionally accept all the terms and conditions governing this campaign / e-auction and waives and relinquishes all its rights to challenge any and/or all terms and conditions of this campaign.

DEFINITIONS

In addition to the terms defined elsewhere, in this general Terms & Conditions, the following words and expressions shall have the meanings set forth below, unless the context otherwise requires: -

1. “Airport” or “CSMIA” shall mean the Chhatrapati Shivaji Maharaj International Airport, Mumbai.
2. “Auction Period” shall mean the period between 17th March 2023 till 17th April, 2023 (both dates inclusive).
3. “Participant / Bidder” shall mean the International Passenger with valid travel documents travelling to a destination outside India who is participating in the e-auction.
4. “Customer” shall mean the international passenger who is shopping with Mumbai Duty-Free
5. “Duty Free Goods” shall mean all the goods, articles etc. sold at the Duty-Free Shop.
6. “International Passenger(s)” shall mean the person travelling to a destination outside India.
7. “Organizer” shall mean Mumbai Travel Retail Private Limited (“MTRPL”) who is operating a duty-free shop at Chhatrapati Shivaji Maharaj International Airport, Mumbai.
8. “Terminal 2” or “T2” shall mean the passenger terminal 2 at CSMIA.
9. “Terms & Conditions” shall mean the present terms and conditions governing the e-Auction.

THE CAMPAINGE / e-ACUTION

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The Organizer is organizing the e-auction of exclusive 1965 Bowmore 52-Year-Old Single Malt Scotch Whisky, wherein the International Passenger shall have a chance to bid the amount for product as mentioned herein below.

1. The International Passenger above legal age of 25years, departing / travelling out from Terminal-2 of CSMIA shall be eligible to participate in the e-Auction.
2. Placing a bid, or on our platform is quite an easy process. The e- auction can be made from https://mumbaidutyfree.net/bid
3. The bidding is accepted in USD currency only.
4. The Participant/Bidder shall be required to fill in the details as mentioned on the webpage / form.
5. An International Passenger gets a chance to bid multiple times.
6. On successful bidding, the Participant/Bidder will be notified by Mumbai Duty-Free.

ELIGIBILITY CONDITIONS

• The Entry is open to all International Passengers (all nationality) above age of 25years, who shall be travelling to a destination outside India from the departure Duty-Free Shop at Terminal 2, CSMIA with all the required details.
• The Bidder / Passenger(s) should be over the age of 25 years to participate in the e-auction and should be competent to enter e-auction as per the Indian Contract Act, 1872. Directors, management, employees, and immediate families of the Organizer associated with this Contest are excluded from participating. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child, or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister, or cousin.
• The Participant / Bidder should submit their personal details as mentioned in the entry form such as name, age, gender, marital status, passport details, travel itinerary details, residential address, mobile number, e-mail address etc. Failure to provide these details shall render such Participant's entry ineligible and void.

e-AUCTION PERIOD

The e-Auction shall begin at 12:00 am (IST) on 17th March 2023 and shall close at 11:59 pm (IST) on 17th April 2023 (“Auction Period”).

e-AUCTION RESULTS

The E- auction results will be declared on the 2nd of May 2023. The dates will be pre informed to all bidders who have successfully placed their bid

METHOD OF ENTRY

1. The International Passenger departing / travelling out from Terminal 2 of CSMIA, above legal age 25 years is eligible to participate in the e-Auction.
2. The e- Auction can be made from https://mumbaidutyfree.net/bid.
3. One international passenger / bidder gets a chance to bid multiple times.

