Work with imagination

These terms and conditions (‘Terms and Conditions’/ ‘T&C’) govern this section of the website www.startv.com (‘Website’) titled ‘Pitch Your Idea’ (‘PYI’) organized and conducted by STAR India Private Limited (‘STAR India’ / ‘Us’ / ‘We’). You (‘Aspirant (s)’ / ‘You’ / ‘Your’) may voluntarily visit and submit the Content (defined later) if You agree with these T&C and are eligible as per Principal Rules and General Rules for participation listed herein below. If You do not agree and/ or cannot comply with any of the T&C, then, please do not submit any Content and/or visit this section of Website.

Star India hereby invites all the interested aspirants to pitch their unique, original and interesting concepts and ideas in audio/ audio visual/ written format (‘Content’) to Star India by submitting the same to Star India on the designated page on the Website , as stated therein.

You hereby agree and understand that the Star India Privacy Policy, available on the Website shall apply to this PYI and the usage of any of Your personal information that may be received by Star India during or pursuant to PYI.

By participating in the PYI and uploading and submitting content in the manner as stated herein, it is deemed that the aspirant (s) have read, understood, accepted and agree to irrevocably, unconditionally abide by and be bound by all the terms and conditions and the Star India Privacy Policy. If you do not agree to be bound by or cannot comply with any of the T& C and Star India Privacy Policy, please do not continue.

You are required to click on the tab ‘I ACCEPT’ at the end of the page. The failure to accept these Terms and Conditions by You will disqualify your Content and your participation in PYI.

1. Principal Rules for Participation:

1.1. Eligibility for Aspirants: Person (s) who do not comply with the following criteria should not

upload/submit Content on PYI:

i. The Aspirant should be an Indian citizen;

ii. The Aspirant should have completed 18 (Eighteen) years of age and be eligible to enter into a contract;

iii. The Aspirant should not have a criminal conviction or an arrangement or a contract that prevents the Aspirant from posting the Content and/or for Star India to develop on the Content;

iv. The Aspirant should have ready a proof of age, if requested, of the Aspirant must be submitted to Star India (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by Star India to confirm the eligibility of the Aspirant;

v. The Aspirant should abide by all the applicable laws at all times.

In the event You fulfil all the criteria above, then You may submit the Content on PYI. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject Submission (defined below) and registration of Aspirant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: The Aspirant (s) should only submit Content which is:

i. In case of Content being submitted in (a) written format : be either in word file format - the word limit not exceeding 1500 words or PDF format- the size not exceeding 2 MB , (b) video format : be in MP4 format or FFM peg supported only and the size of the same shall not exceed 40 MB and shall be either an existing video file / video recording or through a live video recording through the recording option /tab available on the Website as per the in built mechanism and terms stated that any Content uploaded or submitted in any manner or as per the format /specifications other than that prescribed herein or having an unclear audio or video will be deemed invalid and will be disqualified from participating in PYI. For avoidance of doubt it is further clarified that the same Content can be submitted in any one of the 2 (two) formats in the manner stated above.

ii. Self-descriptive  of the universe , the characters , the highpoints  of the story , unique plotline , character journeys around which the story  or plot of the Aspirant’s proposed  program  revolves around  or is based upon , This  can either  be  on an episodic basis or can be  of the entire  proposed program , as deemed fit  by the Aspirant  at his / her discretion.

iii. entirely original and authored/ owned by the Aspirant (s) alone in his individual capacity;

iv. has not prior to the Submission in the manner as set out below , pitched or shared or presented to Star India and /or any any of its employees /directors /representatives .

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons , broadcasters , production houses , media companies;

vi. is not blasphemous, defamatory, violative of any applicable laws and/or in any manner infringes the right of third party/ies and /or their privacy rights;

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.9. herein below

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement

2. Mechanism Of PYI:

Stage 1 - (i) the Aspirant shall submit in his/ her own words  submit  the title of the Content,

(ii) thereinafter the Aspirant shall in his /her own words ( not  exceeding 150 words)  submit a logline which is the written description of the Content for  example who's the hero/heroine, what do they want to achieve, what's the hurdle or who's the hurdle what the universe  and /or highpoint of the story forming part of the Content,

(iii) thereinafter the Aspirant from the multiple choice options available on the Website shall choose the  nature/ genre of Content  whether fictional or non-fictional , and channel the Content is being submitted for( it is clarified that Content can be at one time submitted  for one specific channel  only and not for multiple channels),

(iv) submit / upload  his  / her  bio data  and  work experience  in PDF  format  not exceeding the size of  1 MB,

(v) the Aspirant shall confirm whether this  Content  being submitted has been  previously registered or not and

(vi)the mode and manner, in accordance  with the parameters set out in Paragraph 1.2 above in which he or she intends to upload or submit the Content .

