Legal Terms & Policies

Website Terms Of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures. This is a legal agreement between you, the user (‘You’) of the Services, as defined below, and Star India Private Limited stating the terms that govern Your use of the Site, as defined below. If You do not agree to these Terms and Conditions, you are not entitled to use the Services and any use thereafter shall be unauthorized.

Description of Service and Acceptance of Terms of Use

[Star India Private Limited] is a company incorporated under Companies Act, 1956, having its registered office at Star House, Urmi Estate, 95 Ganpatrao Kadam Marg, Lower Parel (W), Mumbai 400013.

Star provides an online website www.startv.com (“Site”) as an interactive platform for its viewers to interalia view schedules of the programs, serials and programs, trailers of upcoming serials, view videos and/or photos of their favorite characters on serials, read recaps of serials, etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by Star in connection with its business, provided on the Site (“Content”) and post comments, participate in contests (collectively with Content, referred to as “Services”)

Use of the Services is subject to compliance with these Terms of Use ("Terms of Use" or "Terms" or “Terms and Conditions”).

By visiting the Site or using any of the Services You are agreeing to these Terms and Conditions. Unless otherwise specified, the Service is available for individuals aged 18 years or older. If You are under the age of 18, You should review these Terms and Conditions with Your parent or legal guardian to make sure that You and Your parent or legal guardian understands and agrees to it on Your behalf and further if required, You shall perform or undertake such activities which will entitle You to enter into a legally binding agreement with STAR. Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws. Star may at any time revise these Terms and Conditions and Privacy Policy by updating this posting which will be communicated to You. You shall be bound by any such revisions.

Participation in any contest and or game on the Site conducted by Star shall be subject to such further terms and conditions as may be notified by Star from time to time on the Site or otherwise.

Electronic Communications

When You use/avail the Services or send any data, information or communication to Star, You agree and understand that You are communicating with Star through electronic records and You consent to receive communications via electronic records from Star periodically and as and when required.

Star will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Star which will be deemed adequate service of notice / electronic record.

The Content which is viewed on the Site is copyrighted material of Star and/or Star’s licensors, and shall not be used except as provided in these Terms and Conditions, without the written permission of Star.

Access and Use of the Services

Star grants You a non-exclusive limited license to use the Services on the Site for personal, non-commercial purposes as set forth in these Terms and Conditions.

By agreeing to use/avail the Services:

1. You confirm and warrant that all the data and information supplied by You when You register or otherwise post comments/observations on the Site and provided by You to Star and or any Star’s affiliates, distributors (“Registration Data”) is true, current, complete and accurate in all respects.

2. You agree to promptly update Your “Registration Data”, so that Your information remains true, current, complete, and accurate at all times.

3. You acknowledge and agree that Your registration information and any other personal data collected by Star is subject to Star’s Privacy Policy. For more information, view the full Privacy Policy. Star may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where the Services is used.

4. You acknowledge, consent and agree that Star may access, preserve, and disclose Your account information subject to the Privacy Policy, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of Star, its users and the public.

5. You agree that Star has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason. Star may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. Star will restore access to the Services as soon as reasonably practicable after temporary suspension.

6. You agree that Star shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Star.

7. You agree that Star shall not be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Site or due to use of any of the Services, including any injury or damage to the User(s)’ or to any person(s)’ computer related to or resulting from participation or downloading materials in connection with the Services.

8. You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/or material based on the Content.

9. You agree that Star owns and retains all rights to the Services. You further agree that the Content You access and view as part of the Services is owned or controlled by Star and or its licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

10. You are responsible for the security and proper use of Your unique user ID and password that you enter while registering on the Site and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.

11. You agree that your use of the Services and the Content may give you the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Term and Condition. You agree that You will not misuse the Content you access and view as part of the Service, including without limitation, download the Content by illegal/non-permitted means, or infringe any of the Star’s copyright, trademark and other intellectual property including any rights of Star or its licensors subsisting in the Content. You further agree that you will not copy/record any of the Content You access and view as part of the Service, for any purpose, and/or copy/record any Content including video, images etc, by using any means including software, spyware, etc, for any purpose whatsoever.

12. You further agree that you with not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User material (defined below) or articles, of the Site on any other website, webpage or software which is not owned by Star.

13. In case the Site allows You to download or stream any of the Contents therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Star or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

14. You agree that the trademarks, logos and service marks shown on this site are registered trademarks of their respective owners. Nothing in Your use of the Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark made available on the site.

15. You agree that You shall assume the entire risk with respect to the user, results of such use, in terms of accuracy, reliability, performance, completeness, comprehensiveness, currentness, functionality, performance, continuity, timeliness of the information, data or any content available on the Site.

16. You waive your right to any claim based on the detrimental effects or results of any reliance placed by the user on any information or data available on the Site.

17. The development of the Site with respect to the nature of the information or data available on the Site is a continuous and on going process. STAR disclaims any and all liability and/or responsibility for loss of any information or data, or any consequence, intended or unintended, due to the operation of the Site. STAR does not assume or purport to assume any responsibility or liability to You for any failure or inability to access or use the Site for any purpose. Published information, statistics or data available on the Site may not be current or upto date for any purpose.

18. Star shall not be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Site or due to use of any of the Services, including any injury or damage to the User(s)’ or to any person(s)’ computer related to or resulting from participation or downloading materials in connection with the Services.

19. If You are the parent or the legal guardian of a minor child, and have allowed him to use the Services, You agree that You shall be solely responsible for :

i. The online conduct of the minor child

ii. Monitoring of such Minor’s access to the Site and Use of the Service

iii. The consequences of any use of the Services by the minor child.

Termination of Service

Star reserves the right to immediately terminate or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Star determines in its sole discretion that You have breached these Terms and Conditions, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.

User Reviews, Comments and Other Material

You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") only reviews or comments (collectively, "User Material").

You agree that Star shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Star may determine, in its sole discretion, is inappropriate or for any other business reason. You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, 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) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

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

(i) threatens the unity, integrity, defense, 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. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

You acknowledge that Star does not guarantee any confidentiality with respect to any User Material.

By Posting the User Material, You hereby grant Star a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to Star is non-exclusive, royalty-free, and sub licensable.

In no event does Star assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Star with respect to such User Material.

If you have any complaints relating to any User Material uploaded on the site, then please contact:hello@startv.com

Your email, which must bear your digital signature or a signed written complaint should include the following information:

i. Details of the objectionable Post;

ii. Details of the basis of the objection;

iii. Other relevant information required by Star to assess the complaint.

Star shall take all reasonable measures, including taking down the objectionable Post expeditiously. You agree and acknowledge that Star’s responsibility in relation to objectionable Posts is limited to removing them post receipt of Your objections in accordance with this Terms of Use and Star shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

Linked Destinations and Advertising

Part of this Site contains advertising and other material submitted to us by third parties. Although acceptance of advertisements on the Site on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage of these products or services advertised on our Site.

This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of Star or its management. All liability is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Site. While using this website for information purposes or otherwise, users acknowledge and accept the above disclaimer.

If Star provides links or pointers to other websites or destinations, You should not infer or assume that Star operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link within the Services, Star will not warn You that You have left the Services and are subject to the Terms and Conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms and Conditions to govern your use of another website or destination.

Star is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Star. By using the Services, You acknowledge and agree that Star is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.

Star takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Star is not liable for any loss or claim that You may have against an advertiser.

Support

If You have any questions, complaints or claims with respect to the Site, then such correspondence should be directed to the address as given below.

[STAR India Private Limited]

The contact information – hello@startv.com

Disclaimer of Warranties

You agree that use of the Services is at Your own risk. The Services including the Site, the Content, the Video Player, user material and any other materials contained on or provided through the Properties are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied.

Without limiting the foregoing, Star does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

Limitation of Liability

IN NO CASE SHALL STAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, STAR'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless Star, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms and Conditions and Your use of the Service.

Governing Law

The relationship between You and Star shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that Star has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.

Severability

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

Changes

Star reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be posted on the Website and will be effective immediately after such posting and thereafter incorporated into this Terms and Conditions. Your continued use of the Services will be deemed to constitute your acceptance of any and all such Additional Terms.

Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Star governing Your use of the Services, superseding any prior agreements between You and STAR regarding such use.

Contest - Terms & conditions

“Har Ghar Mein Hanuman” activity | 'The Ultimate Marvel Quiz' Contest | Cricket Connected Campaign | "The Wonder Years” (Contest) | “Sachin Sachin” campaign | John Wickathon Contest | ‘Indoor Cricket League’ Contest | Holi Beach Party Contest | 'Captain Marvel Twitter Thread’ Activity | Taare Zameen Par | SUPERSTAR MOM | “#Thank you Amma, #Sorry Amma” | BAAGHI 3 Movie Contest | Amul Mithai Mate MasterChef India Contest | "QnAlan” contest | 'Alita Battle Angel’ Activity | Super Singer Challenger Audition | 'Bhalobashar Shoptaho' Contest | Malang Contest | Shreya Ghoshal 2020 Live in London Concert Contest | Amul Mithai Mate MasterChef India Contest | “Star Ai Kelungal” contest | CHHAPAAK Movie Contest | Dance +5 Voting Rules | “#WhereHeartMeetsMind” contest | "Play2020" Contest | “Made in China- Promotions” Activity | Yeh Rishta Kya Kehlata Hai -#1000EpisodesofKaira Contest | Master Chef India Contest | Kalakka Povadhu Yaaru Season 9 | "StarMoviesPlayAt7" Contest | Wife Chethilo Life | “Dabangg 3” Movie Contest | “The ‘Good’ in ‘Goodbye’” | 'Masterchef Rooftop Dinners' Activity | Mardaani 2 Contest | Agnihotra 2 Contest | "Masterchef Experiences" Activity | Super Singer Junior Season 7 | Me Honaar Superstar | ‘WineOClock’ Contest | Deadpool | ‘Children’s Day with Star Movies’ Activity | 'Live Life Like Yogi' Contest | 'Super Singer' Contest | Super Singer Season 7 - Grand Finale | 'MasterChef Australia' contest | 'Superhero Origin' Contest | ‘The Boss Day’ Contest | MASTERCHEF INDIA SEASON 6 | HOUSEFULL 4 Movie Contest | 'Lilly on Star World' contest | “NAMMANE GOMBE" Contest | LOOTCASE Movie Contest | War Movie Contest | Mystery Suppers | Bigg Boss- Telugu -Season -3 | Dance Plus - Season 5 | Koffee Time Machine contest | Missed Call-e Bazimat Contest | BIGG BOSS - Telugu – Season-3 | Super Singer Junior Popular Choice| ‘Cricket Dhvani (voice of cricket)’ Contest | MISSION MANGAL Movie Contest | Dance Dance Junior - Season 1 | ‘How I Met My Bro’ Contest | Nach Baliye 9 | ‘#SkillingIt’ Contest | Bigg Boss- Telugu -Season -3 | “#LoveKBD” activity | ‘#Hakunamatatahacks’ Contest | 'Hamesha Sunega' Poll activity | ‘#WarriorOnSW’ Contest | Key rules & regulations governing participation in star quiz challenge 2019 | BIGG BOSS - Tamil – Season-3 | ‘#IncredibleFamilyOnStarMovies' Contest | Star Quiz Challenge 2019 Contest | ‘Celebrating Father’s Day' Activity | 'GOT Helpline' Activity | “WHO AM I?” contest | ‘X-men Mutant Month’ Contest | “#StarMoviesSpecialScreening” Event | DE DE PYAAR DE DE DE PYAAR DE Contest | ‘#CrimeTime’ (“Contest”) | “GOT Helpline” (‘Activity) | 'Student of the year 2' Movie Contest | "Select Dugout Pass” contest | Black Panther Contest | "Star Movies Avengers Pop up contest" | “#StarMoviesFirstDayScreening” event | Jeevlaga Contest | 'Sufiyana Pyaar Mera' Contest | Kulfi Missed Call Poll Activity | 'GOT Prophecies' Contest | Super Singer Junior – Season 1 | KALANK Movie Contest | Bayasade Bali Bande Contest | Family Cook Off Auditions | Bayasade Bali Bande Hosa Varsha Sambrama Contest | Asianet wonder kid UAE audition | “Jalsha Dekhun Shona Jitun Contest” | "The Voice" Missed Call Voting | Radha Krishn Holi Song Download | "What’s Your Superpower?" Contest | Star Asianet Wonder Kid Audition | ‘#FanBannaPadega’ Contest | Dove fresh face hunt contest | Game of thrones ‘#The Greatest Fan’ Contest | "Happy Weekend” Contest | Koffee Awards | “#StarMoviesSecretScreening” event | “GoT Quiz Night” activity | ‘#HappyOscarsToYou’ contest | “Autographed Koffee Mug” Kareena & Priyanka contest | ‘#SelectDugout’ Contest | Ek Tappa Out - on ground auditions | 'StarMoviesSecretScreening' Event | Autographed Koffee Mug Contest | “Pyaar Ke Papad” contest | “Total Dhamaal" Movie Contest | Star All Access & Asainet All Access Contest | "Autographed Koffee Mug" Contest Kartik & Kriti | "Autographed Koffee Mug" Contest Sidharth & Aditya | Bandhobi Program | Banglar Jalsha Event | Nan Hendthi MBBS campaign | “#StarMoviesSecretScreening” event | Autographed Mug Contest Rajkummar & Bhumi | WanderlustStories | “Autographed Koffee Mug” contest | Koffee With Karan – Ishaan And Shahid | "Class of 2019” contest | Autographed Koffee Mug contest | “#BeWhoeverYouWant” contest | #StarMoviesSecretScreening | "Autographed Koffee Mug" contest for Rhea,Sonam & Harsh | Autographed Koffee Mug Contest | the Voice Digital Audition | Zero Contest | “Watch and Win” Contest | “Autographed Koffee Mug” contest | "Autographed Koffee Mug" Badshah contest | Ami Shirajer Begum SMS Contest | Mounaraaga Campaign | "Autographed Koffee Mug" Ajay & Kajol Devgn Contest | “#SelectLegend” contest | Dance+4 Wild Card Performance | "Autographed Koffee Mug” contest | THE VOICE | #PapaKiPari | Pinky Memsaab - A Dubai Story Contest | “Autographed Koffee Mug” Contest | “#StarMoviesSecretScreening” Event | "Autographed Koffee Mug” contest | Swamini Mastani Paithani Contest | Thugs Of Hindostan Contest | “#SanjuWithDad” Activity | “#KoffeeWithKaran” contest | “Autographed Koffee Mug” Contest | #SayItLikeSanju | "Suii Dhaaga" Contest | Neeva Maharani Campaign | Star Parivaar Awards 2018 | #VenomOnCricketLive Contest | Putani Pantru - Season 3 | "#10YearsOfGourmet” contest | #StarMoviesSecretScreening | #StreeOnStarGold | Radha Krishn | Dil hai Hindustani - Season 2 | Dance Plus Season 4 | MasterChef Australia Contest | #SelectShortStories Event | Mutual Nondisclosure Agreement | Dance Plus – Season 4 India Auditions | Bigg Boss Housemate Hunt Contest | Dance Plus – Season 4 | #BookAdaptations Contest | Debi Choudhurani SMS Contest | #KeepItShort Contest | #MicUpfor TNPL’ Contest | "Suvarna Tamboola" Contest | Chhatriwali Sonyacha Paus Contest | Kannadada Kotyadhipati Season 3 Terms & Conditions in Kannada | Kannadada Kotyadhipati Public Caution Notice | “Deadpool Quiz” contest | "Kannadada Kotyadhipati” SEASON 3 | Dil Hai Hindustani-Season 2 | Dil Hai Hindustani-Season 2 Auditions India| Dil Hai Hindustani-Season 2 Auditions Russia | Crack the Code Campaign

“Har Ghar Mein Hanuman” activity

Terms & Conditions

The following are the terms and conditions governing the “Har Ghar Mein Hanuman” activity (“Activity”) hosted by Star India Private Limited(“Star India”) for the promotion of the program “ Ramayan” aired at 7:30 pm from Monday to Sunday on Star Plus SD and HD (“Channel”). The promotion of the Activity will take place across several platforms. The Activity shall be held on Star Plus Facebook profile at the URL https://www.facebook.com/StarPlus (“Facebook Page”) with the @starplus handle (“Facebook Handle”), on the Star Plus Instagram profile at the URL https://www.instagram.com/starplus/ (“Instagram Page ”) bearing the handle @starplus (“Instagram Handle”), on the Star Plus Twitter page at the URLhttps://twitter.com/starplus (“Twitter Page”) bearing the handle @starplus (“ Twitter Handle”).

The Facebook Page, Instagram Page, and Twitter Page are collectively referred to as the “Social Platforms”.

The Activity invites interested persons (“ Participant(s)/You”) to participate in the Activity by following the mechanism detailed herein and using the hashtag#HarGharMeinHanuman” (“ Hashtag”) and tagging the Facebook Handle/Instagram Handle/Twitter Handle (as the case maybe) and following all required mandates herein below for the Activity Period ( as defined below).

The Activity shall commence on May 27, 2020, from 10:00 am IST onwards, and end at 11:59 pm IST on May 28, 2020 (“Activity Period/Period”).

Any information gathered through this Terms and Conditions including the Entry (as defined herein) shall be subject to Star India’s Privacy Policy (as defined below) incorporated herein by reference.

Star India will have access to and collect information and data shared by the Participants including their personal information, photographs of the Participants and/or their child/children for the purposes of the Activity (“Data”). By participation in the Activity, the Participants hereby consent to the collection, storage, disclosure, processing, transfer of land sharing of the Data by Star India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating it is deemed that the Participant(s) have read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions of the Activity and Privacy Policy. If you do not agree to be bound or cannot comply with any of the Terms and Conditions and the Privacy Policy, please do not continue. Your act of participating in the Activity shall be deemed to be your absolute agreement to the Terms and Conditions, Privacy Policy (incorporated herein by reference)of STAR India as prescribed from time to time. The Activity shall be governed by the Principal Rules and General Rules of these Terms and Conditions stated herein below, the Privacy Policy and all the Participants in the Activity shall unconditionally accept and agree to comply with and abide by the same.

I. PRINCIPLE RULES

1. To participate in the Activity, the Participant(s) shall follow the procedure as detailed below. Person(s) who do not comply with the following criteria should not submit an Entry.

i. Participant(s) must be citizen and resident of India and of 18 (eighteen) years of age or above at the start date of the Activity Period.

ii. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity.

iii. Employees of and/or consultants of and/or persons hired on contract by Star India and/or its affiliates and the members of their immediate family member(s) are ineligible from participating in the Activity.

iv. All Participant(s) must have a valid Facebook, Twitter, and/or Instagram account to be eligible to participate in the Activity. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a Facebook, Twitter, and/or Instagram account opened and operated by a family member and/or friend of the Participant(s).

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

2. Activity Mechanism

i. Star India invites all the interested Participants to review the posts shared by Star India on its Social Platforms (“Activity Post”) during the Activity Period and respond by posting the original photograph(s) in JPEG format having high resolution as described herein below and in the Activity Post in relation to the Activity on the Social Platforms.

ii. The Participants shall participate in the Activity by submitting on the Social Platforms, a picture/photograph of themselves or their child/children dressed as Hanuman. The Participants shall use costume/clothes/items available in their homes only and are strictly advised against going out of homes to buy/borrow costume/clothes/items for this Activity. All participation including without limitation any photography shall take place from the Participants’ home only.

iii. Participant(s) are required to submit pictures/photographs of themselves or their child/children by sharing it on from their own Facebook, Twitter, and/or Instagram pages, tagging the Facebook Handle, Instagram Handle, and Twitter Handle (as may be applicable) as displayed on the Social Platforms, and using the Hashtag (“Entry/ Entries”).

iv. Entries submitted without tagging the Facebook Handle, Instagram Handle, or Twitter Handle, (as the case may be), and/or without using the Hashtag, shall be considered null and void, and such Entries shall not be considered to be valid Entries.

v. It is the sole responsibility of the Participant(s) to ensure that the Entry submitted does not infringe and/or violate the rights of any third party including rights in any intellectual property, privacy and/or personality rights and shall be original in form. It is the sole responsibility of the Participant(s) to ensure that all necessary consents and/or permissions have been procured for the Entry.

vi. The Participant shall ensure that the Entry has not prior to the submission in respect of the Activity, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;

vii. The Participant shall ensure that the Entry 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.

viii. The Participant(s) shall ensure that the Entry is decent and is not immoral, derogatory, abusive, offensive, insensitive, libelous or blasphemous to any person, occupation, gender, age group, religious sect or section of the society, defamatory of any person deceased or alive, etc. The Participant shall also ensure that the Entry will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, insulting, annoying, hurting religious sentiments, national sentiments, in violation of any applicable laws.

ix. Each Participant shall follow the terms of use for Facebook, Twitter, and Instagram. Failure to comply with the same shall render the Participant(s) Entry invalid.

3. The Participant(s) sharing pictures/photographs of their child/children as Entries, hereby agree that in the capacity of a legal guardian/natural parent of the child/children, the Participants are authorized and legally competent to extend the permissions included in these Terms and Conditions, in respect of such Entries including use/exploitation of such Entries by Star India in the manner specified herein.

4. In an unlikely event if the Repost is postponed or delayed or cancelled for any reason whatsoever, then Star India will not be held responsible.

5. Each Participant agrees and acknowledges that Star shall be entitled to repost/share the Entries of the Participant and/or the pictures/photographs of the Participants or Participants’ child/children as submitted by the Participant, on the Social Platforms anytime between 10:00 am IST on May 27, 2020 and 11:59 pm IST on May 30, 2020 (“Repost”). The Repost shall be decided at the sole discretion of Star India.

6. In an unlikely event if the Repost is postponed or delayed of cancelled for any reason whatsoever, then Star India will not be held responsible.

7. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by Star India from time to time and/or the terms of use of Facebook, Twitter, and Instagram will make such Participant’s Entry(ies) null and void.

8. The Participant hereby acknowledges and agrees that Star India has the right to develop, exploit and/or utilize the Entry for the aforementioned purposes, as Star India may deem fit at their sole discretion. The Participant understands and agrees that he/she may be required to execute a separate written agreement(s) with Star India, if requested by Star India, in respect of the Entry submitted and its future development (if at all), by Star India, its licensors’ and its affiliates.

9. In consideration of being giving an opportunity to participate in the Activity, the Participant hereby assigns all rights, title and interest in and to the Materials in favour of Star India for Star India’s exploitation on its Social Platforms. The Participant agrees and has no objection to Star India’s right to develop/adapt/modify/change the Entry, creatively as deemed fit by Star India.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. The Participant agrees and declares that the Participant has waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to his/her participation in the Activity and submission of the Entry.

“Intellectual Property” means and includes all photographs, images, representations, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Entry including any form of photographs, pictures, stills, images, representations, literary works, artistic works made by the Participant(s) or compilation and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

10. The Participant(s) hereby allows the face, image, biographical data, name, signature, voice, photographs of the Participant(s) and/or the Participant’s child/children (‘Likeness’) to appear on and be used in connection with the Activity, all means of exploitations, distribution including, but not limited to, the press, internet, television. Star India reserves the right to use, in any manner whatsoever, in part or in whole the Likeness.

11. The Participant shall be responsible to apprise the respective individuals appearing in the picture shared by the Participant and the contents of these Terms and Conditions. The Participant shall be solely responsible to obtain consent(s) from the respective third party(ies) for the individual(s), location(s), event(s), etc. which form part of the Entry, if any and Star India shall not be responsible in any manner whatsoever.

12. For the purposes of this Activity, by uploading and /or submitting the Entry, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and other applicable policies of Social Platforms. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Entry on the platform in any other format other than that prescribed by such platform having an unclear image quality will be deemed invalid and will be disqualified from the Activity without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and the respective owners/licensees of the social media platforms shall be resolved directly with such owners/licensees, without any recourse to Star India.

 

II. GENERAL RULES

1. Star India reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity without any recourse and/or liability to any/ all of the Participant(s) whatsoever and without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Activity and the Privacy Policy on the website of Star India i.e., www.Startv.com. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER, AND/OR INSTAGRAM.

2. Star India may at its sole discretion extend or curtail the Period of the Activity or may suspend or abandon the same at any time without any prior notice of the same.

3. Entries sent after the Period will not be considered for the Activity and shall be deemed null and void.

4. Participant(s) shall at all times ensure that the Entry adheres to the applicable laws in force in the territory of India.

5. Participant(s) must enter the Activity on his/her own behalf and Entry(ies) by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Entries from more than one Facebook/Instagram/Twitter account, Star India reserves the right to disqualify such Participant(s) from the Activity.

6. Each Entry shall be checked by Star India inter alia, if the Entry follows the aforementioned rules. The decision of Star India shall be final and binding. The Participant(s) agrees and confirms that the Participant(s) shall at no time challenge such decision of Star India and/or raise any claims or disputes in relation to the same.

7. Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Post”, “Submit”, or other functionally similar button (as applicable to Facebook, Twitter, and Instagram). Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India. 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 internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India. For the avoidance of doubt, by submitting the Entry, the Participant(s) is representing that the Entry or any part thereof is not confidential or comprise any sensitive personal information.

8. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information. For the purposes of these Terms and Conditions, “Sensitive Personal Information” shall bear the meaning ascribed to it under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and shall include information relating to password; financial information such as Bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information. For the purposes of these Terms and Conditions, the term “confidential information” shall mean any and all information which may be of a confidential nature to the Participant(s) and/or to a third party and the Participant(s) is not authorized by such third party to reveal such information. For the avoidance of doubt, all information provided by the Participants in the course of the Activity shall be submitted to Star India and not to Facebook, Twitter, or Instagram.

9. Star 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 Star India is unable to Repost.

10. Star India reserve the right to disqualify any Participant(s) from participating in the Activity if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to reject any “Entry” or any part thereof at any stage of the Activity, including after the Repost, if Star India:

a. receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party

b. determines at its sole discretion that the Entry inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, 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, defense, 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 Star India in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Star India.

