Come with Twist Play 2015 New Year Resolutions and Win Big

Berger’s welcome you to its Berger’s Reverse Resolutions! Share your New Year 2015 resolutions and make sure that you nominate your friends. Please mind that you not only take resolution, you must follow them. The best part is that you can enjoy reverse psychology to meet the end!

How to Win Free Big Samples 2015:

• Go to Offer Page
• Click on “Get Started“
• Allow Access
• Select a resolutuion
• Click on “Next“
• Select an option
• Click on “Next“
• Click on “Select Friends“
• Invite some friends
• Enter the mobile number
• Click on “Next“

How to Play OR Instructions:

1. Login through Facebook and challenge your friends to take up a New Year resolution.
2. You also need to accept challenges from your friends to increase your score.
3. If you are the challenger, after the participant has accepted your challenge, you need to invite a maximum of 50 of your friends to vote for ‘No, the participant cannot complete the challenge’ to win the challenge.
4. But if you are accepting the challenge, post accepting the challenge, you need to invite a maximum of 50 of your friends to vote for ‘Yes, you can complete the challenge’ to win the challenge.
5. The more votes you receive, the higher your scores will be.
6. Each ‘Yes, He / She Can Do It’ OR ‘No, He / She Can’t Do It’ vote will get you 10 points.
7. Either the challenger or the challenged has to earn 300 points or 30 votes to win the challenge.
8. Whichever side earns the points first will be declared as the winner with 200 additional points.
9. If no side manages to score 300 points, by the end of the contest period, the challenge will be declared as ‘DRAW’ and neither of them would get any points.
10. 5 lucky winners will be selected at the end of the contest period on 11th January, 2015.

Terms and Conditions:

1. .Out of all the participants who successfully challenged & have accepted challenges from their friends, 5 lucky winners will be selected at the end of the contest period based on their overall score.
2. 4.Participation in the Contest after the Period will not be considered for the Contest and shall be deemed null and void.
3. 5.The Prizes shall be sent to the address shared by the Participants in his/her revert to the calls made on the number shared by them. The Participant(s) agrees and confirms that Berger India shall not be responsible and/or liable for any inaccuracy/ falsity/ deficiency in the address supplied by the Winners and as the case may be, and that it is the sole responsibility of the Winners to supply correct/ complete/ accurate contact details.
4. 6.For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest including selection of the Winners and/or the selection process to qualify for the Contest, the decision of Berger India shall be final and binding.
5. 7.The Winner agrees and undertakes that they shall not at any time be entitled to dispute and/or challenge the contents/ adequacy/ sufficiency of the Prize, as the case may be, and the same shall be subject to the sole discretion of Berger India.
6. 8.To the extent permissible under applicable laws, no dispute of any nature whatsoever, with regard to the selection procedure of the Winners, criteria of selection, any aspect of the Contest shall be raised by the Participant(s) and/or any family member(s) of the Participant(s) at any point of time during and after the Contest. 9.The Participant(s) agree and confirm that all rights, title, and interest in and to the Program, the Contest, the Questions, the Answers, and/or the Scores, are the sole and exclusive property of Berger India and are owned by Berger India throughout the world and in perpetuity. The Participant(s) further agrees and confirms that the Participant(s) shall not at any time be entitled to any rights, title and/or interest to the Program, the Contest, the Questions, the Answers and/or the Scores, and shall not at any time challenge Berger India’s ownership of the same in any part of the world.
7. 10.The Participant(s) / Winners shall not in any circumstances make any claims against Berger India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ Winners participation or non-participation in the Contest or any related activity. If the Participant(s)/ Winners found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Score and/or Entries will be disqualified.
8. 11.The Participant(s)/ Winners shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of contest that is hosted on the microsite.
9. 12.By entering the Contest, each Participant(s)/ Winner(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any). Notwithstanding the foregoing, under no circumstances will Berger India and/or Berger India entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
10. 13.Berger India reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest, in the event of Participant(s)/ Winner(s) being in breach of any Terms and Conditions set out herein. Berger India reserves the absolute right and discretion to reject any “Score(s)” or any part thereof at any stage of the Contest, including after declaring the Winners, if Berger India:
11. a.receives any notice or complaint relating to the Score(s) not being compliant to the Terms and Conditions including alleged to be infringing any form of rights, title, interest, including rights in any form of intellectual property of any third party;
    b.determines at its sole discretion that the Score(s) inter alia, belongs to another person and to which the user does not have any right to; is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of Berger India in this regard shall be final and binding upon the Participant(s)/ Winner(s).
12. 14.Neither Berger India nor its employees have given a guarantee regarding the quality of the Prize, and the Winner(s) agrees not to hold Berger India and its employees, responsible with regards thereof.
13. 15.By participating in the Contest, it is construed that the Participant(s)/ Winner(s) has read and understood these Terms and Conditions including these principle rules and the General Rules stated below and is unconditionally bound and agree to abide by the terms of use and privacy rules of Berger India.
14. 16.Berger India shall not be responsible in the event Score(s) are not received due to any technical error of any nature, breakdown of machinery, unclear network, disruption in the network, technical disruption and/or connection failure and/or electricity failure whatsoever and/or failure and/or any other difficulties of such nature due to which the Participant(s) is unable to participate or post his/her Score(s) on the Platform in the Contest. For purposes of these Terms and Conditions, “receipt” of a Score(s) occurs when the website server records the Score(s) information upon the entrant clicking “Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Answer(s), the Participant(s) is representing that the Score(s) or contents thereof are not confidential or comprise any sensitive personal information. Any dispute in connection to the above shall be settled between the subscribers/Participant(s)/ Winner(s) and the telecom/mobile operator directly, without involving Berger India.
15. 17.The Participant(s) further represents and warrants that the Score(s) being submitted by him/her shall be original and shall not infringe upon and/or contain any material which will infringe upon any third party rights including rights in intellectual property.