Stage 2. The Pitch: After ensuring that the Content is in compliance with the requirements listed in Paragraph 1.2. above, and such other terms as set out in these Terms and Conditions, You may upload the Content on the relevant page on the Website as stated therein. As mentioned earlier, the
Content can be in audio, audio visual and/or written format in the formats or manner as stated hereinabove Once submitted/ uploaded, you will not have the right to delete/ remove the Content without prior permission from Star India. Along with the Content You will have to provide the following details (“Details”):

(i. Name

(ii. Email address and Phone number

The Details along with the Content will be hereinafter collectively referred to as the “Submission”.

Stage 3 Registration: Once You upload the Content and submit the Details, we will register You by creating a Unique ID for Your Submission. You will be free to make more than one Submission. It is further clarified that the same Content cannot form part of more than 1 (one) Submission

Stage 4. Acknowledgement by Star India: Once You make the Submission in the mode and manner as prescribed herein, Star India will send You an e-mail acknowledging receipt of Your Submission and share with You the Unique ID created for such Submission. The Content submitted by You can be viewed only by Star India. It is clarified that for every Submission made by You, You will be provided with a different corresponding Unique ID.

Stage 5. Internal Review: After receiving Your Submission, Star India will internally review the Content within a period of 30 (Thirty) days from the date of acknowledging Your Submission via e- mail, or such other time period that Star India may decide at its sole discretion.

Stage 6. Result: Within the period of 30 (Thirty) days, Star India will communicate their decision with respect to the Content submitted by You in the PYI. Star India reserves the sole right to set internal parameters for review and judgment of the Content submitted. In the event Your Content is accepted and Star India is desirous of developing the same into a television program or any other format in any language , then Star India will communicate the same to You via e-mail and state that the programming team of Star India shall get in touch with You for further development of the Content and other related formalities In the case of such acceptance, a separate written agreement will be executed between Star India and You in respect of the Content and its development and setting out the mutual rights and obligations of the parties at that point of time. You agree and acknowledge that the execution of a written agreement is a material condition for Star India agreeing to develop, exploit or utilise the Content for the aforementioned purposes, as it may deem fit at its sole discretion. You acknowledge and undertake to keep all the discussions, negotiations with respect to such written agreement including the contents of the written agreement entirely confidential or any other communications with respect to PYI entirely confidential.

In case of rejection, Star India will communicate the same to You via e-mail and after this communication from Star India, you shall be free to use and exploit the Content as per Your discretion.

All communications from Star India will be made to the email/address submitted by You as part of the Details.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

3.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from making the Submission or part thereof and You are fully authorised and entitled to make the Submission;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India

3.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

3.4. You have not prior to the Submission approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons ,broadcasters , production houses , media companies and /or Star India and /or any any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever The
Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

3.5. The Details and any other information given by You in connection with the Submission is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

3.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.

3.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

3.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the Submission is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Submission): that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous 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;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any law for the time being in force;

f. that deceives or misleads the addressee about the origin of such messages or communicates

any information which is grossly offensive or menacing in nature;

g. by making a Submission by impersonating another person;

h. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

i. that 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 cognisable or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India, their employees, officers, sub-licensee, assignees, representatives and agents from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible
acceptance of the Content by Star India and (v) if any representation , warranty or personal information made by You turns to be untrue , false and in accurate . In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

4. General Rules:

4.1. You hereby agree and acknowledge that You and Star India have not yet reached any agreement concerning the use of the Content, and that no obligation of any kind is assumed by Star India or may be implied against Star India by a mere submission of the Content by You, until an acceptance and a written contract in this connection is executed between You and Star India, inter se, in this regard, subject to the provisions of these Terms and Conditions;

4.2. Accessing this PYI section of the Website and / or making a Submission shall not be deemed an assignment in favour of Star India until the execution of a separate agreement between You and Star India for the development , utilisation or exploitation of the Content , acceptance of which has been duly communicated to you in the manner as set herein. However, You agree and undertake that from the date of completing the process of Submission as per the terms stated herein , You
shall not approach or deal or pitch the Content forming part of that particular Submission in any form whatsoever to any third party for any purposes whatsoever and /or shall not in his /her
individual capacity exploit, utilise and develop such Content for any purposes whatsoever . This being the material understanding essential for participating in PYI . Breach of this understanding and /or if Star India comes to know or is notified about such breach you , then Star India shall have the right to disqualify your participation and Submission forthwith . Only after a rejection is communicated by Star India, You would be free to deal with the Content in any manner as deemed fit by you ;

4.3. You understand that Your Submission to Star India does not imply that Star India regards the Content, or any part thereof, as being either novel, unique, valuable or usable. The Submission per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use independent of You and /or your Submission. All the legally protectable elements in the Content submitted by you shall remain protected under the applicable laws and shall continue to vest with you until accepted as per the terms stated herein ;

4.4. By providing any personal information to Star India, as part of the Submission, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy
expectations that You may have with respect to the use of their likeness or personal information furnished to Star India;