11. In no event shall the Participant dispute the Repost made by Star India or its employees in connection to the Entry and /or the Activity. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or the process to qualify for the Activity, the decision of Star India shall be final and binding.

12. The Participant(s) agrees and confirms that the Participant(s) shall not be entitled to any gratification at any time.

13. The Participant(s) agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Repost.

14. The Participant(s) agrees that if due to any reason, whatsoever, beyond the control of Star India the Repost and/or anything in connection to the Repost and/or the enjoyment of the Repost becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same.

15. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Activity and/or Repost.

16. Star India reserves the right to forfeit the Repost in the event it is found by Star India that any information including but not limited to Data provided by the Participant(s) is wrong, fraudulent or any misrepresentation is made by the Participant(s).

17. The Participant(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

18. Each Participant(s) consents to the use of information supplied by the Participant(s) for the purposes as set out in these Terms and Conditions. The Participant(s) agrees and confirms that such contact details shall be their own, and the Participant(s) shall at no time submit any contact details which belong to a third party.

19. The Participant(s) shall fully indemnify, defend and hold harmless, Star India its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms and conditions hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the material submitted forming part of the Entry and/or the Activity during the Activity Period and/or enjoyment of the Repost.

20. The Participant(s) of the Activity agrees that he/she shall make himself/herself and his/her child/children available from time to time and co-operate with Star India and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Participant(s). Further, the Participant(s) shall at no point of time refuse or disagree regarding participation in any such Promotional Activity for any reason whatsoever.

21. Each Participant acknowledges and agrees that:

a) The Participant has read, understood and accepted the Privacy Policy and understands and agrees that the Participant’s Data is subject to the terms of these Terms and Conditions and the Privacy Policy.

b) The Data may be collected by Star India pursuant to the Terms and Conditions, in connection with the Activity and it may be necessary for Star India to collect the Data for the Activity and the uses set out below in (c) below.

c) The Data will be used in respect of the Activity on any platforms including channel(s) owned by Star India.

d) The Data may be shared by Star India with any designated third parties, as deemed fit, in connection with the Activity.

e) The Participant has the rights to: (i) review his/her Data for deficiencies and inaccuracies, and request Star India to correct or amend the Personal Information, to the extent deemed feasible by Star India; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that Star India shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Data prior to such withdrawal of consent or request for correction or amendment of Data. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Participant’s Data, Star India shall be entitled to disqualify the Participant’s entry and/or participation in the Activity, as deemed fit and necessary by Star India at its sole discretion.

f) All the Data submitted by the Participant is true, correct and complete in all respects and in no event will Star India and/or its affiliates be liable for either of the authenticity of the Data or any inaccuracies or deficiencies in the Data. Star India has provided the Participant with the option to opt out of providing the Data, and the Participant has not exercised such option.

22. The Participant will be solely responsible for complying with the terms stipulated by Social Platforms to submit Entry on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.

23. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by the Participant. Notwithstanding 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. Further, the Participant in consideration of participating in the Activity, hereby grants a royalty free, non-exclusive, irrevocable, perpetual, freely sub licensable license to Star India for use of the Entry in the entire world in any media deemed fit.

24. The Participant agrees that the Entry and participation in the Activity shall be at the Participant’s sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Activity. Star India makes no warranties or representations about the accuracy or completeness of the content on the social media platforms or the content of any websites linked to the social media platforms and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social media platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participants’ access to and use of the social media platforms, (iii) any unauthorized access to or use of 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 the social media platforms (v) any bugs, viruses, trojan horses, or the like which may be transmitted to 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 including loss of Entry, 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.

25. The Participant(s) acknowledges that in case the performance of this Activity 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 Star India shall be at liberty and upon their sole discretion to terminate any such participation of a Participant forthwith and such decision shall be final and binding on the Participant(s).

26. By participating in the Activity, it shall be construed that the Participant(s) has waived his/her right to raise any dispute with regard to the Activity and/or the Repost and/or any decision of Star India, in any manner whatsoever.

27. Participant(s) participating in the Activity hereby acknowledges and agrees that the relationship between Star India and its affiliated companies and them is not a confidential, fiduciary, or other special relationship.

28. The Participant(s) agrees and confirms that in the event that the Participant(s) does initiate a claim, proceeding, suit, action, against Star India, in connection with the Activity and/or Repost, and/or any technical defect in the receipt of the Entry, the sole and entire compensation to be awarded to the Participant(s) in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to the shall be limited to INR 500/- (Rupees Five Hundred only).

 

29. The Participant undertakes that the Participant shall adhere to the policies of Star India as informed to the Participant from time to time. The Participant 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, code of conduct. The Participant’s attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

30. The Participant hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to the Participant from an employee or representative at Star India in connection with this Activity; and agree to make no public press announcements or information for publication without the explicit approval of Star India.

31. The Participant 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 into public disrepute.

32. Participant(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.

33. Participant(s) acknowledges that Participant’s representations, warranties, indemnities, grant of rights in the Materials , dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

 

34. These Terms and Conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Activity shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, 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. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s).

35. Subject to the provision of Clause 34 above of the General Rules, 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 Mumbai, India.

36. 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 Participant and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Participant and Star India, in this connection.

37. The Participant hereby acknowledges that the Participant’s participation in the Activity is voluntary and out of his/her free will and consent, without any monetary compensation whatsoever.

38. The Participant hereby acknowledges that the Participant has fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.

39. In case of any queries in relation to this Activity, you can write to hello@startv.com. Star India shall endeavour to reply to the same within a reasonable time.

'The Ultimate Marvel Quiz' Contest

Terms and Conditions

Please read the following Terms and Conditions very carefully before entering this contest “The Ultimate Marvel Quiz” (“ Contest”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘ T&Cs’) govern Your participation in this Contest to be held on Star Movies Twitter profile at the URL https://twitter.com/starmoviesindia (referred to as “Handle”) on May 17, 2020 from 11:00 AM to 11:59 PM (“Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘ You’ / ‘Your’) agree and confirm that: (a) You are voluntarily participating in the Contest and/or submitting the Content (as defined below), (b) Your participation in the Contest is subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions, Privacy Policy (defined below), terms of use and user generated content of Star India as prescribed from time to time, and (c) You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. You hereby agree and understand that Star India will have access to and collect the Participant’s Personal Information (as defined below) as submitted by the Participant(s), and the Participant hereby consents to the collection, receipt, storage, processing, transfer, use, disclosure, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and/or designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Contest and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and/or the Privacy Policy, then the Participant is requested to not continue to submit any Content (as defined below). Your failure to accept or comply with the provisions of these Terms & Conditions and/or the Privacy Policy will disqualify you from participation. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

1. Principal Rules for Participation:

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

i. The Participant should be an Indian citizen residing in India. This Contest is not available for Non-Resident Indians or Indians residing outside territory of India or Indians holding dual citizenship;

ii. The Participant should be of 18 (eighteen) years of age or above to be eligible to enter this Contest;

iii. The Participant should be well versed in the English language - both written and spoken;

iv. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to exploit the Content in any manner;

v. The Participant should have proof of age and educational qualification including but not limited to scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) or such information as may be requested by Star India (“Personal Information”) to confirm the eligibility of the Participant and these must be mandatorily submitted by the Participant to Star India upon request;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees, affiliates, directors and representatives of Star India and/or their immediate family member(s) are not eligible to participate in this Contest.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. 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 the Content and registration of Participant (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 paragraph 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:

a) Star India invites all the interested Participants to review such number of trivia questions as shared/posted by Star India multiple times on its Handle during the Contest Period (“Questions”) and respond to the relevant Question(s) by providing the correct answer by way of a comment to such Question(s) along with the Hashtag and Tag in the manner required by Star India.

b) The comment should not exceed 280 characters in English language.

c) The time period for answering a particular Question shall start from time the Question is shared by Star India on its Handle and shall end once the next Question is posted on the Handle by Star India (“ Answer Period”). For sake of clarity the Answer Period for the final Question shall end when the Contest Period ends.

d) Only comments submitted, in the manner above, within the Answer Period (“Content/ Entry/Entries”) shall be considered for the purposes of this Contest.

e) The Participant is encouraged to participate in the Contest by (i) correctly answering as many Question(s) as he/she can, and (ii) in the shortest amount of time possible, in order to maximize his/her chance of winning. However, in case of multiple comments received by a Participant to any particular Question, only the “first” comment received from such Participant shall be considered for the purpose of the Contest. The Participant(s) agrees not to spam and/or post/comment multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

f) The Participant (s) should only submit Content which is:

i. Relevant to the Contest as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest. For sake of clarity, each Question posted by Star India shall be unique and may or may not have multiple choice answers for the Participant to choose from.

ii. uploaded on the Handle by using the hashtag #EndGameOnStarMovies(“Hashtag”) and tagging @StarMoviesIndia (“ Tag”).

iii. original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third party and/or privacy/personality rights.

iv. has not prior to the Content, been pitched or shared or presented to Star India and /or 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. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights 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 3.8 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. Contest Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content on the Handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Handle and/or from more than one account of Twitter, Star India reserves the right to disqualify such Participant(s) from the Contest.

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 15 (fifteen) working days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all Entries received on each of the Questions within the respective Answer Period(s), Participants whose Entries are valid and compliant with the aforesaid parameters mentioned in paragraph 1.2 above shall be shortlisted (“ Shortlisted Participant(s)”). Out of these Shortlisted Participants, the top 100 (One Hundred) Participants who have (i) correctly answered the most number of Questions (ii) in the least amount of time (basis the Twitter time stamp on each comment submitted by the Participants to each Question), shall be declared as winners of the Contest (“Winners”). Such Participant(s) from the Winners who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid documents to the satisfaction of Star India shall be entitled to win the Prize.

The Winners will be contacted via direct message (“ Private Message”) on the their respective Twitter handles to provide their name, age, email id and phone number (“ Contact Details”) to hello@startv.com within 24 (twenty four) hours of such Private Message. In the event any Winner(s) fails to submit their details within the aforementioned time their Entry shall be invalidated.

Upon receipt of the Contact Details, Star India shall contact the Winners via email to submit documents relating to their Personal Information within 24 (twenty-four) hours of such email. In the event, any Winner(s) fails to submit such documents within the aforementioned time, his/her participation shall be invalidated, and Star India shall have the right to withdraw his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty-five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within the timelines as specified above, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star India may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners. All decisions of Star India in respect of choosing Winner(s) shall be final and binding and no correspondence shall be entertained in relation to any decision made by Star India in this regard.

Upon successful communication and acceptance of the Prize by the Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, the Winners agree that he/she shall be required to execute a separate written agreement(s) with Star India in respect of the Content submitted and its future development (if at all), by STAR India’s licensors’ and its affiliates, and shall further set out the rights and obligations of the parties, at that point of time. The Winners agree and acknowledge that the execution of a written agreement is a material condition for developing, exploiting or utilising the Content for the aforementioned purposes, as it/they may deem fit at their sole discretion. The Winners hereby 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 the Contest entirely confidential.

Stage 4: Winners and Prize

The Winners of the Contest shall win the following prizes based on the ranking assigned to the relevant Winner, basis submission of his/her Entry, at the sole discretion of Star India (“Prize”):

a) Winners at rank 1 and rank 2 shall be eligible to receive (i) a poster of the movie “Avengers: Endgame” signed by the movie’s director Mr. Joe Russo; (ii) a Star Movies branded popcorn maker; (iii) a Star Movies branded headphone; and (iv) a Star Movies branded t-shirt/diary;

b) Winners from rank 3 to rank 20 shall be eligible to receive a Star Movies branded popcorn maker;

c) Winners from rank 21 to rank 70 shall be eligible to receive a Star Movies branded headphone; and

d) Winners from rank 71 to rank 100 shall be eligible to receive a Star Movies branded t-shirt/diary.

Notwithstanding, the Prize disclosed above, the Participants agree and acknowledge that the Prize to be awarded to the Winners may be changed or modified at the sole discretion of Star India. All decisions of Star India with respect to the Prize shall be final and binding on all the Participants and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

Star India shall courier the Prize to Winner to the address (in India only) as provided and confirmed by the Winner through the documents as submitted by them under the Terms and Conditions of this Contest. Given the lockdown by the relevant State Governments, due to the COVID-19 pandemic, Star India shall endeavor to deliver the Prize to the concerned Winner within 3 (three) months from the date he/she is informed of winning the Prize. However, in case of any further delay due to the extension in lockdown by the Central and/or State Government, Star India shall deliver the same once the lockdown is eased and/or suspended. The Participant will be informed of the same together with the tentative delivery date for the Prize. Any delay by Star India in delivering the Prize to the Winner shall not amount to breach by the Star India and/or its licensors and/or its rightsholders of these Terms and Conditions.

Upon dispatch of the Prize, in case during transit, if any loss/damage etc. is caused / incurred, Star India and/or its licensors and/or its rightsholders will not be liable for any such loss/damage etc. Star India and/or its licensors and/or its rightsholders shall not be responsible if the delivery is not possible due to reasons including but not limited to incorrect address provided by the Participant, package being unclaimed, etc. Further, Star India and/or its licensors and/or its rightsholders 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 is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Winner.

The Winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time. It is clarified that the Prize is non-transferable and may not be exchanged for cash. If the Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms and Conditions, the Prize will be forfeited and awarded to an alternate winner(s) unless otherwise stated, at STAR India’s sole discretion. All Prize(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Winners do not accept or agree to the Terms and Conditions as stated herein, the Prize shall remain with STAR India, who on its own discretion may offer the same to the next eligible winner. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winner and the Winner cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

Star India and/or its licensors and/or its rightsholders shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, the Star India reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold Star India and/or its employees, and/or Star India’s licensors and/or its rightsholders and/or any of their employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its affiliates, and/or its licensors and/or its rightsholders, and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India and/or its licensors and/or its rightsholders shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India and/or its licensors and/or its rightsholders cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India and/or its licensors and/or its rightsholders, be responsible or liable for the same in any manner whatsoever.

Star India and/or its licensors and/or its rightsholders is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any Personal Information including but not limited to any documents in this regard provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. In such a case, Star India shall have the right to declare another Shortlisted Participant(s) as the Winner of the Contest and transfer the Prize to that person.

The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the applicable Hashtag and the Tag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the applicable Hashtag and/or Tag, and/or which is not original or which is repetition or if the Participant(s) does not satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s exploitation worldwide and in perpetuity via all modes and mediums, now existing or that may come into existence in the future. The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, in any manner as deemed fit by Star India. The format of the Contest is the intellectual property of Star India and the Contest and/or any part thereof shall not be used by any third party. Star India reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Contest and submission of the Content.

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 submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights 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 of the Content 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 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 Entry and/or submission of the Content 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 personal data including 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 and/or its licensors and/or its rightsholders 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 of Content 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 Content): 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 privacy laws for the time being in force;

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

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. that impersonates another person;

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

j. 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 offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners 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 or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India and/or its licensors (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; (v) if any representation, warranty or Personal Information made by You turns to be untrue, false and/or inaccurate; and (vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize. 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.

3.10. You acknowledge and confirm that neither Star India, nor licensors nor any of their affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Winners. This Contest is in no way sponsored, endorsed or administered by Star India, its licensors, or any of their respective affiliates. The Participant(s) and Winners unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and each of their affiliates from any and all liability in connection with this Contest and the Prizes thereof.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content 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 and/or its licensors 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 of Content.

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency of Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India.. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. 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 internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of the Star India, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with Star India worldwide in perpetuity and Star India is entitled to exploit the same in any manner it may deem fit.

4.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Content, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet on the Twitter platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter, as the case may be. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter shall be resolved directly with Twitter, as the case maybe, without any recourse to Star India and/or its licensors.

4.6. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using Twitter while roaming in different circle/ zone, additional roaming rates may apply. Star India and/or its licensors shall not be responsible for any such charges incurred by the Participant.

4.7. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).

4.8. 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 this Contest 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;

4.9. 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, to the maximum extent permissible under law, any legal right that You may have to protest and/or dispute the decision of Star India;

4.10. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process of the Content and/or qualification of an Participant(s), STAR India and/or its licensors 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;

4.11. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.12. You hereby agree and undertake that, Star India and/or its licensors are 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 Participants in any manner whatsoever, in relation to the Contest;

4.13. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.14. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets submitted by You.

4.15. Star India and/or its licensors 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 Contest is delayed or postponed or cancelled;

4.16. Star India reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.17. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. 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. Further You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

4.18. 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 (in part or whole) is not in compliance with the Terms and Conditions herein;

4.19. Star India and/or its licensors shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, 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;

4.20. Star India shall and/or its licensors not be responsible if any selected Participant 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 Participant misses his/her chance. In this case, the Participant undertakes to not hold Star India and/or its licensors responsible for the same;

4.21. Star India and/or its licensors shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Contest and You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.22. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and their affiliates, and each of their respective 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;

4.23. You hereby understand that Star India and/or its licensors make no representation and/or warranties regarding the Contest 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;

4.24. Limitation of liability: By submission of the Content, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Contest 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, its licensors, rightsholders, and/or their respective affiliates, 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 entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.25. 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 and/or its licensors’ 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;

4.26. 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 of the Content 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.

4.27. The Participant acknowledges and confirms that neither Star India’s licensors nor any of Star India licensors’ affiliates, parent companies, subsidiaries, directors, officers, professional advisors, employees, and/or agencies, are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participant or any aspect of the Contest.

4.28. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors and their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Star India and/or its licensors make no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this 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 the social media accounts / 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 social media platforms/ Contest 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.

4.29. Star India and/or its licensors are 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 Participant in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

4.30. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prizes of the Contest is through participation as described in these T&C. Any person claiming that he/she can help You win the Prizes of the Contest for a consideration is defrauding You.

4.31. 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, code of conduct, Your attendance may be withdrawn or subject to limitation upon Star India sole discretion.

4.32. You hereby acknowledge that in case any portion/clause of these T&C 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;

4.33. 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 this Contest; and agree to make no public press announcements or information for publication without the explicit approval of STAR India.

4.34. 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;

4.35. 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.

4.36. 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 its licensors into public disrepute.

4.37. The Contest shall be null and void in any jurisdiction where prohibited by law.

4.38. 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 this Contest, 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 Participant who has raised a dispute.

4.39. Subject to the provision of Paragraph 4.39 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.

4.40. You acknowledge that in case the Contest 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 Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.41. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. If You do not comply with the T&C, Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.42. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.43. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.44. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Contest is voluntary and out of You free will and consent, without any monetary compensation whatsoever.

4.45. You acknowledge and agree that upload and submission of Your posts/tweets does not necessarily entitle you to win a Prize.

4.46. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.47. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.48. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.49. 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.

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

4.51. In case of any queries in relation to this Contest, you can write to hello@startv.com. Star India shall endeavour to reply to the same within a reasonable time.

Cricket Connected Campaign

TERMS AND CONDITIONS

THIS CAMPAIGN IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER AND/OR INSTAGRAM.

 

The following are the rules for the “Cricket Connected” campaign (the “Campaign”) hosted and conducted by Star India Private Limited (“STAR”). Any personal information gathered pursuant to this Campaign shall be subject to the Company’s personal data privacy policy and website privacy policy, available at http://www.startv.com/legal-terms-policies/#pdp and http://www.startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which is incorporated herein by reference. This Campaign shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “Terms and Conditions”) as stated hereunder.  By participating in the Campaign, the Participant agrees to be bound by these Terms and Conditions and represents that the Participant satisfies all the eligibility requirements set out herein below. The Participant agrees and confirms that the Participant has voluntarily participated in the Campaign and/or submit the Entry (as defined below) subject to Participant’s unconditional acceptance to comply with and abide by the Terms and Conditions. If the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Campaign. By participating in this Campaign and uploading and submitting the Entry in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted, accepted, agreed and consented to irrevocably, unconditionally abide by and be bound by the terms and conditions including these Terms & Conditions and to the Privacy Policy.  

  • Principal Rules
  1. The Campaign will be conducted from 6th May, 2020 to , 20th May 2020 or such other date(s) as may be decided by STAR at its sole discretion and announced by STAR (“Campaign Period”).
  1. The Campaign aims to test the creative skills of the viewers. Each week of the Campaign Period, Star shall give the audience a challenge of batting or bowling or fielding. Viewers are share their most innovate way of solving the challenge (while maintaining all social distancing and safety norms per applicable laws). The Campaign will run in the manner described hereinbelow:
  • All the participants in the Campaign must be citizens of India residing in India during the Campaign Period and shall have completed at least 18 (eighteen) years of age as on the date of submitting an entry for participating in the Campaign (the “Participant”); and
  • All Participant(s) must have any of the following a valid personal: (i) Facebook, (ii) Twitter and/or (iii) Instagram account/ page/ handle (each a “Social Media Account” and collectively “Social Media Accounts”) to be eligible to participate in the Campaign. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a Facebook, Twitter and/or Instagram account (as applicable)opened and operated by a family member and/or friend of the Participant(s); and
  • Campaign Mechanism:
    1. Call for Entry: STAR shall publish an audio-visual clip, inviting for entries from eligible Participants, for the Campaign (“Star CFE Clip”), on its official social media handles / pages i.e.

      @starsportsTamil on Twitter & Instagram

      @starsportsKan On Twitter

      @starsportsTel on Twitter (collectively called “Handles”) and via on air promo on the Company’s channels.

    2. Entry Mechanism:
      1. Interested Participants may participate in the Campaign by creating an audio-visual clip in any video format, of a minimum duration of 2 seconds and a maximum duration of 20 seconds, where the Participant will be shooting a challenge solving video. (“Entry”).
      2. The Participant should upload their Entry as a publicly visible post, via their personal handles / pages / profiles on any of their personal Social Media Handles and shall: (A) emailing their Entry videos to Star at hello@starsports.com and (B) uploading their Entry videos on their Handles while using  the campaign hashtag (#CricketConnectedChallenge) in the Entry post uploaded.
      3. The Entry must be uploaded to the Participant’s relevant Social Media Account on or before 23:59 hours on 20th May, 2020 (“Closing Time”); and  
  • Any Entries which do not adhere to the requirements of the Entry Mechanism other requirements under these T&C shall not be considered valid and shall be deemed to be null and void without any intimation by STAR.
  • Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Campaign. For the sake of clarity, if a Participant(s) has submitted his / her entry first with the incorrect entry and subsequently with the correct entry, only the first Entry shall the considered for the Campaign, the subsequent entry shall be considered null and void. It is further clarified that if a Participant uploads the Entry on different Social Media Account, only the first Entry will be considered for the Campaign and all subsequent entries on different Social Media Account shall be considered null and void.
  • From the total pool of valid Entries received for the Campaign from Participants upto the Closing Time, a panel of such representatives with  required expertise as STAR may decide in its sole discretion ("Panel”), based on such criteria as may be determined by STAR in its sole discretion including but not limited to creativity, screen presence, video quality shall select 9 highest rated Participants on the Company’s channels  as they deem fit, as the winners of the Campaign (“Winners”). The decision of the Panel in selecting the Winners from amongst the Participants shall be final and binding upon all the Participants. The decision of STAR for all other matters relating to the Campaign shall be final and binding upon all the Participants. 
  • STAR will reach directly to the Winners via their Social Media Account at any time including before the Closing Time and request the Winners to upload the Entry in the dropbox link shared by STAR. STAR will be using such videos as and when it deems fit.
  1. Each Participant shall follow the terms of use for Facebook, Twitter and Instagram (as applicable). Failure to comply with the same shall render the Participant(s) Entry invalid.
  1. For the purposes of this Campaign, by uploading and /or submitting the Entry, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and other applicable policies of Facebook, Twitter and Instagram (as applicable). It is further clarified that such platforms reserves the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to STAR. Any Entry on the platform in any other format other than that prescribed by such platform having an unclear image /video quality will be deemed invalid and will be disqualified from the Campaign without any prior intimation by STAR. Such decision of STAR shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and the respective owners/licensees of the handle shall be resolved directly with such owners/licensees, without any recourse to STAR.
  1. The Entry uploaded by the Participant must be original and authored by the Participant(s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third party and/or privacy/personality rights.
  1. The Participant will be solely responsible for complying with the terms stipulated by Facebook/Instagram/Twitter as applicable, to submit Entry on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.
  1. The Participant 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.
  1. The Participant agrees that there will be no music in the video uploaded by the Participant.
  1. The Participant agrees that submission of low resolution images and/or low resolution videos may lead to disqualification of the entry. The Participant are requested to share high resolution images and/or videos.
  1. The Participant represents and warrants that:
    • The Participant is the sole creator / author / owner of the Entry and that, no rights vest in any other party in respect of the content uploaded/ submitted by them. Nothing in law, contract or otherwise restricts the Participant from submitting the Entry or part thereof and the Participant is fully authorised and entitled to submit the Entry;
    • All rights, including all copyrights and other intellectual property rights in respect of the content in its entirety vests in the Participant and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Entry 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;
    • No rights in and to the Entry have previously been granted to any third party, nor has the Entry been otherwise exploited in any way, either by the Participant or by any third party/ (ies);
    • The Participant has not prior to the submission of the Entry 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 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 Entry 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 Entry is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;
    • The details and any other information given by the Participant in connection with the Entry and/or submission of the content is true and accurate and that STAR is not/ shall not be responsible for verifying any information submitted by the Participant;
    • The Entry does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which the Participant 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 Entry does not contain any sensitive personal data or information;
    • The Entry 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 to criminal or civil claims;
    • The Entry shall not include any advertisements or solicitation of any business/es:
      • The Participant undertake to ensure that the submission of Entry is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly the Participant shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the content): that belongs to another person and which the Participant do not have right to;
      • 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;
      • that harm minors in any way;
      • that infringes any patent, trademark, copyright or other proprietary rights;
      • that violates any privacy laws for the time being in force;
      • that violates any law for the time being in force;
      • that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      • by impersonates another person;
      • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      • 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 offence or prevents investigation of any offence or is insulting any other nation.
  1. As gratification to the Winners, they get a special commentary video of them playing cricket in their Entry video from one of the experts empaneled by Star and a shout out from the Star official Handles. Additionally, each Winner shall get a Suresh Raina autographed bat (“Prize”). STAR shall have the sole and absolute discretion to decide the final content and duration of the Winner’s Entry video and shall have full rights to edit, modify, translate and/or adapt the same to suit its editorial / content requirements to use on its channels.
  1. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other technical/regulatory difficulties of such nature, due to which the Winner Film(s) (or any part thereof) of a Winner Film cannot be broadcasted as a promotional audio visual clip on Star Sports NetworkHandles as STAR may deem fit, as per paragraph 11 above.  
  1. STAR reserves the right to forfeit the Prize(s) in the event STAR has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. STAR shall have the right to declare any of the other Participant(s) as the Winner(s) of the Campaign, at its discretion, and to provide the Prize to such other Participants. The Winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any failure or delay in featuring the Winner Film in Star Sports Network, Handles, as STAR may deem fit. STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Campaign. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications or the Campaign in general.
  1. The Winners agree that Prizes cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prizes will be awarded to any of the Winners and they cannot exchange the Prize for cash or a gift of similar value. The Campaign or the Prizes cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record any part of the Campaign and to telecast the same on STAR’s channels and platforms or to otherwise mention it on its channels and platforms. If any of the Winners refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards such Winners in connection to the Prize or otherwise.
  1. All Entries from the Participants as per paragraph 2(C) above must be received during the period indicated therein. Entries received before or after the indicated period will not be considered for the Campaign and shall be deemed null and void without requirement of any further intimation by STAR.
  1. STAR and/or its group companies shall not be responsible in the event that any of the Entries (as per paragraph 2 above) are not viewable by STAR or the Participant(s) is/are unable to participate in the Campaign due to any network/connectivity problems, breakdown in machinery or any other technical error of any nature whatsoever. For the purposes of these Terms and Conditions, an Entry shall be considered “viewable” by STAR only after STAR has opted to view such an Entry and has successfully viewed such Entry of the Participant. Any automated confirmation/similar message does not constitute proof of actual viewing by STAR. For the avoidance of doubt, by submitting his/her Entry, the Participant(s) is representing that the Entry (or contents thereof) are not confidential or comprise any sensitive personal information. For the avoidance of doubt, all information provided by the Participants in the course of the Campaign shall be submitted to STAR and not to Facebook, Twitter or Instagram (as applicable).
  1. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Campaign during the Campaign Period for any reason or take any other steps in relation to the Campaign as it may deem fit in its sole and absolute discretion.
  1. STAR reserves the right to disqualify any Participant(s) from participating in the Campaign without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry(ies) or any part thereof at any stage of the Campaign, including after declaring the Winners, if STAR: (a) receives any notice or complaint relating to the Entry not being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Entry inter alia: (i) belongs to another person and in which the Participant does not have any rights; or (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; or (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, or otherwise unlawful in any manner whatever; or (iv) harms minors in any way; or (v) infringes any patent, trademark, copyright or other proprietary rights of third persons; or (vi) violates any law for the time being in force; or (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (viii) impersonates another person; or (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) 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 STAR in this regard shall be final and binding upon the Participant(s).
  1. STAR reserves the right to select and declare the Winners of the Campaign and such decision shall be final and binding on all the Participant(s). STAR shall select the Winners in accordance with applicable parameters to be determined solely by the editorial /content team of STAR.
  1. The Winners will be required to submit necessary supporting documentation to establish their identity/age/residence address etc and their compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR, to be eligible for any gratification. In the event that any Winner fails to furnish such documentation within the timelines indicated by STAR, then his/her selection as a Winner shall stand invalidated. In such a case : (a) STAR and/or its group companies shall not be liable in any manner whatsoever and the Prize shall stand forfeited in respect of that Winner; and (b) STAR may, at its sole discretion, by the prescribed selection criteria, choose other Participant(s) to receive such Prize in place of such person.
  1. The Winner voluntarily agrees and grants Star the permission to use the Entry and /or Exploit the same in any manner whatsoever worldwide in perpetuity. It is further clarified all rights including but not limited to the Intellectual Property Rights in these Entry videos shall vest with Star worldwide and in perpetuity.