GENERAL RULES:

1. The Participant(s) must be above the age of eighteen (18) years, must be a citizen of India and must be residing within the territorial limits of India during the Period of the Contest. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.
2. Proof of age, if requested, of the Participant(s)/ Winner(s), must be submitted to Berger India (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by Berger India to confirm the eligibility of the Participant(s) as may be required by Berger India to confirm the eligibility of the Participant(s).
3. Participant(s) shall provide such information as may be required by Berger India from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. Berger India also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time during the Period of the Contest and such decision shall be final and binding on the Participant(s)/ Winner(s).
4. Berger India reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest if his/her conduct is found not to be in concurrence with the Terms and Conditions set out herein or as may be revised by Berger India from time to time. The decision of Berger India in this regard shall be final and binding upon the Participant(s)/ Winner(s).
5. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by Berger India in relation to the Contest.
6. The Winner(s) represents and undertakes to execute and produce such further documents as may be required by Berger India in relation to availing the Winner (s) herein.
7. The Winner(s) shall be contacted (via Intimation Email) directly through a private message on the email id through the Personal Information provided by him/her at the time of registration. Only the Winner(s) will be notified by Berger India by way of a private message through the email id provided by him/her at the time of registration. The Winner(s) shall furnish his/her information including postal address, telephone/mobile number as sought by Berger India through such private message. If the Winner(s) fails to revert within twenty four (24) hours of the Intimation Email, the Prize may automatically be transferred to the next Participant(s) with the eligible Score and/or Entry and the lowest Time. In the event the telephone/mobile number is engaged, or lines on the route are busy, or it is ringing but there is no answer, Berger India shall make a maximum of two (2) attempts (maximum one attempt per day for two consecutive days). In case any Winner(s) is unavailable on both the attempts, the selection of that Winner(s) shall be invalidated and Berger India shall automatically transfer the Prize(s) to the next Participant(s) with the eligible Score and/or Entry, and select another Winner(s). For the avoidance of doubt such choice of Winner(s) by Berger India shall be final and binding. Berger India shall not be responsible if the Winner(s) is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize(s) and such decision shall be final and binding
8. Berger India shall not be responsible or liable for any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which the Winner(s) is un-reachable via email (for e.g. if the email is transferred into a SPAM folder) or any technical disruption and/or connection or electricity failure/ and/ or any other difficulties of such nature, due to which Berger India is unable to intimate the Winner(s).
9. Berger India shall courier the Prize(s) to the Winner(s) at the addresses (in India only) as provided by them in reply to the Intimation Email sent to Winner(s) declaring them the winner(s). Berger India will not be liable for any loss or damage to the Prize(s) after dispatching the Prize(s), for example if any loss/damage etc. is caused /incurred during transit. 10.The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize(s) or the Program which is disclosed to the Winner(s) and which is not available to public in general, to any person or media etc. without the consent of Berger India. In case the winner(s) breaches this condition, he/she shall be liable to be disqualified/rejected and shall not be eligible for the Prize(s). 11.The Winner(s) further undertakes to maintain decorum and not indulge in any misdemeanour and/or substance abuse which shall cause any trouble to Berger India during the Winner(s) availing the Prize(s) in relation to the Contest.
10. The Prize(s) cannot be transferred, negotiated, refunded or exchanged for money etc. For the sake of clarity, there shall be no other gratification. It is clarified that Berger India is not obliged to and/or it is not necessary that the act of collection of the Prize(s) will be recorded by Berger India or will be incorporated in any audio visual program.
11. Berger India reserves the right to withdraw/ cancel the Prize(s) in the event it is found by Berger India or Berger India has a reason to believe that any information provided including personal information by the Winner(s) is wrong, fraudulent or any misrepresentation is made by the Winner(s). Berger India shall have the right to declare another Participant(s) with eligible Score and/or Entry and the next lowest Time as the Winner(s) of the Contest, in its sole discretion and transfer the Prize(s) to that person.
12. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) has waived his/her right to raise any dispute with regard to the Contest and /or the Prize(s), in any manner whatsoever to the extent permissible under law.
13. All and any incidental costs direct and/or indirect, in relation to the Prize(s), shall be borne by the Winner(s) and in no manner whatsoever shall Berger India, be responsible or liable for the same in any manner whatsoever.
14. In case of any network failure and /or technical failure in accessing the Platform and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, Berger India reserves the right to at its sole discretion to cease from accepting Answer(s) from the Participant(s), in any manner it may deem fit and necessary. In addition Berger India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption in the internet /network services /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of Berger India and the Participant(s) shall hold harmless Berger India and its employees, officers or any other person in relation to the Contest with respect to the same.
15. Participant(s)/ Winner(s) shall not in any circumstances make any claims against Berger India, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Contest. If the Participant(s)/ Winner(s) are found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Score(s)/Entry(s) will be disqualified.
16. Each Participant(s)/ Winner(s) in consideration of being given opportunity to participate in the Contest, agrees that the Participant(s)/ Winner(s) shall hold harmless and indemnify the main sponsor, if any, Berger India, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s)/ Winner(s), in any manner whatsoever in connection with the Contest and/or the Prize(s) won and/or participation and/or availing the Prize(s) and/or any material submitted forming part of the Answer(s) and /or the Contest and/or any personal information submitted by the Participant(s)/ Winner(s) and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any microsites, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
17. Each Participant(s)/ Winner(s) hereby acknowledges and agrees that the relationship between the Participant(s)/ Winner(s) and Berger India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
18. The Participant(s)/ Winner(s) acknowledges and agrees that in case the performance of this Contest and/or availing/granting the Prize(s) cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of fifteen(15) days, then Berger India shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding on the Participant(s)/ Winner(s).
19. Participant(s)/ Winner(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
20. Participant(s)/ Winner(s) acknowledges that Participant(s)’s/ Winner(s)’s representations, warranties, indemnities, grant of rights in the Answer(s) including the Score(s) and/or the Entry(s), footage of Promotional Material and /or Contest, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
21. The Participant(s)/ Winner(s) shall comply with the laws of India.
22. The Winner(s) shall be solely responsible to avail the Prize(s).
23. The Winner(s) agrees that he/she shall not hold Berger India and/or their employees, responsible for delays or any problem whatsoever in connection to the Prize(s).
24. Employees of and/or consultants of and/or persons hired on contract by Berger India, the sponsor and the members of their immediate family are ineligible for participating in the Contest.
25. The Winner(s) of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Berger India and participate in any activity and/or campaign, if any (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) agrees, allows, grants and permits Berger India to record and/or make footage of such Promotional Activity as specified herein on film, tape, or digital or other electronic media. In consideration of an opportunity being afforded to participate in the Contest and the Prize(s), the Winner(s) agrees that the footage of any nature with regard to the Winner(s) shall vest with Berger India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and Berger India may exploit the same in any manner and in any media whatsoever at any time throughout the world.
26. The Participant(s)/ Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring Berger India into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/ Winner(s) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Program.
27. All and any incidental costs direct and/or indirect, in relation to the Prize(s), shall be borne by the Winner(s) alone.
28. The Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the Prize(s) shall be referred to a sole arbitrator appointed by Berger India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Kolkata, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) who has raised the dispute.
29. Subject to the provision of 30 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Kolkata, India.
30. The promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram and Twitter and participant completely releases Facebook, Instagram and Twitter from any obligation in respect of the participation to this contest. Participant acknowledges that by participating in the Contest, it is providing information to Berger India and not to Facebook, Instagram and Twitter.