4.5. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Mechanism of PYI detailed under Paragraph 2 above without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the Website from time to time in order to be informed of the latest version of the T&C;

4.6. You agree that Star India shall not be responsible if You are unable to access the Website at any point of time, and as a result of which, You lose the chance to participate in PYI or complete Your Submission and/or upload the Content;

4.7. Star India shall in good faith endeavor to use all reasonable measures to safeguard against public access to Content submitted by You. You acknowledge that Star India will not be liable in case the Content gets leaked or published without the knowledge of or active act of commission by Star India. For the sake of privacy, exclusivity and confidentiality, You shall refrain from divulging details and/or sharing the Content with any other person. You shall not, at any time, make and/or issue any statements in respect of the Content and/or Star India and/or any proposed exploitation of the Content (if any), without the prior written consent of Star India.

4.8. You agree and understand that the decision of Star India with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

4.9. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the PYI and/or the selection process of the Content and/or qualification of an Aspirant (s), STAR India shall not be held liable either directly and/or indirectly and in any event, and the decision of
STAR India shall be final and binding on You;

4.10. You hereby agree, represent and undertake to execute and produce such further documents as may be required by Star India promptly, as and when called upon, in relation to the PYI. Star India reserves the right to reject the Content in case of non-submission and/or delayed submission of Content;

4.11. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Aspirants in any manner whatsoever, in relation to the PYI;

4.12. You hereby understand that, upon completion of Submission, You shall not withdraw the Content from the PYI for any reason whatsoever;

4.13. You hereby agree, acknowledge and understand that by making the Submission a per the terms herein, Star India does not make any guarantee with respect to accepting the same and /or making of a show/ program based on Your Content even after the same is accepted by Star India. Star India holds the sole and exclusive right to not proceed with the production and/or discontinue the production of a show/ program based on Your Content if Star India so decides for any reasons whatsoever. You hereby agree not to hold Star India and/or any of its employees, directors, consultants or representatives, liable in respect of or relating to the selection/ short listing of

Content;

4.14. Star India reserves the right to discontinue the PYI at any time for any reason whatsoever without

any recourse and/or liability to any/ all of the Aspirant (s) whatsoever;

4.15. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. But, Star India shall, at all times, without any restriction/s and/or prior approval/s have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained herein;

4.16. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content or the Submission made by You (in part or whole) is not in compliance with the Terms and Conditions herein;

4.17. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

4.18. Star India shall not be responsible if any selected Aspirant is not available at their respective mobile numbers/ email id or the mobile numbers are unreachable at the time of the intimation call due to any reasons as a result of which, the Aspirant misses his/her chance. In this case, the Aspirant undertakes to not hold Star India responsible for the same;

4.19. Star India shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the PYI. You hereby agree that any such amount shall be solely borne by You;

4.20. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forums in India to claim any damages or reliefs;

4.21. You hereby understand that Star India makes no representation and/or warranties regarding PYI or
any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;

4.22. Limitations of liability: by submitting content on PYI, you acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with pyi shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India and/or Star India entities be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
Without prejudice to the foregoing, in any case Star India’s entire liability under these terms and conditions shall not exceed the total monetary value of rupees hundred.

4.23. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this T &C by You, Star India shall be entitled to any and all remedies in law and/or equity;

4.24. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

You further acknowledge that mere Submission shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

4.25. All costs and expenses in relation to the PYI and Your Submission shall be borne solely by the Aspirant (s). STAR India shall in no manner bear any responsibility or liability for any delay or other eventuality that results in the Aspirant (s) being unable to participate in the PYI.

4.26. Warranty Disclaimer: You agree that Your use of the Website, upload and participation in PYI shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with PYI and Your use of the Website. Star India makes no warranties or representations about the accuracy or completeness of the content of this Website
including the PYI section or the content of any websites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Website including the
PYI section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website including the PYI section, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Website / PYI section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website/ PYI section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

4.27. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Aspirant in any manner whatsoever, in relation to PYI and/or any matters arising out of the Terms and Conditions.

4.28. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws.

4.29. You hereby acknowledge that in case any portion/clause of these Terms 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 T &C shall be valid and binding and of like effect as though such provision was not included herein;

4.30. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Star India in connection with the PYI;

4.31. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

4.32. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

4.33. You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such Promotional Activity or otherwise which may bring Star India and/or PYI into public disrepute.

4.34. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to the PYI, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Aspirant who has raised a dispute.

4.35. Subject to the provision of Paragraph 4.36. 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 reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

4.36. You acknowledge that in case the PYI and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India 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 seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the PYI and/or participation of an Aspirant forthwith and such decision shall be final and binding.

4.37. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the You and Star India in this connection, and supersedes all prior understandings, if any, whether written or
oral, between the You and Star India., in this connection.

4.38. You hereby acknowledge that You have fully read these Terms and Conditions and voluntarily, without coercion or any undue influence on the part of Star India and with complete understanding of all of the terms and conditions contained herein shall agree to the contents of this document.