 “Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by the Company in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by the Company in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works , making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. Where applicable, the capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Copyright Act(Cap. 63) as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

“Intellectual Property” means any and all current or future intellectual property rights, including, without limitation, patents, trademarks, trade names and domain names, service marks, rights to inventions, copyright (including in relation to performances or performed works) and related rights, rights in logos and get-up, rights in goodwill, unfair competition rights, rights in designs (whether held in physical or electronic format or otherwise howsoever), database rights, privacy rights, trade secrets, know-how and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals, reversions or extensions of, such rights and similar or equivalent rights or forms of protection in any part of the world;

“Works” shall mean and include any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of receipt of the Prize by the Winner and any other Intellectual Property created/generated by the Participants during the course of participation in the Prize;     

  1. The Participants/Winners who create and submit Entries understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winners are advised to exercise all due caution in the creation and submission of their respective Entries. All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Entries, shall be the sole and absolute responsibility of the concerned Participants/Winners and STAR (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever. 
  • GENERAL RULES:
  1. All Participants must be citizens of India residing within the territorial limits of India during the entire duration of the Campaign. The Participants should not have any criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Campaign. Proof of age and residence/address, if requested, of the Participants, must be submitted to STAR within timelines as may be required by STAR to confirm the eligibility of the Participant(s).
  1. Participants shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Campaign. STAR also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to STAR at any point in time during the duration of the Campaign or thereafter.
  1. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Campaign, without giving prior notice or reason. It shall be the sole responsibility of the Participants to check the rules and regulations of the Campaign available on the corporate website of the Company. Non-conformance by the Participants to any the Terms and Conditions will make such Participant’s Entry null and void.
  1. The Participants (including the Winners) acknowledge that in case the conduct of the Campaign or enjoyment of the Prize cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as regulatory action/direction, war, industrial action, flood, drought or any act of God, then STAR shall not have any liability in this connection.
  1. STAR and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, ailment, death, mental and/or emotional trauma caused to any of the Participants (including the Winners) in any manner whatsoever, in connection to the Campaign.
  1. The Participants (including the Winners) shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participants/Winners and/or their Entry(ies) including any third party intellectual property rights claims with respect to the Entry(ies) submitted by the Participants to STAR and/or with respect to the Entry video pertaining to the Winners produced by STAR.
  1. The Participants (including the Winners) shall not in any circumstances make any claims against STAR or its group companies, 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 (directly or indirectly) affecting the participation or leading to non-participation in the Campaign or any related activity by any such Participant(s) or Winner(s). If any Participant and/or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Entry will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Campaign.
  1. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, sponsors, and the members of their immediate family, are ineligible to participate in the Campaign.
  1. By participating in the Campaign, it shall be construed that the Participants (including the Winners) have waived their right to raise any dispute with regard to the Campaign and/or the Prizes, in any manner whatsoever, and have understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and have unconditionally accepted and agreed to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Campaign (including the Prizes), the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participants and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.
  1. In consideration of being afforded the Prize, the Winner agrees, represents and warrants that all Intellectual Property in and to the Works shall remain the exclusive property of the Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Works, do not vest with the Company, by operation of law, the Participant on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Works including rights in any Exploitation thereof to THE COMPANY. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Works in relation to future medium or mode of exploitation of the Works is not held valid by operation of law, notwithstanding the assignment of such rights in favour of THE COMPANY, the Participant hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to THE COMPANY for such future medium or mode of exploitation of the Intellectual Property in and to the Works as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agrees that it shall assign or in any other manner transfer rights including the Intellectual Property in and to the Works for such means and modes of exploitation of the Works which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to THE COMPANY without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Works for the entire world and perpetuity to the Company (‘Offer’). The Participant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Works to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, the Company may Exploit the rights including the Intellectual Property in and to the Works at any time it chooses. The Participant(s) waive off their “Moral Rights” (or any analogous rights granted under the Copyright Act (Cap. 63)) with respect to the Works / participation in the Prize. Further, the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Works.
  1. The Participant(s) (including the Winners) of the Campaign agree that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances, the Participant(s) (including the Winners) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s) (including the Winners) agree that the footage/ picture/ photographs of the Participant(s) used during the course of the Campaign or for the purpose of the Campaign shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and on any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participants (including the Winners) agree and consent to the use of any text and/or information and/or any photograph and/or image and/or audio-visual recording and/or other components of his or her Entry(ies) on any channel/digital platform/Handles, as STAR may deem fit, for the purpose of promotion of the Campaign and/or the Network and/or any channels forming part of the Network and/or any event/program telecasted on the Network.    
  1. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest with the courts of New Delhi, India.

 

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CONSENT FOR PROCURING PERSONAL INFORMATION

In connection with participating in the Campaign organized by Star India Private Limited, you hereby provide your consent for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “Personal Information”), which Personal Information is subject to: the Company’s personal data privacy policy and website privacy policy, available at http://www.startv.com/legal-terms-policies/#pdp and http://www.startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which you have read and understood. Additionally, you agree to, and understand the terms and conditions set out below:  

  • Your Personal Information (including but not limited to your name, age, citizenship and residence the contents of your Entry) is being collected by Star India Private Limited (“Company/Star”) pursuant to Terms and Conditions available on the corporate website of the Company, in connection with the campaign being organized by the Company called “Cricket Connected” (“Campaign”) in order to showcase your creative skills in connection with the game of cricket to be broadcasted on the Company’s channels i.e. Star Sports Network and the official social media handles of Star . You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Campaign and for the uses set out below.
  • Your Personal Information will be collected, retained and used by the Company only for the Campaign and for promotional/gratification purposes around the Campaign and for no other purpose.
  • Your Personal Information may be used for the Campaign, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Campaign on the Star Sports network.
  • The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Campaign, as deemed fit and necessary by the Company at its sole discretion.
  • All your Personal Information is true, correct and complete in all respects and in no circumstances, will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.
  • The Company has provided me with the option to opt out of providing my Personal Information.
  • You hereby agree to abide by the Terms and Conditions of the Campaign available on the corporate website of the Company.

"The Wonder Years” (Contest)

Terms & Conditions

Please read the following Terms and Conditions very carefully before entering this contest “The Wonder Years (“Contest”) conducted by Star India Private Limited (‘ Star India/Us/ We’). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (“Terms and Conditions”/ “ T&Cs”) govern Your participation in this Contest to be held on Star World Twitter handle at https://twitter.com/StarWorldIndia (“Official Twitter Handle”), Star World Instagram handle at https://instagram.com/starworldindia (“Official Instagram Handle”) and Star World Facebook account at https://facebook.com/starworldindia (“Official Facebook account”) on April 27, 2020 from 11:00 AM to April 29, 2020 11:59 PM (“Contest Period/Period”), organized and conducted by Star India. The Official Twitter Handle, Official Instagram Handle and Official Facebook account are collectively referred to as “Handle(s)”. You (‘Participant(s)’ / ‘You’ / ‘ Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Contest and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined below). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

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

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Contest;

iii. The Participant should be well versed in the English language - both written and spoken;

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

v. The Participant should have proof of age and educational qualification when requested by Star India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees, affiliates, directors and representatives of Star India and their immediate family member(s) are not eligible to participate in this Contest.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. 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 the Content and registration of Participant (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: Star India invites all the interested Participants to review the tweet/posts shared by Star India on the Handle(s) and respond by uploading a picture (in JPEG format) of themselves in their teenage years, as required by Star India and captioning the picture in English language in text not exceeding 280 characters (for Twitter), and to submit/tweet on the Handle using the Hashtag (as defined below) and Tag (as defined below), hereinafter referred to as “Content/Entry/Entries”.

The Participant (s) should only submit Content which satisfies the following criterion:

i. Relevant to the Contest as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest.

ii. upload the Content on the Handle, by using the hashtag #TheWonderYears (“Hashtag”) and tagging @starworldindia (“ Tag”).

iii. The Content shall be original, creative and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights;

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

v. The Content 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. The Content will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any animal/person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights;

vii. The Content shall not be in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below;

viii. Submission of low-resolution images may lead to disqualification of the entry. The users are requested to share high resolution images;

ix. The Content should comply with all applicable laws.

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 requirements.


 

2. Contest Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content on the Handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted.

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 24 hours from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all Entry/ies received on the Handle within the Contest Period, all Participants whose Entries (a) are valid and compliant with parameters mentioned in paragraph 1.2 above; and (b) have a peculiar caption in view of Star India shall be selected as Winners (“Winners”). Such Winners shall be entitled to win the Prize.

Upon successful communication and acceptance of the Prize by the Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, the Winners agree that he/she may be required to execute a separate written agreement(s) with Star India in respect of the Content submitted and its future development (if at all), by Star India’s licensors’ and its affiliates, and shall further set out the rights and obligations of the parties, at that point of time. The Winners agree and acknowledge that the execution of a written agreement is a material condition for developing, exploiting or utilising the Content for the aforementioned purposes, as it/they may deem fit at their sole discretion. The Winners hereby 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 the Contest entirely confidential.

Stage 4: Winners and Prize

Star India shall re-post and re-share Entries of all the Winners on its Handles (“Prize”). The Prize to be awarded to the Winner(s) shall be decided at the sole discretion of Star India. The Winners of the Contest acknowledge and agree that the Prize along with the Winners’ name and the Content may be featured on any media including but not limited to the television, social media platforms.

The Winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time. The Winner(s) authorise Star India and/or its affiliates to re-post and/or re-share Entries, in any manner as deemed fit by Star India and/or its affiliates. It is clarified that the Prize is non-transferable and may not be exchanged for cash. All Prize(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Winners do not accept or agree to the terms as stated herein, the Prize shall remain with Star India, who on its own discretion may offer the same to the next eligible winner. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winner and the Winner cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

Star India shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, Star India reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to data provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Shortlisted Participant(s) as the Winner of the Contest and transfer the Prize to that person.

For avoidance of doubt it is clarified that for the purpose of participating in the Contest, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only posts(s)/tweet(s) received before the close of the Contest Period shall be considered valid for the Contest. The Participant(s) agrees not to spam and/or post and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

 

For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or Tag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use, exploit and/or utilize the Content during the Contest Period, as it may deem fit at its sole discretion. In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant shall be responsible to apprise the respective individuals appearing in the picture shared by the Participant and the contents of these Terms and Conditions. The Participant shall be solely responsible to obtain consent(s) from the respective third party(ies) for the location(s), event(s), etc. which form part of the Content, if any and Star India shall not be responsible in any manner whatsoever. The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

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 submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights 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 of the Content 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 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 Entry and/or submission of the Content 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 of Content 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 Content): 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 privacy laws for the time being in force;

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

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

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

j. 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 offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners 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 or its licensors and/or their affiliates; (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 (v) if any representation , warranty or Personal Information made by You turns to be untrue, false and in accurate; and (vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize. 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.

3.10. You acknowledge and confirm that neither Star India licensors nor any of its affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participants and Winners. This Contest is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates. The Participant(s) and Winners unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Contest and the Prizes thereof.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content 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 of Content.

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India and/or its affiliates. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. 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 internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of Star India, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with Star India worldwide in perpetuity and Star India is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Contest and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

4.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet/post on the Twitter, Facebook or Instagram platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter, Facebook or Instagram, as the case may be. It is further clarified that Twitter, Facebook and Instagram reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter, Facebook and/or Instagram shall be resolved directly with Twitter, Facebook or Instagram as the case maybe, without any recourse to Star India.

4.6. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using Twitter, Facebook and/or Instagram while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

4.7. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter, Facebook or Instagram, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.

4.8. By providing any personal information to Star India, as part of the Entry, 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;

4.9. 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 this Contest 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;

4.10. 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;

4.11. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process of the Content and/or qualification of an Participant (s), STAR India 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;

4.12. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.13. 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 Participants in any manner whatsoever, in relation to the Contest;

4.14. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.15. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets submitted by You.

4.16. Star 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 Contest is delayed or postponed or cancelled;

4.17. Star India reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding 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. Further You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

4.19. 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 (in part or whole) is not in compliance with the Terms and Conditions herein;

4.20. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, 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;

4.21. Star India shall not be responsible if any selected Participant 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 Participant misses his/her chance. In this case, the Participant undertakes to not hold Star India responsible for the same;

4.22. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Contest and . You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.23. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective 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;

4.24. You hereby understand that Star India makes no representation and/or warranties regarding the Contest 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;

4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest 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 , its licensors and their respective affiliates 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 entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.26. 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;

4.27. 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 of the Content 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.

4.28. The Participant acknowledges and confirms that neither Star India’s licensors nor any of the Star India licensor’s affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participant.

4.29. WARRANTY DISCLAIMER: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this 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 the social media accounts / 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 social media platforms/ Contest 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.

4.30. Star India are 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 Participant in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

4.31. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prizes of the Contest is through participation as described in these T&C. Any person claiming that he/she can help You win the Prizes of the Contest for a consideration is defrauding You.

4.32. 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, code of conduct, Your attendance may be withdrawn or subject to limitation upon Star India sole discretion.

4.33. 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;

4.34. 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 this Contest; and agree to make no public press announcements or information for publication without the explicit approval of STAR India.

4.35. 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;

4.36. 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.

4.37. 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 into public disrepute.

4.38. The Contest shall be null and void in any jurisdiction where prohibited by law.

4.39. 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 this Contest, 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 Participant who has raised a dispute.

4.40. Subject to the provision of Paragraph 4.39. 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.

4.41. You acknowledge that in case the Contest 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 Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.42. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.43. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.44. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.45. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Contest is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

4.46. You acknowledge and agree that upload and submission of Your posts/tweets does not necessarily entitle you to win a Prize.

4.47. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.48. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.49. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.50. 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.

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

4.52. In case of any queries in relation to this Contest, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

“Sachin Sachin” campaign

Terms & Conditions

THIS CAMPAIGN IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER AND/OR INSTAGRAM.

The following are the rules for the “Sachin Sachin” campaign (the “ Campaign”) hosted and conducted by Star India Private Limited (“STAR”). The idea behind the Campaign is toshowcase the creative skills of fans in connection with their participation in the birthday special programming for Sachin Tendulkar to be broadcasted as shows on Star Sports Network.Any personal information gathered pursuant to this Campaign shall be subject to the Company’s personal data privacy policy and website privacy policy, available at http://www.startv.com/legal-terms-policies/#pdp and http://www.startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which is incorporated herein by reference. This Campaign shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “Terms and Conditions”) as stated hereunder.By participating in the Campaign, the Participant agrees to be bound by these Terms and Conditions and represents that the Participant satisfiesall the eligibility requirements set out herein below. The Participant agrees and confirms that the Participanthas voluntarily participated in the Campaign and/or submit the Entry (as defined below) subject to Participant’s unconditional acceptance to comply with and abide by the Terms and Conditions. If the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Campaign. By participating in this Campaign and uploading and submitting the Entry in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted, accepted, agreed and consented to irrevocably, unconditionally abide by and be bound by the terms and conditions including these Terms & Conditions and to the Privacy Policy.

[A] Principal Rules

1. The Campaign will be conducted from17th April,2020 to 25 th April, 2020 or such other date(s) as may be decided by STAR at its sole discretion and announced by STAR(“ Campaign Period”).

2. The Campaign aims to test the creative skills of the viewers and to compile a montage of fan-generated celebratory videos wishing Sachin Tendulkar a happy birthday. The Campaign willrun in the manner described hereinbelow:

(A) All the participants in the Campaign must be citizens of India residing in India during the Campaign Period and shall have completed at least 18 (eighteen) years of age as on the date of submitting an entry for participating in the Campaign (the “Participant”); and

(B) All Participant(s) must have any of the following a valid personal: (i) Facebook, (ii) Twitter and/or (iii) Instagram account/ page/ handle(each a “Social Media Account” and collectively “ Social Media Accounts”) to be eligible to participate in the Campaign. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a Facebook, Twitter and/or Instagram account opened and operated by a family member and/or friend of the Participant(s); and

(C) Campaign Mechanism:

a. Call for Entry: STAR shall publish an audio-visual clip, invitingfor entries from eligible Participants, for the Campaign (“ Star CFE Clip”), on its official social media handles / pages i.e. ( https://www.facebook.com/starsportsindia/ (Facebook official handle) https://www.instagram.com/starsportsindia/?hl=en (Instagram official handle) https://twitter.com/StarSportsIndia?s=20 (Twitter official handle) collectively called “Handles”)

b. Entry Mechanism:

i. Interested Participants may participate in the Campaign by creating an audio-visual clip in any video format, of a minimum duration of 2seconds and a maximum duration of 20seconds, where the Participant will be shooting a celebratory video. (“Entry”).

ii. TheParticipant should upload their Entry as a publicly visible post, via their personal handles / pages / profiles on any of their personal Social Media Handles and shall: (A) tag the Star Sports handle (@starsportsindia)and (B) use the campaign hashtag (#SachinSachin) in the Entry post uploaded.

iii. The Entry must be uploaded to the Participant’s relevant Social Media Accounton or before 23:59 hourson 24th April, 2020(“ Closing Time”); and

(D) Any Entries whichdo not adhere to the requirements of the Entry Mechanism other requirements under these T&C shall not be considered valid and shall be deemed to be null and void without any intimation by STAR;

(E) From the total pool of valid Entries received for the Campaign from Participants uptothe Closing Time, a panel of such representatives with required expertise as STAR may decide in its sole discretion (" Panel”), based on such criteria as may be determined by STAR in its sole discretion including but not limited to creativity, screen presence, videoquality shall select such number of the highest rated Participants as they deem fit, as the winners of the Campaign (“ Winners”). The decision of the Panel in selecting the Winners from amongst the Participants shall be final and binding upon all the Participants. The decision of STAR for all other matters relating to the Campaign shall be final and binding upon all the Participants.

(F) STAR will reach directly to the Winners via their Social Media Account at any time including before the Closing Time and request the Winnersto upload theEntry in the dropbox link shared by STAR. STAR will be using such videos in the Winner Film.

3. Each Participant shall follow the terms of use for Facebook, Twitter and Instagram. Failure to comply with the same shall render the Participant(s) Entry invalid.

4. For the purposes of this Campaign, by uploading and /or submitting the Entry, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and other applicable policies of Facebook, Twitter and Instagram. It is further clarified that such platforms reserves the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to STAR. Any Entry on the platform in any other format other than that prescribed by such platform having an unclear image /video quality will be deemed invalid and will be disqualified from the Campaign without any prior intimation by STAR. Such decision of STAR shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and the respective owners/licensees of the handle shall be resolved directly with such owners/licensees, without any recourse to STAR.

5. The Entry uploaded by the Participant must be original and authored by the Participant(s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third party and/or privacy/personality rights.

6. The Participant will be solely responsible for complying with the terms stipulated by Facebook/Instagram/Twitteras applicable, to submit Entry on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.

7. The Participant 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.

8. The Participant agrees that there will be no music in the video uploaded by the Participant.

9. The Participant agrees that submission of low resolution images and/or low resolution videos may lead to disqualification of the entry. The Participant are requested to share high resolution images and/or videos.

10. The Participant represents and warrants that:

a. The Participant is the sole creator / author / owner of the Entry and that, no rights vest in any other party in respect of the content uploaded/ submitted by them. Nothing in law, contract or otherwise restricts the Participant from submitting the Entry or part thereof and the Participant is fully authorised and entitled to submit the Entry;

b. All rights, including all copyrights and other intellectual property rights in respect of the content in its entirety vests in the Participant and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Entry 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;

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

d. The Participant has not prior to the submission of the Entry 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 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 Entry 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 Entry is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

e. The details and any other information given by the Participant in connection with the Entry and/or submission of the content is true and accurate and that STAR is not/ shall not be responsible for verifying any information submitted by the Participant;

f. The Entry does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which the Participant 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 Entry does not contain any sensitive personal data or information;

g. The Entry 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 to criminal or civil claims;

h. The Entry shall not include any advertisements or solicitation of any business/es:

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

II) 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;

III) that harm minors in any way;

IV) that infringes any patent, trademark, copyright or other proprietary rights;

V) that violates any privacy laws for the time being in force;

VI) that violates any law for the time being in force;

VII) that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

VIII) by impersonates another person;

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

X) 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 offence or prevents investigation of any offence or is insulting any other nation.

11. As gratification to the Winners, STAR shall feature the Entry of a fewWinners in the promotional audio visual clip created by STAR(the “ Winner Film”). These Winner Filmshall be featured by STAR as a promotional audio visual clip onStar Sports Networkfrom 19 th April, 2020 to 24th April, 2020and/or Handles(the “Prize(s)”). STAR shall have the sole and absolute discretion to decide the final content and duration of each of the Winner Film and shall have full rights to edit, modify, translate and/or adapt the Winner Film to suit its editorial / content requirements.

12. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other technical/regulatorydifficulties of such nature, due to which the Winner Film(s) (or any part thereof) of a Winner Film cannot be broadcasted as a promotional audio visual clip onStar Sports NetworkHandles as STAR may deem fit, as per paragraph 11 above.

13. STAR reserves the right to forfeit the Prize(s) in the event STAR has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. STAR shall have the right to declare any of the other Participant(s) as the Winner(s)of the Campaign, at its discretion,and to provide the Prize to such other Participants. The Winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any failure or delay in featuring the Winner Film in Star Sports Network, Handles, as STAR may deem fit. STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Campaign. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications or the Campaign in general.

14. TheWinners agree that Prizes cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prizes will be awarded to any of the Winners and they cannot exchange the Prize for cash or a gift of similar value. The Campaign or the Prizes cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record any part of the Campaign and to telecast the same on STAR’s channels and platforms or to otherwise mention it on its channels and platforms. If any of the Winners refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards such Winners in connection to the Prizeor otherwise.

15. All Entries from the Participants as per paragraph 2(C) above must be received during the period indicated therein. Entries received before or after the indicated period will not be considered for the Campaign and shall be deemed null and void without requirement of any further intimation by STAR.