PAYMENT

4. Once the e-Auction is closed, the bidder / passenger will be contacted about his / her winning.
5. The winning Bidder will have to make an 100% advance payment for his / her purchase / duty-free good(s).
6. The winning Bidder Will have to make the full payment at least 07 days prior to his travel date.
7. The mode of payment will be accepted only in Organizer’s bank account - through net-banking.
8. Any promotional Gifts / Offers / Vouchers will NOT be accepted at the time of payment.
9. The winning Bidder has a choice to pay in USD currency.
10. If the payment is done in foreign currency (other than Indian Rupees), the exchange rate will be calculated as per banking rate for the same day of payment.
11. Any Forex charges applicable shall have to be borne by the winning Bidder. The Organizer shall NOT be liable to adjust / reimburse the amount.
12. Since it is a duty-Free product, the bidder will not be receiving any tax benefit document (VAT, GST, etc).

COLELCTION OF THE PRODCUT

13. Once the payment is successfully completed, the winning Bidder will share his / her travel details (date, flight number, etc) of travelling out from T2, CSMIA with the Organizer at-least 07 (seven) days in advance so that the product can be kept ready for collection at departure store.
14. At the time of product delivery, the winning Bidder will be handed over the product in its original packing Cask / Box / packing material as provided by brand itself.
15. As per Indian Custom Regulations the Organizer CANNOT make any product / product-packing/ display unit, etc. delivery outside its store premises. The winning Bidder must make a pre-note of same for collection of the Product.
16. In case the winning Bidder wishes to collect the product while arriving in India, all procedural formalities including clearance of product as per Indian custom regulations including payment of applicable customs and other duties shall be the sole responsibility of the winning Bidder.

LIQUIDS, AEROSOLS AND GELS (LAG) INFORMATION

17. Many carriers and countries have specific restriction on carrying liquids, aerosols, and Gels (LAG) in carry-. Failure to adhere to these restrictions may result in confiscation of the product by security prior to boarding. It is the winning Bidder’s responsibility to ensure that product purchased meet the security requirements and duty -free allowance of their respective destinations.
18. The Organizer and its associated agencies and companies will not be liable for any confiscation of goods by security / customs authorities. Any claims against this e-auctioned product will NOT be accepted.

EXCHNAGE / RETURN

19. In accordance with the applicable regulations under the Indian Customs Act, 1962, “NO EXCHANGE, NO RETURN” of any product(s) can be offered to the winning Bidder.

100% SECURED ONLINE AUCTION MARKET

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PRIVACY STATEMENT

• All bidding / entries will be the property of the Organizer. The information Bidders / Participant’s / Customer’s provide will be used by the Organizer for the purpose of conducting this e-Auction.
• The Bidder / Participant consents to the storage of their personal information on the Organizer’s database. The Organizer collects Bidder’s/ Participant’s’ / Customer’s personal information to conduct the promotion. If the information requested is not provided, the Bidder’s/ Participant’s’ may not validate the entry in the e-Auction. By entering the e-Auction, unless otherwise advised, each Bidder / participant / Customer also agrees that the Organizer may use their personal information for marketing purposes. Bidder / Participant / Customer’s’ personal information may be disclosed to the statutory authorities. A request to access, update or correct any information should be directed to the Organizer. If a Bidder / Participant / Customer’s’ does not truthfully provide all requested personal information, the Organizer may determine that they are not eligible to participate in e-Auction. All entries become the property of the Organizer.
• Bidder / Participant / Customer’s’ consent to the Organizer using the Bidder / Participant / Customer’s’ name, likeness, image and/or voice if they are a winner (incl. photograph, film, file and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Contest (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Organizer.
• In the event of war, terrorism, state of emergency or disaster, the Organizer reserves the right to cancel, terminate, modify, or suspend the e-Auction subject to any written directions from a relevant regulatory authority.
• If Bidder / Participant / Customer’s’ opted to receive promotional and news updates from the Organizer (Mumbai Duty Free/ MTRPL), they may receive these updates via email / SMS / WhatsApp messages. Otherwise, all details and data provided will be held in accordance with the Organizer’s privacy policy. All entries become the property of the Organizer. To view the Privacy Policy, please visit (https://mumbaidutyfree.net/privacy-policy)

PUBLICITY

The winner of this e-Auction must, at the Organizer’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and consent to the Organizer using their names and images in promotional material.