16. STAR and/or its group companies shall not be responsible in the event that any of theEntries (as per paragraph 2 above) are not viewable by STAR or the Participant(s) is/are unable to participate in the Campaign due to any network/connectivity problems, breakdown in machinery or any other technical error of any nature whatsoever. For the purposes of these Terms and Conditions, an Entry shall be considered “viewable” by STAR only after STAR has opted to view such an Entry and has successfully viewed such Entry of the Participant. Any automated confirmation/similar message does not constitute proof of actual viewing by STAR. For the avoidance of doubt, by submittinghis/herEntry, the Participant(s) is representing that the Entry (or contents thereof) are not confidential or comprise any sensitive personal information.For the avoidance of doubt, all information provided by the Participants in the course of the Campaign shall be submitted to STAR and not to Facebook, Twitter or Instagram

17. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Campaign during the Campaign Period for any reason or take any other steps in relation to the Campaign as it may deem fit in its sole and absolute discretion.

18. STAR reserves the right to disqualify any Participant(s) from participating in the Campaign without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry(ies)or any part thereof at any stage of the Campaign, including after declaring theWinners, if STAR: (a) receives any notice or complaint relating to the Entrynot being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Entryinter alia:(i)belongs to another person and in which the Participant does not have any rights; or (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; or (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, or otherwise unlawful in any manner whatever; or (iv) harms minors in any way; or (v) infringes any patent, trademark, copyright or other proprietary rights of third persons; or (vi) violates any law for the time being in force; or (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (viii) impersonates another person; or (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) 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 STAR in this regard shall be final and binding upon the Participant(s).

19. STAR reserves the right to select and declare the Winners of the Campaign and such decision shall be final and binding on all the Participant(s). STAR shall select the Winners in accordance with applicable parameters to be determined solely by the editorial /content team of STAR.

20. TheWinners will be required to submit necessary supporting documentation to establish their identity/age/residence address etc and their compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR, to be eligible for any gratification. In the event that any Winner fails to furnish such documentation within the timelines indicated by STAR, then his/her selection as a Winner shall stand invalidated. In such a case : (a) STAR and/or its group companies shall not be liable in any manner whatsoever and the Prize shall stand forfeited in respect of that Winner; and (b) STAR may, at its sole discretion, by the prescribed selection criteria, choose other Participant(s) to receive such Prize in place of such person.

 

21. The Participants (including the Winners) agree and consent to the use of their Entry(ies), the Winner Filmand/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of the Campaign, STAR and/or its group companies and/or any programs/events on any channels/platforms owned or operated by STAR or any of its group companies (the “Network”). In consideration for the participation in the Campaign, the Participants (including the Winners) hereby irrevocably, exclusively, perpetually and for the entire universe assign all right, title and interest in their Entry(ies) and/or the Winner Film including any rights of Exploitation thereof, to STAR, during or pursuant to the Campaign. “Exploitation/Exploit” shall mean the exploitation of the Entries/Winner Filmsand/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in such Entry(ies)/Winner Film(s)or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry(ies)/Winner Film(s)and/or any part thereof from one form/format to another and in relation to the Entry(ies)/Winner Film(s)and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Entry(ies)/Winner Film(s)into a film for theatrical Exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD) made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. To the extent that the assignment of all rights, title and interest in the Entry(ies)/Winner Film(s)and/or any part thereof, if any, subsisting in favour of the Participants/Winners, in relation to future medium or mode of exploitation of the Entry(ies)/Winner Film(s)and/or any part thereof is not held valid by operation of law, the Participants/Winners hereby grant an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of their Entry(ies)/Winner Film(s)and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participants (including the Winners) hereby agree that the Participants/Winners shall not assign or in any other manner transfer their Entry(ies)/Winner Film(s), including any part thereof, for such means and modes of Exploitation of their Entry(ies)/Winner Film(s)and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to STAR without offering for assignment such modes or means of Exploitation of the Entry(ies)/Winner Film(s)and/or any part thereof for the entire world and in perpetuity to STAR. The Participants/Winners agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of their Entry(ies)/Winner Film(s)and/or any part thereof to any third party in breach of such obligation herein, anywhere in the world, shall be null and void. Further, STAR may Exploit the Entry(ies) and/or Winner Film(s)and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not applyto the Terms & Conditions. The Participants (including theWinners) agree to waive off their “Moral Rights” with respect to their Entry(ies)/Winner Film(s)and/or any part thereof as required. The Participants (including the Winners) shall do all acts and execute all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR herein.

22. The Participants/Winners who create and submit Entries/Winner Films understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winnersare advised to exercise all due caution in the creation and submission of their respective Entries/Winner Films. All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Entries/Winner Film(s), shall be the sole and absolute responsibility of the concerned Participants/Winners and STAR (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever.

[B] GENERAL RULES:

1. All Participantsmust be citizens of India residing within the territorial limits of India during the entire duration of the Campaign. The Participants should not have any criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Campaign. Proof of age and residence/address, if requested, of the Participants, must be submitted to STAR within timelines as may be required by STAR to confirm the eligibility of the Participant(s).

2. Participants shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Campaign. STAR also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to STAR at any point in time during the duration of the Campaign or thereafter.

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Campaign, without giving prior notice or reason. It shall be the sole responsibility of the Participants to check the rules and regulations of the Campaign available on the corporate website of the Company. Non-conformance by the Participants to any the Terms and Conditions will make such Participant’s Entrynull and void.

4. The Participants (including the Winners) acknowledge that in case the conduct of the Campaign or enjoyment of the Prize cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as regulatory action/direction, war, industrial action, flood, drought or any act of God, then STAR shall not have any liability in this connection.

5. STAR and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, ailment, death, mental and/or emotional trauma caused to any of the Participants (including theWinners) in any manner whatsoever, in connection to the Campaign.

 

6. The Participants (including the Winners) shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participants/Winnersand/or their Entry(ies) and/or the Winner Films including any third party intellectual property rights claims with respect to the Entry(ies) submitted by the Participants to STAR and/or with respect to the Winner Films pertaining to the Winners produced by STAR.

7. The Participants (including theWinners) shall not in any circumstances make any claims against STAR or its group companies, 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 (directly or indirectly) affecting the participation or leading to non-participation in the Campaign or any related activity by any such Participant(s) or Winner(s). If any Participant and/or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Entry will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Campaign.

8. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, sponsors, and the members of their immediate family, are ineligible to participate in the Campaign.

9. By participating in the Campaign, it shall be construed that the Participants (including theWinners) have waived their right to raise any dispute with regard to the Campaign and/or the Prizes, in any manner whatsoever, and have understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and have unconditionally accepted and agreed to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Campaign (including the Prizes), the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participants and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s) (including the Winners) of the Campaign agree that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners)shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances, the Participant(s) (including the Winners) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s) (including theWinners) agree that the footage/ picture/ photographsof the Participant(s) used during the course of the Campaign or for the purpose of the Campaign shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and on any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participants (including the Winners) agree and consent to the use of any text and/or information and/or any photograph and/or image and/or audio-visual recording and/or other components of his or her Entry(ies) and/or the Winner Film(s)on any channel/digital platform/Handles, as STAR may deem fit, for the purpose of promotion of theCampaign and/or the Network and/or any channels forming part of the Network and/or any event/program telecasted on the Network.

 

11. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest with the courts ofNew Delhi, India.

 

-x-x-x-

 

CONSENT FOR PROCURING PERSONAL INFORMATION

 

In connection with participating in the Campaignorganized by Star India Private Limited, you hereby provide your consent for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “Personal Information”), which Personal Information is subject to: the Company’s personal data privacy policy and website privacy policy, available at http://www.startv.com/legal-terms-policies/#pdp and http://www.startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which you have read and understood. Additionally, you agree to, and understand the terms and conditions set out below:

(a) Your Personal Information (including but not limited to your name, age, citizenship and residence the contents of your Entry and/or the Winner Film)is being collected by Star India Private Limited (“ Company”)pursuant to Terms and Conditions available on the corporate website of the Company, in connection with the campaign being organized by the Company called “Sachin Sachin” (“ Campaign”) in order to showcase yourcreative skillsin connection with your participation in the promotional audio-visual clip pertaining to birthday special for Sachin Tendulkar to be broadcasted on the Company’s channels i.e. Star Sports Network and the official social media handles of Star.You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Campaign and for the uses set out below.

(b) Your Personal Information will be collected, retained and used by the Companyonly for the Campaign and for promotional/gratification purposes around the Campaign and for no other purpose.

(c) Your Personal Information may be used for the Campaign, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Campaign on the Star Sports network.

(d) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify yourEntry and/or participation in the Campaign, as deemed fit and necessary by the Company at its sole discretion.

(e) All your Personal Information is true, correct and complete in all respects and in no circumstances, will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.

(f) The Company has provided me with the option to opt out of providing my Personal Information.

(g) You hereby agree to abide by the Terms and Conditions of the Campaign available on the corporate website of the Company.

John Wickathon Contest

Terms & Conditions

Please read the following Terms and Conditions very carefully before entering this contest “John Wickathon” (“Contest”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (“Terms and Conditions”/ “T&Cs”) govern Your participation in this Contest to be held on Star Movies Twitter handle at https://twitter.com/StarMoviesIndia (“Official Twitter Handle”), Star Movies Instagram handle at https://instagram.com/starmoviesindia (“Official Instagram Handle”) and Star Movies Facebook account at https://facebook.com/starmoviesindia (“Official Facebook account”) on April 11, 2020 from 3:00 PM to April 12, 2020 11:59 PM (“Contest Period/Period”), organized and conducted by Star India. The Official Twitter Handle, Official Instagram Handle and Official Facebook account are collectively referred to as “Handle(s)”. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Contest and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined below). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

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

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Contest;

iii. The Participant should be well versed in the English language - both written and spoken;

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

v. The Participant should have proof of age and educational qualification when requested by Star India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees, affiliates, directors and representatives of Star India and their immediate family member(s) are not eligible to participate in this Contest.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. 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 the Content and registration of Participant (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: Star India invites all the interested Participants to review the tweet/posts shared by Star India on the Handle(s) and respond by uploading the picture (in JPEG format) of the Participant along with the pet animal(s) owned by the Participant, as required by Star India, and to submit/tweet on the Handle using the Hashtag (as defined below) and Tag (as defined below), hereinafter referred to as “Content/Entry/Entries”.

The Participant (s) should only submit Content which satisfies the following criterion:

i. Relevant to the Contest as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest.

ii. upload the Content on the Handle, by using the hashtag #JohnWickathon (“Hashtag”) and tagging @starmoviesindia (“Tag”).

iii. The Content shall be original, creative and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights;

iv. The Participant has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or 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. The Content will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any animal/person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights;

vii. The Content shall not be in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below;

viii. submission of low-resolution images may lead to disqualification of the entry. The users are requested to share high resolution images;

ix. The Content should only feature pet animal(s) which are owned/belong to the Participant and which are legally authorised to be pet animal(s) under the laws of India;

x. No live bait shall be used in the creation of Content; and

xi. The Content should comply with all applicable laws and should not result in or cause any harm to animals.

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 requirements.

2. Contest Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content on the Handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted.

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 24 hours from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all Entry/ies received on the Handle within the Contest Period, Participants whose Entries are valid and compliant with the aforesaid parameters and who fulfill all of the requirements set out in these Terms and Conditions i shall be shortlisted to be the winners (“Winners”). Such Winners shall be entitled to win the Prize.

Upon successful communication and acceptance of the Prize by the Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, the Winners agree that he/she may be required to execute a separate written agreement(s) with Star India in respect of the Content submitted and its future development (if at all), by Star India’s licensors’ and its affiliates, and shall further set out the rights and obligations of the parties, at that point of time. The Winners agree and acknowledge that the execution of a written agreement is a material condition for developing, exploiting or utilising the Content for the aforementioned purposes, as it/they may deem fit at their sole discretion. The Winners hereby 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 the Contest entirely confidential.

Stage 4: Winners and Prize

Star India shall re-post and re-share Entries of all the Winners on its Handles (“Prize”). The Prize to be awarded to the Winner(s) shall be decided at the sole discretion of Star India. The Winners of the Contest acknowledge and agree that the Prize along with the Winners’ name and the Content may be featured on any media including but not limited to the television, social media platforms.

The Winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time. The Winner(s) authorise Star India and/or its affiliates to re-post and/or re-share Entries, in any manner as deemed fit by Star India and/or its affiliates. It is clarified that the Prize is non-transferable and may not be exchanged for cash. All Prize(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Winners do not accept or agree to the terms as stated herein, the Prize shall remain with Star India, who on its own discretion may offer the same to the next eligible winner. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winner and the Winner cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

Star India shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, Star India reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to data provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Shortlisted Participant(s) as the Winner of the Contest and transfer the Prize to that person.

For avoidance of doubt it is clarified that for the purpose of participating in the Contest, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only posts(s)/tweet(s) received before the close of the Contest Period shall be considered valid for the Contest. The Participant(s) agrees not to spam and/or post and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or Tag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use, exploit and/or utilize the Content during the Contest Period, as it may deem fit at its sole discretion. In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant shall be responsible to apprise the respective individuals appearing in the picture shared by the Participant and the contents of these Terms and Conditions. The Participant shall be solely responsible to obtain consent(s) from the respective third party(ies) for the individual(s), pet animal(s), location(s), event(s), etc. which form part of the Content, if any and Star India shall not be responsible in any manner whatsoever. The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

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 submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights 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 of the Content 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 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 Entry and/or submission of the Content 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 of Content 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 Content): 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 privacy laws for the time being in force;

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

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

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

j. 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 offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners 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 or its licensors and/or their affiliates; (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 (v) if any representation , warranty or Personal Information made by You turns to be untrue, false and in accurate; and (vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize. 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.

3.10. You acknowledge and confirm that neither Star India licensors nor any of its affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participants and Winners. This Contest is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates. The Participant(s) and Winners unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Contest and the Prizes thereof.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content 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 of Content.

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India and/or its affiliates. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. 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 internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of Star India, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with Star India worldwide in perpetuity and Star India is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Contest and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

4.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet/post on the Twitter, Facebook or Instagram platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter, Facebook or Instagram, as the case may be. It is further clarified that Twitter, Facebook and Instagram reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter, Facebook and/or Instagram shall be resolved directly with Twitter, Facebook or Instagram as the case maybe, without any recourse to Star India.

4.6. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using Twitter, Facebook and/or Instagram while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

4.7. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter, Facebook or Instagram, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.

4.8. By providing any personal information to Star India, as part of the Entry, 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;

4.9. 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 this Contest 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;

4.10. 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;

4.11. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process of the Content and/or qualification of an Participant (s), STAR India 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;

4.12. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.13. 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 Participants in any manner whatsoever, in relation to the Contest;

4.14. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.15. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets submitted by You.

4.16. Star 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 Contest is delayed or postponed or cancelled;

4.17. Star India reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding 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. Further You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

4.19. 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 (in part or whole) is not in compliance with the Terms and Conditions herein;

4.20. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, 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;

4.21. Star India shall not be responsible if any selected Participant 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 Participant misses his/her chance. In this case, the Participant undertakes to not hold Star India responsible for the same;

4.22. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Contest and . You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.23. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective 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;

4.24. You hereby understand that Star India makes no representation and/or warranties regarding the Contest 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;

4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest 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 , its licensors and their respective affiliates 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 entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.26. 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;

4.27. 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 of the Content 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.

4.28. The Participant acknowledges and confirms that neither Star India’s licensors nor any of the Star India licensor’s affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participant.

4.29. WARRANTY DISCLAIMER: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this 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 the social media accounts / 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 social media platforms/ Contest 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.

4.30. Star India are 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 Participant in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

4.31. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prizes of the Contest is through participation as described in these T&C. Any person claiming that he/she can help You win the Prizes of the Contest for a consideration is defrauding You.

4.32. 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, code of conduct, Your attendance may be withdrawn or subject to limitation upon Star India sole discretion.

4.33. 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;

4.34. 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 this Contest; and agree to make no public press announcements or information for publication without the explicit approval of STAR India.

4.35. 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;

4.36. 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.

4.37. 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 into public disrepute.

4.38. The Contest shall be null and void in any jurisdiction where prohibited by law.

4.39. 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 this Contest, 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 Participant who has raised a dispute.

4.40. Subject to the provision of Paragraph 4.39. 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.

4.41. You acknowledge that in case the Contest 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 Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.42. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.43. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.44. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.45. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Contest is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

4.46. You acknowledge and agree that upload and submission of Your posts/tweets does not necessarily entitle you to win a Prize.

4.47. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.48. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.49. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.50. 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.

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

4.52. In case of any queries in relation to this Contest, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

‘Indoor Cricket League’ Contest

TERMS AND CONDITIONS

The following are the rules for the “Indoor Cricket League” contest (the “Contest”) hosted and conducted by Star India Private Limited (“STAR”). The idea behind the Contest is to keep the morale of the cricket fans high by engaging with them and encouraging them to share pictures of them playing indoor cricket on Star’s twitter account with the username/handle ‘StarSportsIndia’ and Star’s Instagram account with username/handle ‘StarSportsIndia”. Any personal information gathered pursuant to this Contest shall be subject to the STAR’s personal data privacy policy and website privacy policy, available at http://www.Startv.com/legal-terms-policies/#pdp and http://www.Startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which is incorporated herein by reference. This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “Terms and Conditions”) as stated hereunder.

[A] Principal Rules

1. The Contest will be conducted from 30th March 2020 to 5 th April 2020 or such other date(s) as may be decided by STAR at its sole discretion and announced by Star (“Contest Period”).

2. The Contest aims to to keep the morale of the cricket fans high by engaging with them and encouraging them to share pictures of them playing indoor cricket on the twitter and Instagram accounts of STAR with username/handle ‘StarSportsIndia’. The Contest will run in the manner described hereinbelow:

(A) All the participants in the Contest must be citizens of India residing in India during the Contest Period and must be at least 18 (eighteen) years of age with a valid twitter and/or instagram accounts as on the date of participating in the Contest (the “Participants”); and

(B) STAR shall invite people to participate in the Contest by posting an invite on the twitter and instagram accounts of STAR with username/handle ‘StarSportsIndia’ along with the Indoor Cricket rules. The Contest requires the Participant to tweet/post pictures of the Participant playing indoor cricket along with their name on their own twitter/Instagram handles or as a direct message to Star’s twitter and Instagram accounts mentioned above. (“Entry”). To be eligible, the Participant must include the hashtag ‘#IndoorCricketLeague’ and tag “@StarSportsIndia” in their Entry. (“Eligibility Requirements”); and

(C) The Contest will run from 10 (ten) am to 4 (four) pm on each calendar day of the Contest Period; and 4 (four) pm on each calendar day during the Contest Period, shall be considered to be the “Daily Closing Time”.

(D) Any Entry which does not adhere to the Eligibility Requirements shall not be considered valid and shall be deemed to be null and void without requirement of any intimation by STAR; and

(E) From the total pool of valid Entries received for the Contest from Participants up to the Daily Closing Time, depending upon the number of Entries posted per calendar day, a number of Participants with the best quality Entries shall be selected as the winners of the Contest either on a daily basis or on alternate calendar days during the Contest Period as determined by STAR at its sole discretion. (collectively, the “Winners”).

3. The Winners shall be selected on the basis of the quality of their Entries or such other criteria as STAR may consider appropriate. The decision of STAR in selecting the Winners from amongst the Participants shall be final and binding upon all the Participants. The decision of STAR for all other matters relating to the Contest shall be final and binding upon all the Participants.

4. STAR shall create and customize exclusive fan graphics using the Entries of the Winners of the Contest and quote-tweet or repost it on their twitter and Instagram accounts with the username/handle “StarSportsIndia” as applicable (the, “Prize(s)”). The Prize graphics may include player profiles, wagon wheels and other random stats and figures using broadcast graphics and shall be quote-tweeted or reposted at any time between 5 (five) pm to 8 (eight) pm either on a daily basis or on alternate calendar days during the Contest Period as determined by STAR at its sole discretion. STAR shall have the sole and absolute discretion to decide the specifications of the Prize(s), the talent and the final content and duration of the announcement.

Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other technical/regulatory difficulties of such nature, due to which the announcement of a Winners cannot be broadcasted on the relevant Star Sports channel as per paragraph 4 above.

5. STAR reserves the right to forfeit the Prize(s) in the event STAR has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. STAR shall have the right to declare any of the other Participant(s) as the Winners of the Contest, at its discretion, and to provide the Prize to such other Participants. The Winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any failure or delay in awarding the Prize(s). STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications or the Contest in general.

6. The Winners agree that Prizes cannot be transferred, negotiated, refunded or exchanged, as applicable. It is clarified that no other gratification, cash equivalent of the Prize or alternative prizes will be awarded to any of the Winners and they cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prizes cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record any part of the Contest and to telecast the same on STAR’s channels and platforms or to otherwise mention it on its channels and platforms. If any of the Winners refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards such Winners in connection to the Prize or otherwise.

7. All Entries from the Participants as per paragraph 2(B) above must be received during the period indicated therein. Entries received before or after the indicated period will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR.

8. STAR and/or its group companies shall not be responsible in the event that any of the Entries (as per paragraph 2 above) are not viewable by STAR or the Participant(s) is/are unable to participate in the Contest due to any network/connectivity problems, breakdown in machinery or any other technical error of any nature whatsoever. For the purposes of these Terms and Conditions, an Entry shall be considered “viewable” by STAR only after STAR has opted to view such an Entry and has successfully viewed such Entry of the Participant. Any automated confirmation/similar message does not constitute proof of actual viewing by STAR. For the avoidance of doubt, by posting his/her Entry, the Participant(s) is representing that the Entry (or contents thereof) are not confidential or comprise any sensitive personal information.

9. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion.

10. STAR reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry(s) or any part thereof at any stage of the Contest, including after declaring the Winners, if STAR: (a) receives any notice or complaint relating to the Entry not being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Entry inter alia: (i) belongs to another person and in which the Participant does not have any rights; or (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; or (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, or otherwise unlawful in any manner whatever; or (iv) harms minors in any way; or (v) infringes any patent, trademark, copyright or other proprietary rights of third persons; or (vi) violates any law for the time being in force; or (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (viii) impersonates another person; or (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) 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 STAR in this regard shall be final and binding upon the Participant(s).

11. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on all the Participant(s). STAR shall select the Winners in accordance with applicable parameters to be determined solely by the Experts.

12. The Participants (including the Winners) agree and consent to the use of their Entry (s) and/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of the Contest, STAR and/or its group companies and/or any programs/events on any channels/platforms owned or operated by STAR or any of its group companies (the “Network”). In consideration for the participation in the Contest, the Participants (including the Winners) hereby irrevocably, exclusively, perpetually and for the entire universe assign all right, title and interest in their Entry(s) including any rights of Exploitation thereof, to STAR, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Entrys and/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in such Entry(s) or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry(s) and/or any part thereof from one form/format to another and in relation to the Entry(s) and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Entry(s) into a film for theatrical Exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD) made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. To the extent that the assignment of all rights, title and interest in the Entry(s) and/or any part thereof, if any, subsisting in favour of the Participants/Winners, in relation to future medium or mode of exploitation of the Entry(s) and/or any part thereof is not held valid by operation of law, the Participants/Winners hereby grant an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of their Entry(s) and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participants (including the Winners) hereby agree that the Participants/Winners shall not assign or in any other manner transfer their Entry(s), including any part thereof, for such means and modes of Exploitation of their Entry(s) and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to STAR without offering for assignment such modes or means of Exploitation of the Entry(s) and/or any part thereof for the entire world and in perpetuity to STAR. The Participants/Winners agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of their Entry(s) and/or any part thereof to any third party in breach of such obligation herein, anywhere in the world, shall be null and void. Further, STAR may Exploit Entry(s) and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not apply to the Terms & Conditions. The Participants (including the Winners) agree to waive off their “Moral Rights” with respect to their Entry(s) and/or any part thereof as required. The Participants (including the Winners) shall do all acts and execute all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR herein.

13. The Participants/Winners who create and submit Entry(s) understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winners are advised to exercise all due caution in the creation and submission of their respective Entry(s). All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Entry(s), shall be the sole and absolute responsibility of the concerned Participants/Winners and STAR (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever.

[B] GENERAL RULES:

1. All Participants must be citizens of India residing within the territorial limits of India during the entire duration of the Contest. The Participants should not have any criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Contest. Proof of age and residence/address, if requested, of the Participants, must be submitted to STAR within timelines as may be required by STAR to confirm the eligibility of the Participant(s).

2. Participants shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. STAR also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to STAR at any point in time during the duration of the Contest or thereafter.

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. It shall be the sole responsibility of the Participants to check the rules and regulations of the Contest available on the corporate website of the Company. Non-conformance by the Participants to any the Terms and Conditions will make such Participant’s Entry null and void.

4. The Participants (including the Winners) acknowledge that in case the conduct of the Contest or enjoyment of the Prize cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as regulatory action/direction, war, industrial action, flood, drought or any act of God, then STAR shall not have any liability in this connection.

5. STAR and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, ailment, death, mental and/or emotional trauma caused to any of the Participants (including the Winners) in any manner whatsoever, in connection to the Contest.

6. The Participants (including the Winners) shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participants/Winners and/or their Entry(s) including any third party intellectual property rights claims with respect to the Entry(s) posted by the Participants to STAR.

7. The Participants (including the Winners) shall not in any circumstances make any claims against STAR or its group companies, 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 (directly or indirectly) affecting the participation or leading to non-participation in the Contest or any related activity by any such Participant(s) or Winner(s). If any Participant and/or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Entry will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.

8. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, sponsors, and the members of their immediate family, are ineligible to participate in the Contest.

9. By participating in the Contest, it shall be construed that the Participants (including the Winners) have waived their right to raise any dispute with regard to the Contest and/or the Prizes, in any manner whatsoever, and have understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and have unconditionally accepted and agreed to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Contest (including the Prizes), the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participants and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s) (including the Winners) of the Contest agree that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity"), if applicable, of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances, the Participant(s) (including the Winners) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s) (including the Winners) agree that the footage/ picture/ photographs of the Participant(s), if applicable, used during the course of the Contest or for the purpose of the Contest shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and on any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participants (including the Winners) agree and consent to the use of any text and/or information and/or any photograph and/or image and/or audio-visual recording and/or other components of his or her Entry(s) on any channel/digital platform/social media handles, as STAR may deem fit, for the purpose of promotion of the Contest and/or the Network and/or any channels forming part of the Network and/or any event/program telecasted on the Network.

11. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest with the courts of New Delhi, India.

-x-x-x-

CONSENT FOR PROCURING PERSONAL INFORMATION

In connection with participating in the “Indoor Cricket League” contest organized by Star India Private Limited, you hereby provide your consent for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “Personal Information”), which Personal Information is subject to: the Company’s personal data privacy policy and website privacy policy, available at http://www.Startv.com/legal-terms-policies/#pdp and http://www.Startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which you have read and understood. Additionally, you agree to, and understand the terms and conditions set out below:

(a) Your Personal Information (including but not limited to your name, your username, location/city, email ID, phone number and address, your image, the contents of your Entry) is being collected by Star India Private Limited (“Company”) pursuant to Terms and Conditions available on the corporate website of the Company, in connection with the contest being organized by the Company called “Indoor Cricket League” (“Contest”) in order to keep the morale of the cricket fans high by engaging with them and encouraging them to share pictures of them playing indoor cricket on Star’s twitter account with the username/handle ‘StarSportsIndia’ and Star’s Instagram account with username/handle ‘StarSportsIndia”. You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.

(b) Your Personal Information will be collected, retained and used by the Company only for the Contest and for promotional/gratification purposes around the Contest and for no other purpose.

(c) Your Personal Information may be used for the Contest, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest on the Star Sports network.

(d) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.

(e) All your Personal Information is true, correct and complete in all respects and in no circumstances, will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.

(f) The Company has provided me with the option to opt out of providing my Personal Information.

(g) You hereby agree to abide by the Terms and Conditions of the Contest available on the corporate website of the Company.

Holi Beach Party Contest

Terms & Conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest (as defined below) as detailed herein for participation in the “Holi Beach Party Contest” (“Contest”) and shall be binding oneach participant (“Participant”, “Your” and/or “You”) residing in the UAE(hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contesthosted by Star India Private Limited (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the rules and regulations, terms, Privacy Policy as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions will disqualify your participation in the Contest.

The Contest shall be governed by the Terms and Conditions, and, by entering the Contest, each Participant acknowledges that he/she has read and understood, and unconditionally agrees to comply with and abide by these Terms and Conditions. The decisions of STAR on all matters relating to the Contest shall be final and binding in all respects.

The Privacy Policy available at the Website at www.startv.com shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by STAR (if any).

STAR shall promote the Contest on the “Star Plus Middle East”, Facebook Pages at https://www.facebook.com/STARPlusMiddleEast/ (“Facebook Page”) and Instagram handle www.instagram.com/starplusmiddleeast/ (“Instagram Handle”).

The Contest shall commence on 8thMarch 2020 at 12:00 PM UAE and shall conclude on11thMarch 2020 at 11.59pm UAE (“Contest Period”).

(I) Participants Eligibility

 

To participate in the Contest the Participant(s) must comply with the below:

1. The Participant(s) must be individual citizens/resident of the Territory and of eighteen (18) years of age or above at the start date of the Contest Period.

2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract.

3. The Contest is not open to the employees (permanent or contract) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and affiliated companies (collectively, “ STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and or entities connected with the promotion of the Contest (collectively, “Sponsors”).

4. STAR reserves the right to verify the eligibility of all Participants.

5. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(s) as null and void.

(II) Participation Mechanism:

 

1. A question related to Holiwith three answer options – two incorrect and one correct shall appear on the Facebook Page. The question with the three answer options shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s)/ follow the social media platforms during the Contest Period and pick the correct answer to the question during Contest Period. To send in their entries, Participant(s) will comment the right correct answer below the social media post

3. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has/have submitted their first entry with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, the subsequent Entry shall be considered null and void.

4. An Entry will be deemed valid only on completion of the full details requested along with the answer to the question.

5. Any details submitted must be accurate and complete and are subject to proof upon request by STAR.

6. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted.

7. The Entries received before the commencement or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible entries will result in disqualification from entry into the Contest and the receipt of any prize.

8. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in a Submission not being received. Any automated receipt of confirmation does not constitute proof of actual receipt.

9. Only eligible Submissions/Entries received during the Contest Period will be included in the Contest.

10. Submissions should state all the required information asked from the Participant(s). If the same is not complied with, then the Submission will not be considered and will be disqualified.

11. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirm that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.

12. The Participant(s) agrees that the Entry shall be free of any virus/Trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intend to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

13. The Participant(s) represents and warrants that the persons appearing in the Entry are the Participant(s) and his/her relatives alone and are not a group of friends or acquaintances. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Selection Process and Gratification:

1. STAR shall within Two (2) days after the expiry of the Contest Period shortlist 2 families (4 members each) randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfil all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR

 

2. The Winner will be contacted on the facebook accountthrough which the Entry was submitted. Such Winner will be required to submit scanned copies of age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documentswithin next 48 (forty-eight) hours of contacting them. In the event, winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated, and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

3. The communication to the Winner would be done within thirty (30) days from the end of the Contest Period. In the event, such communication to Winner is postponed for whatsoever reasons, STAR will not be held responsible and there shall be no winner announcement done on any public forum or otherwise.

4. STAR shall not be responsible if the Winner are not available at the email id provided by them and as a result of which the Winner loses his/her chance to receive the prize.

5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry.

6. STAR shall make only one (1) attempt to reach the Winner. In case they do not revert, the selection shall be invalidated and STAR shall not be liable to that Winner in any manner whatsoever.

7. The Winner shall be required to be present in such location as required by the Companyto receive four movie tickets for the movie Malang.(“ Prize”).

8. The Winner shall be solely responsible for his/her travel to and from the event venue at its sole cost without any recourse to STAR. The Winner shall be responsible for and shall bear any other costs, expenses and charges not specified as being included in the Prize description informed to the Winner from time to time.

9. STAR shall not be liable if the Winner misses the event or for any loss/ damage to their person or property caused/incurred during transit to the venue to receive the Prize. The Winner shall keep STAR indemnified for any loss suffered as a result of the same.

10. STAR shall not be responsible for payment towards alcohol, cigarette, laundry, telephone etc consumed by the Winner.

11. The Winner shall make a declaration as to his physical and mental fitness and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.

12. If the selected Winner is unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

 

13. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.

 

14. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

 

15. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.

 

16. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.

 

17. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner shall stand disqualified without any liability to STAR.

 

18. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.

(IV) Additional Terms:

1. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) check the Terms and Conditions of the Contest on the website of STAR i.e. www.startv.com

2. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors 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.

4. The Winner hereby acknowledge and agree that the relationship between the Winner and STAR is not a confidential, fiduciary, or other special relationship.

5. The Winner hereby agree to be bound by the Terms and Conditions and/or by any subsequent revisions of the Terms and Conditions (“ Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Terms.

6. All Submissions and/or Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner grants STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

7. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant and/or the Winner hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

8. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the selected Winner.

9. By providing any personal information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have his/her information and/or likeness viewed by or disclosed to others, he/she should not enter the Contest.

10. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,

11. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.

12. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

13. The Winner shall do any and all acts and execute any and all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited.

14. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, STAR its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner during the Contest and/or enjoyment of the Prize.

15. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.

17. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai.

18. Limitations of Liability: By entering the contest, each Participant 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 star and/or star 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

'Captain Marvel Twitter Thread’ Activity

Terms and Conditions

Please read the following Terms and Conditions very carefully before participating in the activity ‘Captain Marvel Twitter Thread’ (“Activity”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Activity to be held on the Star Movies’ Twitter handle at https://twitter.com/StarMoviesIndia on March 08, 2020 at 11:00A.M. and ending on March 08, 2020 at 11:59PM. (“Activity Period/Period”), organized and conducted by STAR India. The official Twitter handle is hereinafter referred to as “Handle”. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Activity and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Activity. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Activity and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined later). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Activity shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Activity in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

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

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Activity;

iii. The Participant commenting on Star India’s post in the manner requested by Star India, specified in Para 1.2, shall be a woman or a person identifying as a woman. In any event, the Activity permits any man/others to comment on Star India’s post to tag a woman/other Participant requiring them to respond to Star India’s post in the manner specified in Para 1.2 below.

iv. The Participant should be well versed in the English language - both written and spoken;

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

vi. The Participant should have proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vii. The Participant should abide by all the applicable laws at all times.

viii. Employees, affiliates, directors and representatives of Star India and their immediate family member(s) are not eligible to participate in this Activity.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. 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 the Content of Participant (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: Star India invites all the interested Participants to review the post shared by Star India on the Handle and respond in English language in text in the manner specified in the post, and submit/tweet on the Handle using the Hashtag (as defined below) to create the longest tweet thread. The tweet or post in text submitted in the format, “I AM <full name of Participant> and I have nothing to prove to you”, by the Participant is hereinafter referred to as “Content”.

The Participant (s) should only submit Content which satisfies the following criterion:

i. Relevant to the Activity as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Activity.

ii. upload the Content on Twitter from their own Twitter handle by using the hashtag ‘#AllWomenTwitterThread’ (“Hashtag”) and tagging Star Movies’ Handle (“Tag”). The said Participant accounts should not belong to any third party.

iii. be original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third party and/or privacy/personality rights;

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or 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. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights 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 3.8 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. Activity Mechanism:

After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content from the Participant’s Twitter handle. Participant(s) must enter the Activity on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Twitter account, Star India reserves the right to disqualify such Participant(s) from the Activity.

For avoidance of doubt it is clarified that for the purpose of participating in the Activity, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only post(s)(tweet(s) received before the close of the Activity Period shall be considered valid for the Activity. The Participant(s) agrees not to spam and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Activity.

The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the Hashtag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

Star India reserves the right to add or modify the activity mechanism at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Participants agree that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Activity. The Participants agree not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards to the Activity. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Activity.

Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Activity.

The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use exploit and/or utilize the Content during the Activity Period, as it may deem fit at its sole discretion. In consideration of being giving an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny any Participant(s) from participating in the Activity if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

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 submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights 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 of the Content 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 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 Entry and/or submission of the Content 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 of Content 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 Content): 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 privacy laws for the time being in force;

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

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

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

j. 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 offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners 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 or its licensors and/or their affiliates; (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(vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the material submitted forming part of the Entry and/or the Activity during the Activity Period. 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.

3.10. You acknowledge and confirm that Star India licensors and/or any of its affiliates are not in any manner whatsoever associated with the Activity. This Activity is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates. The Participant(s) unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Activity.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content 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 of Content.

4.2. An external third party digital agency may provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India and/or its affiliates. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. 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 internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) for the purposes of the Activity and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of Star India, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with Star India worldwide in perpetuity and Star India is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Activity and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

4.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.5. For the purposes of this Activity, by uploading and /or submitting/ his /her tweet/post on the Twitter platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Activity without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter shall be resolved directly with the platform without any recourse to Star India.

4.6. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using the respective social media accounts while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

4.7. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).

4.8. By providing any personal information to Star India, as part of the Entry, 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;

4.9. 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 Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the website(s) from time to time in order to be informed of the latest version of the T&C;

4.10. 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;

4.11. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or qualification of a Participant (s), STAR India 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;

4.12. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.13. 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 Participants in any manner whatsoever, in relation to the Activity;

4.14. You hereby understand that, upon completion of submission of Content,You shall not withdraw the Content for any reason whatsoever;

4.15. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets/posts submitted by You.

4.16. Star 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 Activity is delayed or postponed or cancelled;

4.17. Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding 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. Further You in consideration of Your participating in the Activity, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

4.19. 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 (in part or whole) is not in compliance with the Terms and Conditions herein;

4.20. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, 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;

4.21. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Activity. You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.22. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective 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;

4.23. You hereby understand that Star India makes no representation and/or warranties regarding the Activity 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;

4.24. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Activity 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, its licensors and their respective affiliates 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 entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.25. 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;

4.26. 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 of the Content 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.

4.27. The Participant acknowledges and confirms that neither the Star India’s licensors nor any of their affiliates are in any manner whatsoever associated with the Activity.

4.28. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Activity shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Activity. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Activity and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platforms including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platforms including this 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 the social media accounts / 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 social media platforms/ Activity 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.

4.29. Star India are 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 Participant in any manner whatsoever, in relation to the Activity and/or any matters arising out of the Terms and Conditions.

4.30. No purchase or payment of any consideration is necessary to enter the Activity. The only way to participate in the Activity is through participation as described in these T&C. Any person claiming that he/she can help You participate in the Activity and/or win any prizes for a consideration is defrauding You.

4.31. 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, code of conduct. Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

4.32. 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;

4.33. 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 this Activity; and agree to make no public press announcements or information for publication without the explicit approval of STAR India.

4.34. 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;

4.35. 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.

4.36. 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 into public disrepute.

4.37. The Activity shall be null and void in any jurisdiction where prohibited by law.

4.38. 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 this Activity, 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 Participant who has raised a dispute.

4.39. Subject to the provision of Paragraph 4.38. 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.

4.40. You acknowledge that in case the Activity 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 Activity and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.41. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.42. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.43. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.44. You hereby acknowledge that Your voluntary participation in the Activity and /or Your contribution towards the Activity is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

4.45. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.46. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.47. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.48. 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.

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

4.50. In case of any queries in relation to this Activity, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

Taare Zameen Par

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited. By voluntarily participating, You and your Parent agree, to be bound by these Terms and Conditions.

The following terms and conditions govern the entire process for Auditions (as defined below) as detailed herein for participation in the non-fiction reality program tentatively titled “Taare Zameen Par” (“Program”) and shall be binding on You the Parent of the Participant, both being a citizens of India and residing in India referred to as “Territory”) who voluntarily desire to participate in the Auditions hosted by Star India Private Limited (“STAR/Company”) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and/or any other channel as deemed fit by STAR (hereinafter collectively referred to as “Channel”).

“You”, “Your”, “Participant” or “Contestant” means the Parent of the Participant, on behalf of yourself and the Contestant.

By proceeding further, You are representing to the Company that Your Child’s, participation in the Auditions is in compliance with all laws applicable on You and Your Child, and You and Your Child, are not in any manner prohibited from participating herein by any law.

These Terms and Conditions which are available at https://www.startv.com/legal-terms-policies/#tzpr shall be irrevocably binding on each Participant and their Parents, for and on behalf of themselves and the Participant, voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to name, mobile phone number and/or any information gathered by STAR India under or pursuant to this Auditions and in relation to Your Child’s participation in the same. Your act of voluntarily consenting to the participation of your Child in the Auditions in the manner as detailed below shall be deemed to be your absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy of STAR India as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”) which are hereby incorporated by reference. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use will disqualify Your Child’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Parents of Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same. For clarity, these Terms and Conditions will apply to You (i.e., the Parent on behalf of Yourself and your Child who is a Participant.

DEFINITIONS

“Audition(s)” shall mean and comprise the Digital Auditions, Video Auditions, and the On Ground Selection Round held at the Audition Centre collectively to be conducted inter alia in the mode and manner as detailed and set out hereunder during the Audition Period, which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.

“Digital Auditions” means Level 1 of the selection process of the Auditions as detailed herein, to be conducted inter alia in the manner as set out hereunder during the Digital Auditions Period (defined below), which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.

“Digital Auditions Period” shall mean the period commencing from on March 18, 2020 at 12:00 PM IST to and concluding on March 31, 2020 at 12:00 pm IST (both dates inclusive) for participation in the Digital Auditions.

“On Ground Selection Round” means Level 3 (comprising Level 3A and Level 3B) of the selection process of the Auditions as detailed hereunder which shall be televised, to be conducted inter alia at the Audition Center(s) during the On-Ground Selection Period, which the Participant(s) is required to qualify to participate in the Program.

“On-Ground Selection Period” in respect of auditions at Level 3 (including Level 3A and Level 3B) shall mean the period commencing tentatively in the month of April 2020, or on such other date as may be notified by STAR in its sole discretion. STAR shall inform Participants of such dates.

“Audition Centre” shall mean any locations in or around Mumbai, India where the Participant(s) whose Entries are shortlisted at Level 1 and Level 2 will be required to make themselves available for the Level 3 of the Auditions as per the selection procedure.

“Audition Period” shall collectively mean the Digital Auditions Period, Video Auditions Period, and the On-Ground Selection Period.

“Child” means a biological child or a ward as defined under the Guardians and Wards Act, 1890.

“Company” means STAR India Private Limited, the owner and rightsholder of the Program and the entity hosting the Program.

“Contestant(s)/Participant(s)": means any natural person(s) who is between following age bracket: (i) completed the age of 3 (three) years; and (ii) completed the age of 13 (thirteen) years as of 1 January 2020 being a citizen of India and resident of India and at least one of whose Parents is a citizen of India and resident of India as per the applicable laws and whose Parent enters the Auditions/Program individually on behalf of the Participant, in accordance with the terms detailed herein.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Level(s)” shall mean collectively levels 1, 2 and 3 of the Auditions. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.

“Materials” shall mean and include Footage (defined below), Entries, and footage of the Promotional Material (defined below) including any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Contestants during the course of Auditions and/or Program and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions and/or Program. For the sake of clarity, the Audition Clip submitted by the Participants shall not be a part of the Materials.

“Parent” means: (i) biological father or mother of a Participant; or (ii) legal guardian of a Participant appointed by the court in accordance with as per the Guardians and Wards Act, 1890.

“Program” means the televised singing basedreality program (defined below) which is tentatively titled “Taare Zameen Par”.

“Production House” means Optimystix Entertainment India Private Limited, or any other production house as may be appointed by the Company .

“Show(s)” means each episode(s) of the Program including any Special Show(s).

“Show Player(s)” means the selected Participant(s) who are selected through the process of the Audition to participate in the Program.

“Special Show(s)” means any episode/s of the Program recorded with the Participant(s) who belong to a category other than that specified hereunder, which may include celebrities or children special, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Program.

“Studio” means any location deemed fit by the Company for filming of the Televised Selection Rounds and/or the Program.

“Video Auditions” means Level 2 of the selection process of the Auditions as detailed herein, to be conducted inter alia in the manner as set out hereunder during the Video Auditions Period (defined below), which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.

“Video Auditions Period” shall mean the period commencing at any point after receipt of an Entry concluding on prior to commencement of the On Ground Televised Selection Round_ (both dates inclusive) for participation in the Video Auditions.

PRINCIPAL RULES

1. Eligibility Criteria for Participants:

(a) Children who are within the following age brackets: (i) children who have completed the age of 3 (three) years as of 1 January 2020; and (ii) children who have completed the age of 13 (thirteen) as of 1 January 2020; and

(b) Children who are Indian citizens who are resident in India, as per applicable laws; and

(c) At least 1 (one) Parent of the Participant must also be an Indian citizen who is resident in India as per applicable laws; and

(d) Such other criteria provided under these Terms and Conditions.

2. The Digital Auditions, Video Auditions, and On-Ground Selection Round are an integral part of the Program.

3. Only the first 500 (five hundred) valid, unique Entries received by the Company will be considered as eligible for Auditions including Digital Auditions. Irrespective of whether or not the Digital Audition Period is still ongoing, the Company shall not consider any Entries received on the Platform, after the 500th (Five Hundredth) Entry, and all such Entries shall be disqualified from the Auditions and the Program. The Company is under no obligation to inform prospective participants or their Parents that they have stopped accepting Entries.

4. The Digital Auditions will be conducted in the Digital Auditions Period on the Website/Platform, which may be accessed by the Parents of interested Contestant(s) through any device with access to the Internet, including but not limited to limited to mobile phones. Parents who voluntarily choose to enter their children in the Auditions are required to register their Child as a Participant in the Auditions by following the procedure set out in these Terms and Conditions.

5. At least 1 (one) Parent of such Contestant(s) shall accompany the Contestant(s) for all On Ground Selection Round and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier). Each Parent shall have provided prior consent to the participation of the Participant in the Auditions and the Program, and shall accompany the Contestant(s) for all the levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier).

6. The Company shall promote the Auditions through on-air (promos, astons, bugs etc.), radio, online, official social media page/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings and venue(s) of Audition Centre. As a part of the marketing strategy for promoting the Auditions and /or the Program on air, our radio partners may promote the Auditions and/or conduct various contests in respect of the Auditions/Program for the listeners across the country.

7. Procedure to Register:

Parents of Participants who are desirous of entering the Auditions are required to register for the Auditions at [insert hyperlink of consumer facing page] or [insert hyperlink of microsite] (“Website” or “Platform”) by uploading a link to the Audition Clip, Accepting the Terms and Conditions, providing Parental Consent and consent for collection of personal information., submitting their Personal Information and the Audition Clip, as further detailed below.

i. Recording of Audition Clip and Uploading in YouTube.

(a) The Parent of the Participant shall record an audio-visual recording of the Participant singing a Hindi song of their choice (“Audition Clip”) and upload it to YouTube. The Audition Clip must be of the Participant singing such Hindi song without any musical accompaniment and/or background music.

(b) The Parent of the Participant shall create an account with YouTube and comply with applicable terms and conditions of YouTube (“YouTube T&C”), but not limited to https://www.youtube.com/about/policies/#community-guidelines .

(c) Each Audition Clip shall be:

(I) audible, having a good audio/sound quality.

(II) visually clear and should not be pixelated or distorted.

(d) The Audition Clip should have a valid, shareable YouTube link or URL.

(e) If the Audition Clip does not meet the above criteria, the Company and/or the Production House reserves the right to reject the Entry and disqualify the Participant.

(f) It is hereby clarified that YouTube is in no way associated with the Program/Auditions in any manner whatsoever.

ii. Registration on the Platform and Entries

a. Once the Parent of the Participant accesses the Website, the Parent of the Participant shall be required to share the Personal Information of the Parent and the Participant by duly filling the personal information, including but not limited to full name, age, email ID, mobile phone number(s), Parent’s name, city name, and/or any other information/documentation as sought by the Company, at its discretion during the Audition Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Website/Platform.

b. The Parent shall also share the YouTube link to the Audition Clip in the designated field, on the Website.

c. Parental consent as required on the Website/Platform will also need to be submitted in the mode and manner as prescribed or requested on the Website/Platform from time to time during the Audition Period. Company may request details and documents of the Parents such as full names, proof of relation, contact details, email ID, etc. For avoidance of doubt, for the purposes of participating in the Digital Auditions during the Digital Period set out hereinabove, registering through a valid email ID vide the medium of the Platform is mandatory for all Parents of interested Participants.

d. If at any point of time the Company finds that the email ID or phone number or any other Personal Information shared by the Participant on the Website/Platform is false and/or unauthenticated, then STAR shall have the right to forthwith disqualify such Participant from further participation and his/her Entry (defined below) shall immediately be considered to be null and void.

e. Once the interested Participant and Parent of the Participant have completed filling details of his/her Personal Information, he/she shall carefully read the Terms and Conditions available at [hyperlink] and click the checkbox ‘I Accept Terms & Conditions’ (or any other similar wording) in order to accept the Terms and Conditions. The Parent of the Participant shall also read the parental consent form and click the checkbox in order to agree to and submit consent of on behalf of himself/herself and the other parent of the Participant. The Parent Participant shall also read the personal information policy and click the checkbox to accept the Company’s personal information policy. For the sake of clarity, it is clarified that there is a common checkbox to accept each of these terms.

f. Pursuant to the above, the interested Participant and Parent of the Participant shall click on “Submit” in order to submit the Entry and the Participant and Parent of the Participant may receive an acknowledgment message with a unique registration number.

8. The Participant(s) and Parent of the Participant agrees and undertakes that all Personal Information, provided by them at the time of registration is true, correct, and accurate.

9. The Participant(s) and Parent of the Participant by sharing the Audition Clip hereby represents, covenants and declares that (i) the Audition Clip is/are original and performed/enacted by the Participant(s) (ii) the Audition Clip do not and will not constitute any infringement of copyright or any right of privacy, or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurt the religious sentiments of people worldwide or be defamatory of any person deceased or alive or blasphemous in its content and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Audition Clip, such material and all rights therein and that no other person or party has right or interest in the Audition Clip as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Audition Clip shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Audition Clip is/are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant(s) and Parent of the Participant has not/have not granted any rights in the Audition Clip to the prejudice of any rights granted to the Company hereunder (vi) the Audition Clip is/are not in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Audition Clip for the purpose of the Auditions have been secured by the Participant(s) and Parent of the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to Company. In the event the publishing of the Audition Clip is assessed to be prohibited in any manner and/or considered to be inappropriate due to moral, political or religious reasons or any reason whatsoever, STAR may, at their discretion edit/ remove/cut the contentious portion and re-publish such Audition Clip or reject the Audition Clip altogether and the Participant agrees not to object to the same. The Participant(s) and Parent of the Participant acknowledge that the Company shall in no manner be liable if the Audition Clip or any part thereof has been edited/removed/cut or any contentious portion has been edited/removed/cut and re-published. The Participant(s) and Parent of the Participant must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service in any of the Audition Clip. The Participant and Parent of the Participant further agrees and confirms that the Company is entitled to reject the Entry (defined below) of the Participant in the event that the details submitted by the Participant at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.

iii. The Participant and Parent of the Participant agrees and undertakes that the Entry/Audition Clip submitted by him /her are in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.

iv. The Participant(s) and Parent of the Participant further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update or share any information and /or upload or submit Audition Clip that —

a. belongs to another person and to which the Participant(s) do not have any right to;

b. is grossly harmful, harassing, blasphemous, pornographic, pedophilic, 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. harm minors in any way;

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

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

f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g. impersonates another person;

h. contains software viruses, Trojans, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including harming recipient’s computers/system/servers etc.;

i. 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 offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, Participant agrees that STAR has the right to remove any such Material/Entry/Audition Clip which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.

v. For purposes of the Auditions, accessing the Website/Platform, mandatorily providing a link to the Audition Clip on the Website/Platform and thereafter furnishing the Personal Information in the mode and manner as prescribed,, as the case may be, along with the acceptance to the Terms and Conditions and parental consent and personal information policy shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Entry has been submitted, he/she shall not be entitled to re-submit any information, including but not limited to any Audition Clip through such email ID and Entry submitted by him/her for the first time shall be considered final and valid Entry for the purpose of the Audition. It is further clarified that any Entry submitted by him/her through an email ID shall not be permitted to submit another entry through the same email ID. For the avoidance of doubt, if the Parent of the Participant(s) fails to provide minimum 1 (one) Audition Clip as prescribed in the Terms and Conditions or provides incorrect Personal Information or fails to furnish Personal Information in the manner prescribed or if the Audition Clip is in violation of the terms stated herein, then his/her Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Auditions. The Channel /Company shall be free at any point of time to contact and/or communicate with the Parent of the Participant for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Parent of the Participant shall unconditionally facilitate the same. Any incomplete Entry and/or Entries with incorrect format, inadequate Personal Information, invalid email ID, or which consist of content, which contains any of the elements specified in sub-clause (vii) above, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions.

vi. Entries received after the Digital Audition Period will not be considered for the Digital Auditions and shall be deemed null and void. The Company shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever. It shall be the Participant’s sole responsibility and sole responsibility of the Parent of the Participant to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.

vii. Each Entry shall have a single Participant – no duets, triads or groups Participants are permitted.

viii. There can be a maximum of 1 (one) entry per Participant. In the event of more than 1 (one) entry per Participant, the first Entry received will be taken into account, and the remaining entries will be disregarded.

ix. Entries sent before and after the Audition Period will not be considered for the Program and shall be deemed null and void.