EXCLUSION OF LIABILITY

• The Organizer and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this e-Auction or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
• The Organizer and/.or any of its affiliate, group company and/or promoter shall not be liable for: (1) any incorrect or inaccurate information, whether caused by Bidder / Participant / Customer , printing errors, or by any of the equipment or programming associated with or utilized in the Contest; (2) unauthorized human intervention in any part of the entry process of the e-Auction; (3) technical or human error which may occur in the administration of the e-Auction or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Bidder / Participant / Customer participation in the e-Auction or receipt or use or misuse of any prize. If for any reason a Bidder / Participant / Customer entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Bidder / Participant / Customer sole remedy is another entry in the e-Auction.
• The Organizer and its associated agencies and companies will not be liable for any damage in transit to the product.

SOCIAL MEDIA SITES

The Organizer may communicate or advertise this Campaign / e-Auction using any social media site(s) including but not limited to Facebook, Twitter, LinkedIn etc. The e-Auction, however, is in no way sponsored, endorsed, or administered by, or associated with, any of such social media platform. Bidder / Participant / Customers are providing their information to the Organizer and not to any of such social media platform. Each Bidder / Participant / Customer completely releases such social media platform from any and/or all liability.

NOTIFICATION OF WINNERS

The winner will be notified by phone and /or SMS and /or e-mail and /or in writing within two (02) days of the e-Auction and their name and state /territory of residence will be published on Organizer’s website (www.mumbaidutyfree.net)

VERIFICATION OF THE ENTRY

The Organizer may require winner to provide proof of identity, proof of age and proof of travel itinerary. Identification considered suitable for verification is at the Organizer’s discretion.

DISQUALIFICATION OF ENTRIES

• If a winning entry is deemed not to comply with the conditions of entry, the entry will be discarded and a new winner of that product will be determined by drawing a further valid entry The Organizer’s nominee’s decision is final, and no correspondence will be entered into relating to the matter.
• The Organizer may, in its sole discretion, disqualify all entries from, and prohibit further participation in this e-Auction by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the e-Auction or acts in violation of these conditions, acts in a disruptive manner, or acts with the intent to annoy, abuse, threaten or harass any other person.

GUARANTEE AND WARRANTEE OF THE PRODUCT

The Organizer shall not be responsible for the warranty and /or guarantee of the Product in any manner. The Bidder / Participant / Customer of the e-Auction shall be responsible to avail the warranty and/or guarantee of the product received from its manufacturer /service provider /dealer as the case may. The Customer shall be liable to pay the amount of any extended guarantee and/or warrantee on the product. The Customer expressly acquits and forever releases the Organizer from the guarantee and/or warrantee of the Product.

PROBLEMS AFFECTING e-AUCTION

If for any reason any aspect of this e-Auction is not capable of running as planned, including by reason of infection by computer virus, mobile network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the reasonable control of the Organizer which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, the Organizer may in its sole discretion cancel, terminate, modify or suspend the e-Auction, or invalidate any affected entries.

UNCLAIMED PRODUCT WINNING

In the event of the product not being accepted or claimed within 07 (seven) days of the draw, the relevant winner’s bid entry will be deemed invalid, and the Organizer reserves the right to conduct such further bid / e-Auction at the same location as the original draw as are necessary to distribute the product. Any bid winner in this event will be notified by phone /SMS /what’s app message /e-mail and in writing within 02 (two) days of the announcement and will have their name and address state/territory of residence published on www.mumbaidutyfree.net

GOVERNING LAW AND JURISDICTION

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms & Conditions, or the rights and obligations of the e-Auction and the Organizer in connection with the Bid / Campaign, shall be governed by, and construed in accordance with, the laws of the India and the court at Mumbai shall have exclusive jurisdiction.