10. The selection and shortlisting process for the Auditions shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, a Participant cannot enter the Auditions without undergoing the process at each Level:

A. LEVEL 1

i. Subject to the Participant(s) having made a valid Entry, all the Audition Clips fulfilling the criteria set out herein shall be viewed and evaluated by the Production House and/or STAR and/or its representatives and /or professional experts/singers/music composers appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). Neither the Participant(s) nor the Parent shall be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law. It is further clarified that the composition of the Panel may vary from time to time during various stage of the Auditions.

ii. The Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of his/her performance, voice quality, grace, personality, technique, selection of act, ideas, entertainment factor, uniqueness, etc. or any such other criteria determined by the Company at its sole discretion.

iii. The Panel shall have the sole authority to judge and rate the Audition Clips and performance of all the Participants and their decision shall be final and binding on all Participants and their Parent. Based on the evaluations of the Audition Clips by the Panel, the top-rated performances shall be shortlisted and the Participants shall be selected and eligible for participation in Level 2 of the Auditions.

iv. The Parents of all Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection vide an email. If there is no response by the Participant and the Parent of the Participant within twenty four (24) hours of receipt of such email by Participant and Parent of Participant, Company and/or the Production House shall attempt to contact the Participant and Parent of the Participant, upto a maximum of three (3) times, via telephone that has been provided by the Parent at the time of registration or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and Parent of the Participant shall be solely responsible for checking the email/calls received from the Company. Such communication by the Company shall also give brief details of the next level of audition – Level 2, date and time of the Auditions, etc. The Parent of the Participant shall be required to give a confirmation of the Participant’s participation for Level 2 Auditions upon receiving an email or call, as the case may be. The email communication from the Company shall also provide details of the medium (which shall be teleconferencing/ audio-visual conferencing or other similar media) and requirements for the Level 2 Auditions which the Parent shall be required to confirm and make necessary arrangements for, prior to the Level 2 Auditions. It is clarified that in the event of the Parents of the Participant have not installed the necessary software or otherwise met the necessary requirements for the Level 2 Auditions, the Participant shall not be eligible for the Level 2 Auditions and shall consequently be disqualified. The Participants shall be provided with a minimum of 24 hours’ notice to be available for the Level 2 Auditions.

B. LEVEL 2

i. Participant(s) and Parent of the Participant(s) shortlisted at Level 1 shall be required to participate and perform in Level 2 Auditions, on specific dates and time and via such media as decided and communicated by the Company and communicated to the Parents of the Participants.

ii. Such Contestant(s) shall be asked to perform a Hindi singing act of their choice to showcase their talent (“Act”) and be further interviewed by the Production House, Company and/ or Panel regarding his/her background, family history, singing experience, etc.

iii. The Act shall be conducted via video call, teleconferencing, or any other similar audio-visual media as may be decided by Company.

iv. The Act of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their versatility, style, overall personality, stature of their performance, voice quality, song selection, screen presence, ideas, entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same .

v. The Company reserves the right to select any number of Contestant(s) from the Video Auditions. The selected Contestants shall be eligible for the next level of selection; Level 3. The Contestants shall be informed about their selection for the next round, i.e. which shall be tentatively held in the city of Mumbai or such other city as may be decided/ communicated by the Company and/or the Production House, at its sole discretion.

vi. The Parents of all Participant(s) selected and shortlisted for Level 3 shall be intimated about their selection vide an email and/or telephone that has been provided by the Parent at the time of registration or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and Parent of the Participant shall be solely responsible for checking the email/calls received from the Company. Such communication by the Company shall also give brief details of the next level of audition – Level 3, date, place and time of the Auditions, etc. The Parent of the Participant shall be required to give a confirmation of the Participant’s participation for Level 3 Auditions upon receiving an email or call, as the case may be.

vii. Such selected Contestant(s) and their Parents shall be required to be present in or around Mumbai for the next level of selection on the day and time specified by the Company.

viii. It is clarified that in the case of Participants who have either been disqualified or not shortlisted for further levels of Auditions shall not receive any communication in respect of the same.

C. LEVEL 3 – (TELEVISED SELECTION ROUNDS)

i. Participant(s) and Parent of the Participant(s) shortlisted at Level 2 shall be required to be present in the Audition Centre in Mumbai to participate and perform in Level 3 Auditions located in Mumbai, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective shortlisted Contestant(s) in Level 3, who have gone through the similar selection process as the Contestant(s). Such decision of the Company shall be final and binding upon all the Contestants and their Parents.

ii. Participation in the Auditions and the Program by Participants is subject to and conditional on the Parent furnishing: (x) a valid original government issued identification of the Parent and the Participant, and such other personal information as may be required to be submitted, to enable the Company to verify the Parent’s relationship with the Minor, the identity, age, residency and citizenship of the Parent and the Participant, and; (y) execute a registration form, consent letters, declaration cum indemnity and such other documentation as may be specified by the Company and//or the Production House, in form and substance as may be requested or provided therein. In case the said Parents of Participants are unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

iii. Such Contestant(s) shall be asked to perform a Hindi singing act of their choice to showcase their talent (“Act”) and may be further interviewed by the Company and/ or Panel regarding his/her background, family history, singing training and/or experience, etc.

iv. The Act performed by the Contestant(s) shall be evaluated by an esteemed panel of expert judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“Judges”) engaged by the Company at its sole discretion.. The Judges shall evaluate the Contestant’s Act based on their voice quality, versatility, style, overall personality, stature of their performance, song selection, entertainment factor, uniqueness, etc., and such other criteria as may be determined by the Company in its sole discretion

v. Level 3A: Based on the evaluations of the Acts the Judges may, based on a simple majority, select, shortlist and/or eliminate certain Participants as follows:

(a) selected as Show Players, the top-rated Participants, for participation in the Program.

(b) The Participants whose have not been selected as Show Players under Level 3A, shall be given an opportunity to perform an Act for the Judges in Level 3B for a chance to be selected as Show Players (“Shortlisted Participants”). It is clarified that the Shortlisted Participants selected for participating in Level 3B shall not be deemed to have shortlisted as Show Players, unless they receive a communication in accordance with (vi) below.

vi. Level 3B: Shortlisted Participants, shall be required to perform an Act before the subjected to a further evaluation by the Judges, based on the Parameters. Participants may be further interviewed by the Company and/ or Panel regarding his/her background, family history, singing experience, knowledge of singing or music etc. Basis the evaluation on the Parameters, the Judges shall select some of the Shortlisted Participants as Show Players. The Shortlisted Participants who have not been selected as Show Players shall be eliminated from the Auditions.

vii. Shortlisted Participants who have been selected as Show Players pursuant to Level 3A and Level 3B Auditions shall be intimated about their selection on the same day and date as the Level 3A or Level 3B Auditions respectively, on the same day and date as the Audition, in person or any other mode of communication, as the Company may deem fit at its sole discretion, and the Parent of the Participant shall be solely responsible for being available at the Audition Centre and checking for communication received from the Company and/or the Production House.

(a) The selected Participants and Show Players and their Parent(s) shall have to ensure that they will make themselves available for all shoot dates and travel locations to any place for the shoot of the Program and Televised Selection Rounds, as may be informed by the Company from time to time.

(b) The selected Participants and Show Players and their Parents will need to reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program and Televised Selection Rounds.

(c) Upon successful completion of the contract and agreement with the Show Player(s) in relation to the arrangements for such Contestant(s), attendance at the Studio, the selected Show Player(s) and their Parent must attend the Studio at the time and date communicated by the Company.

(d) In the event of the failure of any of the Participants or Show Player(s) or their Parent from attending the Studio by the aforesaid time for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Program or and Televised Selection Rounds, as applicable.

(e) The cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, etc.) shall be solely borne by the Parent of the Participant(s), however, the cost of travelling & lodging of such Participant(s) and Parent of the Participant shall be borne by the Company and/or Production House on actuals and upon submission of original bills etc. subject to the same falling within the fixed cost bracket as decided by the Company at its sole discretion and communicated to the Contestant(s) and Parents of the Contestants and subject to the Contestant(s) and Parents of the Contestant providing the Company with actual receipts/documentation evidencing such expenses. If the Participant(s) fails to attend the Audition or the Program at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other Participant at its own discretion.

(f) For avoidance of doubt it is clarified that the decision of the Company and/or the Judges shall be final in this regard and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same.

(g) The Company reserves the right to select any number of Contestant(s) from the Audition Center as deemed fit in accordance with the Program requirement and all such decision shall be final and binding on the Contestants.

11. Participant(s) who have participated in singing based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Contestant(s) and Parents of the Participants agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.

12. The Company reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Contestant(s) and Parents of the Contestants and/or people who have turned up at the Audition Centre(s).

13. It is clarified that the Contestant(s) and Parents of the Participants shall be solely responsible to make all arrangements for facilitating their Act and the Company shall not be responsible to provide the same.

14. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/Judges shall be final and binding on all the Contestant(s) and in no event shall the Contestant(s) dispute the decision made by the Channel/Company or its employees in connection to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Contest/Program, the decision of the Company shall be final and binding.

15. The Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act beyond a reasonable time period. For the purposes of this Auditions, reasonable period shall mean 30 (thirty) seconds. The Participant shall abide by the decision of the panel and/or Judges/Company/Production House in this regard.

GENERAL RULES

1. Children of employees of the Company and its affiliates, of the Production House or its affiliates, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also children of employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Hindi or English; are ineligible to participate in the Auditions. Further, failure to provide proof of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s) and their Parent.

2. In the event the Participant and Parent of the Participant(s) is found to be in violation of any applicable laws at any point of time during the Auditions and /or Digital Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Digital Auditions and /or Auditions..

3. The Parent of a Participant, represent to the Company that the Parent of the Participant is free and competent to enter the Auditions on behalf of himself/herself and the Participant; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.

4. Participant(s) who have participated in singing based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant, at any time, at any Level of the Auditions, on such ground, based at its sole discretion. The Contestant(s) and Parents of the Participants agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.

5. The Parent of a Participant below the age of majority as per applicable laws hereby provides his/her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:

a. The Participant has read, understood and accepted the Privacy Policy and understand and agree that my Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.

b. The Personal Information may include information of the Participant and the Parent, inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, Audition Clips, videos.

c. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Auditions/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Auditions/Program and the uses set out below in (d) below.

d. The Personal Information will be used for the Auditions/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company, in respect of the Auditions/Program on the channel(s) owned and/or operated by the Company and its affiliate and/or the digital platform ( Hotstar)– Novi Digital Entertainment Pvt. Ltd.

e. The Personal Information will be shared by the Company with the Production House, the Panel, Judges and the public at large, in connection with the Program.

f. The Production House will be collecting and retaining the Personal Information on behalf of the Company.

g. The Company has informed the Participant and the Parent of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, of his/her rights to: (i) review his/her Personal Information for deficiencies and inaccuracies, and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify my entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.

h. All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information.

i. The Company has provided the Participant and the Parent of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, with the option to opt out of providing his/her Personal Information, and the Participant has not exercised such option.

6. The Participant and Parent of the Participant(s) shall not make any claims against STAR, Channel, their directors, employees 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 Auditions or any related activity including any unauthorized access of the Audition Clips, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy or any other documentation, the corresponding Entries will be disqualified.

7. STAR shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company 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 internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit” button. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal data or information.

8. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant (s) and Parent of the Participant in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant (s) and Parent of the Participant shall hold harmless the Channel, Company, 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) and/or the Parent of the Participant, in any manner whatsoever in connection with the Program and/or any aspect of the Auditions and waives 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 forum in India to claim any damages or reliefs.

9. By entering the Auditions, each Parent, on behalf of the Participant, and himself/ herself, acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Auditions, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards associated with entering the Auditions (if any), notwithstanding the foregoing, under no circumstances will the Company and/or its 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. The Participant and the Parent of a Participant acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant and the Parent of a Participant, fully understand this aspect of the Program and shall neither hold the Production House/STAR liable for any such depiction nor shall make any claims in respect of the same against the Production House/Star and/or the Channel or any of its representatives and/or the Jury.

11. The Company reserves all rights to make amendments to the Levels of Auditions, Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant and Parent of the Participant to check the Terms and Conditions for the Auditions on the Website/Platform from time to time. STAR also reserves the right to discontinue and/or cancel and/or postpone the Auditions/Program without any prior intimation to the Participant and Parent of the Participant.

12. The Company shall in no manner whatsoever be responsible for security of Participant(s)’s Entry and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

13. The Participant and Parent of the Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Auditions. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Auditions /Program. The Participant and Parent of the Participant further confirms that he /she is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).

14. No purchase or payment of any consideration is necessary to enter the Auditions. The only way manner of participation in the Audition is via Digital Auditions as described in these Terms & Conditions..

15. The Participant (s) and Parent of the Participant (s) is required to furnish necessary supporting documentation in original (i.e., school leaving certificate, college leaving certificate) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) and Parent of the Participant(s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or STAR in its sole and absolute discretion. In case of a legal guardian, the said person will need to furnish all paperwork and also produce the relevant order /decree of the court whereby he /she has been appointed as “Legal Guardian” of the Participant below the age of majority as per applicable laws.

16. Participant and Parent of Participant hereby expressly acknowledge that no fees, royalties, residuals, or other consideration will be payable in respect of any broadcast, subsequent rebroadcast or retransmission or any other use by the Company and/or the Producer (or any assignees or licensees) of the Show or any part thereof in any manner or media now known or hereafter invented.

17. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and Parent of the Participant(s) and/or the public. The Company further reserves the right to, at its discretion any time during the telecast of the Program re-introduce the Digital Auditions and Video Auditions for the purpose of introducing new Participants for participating /competing in the Program.

18. Company reserves the right to introduce, at any time and in its sole discretion, and without any prior intimation to the Participants and Parent of the Participant(s) and/or the public, any other prospective shortlisted Participant(s) at any Level of the Auditions. Such decision of the Company shall be final and binding upon all the Contestants and their Parents.

19. The Company reserves the right, in its sole discretion, to select any number of Contestant(s) from each Level of the Auditions.

20. For avoidance of doubt it is clarified that any and all decisions of the Company and/or the Panel made with respect to the Program/Show/Auditions shall be final and neither the Participants nor any one on their behalf (including his /her Parent) shall have any objection to the same.

21. The Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) are not obligated to watch any of the performance of the Contestant(s) and /or the Act(s) beyond a reasonable time period. For the purposes of this Auditions, reasonable period shall mean 30 (thirty) seconds. The Participant shall abide by the decision of the panel and/or Judges/Company/Production House in this regard.

22. The Company will not entertain any requests or claims to check/ audit/ challenge the logic of factors relevant for the selection of the Participant(s).

23. Only Parents of Participant must enter the Auditions voluntarily on behalf of the Participant and Entry(ies) by the Participant on his/her own or by any other proxy (except the Parent) will not be accepted.

 

24. The Channel/STAR reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant or the Parent of the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and Parent of the Participant (s) and also STAR /Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

25. In case for whatever reason any Participant and Parent of the Participant (s) is not agreeable to travel, stay, etc., the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

26. Participant(s) and Parents of Participants agree not to bring any weapons, alcohol or non-prescription controlled substances for any part of the audition and agree to irrevocably allow the Company to conduct a discreet inspection of the Parent’s belongings to ensure strict compliance of this condition.

27. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant and Parent of the Participant shall without limitation be bound by such decision of the Company.

28. The Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased, or do anything in the nature of an endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

29. The Participant(s) and Parent of Participants shall not grant or publish any interviews, or share any information verbally or in writing including news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the names and identity of the selected Show Players, Judges or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant and Parent of Participants shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company.

30. The Participant(s) and Parent of the Participant (s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) and Parent of Participants shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

31. Participant(s) and Parent of Participant(s) specifically agrees and acknowledges that any disputes or claims shall be resolved individually and the participants agree to not file by resort to any form of class action and or through any family member and or through any third party applications, criminal and/or civil proceedings in any courts or forums against the Producer and/or Company and/or their directors, employees, affiliates or subsidiaries to claim any damages.

32. Participant(s) and Parent of Participants agrees to not attempt to gain unauthorized access to servers or networks connected to the Company’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of the Company’s services.

33. At all times, Participant(s) and Parent of the Participant agrees that the decisions of the Organizers shall be final and binding and they shall not have any claim against such decisions taken by the Organizers in respect of the Audition and the Show.

34. Non-conformance by any Participant and by the Parent of the Participant the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, or Privacy Policy then STAR will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

35. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants and Parent of Participants.

36. Notwithstanding a Participant 's participation in the Program/ Auditions there is no obligation on the part of the Company to broadcast the Program, nor any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.

37. The Company shall not be responsible if the Participant(s) and Parent of the Participant is not available at the telephone numbers provided by them and/or does not respond to the emails sent to them, as a result of which, the Participant may lose his/her chance to participate then such decision of the Company shall be final and binding.

38. Participant (s) and Parent of Participants specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

39. For the purposes of this Audition, by uploading and/or submitting his/her audio/video on the Youtube platform, the Participant(s) and Parent of Participant agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Youtube. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant and Parent of Participant shall be responsible for checking the same without any recourse to Star India. If the audio/video is unavailable for reasons including but not limited to non-compliance with Youtube’s Terms and Conditions, suspension of account or any other reasons then such entry(ies) shall be considered invalid.

40. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the Parent of the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant and /or natural guardian/legal guardian of the Participant(s) on behalf of the Participant(s), on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant and /or natural guardian of the Participant(s) on behalf of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant or the natural guardian on the behalf of minor Participants hereby agree that neither the Participant(s) nor his/ natural guardian shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. The Participant and /or Parent of the Participant(s) on the Participant (s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

41. The Participant(s) through their Parent waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) and the Parent of the Participant(s) further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant and the Parent of a Participant acknowledges that the Entry submitted and /or Audition Clips submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

42. The Participant and Parent of Participants agree and acknowledge that the Channel/STAR shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

43. The Participant and Parent of Participants shall make themselves available from time to time and co-operate with the Channel and/or STAR and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable/ additional consideration to the Participant. Further, the Participant and Parent of Participants shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

44. Participant(s) and the Parent of the Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion of the Program all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or STAR or the Channel without notice to the Participant and Parent of the Participant(s) and without any further compensation to the Participant and Parent of the Participant (s).

45. The Participant and Parent of the Participant (s) agree that in consideration of being given opportunity to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, STAR, its affiliates, their respective employees, officers, directors, affiliates, group companies or any other person from and against any loss suffered by the Company and/or the Production House or any injury/damage/harm/loss/death/mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions including for a breach of these Terms and Conditions, and to the extent permissible under law waives 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 forum in India against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

46. The Participant and Parent of the Participant (s) ) agree to keep STAR, the Channel, its affiliates, their respective employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Audition Clip, by STAR and /or any of its affiliate companies and/or channels.

v. Each Participant(s) and Parent of Participant(s) hereby acknowledges and agrees that the relationship between the Participant(s) and the Company and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

47. The Participant and the Parent of Participant agrees that STAR shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. STAR shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) and Parent of Participants acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

48. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) and Parent of the Participant (s) by the Production House and/or STAR which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR, as the case may be, and is valuable, special and unique to the business of Production House/Star, as the case may be. Participant(s) and Parent of the Participant (s) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

49. Participant(s) and Parent on behalf of the Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto. Participants, Parents of Participants, or any other persons(s) acting for or on behalf of the foregoing (together, the "Complying Parties") will comply strictly with all applicable anti-corruption laws and regulations. Specifically, the Complying Parties have not taken and will not take any action in furtherance of an offer, payment, promise to pay, or authorization of the payment of money or giving of anything of value, either directly or indirectly, to any person while knowing that all or some portion of the money or thing of value will be offered, given or promised to anyone to improperly influence official action, to obtain or retain business or otherwise to secure any improper advantage, (b) The Complying Parties will engage only in legitimate business and ethical practices in commercial operations, in relation to dealing with any governmental officials or government authorities or third parties pursuant to and in relation to these Terms and Conditions, and (c) In the performance of these Terms and Conditions, under no circumstances will Participant or Parent of a Participant engage the services of any third party or external consultant whose purpose or activities will be to interact with government officials or authorities on behalf of Star, without prior written consent of Star.

50. All obligations, representations, warranties, grant of rights in relation to a Participant shall be deemed to be provided by the Parent of the Participant on behalf of himself/herself and the Participant.

51. The Participant and Parent on behalf of the Participant (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.

52. Participant and Parent on behalf of the Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations and this survival clause shall survive the efflux of time and the termination of these Terms and Conditions.

53. The participation of the Participant the in the Auditions shall mean that the Participant and Parent on behalf of the Participant(s) has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, as provided on the Website.

54. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) Parent on behalf of the Participant(s) who has raised the dispute.

55. Subject to the provision of paragraph 54 above, the Courts having exclusive 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 Mumbai, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

SUPERSTAR MOM

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited and/or Pixel Pictures Private Limited. By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all the eligibility requirements set out herein below.

The following terms and conditions (“Terms and Conditions ”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the mother & child based game show titled “Superstar Mom” (“Program/Show”) in Telugu language and shall be binding on each participant, jointly & severally (“ Participant(s)”, “Contestant”, “Your” “Your Child” “Minor Child” and/or “You” ) residing and a citizen of India (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Auditions hosted by Star India Private Limited (“STAR/Company”) and/or Pixel Pictures Private Limited (“Production House”) for the purpose of selection and participation of Participant(s) in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and /or any other channel as deemed fit by STAR (hereinafter collectively referred to as “Channel”).

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at https://www.startv.com/legal-terms-policies/#ctc . By proceeding further, You are representing to the Company that Your and Your Child’s participation in the Auditions is in compliance with all laws applicable to You and Your Child and You and/or Your Child are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s) for and on behalf of themselves and the Minor Child, (jointly & severally) voluntarily participating in the Auditions. STAR and/or Production House will have access to and collect information and data shared by the Participant(s) for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant(s) for and on behalf of themselves and the Minor Child, hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by STAR, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”)

By participating in the Auditions, it is deemed that the Participant(s) for and on behalf of themselves and the Minor Child have read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participants’ for and on behalf of themselves and the Minor Child act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participants’ for and on behalf of themselves and the Minor Child’s absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your and Your Child’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) for and on behalf of themselves and the Minor Child are requested herein unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

Audition(s) ” shall mean different Levels of selection process to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed and set out hereunder during the Audition Period (defined below), which the Participant(s) (jointly & severally) is required to qualify to participate in further Levels for participating in the Program.

Audition Centre” shall mean any tentative locations in Hyderabad, Vijayawada, Vizag and/or any other city/location, as decided and finalized by the Company at its sole discretion where Level 1 of Auditions (as mentioned below) will be conducted and the shortlisted contestants of Level 1 of all the respective Audition Centre(s) shall be eligible for Level 2.

Audition Period” in respect of Auditions shall mean the period stipulated and /or updated by the Company at its discretion on https://www.startv.com/legal-terms-policies/#ctc (“Website”) or such other modes of announcement made by the Company and/or Production House as deemed fit, from time to time which is required to be checked by the Participant(s) from time to time. Tentative Audition Centre(s) and Audition Period shall be as follows, which may change from time to time at the sole discretion of Company and/or Production House and the Participants’ is required to keep updated by checking the website or such other modes of announcement made by the Company and/or Production House as deemed fit, from time to time:

Sl. No.

Audition Centre(s)

Audition Period

 

1

Hyderabad – Saradhi Studios

1st March, 2020

2

Vijayawada

TBC

3

Vizag

TBC

"Company" means Star India Private Limited, the owner and right holder of the Program and the entity hosting the Auditions.

Contestant(s)/Participant(s)": shall collectively mean a Mother and Child, being the Child (boy/girl) borne out of a legal wedlock and/or a legally adopted Child as per applicable laws of India and between the following age group

  • Mother – between the age group of 25 (twenty five) and 35 (thirty five) years as on March 1, 2020 (completed the age of 24 and not completed the age of 35)
  • Child – between the age group of 5 (five) and 10 (ten) years as on March 1, 2020 (completed the age of 4 and not completed the age of 10),

both being an Indian citizen and resident of India and conversive in Telugu Language and enters the Auditions /Program with Child in accordance with the terms detailed below.

Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant(s) relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

Level(s)” shall mean collectively levels 1 and 2 Auditions. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.

“Child” means any participant being a boy or girl borne out of a legal wedlock and/or a legally adopted Child as per applicable laws of India between the age group of 5 (five) to 10 (ten) years as on March 1, 2020 (completed the age of 4 and not completed the age of 10)

“Mother” means a biological mother of a Child and who is between the age group of 25 (twenty five) to 35 (thirty five) years as on March 1, 2020(completed the age of 24 and not completed the age of 35)

Program” means the televised mother and child based game show (defined below) which is titled “Superstar Mom”.

Production House” means Pixel Pictures Private Limited.

"Show(s)" means each episode(s) of the Program including any Special Show(s).

Show Player(s)” means the selected Participant(s) who are selected through the process of the Audition to participate in the Program.

Special Show(s)” means any episode/s of the Show /Program recorded with Participant(s) who belong to a category other than that specified hereunder, which may include celebrities or any other category which may be decided upon by the Company and/or Production House in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.

Studio" means any location deemed fit by the Company and/or Production House for filming of the Program.

Works/Materials” shall mean and include Footage (as defined below), any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participant(s) during the course of Auditions/Program/Show or the Auditions or the Audition Video(s) and any other Intellectual Property created/ generated by the Participant(s) during the course of participation in the Auditions/Program/Show.

“Participant(s)”, “Contestant(s)”, “Your” “Your Child” “Minor Child” “Child” and/or “You” means any participant in the Auditions including the Mother and Child participating in the Auditions.

PRINCIPAL RULES

1. The Auditions are an integral part of the Program. The Auditions will be conducted on-ground in the Audition Centre(s) located in the Territory and interested Contestant(s) shall be required to be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below and is open only for Mother and Child and ready to participate along with her child with the age group and criteria as mentioned hereinabove. An individual who is not a legal mother and/or a legal child are not eligible to participate in the Auditions.

2. The Company and/or Production House shall promote the Auditions through on-air (promos, Astons, bugs etc)., print, radio, online, official social media pages/handles of the Company and/or Production House or any other manner as the Company and/or Production House may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings and venue(s) of Audition Centre.

3. Procedure to Register :

i. Sharing Personal Information

 

a. To register and to participate in the Auditions, the interested Participant(s) shall:

i. have a unique registration code assigned to her at the Audition Centre(s) (“Registration Number”);

ii. Fill and execute a registration form for and on behalf of themselves and the Minor Child or any other document(s) at the Audition Centre(s) and duly submit all personal information of the Participant(s) and the Child including but not limited to your and your Child’s date of birth, full name, gender, age, email ID, contact number(s), the name of their state/city where You and Your Child reside, joint photo with Child, Your and Your Child’s recent photo, a valid original government issued identification (Aadhar card, Passport, Birth Certificate etc) and such other personal information as may be required to be submitted to enable the Company and/or Production House to verify the relationship with the Child, the identity and age of the Mother and the Child and/or any other information/documentation as sought by the Company and/or the Production House, at its discretion during the Audition Period as may be required to be submitted by them on the registration form (“Personal Information”) in a manner and form, as requested and/or prescribed therein (“Registration Form”);

iii. The Participant(s) for and on behalf of themselves and the Minor Child shall be required to fill and execute the declaration cum indemnity and/or any other document at the Audition Centre(s) as may be required to be submitted by them on the registration form in a manner and form, as requested and/or prescribed therein (“Declaration Cum Indemnity”).

b. In case the said Contestant(s) is unable to attend the auditions along with her Child or furnish the original document(s) including but not limited to a valid original government issued identification and such other personal information as may be required to be submitted to enable the Company and/or Production House to verify the relationship with the Child or submit self-affirmed photocopy of the same or submit the necessary proofs, the said Contestant(s) shall be disqualified by the Company and/or Production House. For the purposes of this Auditions, the Registration Number and the Registration Form bearing the signature of the Contestant(s) for and on behalf of themselves and the Minor Child on the Registration Form duly submitted by the Contestant(s) at the Audition Centre(s) shall be considered as a complete entry (“Entry”).

c. Contestant(s) undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and/or Entries with incorrect format/formation and/or inadequate information and/or false / unauthenticated / fabricated entry(ies) will be considered invalid and will be disqualified from participating in the Auditions. The Company and/or Production House shall be free at any point of time to contact and/or communicate with the Contestant(s) for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the Entry and the Contestant(s) shall unconditionally facilitate the same.

d. If at any point of time the Company and/or Production House finds that the Personal Information shared by the Participant(s) is found to be false and /or unauthenticated and /or fabricated, then STAR and/or Production House shall have the right to forthwith disqualify such Participant(s) from further participation and his /her Entry shall immediately be considered to be null and void.

e. The Participant(s) agrees and undertakes that all Personal Information, provided by her at the time of registration is true, correct, and accurate. The Participant(s) hereby represents, covenants and declares that(i) photo(s) of the Mother & Child are original (“Photo(s)”), (ii) the Photo(s) does not and will not constitute any infringement of copyright or any right of privacy, or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurts the religious sentiments of people worldwide or be defamatory of any person deceased or alive or blasphemous in its content and that he/she fully owns and controls all rights and interests including all intellectual property rights in the Photo(s), such material and all rights therein and that no other person or party has right or interest in the Photo(s) as a partner or otherwise howsoever (iii) the Photo(s) shall not expose the Company and/or Production House to civil and/or criminal proceedings and /or claims of any nature whatsoever. The Participant(s) further agrees and confirms that the Company and/or Production House is entitled to reject the Entry of the Participant(s) in the event that the details submitted by the Participant(s) at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.

f. The Participant(s) agrees and undertakes that the Entry Photo(s) submitted by her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, objectionable, disparaging etc.

g. The Participant(s) further agree and undertake that she shall not host, display or share any information that belong to another person and to which the Participant(s) do not have any right to;

a. is grossly harmful, harassing, blasphemous, pornographic, pedophilic, 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;

b. harm minors in any way;

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

d. violates any law for the time being in force;

e. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

f. impersonates another person;

g. threatens the unity, integrity, defense, 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. For avoidance of doubt, Participant(s) agrees that STAR and/or Production House has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant(s) shall not be entitled to object to the same.

h. Entries at the respective Audition Centre(s) shall be on first come first serve basis between 10.00 am to 3.00 pm and/or any other time as decided and communicated by the Company and/or Production House at its sole discretion. It is further clarified that the Company and/or Production House reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company and/or Production House in such situations shall be considered final and binding and the Contestant(s) shall not challenge/dispute such decisions. Any Entry received after the Audition Period will not be considered for the Auditions and shall be deemed null and void. The Company and/or Production House shall not be responsible for any Entries submitted, whether correctly or not, but not received due to any reason whatsoever . It shall be the Participant’s sole responsibility to ensure that the Entry is submitted correctly after following the due procedure specified by the Company and/or Production House hereunder and Terms and Conditions prescribed herein.

4. The selection and shortlisting process for the Auditions shall be conducted as detailed below for each Level of the Auditions. For the sake of clarity, a Participant cannot enter the Auditions without undergoing the process at each Level:

A. LEVEL 1

i. Subject to the Participant(s) having made a valid Entry, all the Photo(s) fulfilling the criteria set out herein shall be viewed and rated by a panel comprising of the two (2) representatives each from the Company and the Production House, as selected and determined by the Company in its sole discretion (“Panel”). This Panel shall personally interview the Participant(s), jointly and severally and rate the communication skills, personality, confidence, overall performance, etc of the Participant(s), jointly & severally or any other criteria determined by the Company / the Production House in its sole discretion. The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). The Participant(s) shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.

ii. Contestant(s), jointly & severally shall also be required to perform acts revolving around the theme of games including but not limited to showcasing their individual talent, physical or dance or comic or singing related, games between Mother and Child etc for a minimum of 60 (sixty) seconds or such other duration as specified by Company and/or Production House before the Panel, (“Act(s)”).

iii. Company and /or the Production House reserve the right to stop/interrupt the Contestant(s) during the Act and the Contestant(s) shall have no objection to the same.

iv. The Participant(s) voluntarily agrees and grants the Company and /or the Production House permission to tape, record the interactive sessions forming part of the Auditions and the Act(s) performed by the Participant(s) (“Audition Video”) and use and /or Exploit the same in any manner whatsoever worldwide in perpetuity. It is further clarified all rights including but not limited to the Intellectual Property Rights in these Audition Video(s) shall vest with STAR worldwide in perpetuity.

v. The Panel shall have the sole authority to judge and rate the performance of all the Participant(s), jointly & severally, and their decision shall be final and binding on all Participant(s). Based on the communication skills, personality, confidence, overall performance, evaluations of the interviews of the Participant(s) and their Act(s) the top rated Participant(s) shall be shortlisted and shall be selected for Level 2.

vi. It is further clarified that the Company is free and entitled to at its sole discretion in any manner it may deem fit, publish any of the Photo(s) of the Participant(s) who have submitted valid Entries during the Period in any mode and manner at the sole discretion of the Company. For avoidance of doubt it is clarified that it shall not be mandatory for the Company and/or Production House to publish the Photo(s) of all the Participant(s) having submitted valid Entries. No correspondence and/or phone calls shall be entertained in this regard.

vii. The cost of travel and lodging of such Participant(s) to Auditions shall be borne by the Participant(s) only, without any recourse to the Company and/or Production House.

viii. The Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant(s) shall unconditionally promptly facilitate the same.

ix. The Company reserves the right to select any number of Contestant(s) from the Level 1.

B. LEVEL 2

i. Participant(s) shortlisted at Level 1 shall be further shortlisted in the Level 2.

ii. The performances and the Audition Videos of the Participant(s) shortlisted at Level 1 shall collectively be evaluated by the Panel comprising of four (4) representatives two (2) from the Company and the other two (2) from the Production House, as selected and determined by the Company in its sole discretion, on the basis of the personality, confidence, overall performance, compatibility, energy in participation, entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Panel and/Company in its sole discretion and select the Show Player(s) for the Program. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and the Participant(s) shall not have any objection to the same.

iii. All Participant(s) selected and shortlisted in Level 2 as Show Player(s) shall be personally intimated about their selection vide an email and/or telephone or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant(s) shall be solely responsible for checking the email/calls received from the Company

iv. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company and/or Production House from time to time.

v. The Company and/or Production House reserves the right to introduce other prospective shortlisted Contestant(s) in Level 2, who have gone through the similar selection process as the Contestant(s) from India or such other selection process as deemed fit by the Company and/or Production House. Such decision of the Company shall be final and binding upon all the Contestants.

vi. The Participant(s) will be required to execute any and all legal documents as required by the Company and/or Production House including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company and/or Production House from time to time, to verify the Personal Information (defined above) provided by the Participant(s) in Level 1. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

vii. The selected Show Players will need to reside in any place in India decided by the Company and/or Production House at its sole discretion, during the shoot schedule of the Program

viii. Upon successful completion of the contract and agreement with the Show Player(s) in relation to the arrangements for such Contestant(s) attendance at the Studio, the selected Show Player(s) must attend the Studio at the time and date communicated by the Company and/or Production House.

ix. In the event of the failure of any of the Show Player(s) from attending the Studio by the aforesaid time for any reason whatsoever the Company and/or Production House shall at its own discretion be entitled to exclude such Show Player(s) from the Show

x. Such selected Show Player(s) shall be required to mandatorily attend the grooming and act presentation training sessions /workshops conducted by the Company and/or Production House at such time and place as the Company and/or Production House may deem fit.

5. Participant(s) (jointly or severally) who have previously participated in any shows /programs and /or appeared /featured in any television programs (of any genre) or have entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation to the Company and/or Production House. The Company and/or Production House reserves the right to disqualify such Participant(s) on such ground, based at its sole discretion. The Contestant(s) agree to fully co-operate with the Company and/or Production House for any additional information that may be required by the Company and/or Production House to evaluate the facts related to the matter.

6. The Company and/or Production House reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Contestant(s) and/or people who have turned up at the Audition Centre(s). Such decision of the Company and/or Production House shall be final and binding on all the Participant(s).

7. Irrespective of whether the Participant(s) have been disqualified and /or eliminated at any of the Levels of the Auditions and fail to proceed further or if their Entries have been disqualified at any Levels of the Auditions, the Company and /or the Channel and/or Production House shall continue to have the right to Exploit and /or publish the Audition Videos and/or Photo(s) submitted by them as part of their Entries on the Website and /or any digital platforms owned by the Company and/or Production House and /or its affiliate worldwide in perpetuity.

8. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/ and/or Production House shall be binding on all the Contestant(s) and in no event shall the Contestant(s) dispute the decision made by the Channel/Company and/or Production House or its employees in connection to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Contest/Program, the decision of the Company and/or Production House shall be final and binding.

9. The Company and /or the Production house and /or the jury and /or the Panel (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the jury and /or the Panel (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act(s) beyond a reasonable time period. For the purposes of this Contest, reasonable period shall mean 30 (thirty) seconds. The Participant(s) shall abide by the decision of the panel /Company/Production House in this regard.

GENERAL RULES

1. The Auditions are strictly open collectively to only a Mother and a Child (boy/girl), being the Child borne out of a legal wedlock and/or an adopted child as per applicable laws of India and between the following age group

  • Mother – between the age group of 25 (twenty five) and 35 (thirty five) years as on March 1, 2020 (completed the age of 24 and not completed the age of 35)
  • Child – between the age group of 5 (five) and 10 (ten) years as on March 1, 2020 (completed the age of 4 and not completed the age of 10),

both being an Indian citizen and resident of India and conversive in Telugu Language and willing to perform in the Program together

 

2. Employees of the Company, of the Production House, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Telugu; are ineligible to enter the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company and/or Production House hereunder may result in disqualification. The Company and/or Production House also reserves the right to disqualify a Participant(s) incase a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) during the conversation with the Company and/or Production House and in the information(s) stated in the documents furnished by the Participant(s).

3. In the event the Participant(s) is found to be in violation of any applicable laws at any point of time during the Auditions, the Company and/or Production House reserves the right to disqualify the Participant(s) immediately and her Entry shall be considered null and void. Such disqualified Participant(s) shall not be eligible to proceed further in the Auditions.

4. Participant(s) on behalf of themselves and on behalf of the Minor Child represent to the Company and/or Production House that the Participant(s) is free and competent to enter the Auditions; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company and/or Production House respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant(s) from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.

 

5. Participant(s), hereby provides her consent for and behalf of themselves and on behalf of the Minor Child for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:

 

a. The Participant(s) for and behalf of themselves and on behalf of the Minor Child has read, understood and accepted the Privacy Policy and understand and agree that the Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy

b. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos etc

c. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Auditions/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Auditions Program and the uses set out below in (d) below.

d. The Personal Information will be used for the Auditions/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company and/or Production House, in respect of the Auditions/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or any other third parties.

e. The Personal Information will be shared by the Company with the Production House, the Panel and the public at large, in connection with the Program.

f. The Production House will be collecting and retaining the Personal Information on behalf of the Company.

g. The Company and/or Production House has informed the Participant(s) her rights to: (i) review her and her Minor Child’s Personal Information for deficiencies and inaccuracies and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify your entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.

h. All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information

6. The Participant(s) shall not make any claims against STAR and/or Production House, Channel, their directors, employees 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 Auditions or any related activity including any unauthorized access of the Video etc. If the Participant(s) and/or her Minor Child is found to be ineligible, or if she and/or her Minor Child has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

7. Company and/or Production House is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant(s) and/or to the Minor Child in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant(s) for and behalf of themselves and on behalf of the Minor Child shall hold harmless the Channel, Production House, Company, 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) and/or the Minor Child, in any manner whatsoever in connection with the Program and/or any aspect of the Auditions and waives 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 forum in India to claim any damages or reliefs.

8. Participant(s) acknowledge that the Program is a mother and child based game show, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant(s) in an unfavorable manner or may appear to be defamatory. Participant(s) fully understand this aspect of the Program and shall neither hold the Production House/STAR liable for any such depiction nor shall make any claims in respect of the same against the Production House/Star and/or the Channel or any of its representatives and/or the jury.

9. Company reserves all rights to make amendments to the Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions for the Auditions on the Website and /or the Platforms from time to time. STAR and/or Production House also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant(s).

10. The Participant(s) should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/Program. The Participant(s) must be in a physically, emotionally and mentally fit condition to participate in the Auditions and/or Program. The Participant(s) for and behalf of themselves and on behalf of the Minor Child further confirm that she and her Child is medically fit to travel anywhere and anytime and that she and /or Child does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).

11. Participant (s) is required to furnish necessary supporting documentation in original (i.e., birth certificate, aadhar card, school leaving certificate or passport), and/or any other documentary proof as may be required by the Company and/or Production House to confirm the eligibility of the Participant(s) at any stage of the Auditions and/or Levels. The Participant(s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or STAR and/or Production House in its sole and absolute discretion.

12. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant(s) and/or the public. The Company further reserves the right to, at its discretion any time during the telecast of the Program re-introduce the Auditions either on-ground or digital for the purpose of introducing new Participant(s) for participating /competing in the Program.

13. Participant(s) must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.

14. The Channel/STAR and/or Production House reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant(s). Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participant(s) and also STAR/Channel and/or Production House is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

15. In case for whatever reason any Participant(s) is not agreeable to travel, stay, etc. entirely at her own expense, the Company and/or Production House will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

16. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant(s) shall without limitation be bound by such decision of the Company.

17. Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement of any event or any person alive or deceased, material, or anything of an advertising nature and will not expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

18. Participant(s) shall not grant or publish any interviews, any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the Participant(s), names and identity of the selected Show Players, Panel or the format of the Program or any aspect related to the Program or any information regarding the Company and/or Production House without Company’s prior written consent in each instance. The Participant(s) shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company.

19. Participant(s) shall not do any act either directly or indirectly which may bring the Company and/or Production House and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

20. Non-conformance by any Participant of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then STAR will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

21. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company and/or Production House (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participant(s).

22. Notwithstanding a Participant’s participation in the Show/ Auditions there is no obligation on the part of the Company to broadcast any Show/ Auditions in which she and/or Child has taken part, or any or all of her or her Child’s contribution as recorded by the Company.

23. Participant(s) specifically agree, allows, grants and permits the Company and/or Production House or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant(s) with the Company and/or Production House or fellow Participant(s) or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant(s) (“ Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

24. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participant(s) agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant(s) on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant(s) shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘Offer’). The Participant(s) agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

25. The Participant(s) waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant(s) acknowledge that the Entry submitted and /or Videos submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

26. The Participant(s) agree and acknowledge that the Channel / STAR and/or Production House shall have the sole and exclusive right to edit , alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform in any manner whatsoeverit may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

27. The Participant(s) shall make themselves available from time to time and co-operate with the Channel and/or STAR and/or Production House and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable to the Participant (s). Further, the Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

28. Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant(s) and the family/relatives/friends/colleagues of the Participant(s) (‘Likeness’) to appear on and be used in connection with the promotion of the Program all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR and/or Production House reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or STAR and/or Production House or the Channel without notice to the Participant(s) and without any further compensation to the Participant(s).

29. The Participant(s) agree that in consideration of being given opportunity to participate in the Auditions ,they shall hold harmless the main sponsor (if any), Channel, STAR and/or Production House, its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s), in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions and to the extent permissible under law waives 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 forum in India against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

30. The Participant(s) agree to keep STAR and/or Production House, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Video, Profile by STAR and/or Production House and /or any of its affiliate companies and/or channels.

31. The Participant(s) agrees that STAR and/or Production House shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant(s) during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant(s) acknowledges and understands that the participation in the Auditions is at their own risk. STAR and/or Production House shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant(s). The Participant(s) acknowledge and understand that the participation of the Participant(s) in the Auditions/Program is at his/her own risk

32. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or STAR which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR, as the case may be, and is valuable, special and unique to the business of Production House/Star India, as the case may be. Participant(s) shall not discuss and/or disclose any information about the Program, the performances of other participant(s) in the Program with any third party; and also not disclose the names of the participant(s) eliminated in respective rounds of eliminations in the Program/Auditions.

33. Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

34. If any party or person has any complaints and /or claims including but limited to copyright violation /infringement in respect of the Video(s), then please email your query to hello@startv.com.

Your email, which must bear your digital signature or a signed written complaint should include the following information:

i. Your contact information;

ii. A description of your work that you believe has been infringed;

iii. Details of the allegedly infringing Video’s specific URL;

iv. Other relevant information required by the Company to assess the complaint.

Company shall take all reasonable measures, including removing the alleged infringed Video within 2 (two) working days from date of receipt of your email. You agree and acknowledge that the Company's responsibility in relation to infringed Video is limited to removing them post receipt of your claims /complaints in accordance with this Terms and Conditions uploaded on the Website and the Company shall not be responsible or liable for any other damages or losses incurred by you or any other person claiming through or on behalf of you, of any nature whatsoever.

35. The Participant(s) acknowledge 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.

36. Participant (s) acknowledge that their representations, warranties, indemnities, grant of rights in the Entry including Video, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

37. Participant(s) agree and acknowledge that all the Personal Information shared by the Participant(s) through the Auditions shall be collected, used and stored by the Company and/or the Production House and use the same in any manner whatsoever.

38. The participation of the Participant(s) the in the Auditions shall mean that the Participant(s) has read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

39. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Hyderabad, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant Couple(s) who has raised the dispute.

40. Subject to the above provision, the Courts having exclusive 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 Hyderabad, India. The Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

 

“#Thank you Amma, #Sorry Amma”

RULES AND REGULATIONS

The following Rules and Regulations govern the entire process for Participation (as defined below) as detailed herein for participation in the Activity/Campaign (“Campaign”) tentatively titled “#Thank you Amma, #Sorry Amma” and shall be binding on each Participant (defined below), residing and a citizen of the territory of India, (hereinafter referred to as “Territory”) who voluntarily desire to participate in the Auditions hosted by Asianet Star Communications Private Limited (“ASCPL/Company”) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and/or any other channel as deemed fit by ASCPL (hereinafter collectively referred to as “Channel”).

These Rules and Regulations, Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at www.vijay.startv.com (“Website/ Platform”). By proceeding further, You and/or Your natural/legal guardian on Your behalf (in case of minors) are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable to You and You are not in any manner prohibited from participating herein by any law.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by ASCPL in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by ASCPL in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

“#Thank you Amma, #Sorry Amma” with regard to the program “BHAGYALATCHUMI” (“Program”) to be produced and telecasted by Asianet Star Communication Private Limited (“ASCPL/Channel”) as stated hereunder:

1. The Campaign shall remain open from 27th February 2020 to 31 st March 2020 (“Period”).

2. The Campaign shall be open to the jurisdiction of India only.

3. ASCPL will post picture/image of a popular song which is to be played in its channels/show and ASCPL will create a #(Hashtag) on its Social Media Platforms/Handles @vijaytelevision of Instagram, Facebook, Twitter & YouTube under which the participant will have to provide their comment for the Song using the #Hashtag as provided above.

4. Once the participant provides the comment in the right manner as instructed by ASCPL above, the comments will be given a time stamp and on first come basis the comment will be telecasted/exploited along with the song for which the comment is provided.

5. There will be a limit to the number of entries for each song and maximum limit is 200 numbers. Based on the time stamp the Comments will be ranked and 200 entries will be selected to be telecasted along with the song.

6. All comments of the participants will be subject to Standard & Practices guidelines which will be monitored by ASCPL and only clearing the guidelines the comment will be cleared to be telecasted.

7. ASCPL reserve the right to disqualify any Participant(s) from participating further in the Campaign without assigning any reason. The decision of ASCPL and/or the Channel in this regard shall be final and binding upon the Participant(s).

8. There shall be no gratification towards the participation and the participants will not be eligible for any prize, gifts or prize money.

11. The decision of ASCPL and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Campaign, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by ASCPL and/or the Channel and/or for any other reason whatsoever.

General Rules:

1. The Participant(s) should be citizens of India, residing in India and above 18 years of age to qualify for the Campaign.

2. ASCPL reserve all rights to make amendments to the existing rules without prior notice or withdraw the Campaign without giving prior notice in connection thereto. The viewers/Participant(s) shall be solely responsible to check the rules and regulations of this Campaign on the website from time to time.

3. By participating in the Campaign, it shall be deemed to be construed that the Participant(s) has waived his/her right to raise any dispute in connection to the Campaign.

4. By participating in the Campaign, it shall be construed that the Participant(s) has agreed that the Participant(s) shall hold harmless ASCPL, its employees, officers or any other person in relation to any injury/damage/harm/loss suffered by the Participant(s) in any manner, whatsoever in connection with the Campaign and that the Participant(s) has waived all rights to file in person or through any family member or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Channel and/or ASCPL to claim any damages or reliefs or otherwise.

5. Employees of the Channel/ASCPL, and the members of their immediate family, persons with criminal convictions, persons other than citizens of India, are ineligible to enter the Campaign.

6. The Participant(s) agree to all the decision(s) made by ASCPL/Channel and that all the decision shall be final and binding upon them.

7. The participation of the Participant(s) in the Campaign shall mean that the Participant(s) has read, understood, accepted and agrees to abide with all the rules including the General Rules of the Campaign.

8. All the copyrights of the program and any activities with regard to the program shall belong to ASCPL and that the participant shall not have any rights over the same.

9. The Participant(s) shall comply with the laws of India.

10. The Campaign shall be governed by the laws of India.

11. ASCPL shall not be responsible for any unauthorized access to user data and/or for any compromise on private/confidential user related, or any other data, including but not limiting to user ids, email address, names, picture, profile picture or any other user related details.

12. The terms of this rules and regulations shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Campaign shall be referred to a sole arbitrator appointed by ASCPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Chennai, 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.

13. 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 Chennai, India.

BAAGHI 3 Movie Contest

TERMS AND CONDITIONS

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest (as defined below) as detailed herein for participation in the “BAAGHI 3 Movie Contest” (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the rules and regulations, terms, Privacy Policy as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions will disqualify your participation in the Contest.

The Contest shall be governed by the Terms and Conditions, and, by entering the Contest, each Participant acknowledges that he/she has read and understood, and unconditionally agrees to comply with and abide by these Terms and Conditions. The decisions of STAR on all matters relating to the Contest shall be final and binding in all respects.

The Privacy Policy available at the Website at _www.startv.com_shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by STAR (if any).

STAR shall promote the Contest on the channels “Star Plus”, “Star Gold”, “Star Bharat” and Asianet Middle East with effect from 23rd February, 2020 (“Channel(s)”) and on its Facebook Page at the URL: https://www.facebook.com/STARPlusMiddleEast/ ; https://www.facebook.com/AsianetME (“Facebook Page”) and Instagram handle www.instagram.com/starplusmiddleeast/ (“Instagram Handle”).

The Contest shall commence on 23rd February, 2020 at 12:00 AM UAE Time and shall conclude on 1st March, 2020, at 12:00 AM UAE (“Contest Period”).

(I) Participants Eligibility

To participate in the Contest the Participant(s) must comply with the below:

1. The Participant(s) must be individual citizens/resident of the Territory and of twenty-one (21) years of age or above at the start date of the Contest Period.

2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract

3. The Contest is not open to the employees (permanent or contract) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and affiliated companies (collectively, “ STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and or entities connected with the promotion of the Contest (collectively, “Sponsors”).

4. STAR reserves the right to verify the eligibility of all Participants.

5. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(s) as null and void.

(II) Participation Mechanism:

1. A question related to the movie “BAAGHI 3” (“Movie”) with three options – two incorrect options, one correct option shall appear on the Channel(s) in the form of on-air promo and/or on the Facebook Page and/or Instagram Handle. The question shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and answer the question during Contest Period. To answer the question, Participants send the answer via email by typing A/B/C to marketingme@startv.com (“Entry”).

3. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has submitted his / her entry first with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, the subsequent Entry shall be considered null and void.

4. An Entry will be deemed valid only on completion of the full details requested along with the answer to the question.

5. All the information submitted by the Participant(s) will henceforth be collectively referred to as “Submission”.

6. Any details submitted must be accurate and complete and are subject to proof upon request by STAR.

7. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted.

8. The Entries received before the commencement or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible entries will result in disqualification from entry into the Contest and the receipt of any prize.

9. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in a Submission not being received. Any automated receipt of confirmation does not constitute proof of actual receipt.

10. Only eligible Submissions/Entries received during the Contest Period will be included in the Contest.

11. Submissions should state all the required information asked from the Participant(s). If the same is not complied with, then the Submission will not be considered and will be disqualified.

12. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirm that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.

13. The Participant(s) agrees that the Entry shall be free of any virus/Trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intend to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

14. The Participant(s) represents and warrants that the persons appearing in the Entry are the Participant(s) and his/her relatives alone and are not a group of friends or acquaintances. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Selection Process and Gratification:

1. STAR shall within Fifteen (15) days after the expiry of the Contest Period shortlist one (1) Participant randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR.

2. The Winner will be contacted on the phone number through which the Entry was submitted. Such Winner will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the personal information provided by the Participant(s) including but not limited to age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documents) within next 48 (forty-eight) hours of contacting them. Each of the selected Winner(s) shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Winner(s) is unable to furnish the original document(s) to verify the eligibility details, the said Winner(s) shall be disqualified from the Contest, based on the sole discretion of the Company. In the event, Winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

3. The communication to the Winner would be done within thirty (30) days from the end of the Contest Period. In the event such communication to Winner is postponed for whatsoever reasons, STAR will not be held responsible and there shall be no winner announcement done on any public forum or otherwise.

4. STAR shall not be responsible if the Winner are not available at the telephone number provided by them and as a result of which the Winner loses his/her chance to receive the prize.

5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry

6. STAR shall make only one (1) attempt to reach the Winner. In case they do not revert, the selection shall be invalidated and STAR shall not be liable to that Winner in any manner whatsoever.

7. The Winner and his/her plus one shall be required to be fly to Mumbai to meet star /s of the Movie BAAGHI 3 on the day and time specified by the Company (“Prize”). For avoidance of doubt it is clarified that the plus one of the Winner shall (i) an individual citizens/resident of the Territory and if below twenty-one (21) years of age at the start date of the Contest Period, i.e. a minor, he/she shall be a dependent upon the Winner and the Winner his natural/legal guardian (ii) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest and (iii) should be legally eligible to enter into a contract and if a minor, the Winner shall as his/her natural/ legal guardian authorized to enter into a contract on behalf of the minor.

8. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract

9. The Winner and his/her plus one shall travel on the dates booked by STAR and such dates are final and not changeable, provided, however that, the dates of travel are subject to change due to any unforeseeable event and STAR reserves the right to choose another date for travel which it shall communicate to the Winner. The cost of flight, lodging, food and beverages of such Winner and his/her plus one shall be borne by the STAR.

10. The Winner and his/her plus one shall be solely responsible for their travel to and from the airports at its sole cost without any recourse to STAR. The Winner shall be responsible for and shall bear any other costs, expenses and charges not specified as being included in the Prize description informed to the Winner from time to time..

11. The Winner shall held the valid passport. STAR shall not be liable if the Winner misses the flight, or cannot obtain the visa, or for any loss/ damage to their person or property caused/incurred during transit. The Winner shall keep STAR indemnified for any loss suffered as a result of the same.

12. STAR has the sole right to select the hotel accommodation and the air career for economy class. If the Winner and his/her plus one upgrades himself/ herself in relation to the flight tickets or the stay, the cost of up-gradation shall be borne solely by them.

13. STAR assumes no responsibility towards the safety of the Winner during the travel or transit period.

14. STAR shall not be responsible for payment towards alcohol, cigarette, laundry, telephone, mini bar etc consumed by the Winner.

15. The Winner shall make a declaration as to his physical and mental fitness to travel and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.

16. All ancillary costs associated with including visa charges, expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the Winner

17. If the selected Winner are unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

18. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.

19. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

20. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.

21. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.

22. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner the shall stand disqualified without any liability to STAR.

23. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.

(IV) Additional Terms:

1. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) check the Terms and Conditions of the Contest on the website of STAR i.e. www.startv.com

2. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors 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.

4. The Winner hereby acknowledge and agree that the relationship between the Winner and STAR is not a confidential, fiduciary, or other special relationship.

5. The Winner hereby agree to be bound by the Terms and Conditions and/or by any subsequent revisions of the Terms and Conditions (“ Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Terms.

6. All Submissions and/or Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner grants STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

7. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant and/or the Winner hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

8. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the selected Winner.

9. By providing any personal information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have his/her information and/or likeness viewed by or disclosed to others, he/she should not enter the Contest.

10. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,

11. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.

12. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

13. The Winner shall do any and all acts and execute any and all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited.

14. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, STAR its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner during the Contest and/or enjoyment of the Prize.

15. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.

17. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai.

Limitations of Liability: By entering the contest, each Participant 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 star and/or star 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

Amul Mithai Mate MasterChef India Contest

Terms & Conditions

The following rules are the terms and conditions which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the “ Amul Mithai Mate MasterChef India Contest” (hereinafter referred as ‘Contest’) which will be hosted by Star India Private Limited (“STAR India”) on the STAR Microsite, i.e. www. amulmithaimatemasterchefcontest.hotstar.com (“Microsite”) as a part of the promotion and marketing for the telecast of the program titled “MasterChef India Season 6” (“ Program”), telecast on Star Plus and Hotstar (“collectively, Channel”).

These terms and conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. The participation by the Participant(s) in the Contest in the manner as detailed below shall be deemed to be their absolute agreement to (a) these terms and conditions, (b) the Terms of Use applicable to the Microsite, available at http://www.hotstar.com/terms-of-use, and Hotstar Privacy Policy available at https://www.hotstar.com/privacy-policy, (c) STAR India’s Terms of Use available at https://www.startv.com/legal-terms-policies/, the STAR India Privacy Policy available at http://www.startv.com/legal-terms-policies/#wpp and STAR India Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp, ((a), (b) and (c) are hereinafter collectively referred to as “Terms and Conditions”). The Contest shall be governed by these rules stated herein below and all Participant(s) are required herein to unconditionally accept and agree to comply with and abide by the same. The Star India Privacy Policy, STAR India Personal Data Privacy Policy and Hotstar Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the privacy policy and including but not limited to your name, address, mobile phone number and/or any information gathered by STAR under or pursuant to this Contest and in relation to Your participation in the same by STAR India (if any).

By proceeding further, you are representing to STAR India that your participation in the Contest is in compliance with all laws and contracts applicable on you and You are not in any manner prohibited from participating herein under any law or contract.

You are also required to confirm your age and click on the tab ‘ I SUBMIT’ at the end of the page. The failure to accept these Terms and Conditions or confirm your age will disqualify your entry in the Contest.

PART A: PRINCIPLE RULES

1. STAR INDIA shall announce the Contest during the telecast of the Program on the Channel or through such other modes and media as determined by STAR India at its sole discretion.

2. The Contest will commence on January 30, 2020, 06:00 PM Indian Standard Time (IST) and will end on February 23, 2020 at 11:00 PM Indian Standard Time (IST) (“Period”) on the Microsite. STAR India reserves all rights to make amendments to the Period and/or Rules and Regulation and/or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Microsite from time to time. STAR India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant (s). Such decision shall be final and binding on the Participant(s) and the same shall not be dispute and/ or challenged in a court of law.

3. In order to be eligible for participation (“ Eligible Participant(s)”), the Participants must satisfy to the following conditions:

i. It is mandatory that the interested Participant(s) must be a natural person who is a citizen and resident of India.

ii. The participant should have (a) completed the age of eighteen (18) years and (b) not completed the age of seventy-five (75) years, both as of January 1, 2020.

iii. The Participant must be fluent in spoken Hindi.

iv. Participant must neither be an employee nor a relative of any employee of M/s Endemol Shine I.P. B.V., STAR India and/or M/s Gujarat Co-operative Milk Marketing Federation Ltd. or their respective affiliates.

4. To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period:

i. Visit the Microsite at www. amulmithaimatemasterchefcontest.hotstar.com , confirm your age and accept the Terms and Conditions and submit their full name, email id, the name of their city where they reside, etc. as requested on the Microsite in a manner and form, as requested and /or prescribed on the Microsite (“Personal Information”).

ii. Participant(s) shall be required to upload a photo of themselves holding Amul Mithai Mate and the dish prepared by them using Amul Mithai Mate in .jpg / .gif format (“Image”) along with a detailed written recipe in English language (“Recipe”). Image and Recipe are hereinafter collectively referred to as “Post”.

iii. For sake of clarity, it is stated that the Participant is allowed to submit the Post only by way of uploading the Image and the Recipe along with Personal Information via the Microsite. If a Participant uploads two or more Posts, then in such a case only the first Post uploaded by the Participant on the Microsite will be considered as valid by Star and the other Post will automatically be rejected.

iv. It is further clarified that only a valid “ Entry/Entries” is eligible for winning the Prize as stipulated herein below. A valid Entry is the one in which the Post is uploaded on the Microsite along with the requisite Personal Information by an Eligible Participant.

v. For the purpose of this Contest, “receipt” of a Post occurs when the Microsite server records the Post information upon the entrant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Post, the Participant(s) is representing that the Post or contents thereof are original and does not violate any third-party rights. By submitting the Post, the Participant further confirms that contents of the Post are not confidential or comprise any sensitive personal information. For the avoidance of doubt, where the Post is not original and appears to be adapted or copied, then such Post shall not be considered as Entry and the Participant(s) shall not be eligible for the Prize.

5. At the end of the Period, one or more food expert as may be selected by STAR India at its sole discretion (“Panel”) will judge the Entries on the basis of originality, uniqueness, and creativity of the recipe and such other parameters as may be determined by Star India in its sole discretion (“Parameters”) and shortlist one or more of the highest rated Entries eligible to be declared as winner in accordance with the process mentioned hereinbelow (“ Shortlisted Participant”).

6. The Shortlisted Participant(s) will be contacted by STAR India via a phone call and/or video call on a platform or media as determined by STAR India at its sole discretion, during which Shortlisted Participant and shall be required to perform such task and/or answer such question(s) as the Panel may require during the phone call and/or video call. Further, the Shortlisted Participant(s) shall be required to email a copy of a valid Government ID at hello@startv.com as proof of their age, residence and identity (“Verification Process”).

7. Based on this Verification Process, the Panel will select a Shortlisted Participant, basis the aforementioned Parameters such other parameters as the Panel may decide from time to time, including a parameter of strong screen presence. Such Shortlisted Parameters shall be eligible to win the Prize subject to the provisions of this Paragraph 7 (“ Eligible Winner”). The Eligible Winner shall be informed by STAR India via email and shall be required to execute and/or submit such documentation as may be decided by Star India in its sole discretion to be eligible for the Prize. For sake of clarity, failure to provide such documentation shall amount to disqualification and STAR India shall at its sole discretion select and declare any other Shortlisted Participant as Eligible Winner. Only once such documentation is executed and/or provided to STAR India, the Eligible Winner shall be declared as winner (“Winner”) and not otherwise.

8. The Winner shall be entitled to appear in one MasterClass Episode of the Program during which the Winner will be required to show case the recipe forming part of the Entry, or such other prize as STAR India may describe in its sole discretion (“Prize”). The final decision of the Prize will be at STAR India’s sole discretion and will be intimated to the Winner vide a separate e-mail on the e-mail address provided by the Participants. The Participant/Winner shall in no event dispute the decision made by STAR India or its employees in this regard.

9. For the purposes of Prize, STAR India may in their sole discretion, offer to bear cost of travel and lodging of such Winner on actuals subject to the same falling within the fixed bracket decided by the STAR India at its sole discretion and communicated to the Winner and subject to the Winner providing STAR India with actual receipts/documentation evidencing such expenses. In case for whatever reason, the Winner is not agreeable to travel, stay, etc. in the mode or at the place /hotel/venue allotted /finalized by STAR India at its discretion or bear their expenses towards travel and stay for the same, then STAR India will regretfully consider the entry of such Winner as invalid and the Winner shall be disqualified and Star India shall be entitled to declare any other Shortlisted Participant as the Winner. Star India shall make arrangements of travel and accommodation for the Winner for the day(s) of the shoot of the MasterClass episode. For avoidance of doubt it is clarified that, the above provision of arrangement of travel and accommodation to be made by Star India is applicable only where the Winner resides outside Mumbai and not otherwise. The exact date, time, venue for the shooting for the Prize shall be intimated to the Winner subsequently vide an e-mail to the e-mail address provided by the Participant addressed by Star India to the Winner at the address as provided or shared by the Winner. By agreeing to these Terms and Conditions, the Winner agrees to make himself/ herself available for shoot within 1 (one) day notice.

10. Star India’s decision on all aspects of the shoot including the creative aspects of the shoot and the packaging of the episode shall be final and binding on the Winner and neither the Winner nor any person on behalf of the Winner shall dispute or raise any issues with regards to the same in any manner whatsoever.

11. The Winner shall be announced on the Microsite and /or the Webpage and/or Star Plus social media pages and/or the Channel at the end of the Period, based on STAR India’s discretion. The Participant/Winner consents to the use of information supplied by the Participant/Winner for the purposes as set out in these Terms and Conditions. For avoidance of doubt it is clarified that STAR India’s decision in regard to the selection and declaration of the Winner shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant (s) having made a valid Entry and who are shortlisted and declared as Winner based on the criterion mentioned hereinabove, by Star India at its discretion shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/Winner shall not be entitled to any other form of gratification (monetary or otherwise).

12. Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.

13. The final selection of the Winner shall be made by STAR India and shall be final and binding on the entire Participant (s)/Winner and in no event shall the Participant (s)/Winner dispute the decision made by STAR India or its employees in connection to the Entry/Post and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of STAR India shall be final and binding.

14. The Winner shall unconditionally ensure his/her availability on the date of the shooting. In the event the Winner is unable to travel and/or be available for the shooting on the date/time intimated to them by Star India, for any reasons whatsoever, then Star India shall not be held responsible and shall not be liable to arrange for an alternative date and/or accommodation. In such an event, Star India reserves the right to invalidate the Winner on the said grounds and the Winner shall forfeit his /her rights to the Prize and Star India shall not be in any manner responsible for the same. STAR India shall not be responsible or liable for any incident that may occur to the Winner during the course of the Prize shooting or in the course of the travel before or after the Prize shooting.

15. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant(s)/Winner and in no manner whatsoever shall the Channel/ STAR India, be responsible for the same.

16. In the event any of the Shortlisted Participant(s) and/or any judges, and/or producer(s), as the case may be, are unable to attend or appear for the MasterClass Episode of the Program, for any reasons whatsoever, STAR India has the right to at its discretion anytime replace or bring in new Participant(s) and/or any judges, and/or producer(s), as deemed fit and necessary by STAR India.

17. The Participants/Winner shall not in any circumstances make any claims against STAR 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)/Winner’s participation or non-participation in the Contest or any related activity. If the Participant/Winner is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions the corresponding Entries will be disqualified.

18. The Participants/Winner shall at all times comply with the applicable laws and Terms and Conditions.

19. 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 and/or 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 STAR India and/or STAR 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.

20. STAR India reserves the right to disqualify any Participant(s)/Winner from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by STAR India from time to time. STAR India reserves the absolute right and discretion to reject any “Entry/Post” or any part thereof at any stage of the Contest, including after declaring the Winner/, if STAR India:

a. receives any notice or complaint relating to the Entry/Post not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;

b. determines at its sole discretion that the Entry/ Post is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, 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, defense, 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 STAR India in this regard shall be final and binding upon the Participant(s)/Winner.

21. In consideration of the participation in the Contest, Participants/Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Post, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to STAR India. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/Winner) in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to STAR India for use in the entire world in any media and form as STAR India may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to STAR India including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/Winner) waives any so called moral rights in the Entry.

22. Neither STAR India and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and /or and the Winner and /or agree not to hold STAR India and/or the Channel and its employees, responsible with regards thereof.

23. By participating in the Contest, it is construed that the Participant(s)/Winner has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same.

 

 

PART B: GENERAL RULES

1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest the decision of STAR India shall be final and binding on all Participants.

2. The entry process is strictly open to Participant(s) who are citizen and resident of India during the Period of the Contest and have (a) completed the age of eighteen (18) years and (b) not completed the age of seventy-five (75) years, both as of January 1, 2020. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.

3. Proof of age, if requested, of the Participant(s) in the Entry must be submitted to STAR India (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) and/or any other documentary proof as may be required by STAR India confirm the eligibility of the Participant(s). STAR India also reserves the right to disqualify a Participant(s)/Winner in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Period.

4. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to the Contest.

5. The Participant(s) must enter the Contest voluntarily on their own behalf, without any compulsion and/or duress and Entry(ies) by proxy will not be accepted.

6. Each Participant(s)/Winner consents to the use of information submitted by the Participants)/Winner including the Entry/Post for the purpose as set out in these Terms and Conditions.

7. The Participant(s) hereby expressly acknowledges that no fees, royalties, residuals, or other consideration will be payable in respect of any broadcast, subsequent rebroadcast or retransmission or any other use by Star India and/or the Producer(s) (or any assignees or licensees) of the Contest or any part thereof in any manner or media now known or hereafter invented.

8. STAR India reserves the right to cancel and/or postpone the Contest without assigning any reasons and/or without giving any prior intimation to the Participant (s).

9. The Winner represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to availing the Prize herein.

10. In case a Participant is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content, or Privacy Policy then STAR India will disqualify the Entry received from that Participant.

11. STAR India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to Microsite, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving STAR India.

12. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate in the Contest is through participation as described in these Terms and Conditions. Any person claiming that he/she can help You participate in the Contest and/or win any prizes for a consideration is defrauding You.

13. In case of any telecom and /or network failure and /or technical failure /breakdown on the Microsite and /or technical failure in submitting and /or providing the Post(s) for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Microsite and /or the mechanism for submitting the Post(s) and /or cease from accepting Post(s) of the Participants in any manner it may deem fit and necessary. In such events, STAR India shall be entitled to exercise the option of putting the Contest and /or the selection and declaration of Winner in abeyance, as it may deemed fit at its discretion. In addition STAR India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/ fault/ failure in the Microsite mechanism for submitting the Post(s) including without limitation system failure on the Microsite of recording/receiving the Post(s) or default in logging on to the Microsite beyond the end time stated in these Terms and Conditions and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.

14. The Participant(s) agrees to not attempt to gain unauthorized access to servers or networks connected to STAR India’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of STAR India’s services.

15. Participant(s) shall not in any circumstances make any claims against STAR India, Channel, 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 in the network and /or connections or directly or indirectly due to, to their participation or non-participation in Contest. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entries will be disqualified.

16. The Participant(s) will not be levied any charges to participate in the Contest, however, the network provider may levy data and other charges to the Participant, at the applicable rate for using internet connection. It should be verified by the Participant(s) at his/her sole responsibility. In case of participating while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. STAR India shall not be responsible for any such charges incurred by the Participant(s).

17. The Winner shall furnish his/her information including postal address as sought by STAR INDIA through such private message. In the event the telephone/mobile number is engaged, or lines on the route are busy, or it is ringing but there is no response, STAR India shall make maximum two (2) attempts (maximum one attempt per day for two consecutive days). In case any Winner is unavailable on both the attempts, the selection of that Winner shall be invalidated and STAR India shall at its sole discretion may select another Winner, during the Period. For the avoidance of doubt such choice of Winner by STAR India shall be final and binding. STAR India shall not be responsible if the Winner is not available at the telephone numbers, provided by them and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.

18. The Winner 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 or the Contest which is disclosed to the Winner and which is not available to public in general, to any person or media etc. without the consent of STAR India. In case the Winner breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.

19. The Prize 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 it is not necessary that the act of collection of the Prize will be recorded by STAR India or will be incorporated in the Program or find mention in the Program.

20. STAR India will not entertain any requests or claims to verify/audit/challenge the logic of the factors relevant for determining the winner(s).

21. 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 Prize and the same, and if applicable, Winner agrees that the same shall be solely borne by the Winner .

22. STAR India shall not be responsible for any Entries/Post submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

23. STAR India reserves the right to forfeit the Prize in the event it is found by STAR India or STAR India has a reason to believe that any information provided including personal information by the Winner is wrong, fraudulent or any misrepresentation is made by the Winner . STAR India shall have the right to declare another Participant(s) on a random basis on the criterion mentioned herein) as the Winner of the Contest, at its sole discretion and transfer the Prize to that person. Such decision of STAR India shall be final and binding.

24. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid (eg. cancellation/postponement of the event), STAR India shall not be held responsible and/or liable for the same.

25. STAR India makes no representation and/or warranty regarding the Prize other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.

26. The Winner ) shall be solely responsible to avail the Prize at the time of delivery. The Winner ) agrees that he/she shall not hold STAR India and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize or damage during transit or any problem in connection to the Prize .

27. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR India and participate in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner from such Promotional Activity and any recording thereof shall vest with STAR India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR India may exploit the same in any manner and in any media whatsoever at any time throughout the world.

28. The Participant/Winner shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR India into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant/Winner ) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Program.

29. By participating in the Contest, Participant(s) represent and warrant that any video-audio posted by the Participant(s) to the micro site, does not infringe another party’s intellectual property rights or any applicable national or local law that may apply. Participants also agree that any video posted will not infringe on any third party right –including copyright, trademark, patent, right of publicity or other intellectual property rights, and will not slander, defame, libel, or invade the right of privacy or publicity of any other person, Participant(s) acknowledges that videos posted by them on microsite may be used by STAR India without requirement or consent, and such content may be used by STAR India including but not limited to review, rating, for promotional purposes or any other purpose deemed fit by STAR India.

30. STAR India shall not be responsible if the Winner is not available at the telephone numbers, provided by them and as a result of which, the Winner loses his/her chance to the Prize and such decision of STAR India shall be final and binding.

31. It is clarified hereby that STAR India shall have a discretionary right to postpone/ cancel/change the details of the Contest and or Prize for reasons of unavoidable circumstances. It is further clarified that such decision of STAR India will be final and binding on all Participants and the Participant shall not dispute the same either himself or through a third party.

32. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest, and /or the Prize and/or the, in any manner whatsoever to the extent permissible under law.

33. All and any incidental costs direct and/or indirect, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall STAR India, be responsible or liable for the same. For the sake of clarity, STAR India shall not be responsible to pay for any taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Prize and the same, if applicable, shall be solely borne by the Winner.

34. For the sake of clarity, if the Winner (s) refuses to accept the Prize awarded within 2(two) days of the intimation of the same from STAR India, STAR India shall be released from all obligations towards the Winner (s) in connection to the Prize won by the Winner. Further, after forfeiting the Prize, STAR India shall be entitled to select and declare another Winner (on a random basis based on the criterion set out hereinabove), as it deems fit, and award the Prize, to that Winner and such decision of STAR INDIA shall be final and binding.

35. 28. STAR India shall in no manner whatsoever be responsible for security of Participant(s)’s/ Winner(s)’ Entry and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

36. Each Participant in consideration of being given opportunity to participate in the Contest , agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, the Channel, STAR 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/Winner, in any manner whatsoever in connection with the Contest, the participation mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/Post and/or any personal information submitted by the Participant/Winner and to the extent permissible under law waives 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 forum in India to claim any damages or reliefs.

37. 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 Participant(s)/Winner in any manner whatsoever, in relation to the Contest.

38. Each Participant in consideration of being given opportunity to participate in the Contest ,agrees to hold harmless and indemnify STAR India, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by STAR India in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest and/or content including any third party rights claims with respect to the material submitted by the Participant(s).

39. Each Participant(s)/Winner hereby acknowledges and agrees that the relationship between the Participant/Winner Winner and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

40. The Participant(s)/Winner Winner acknowledges that in case the performance of this Contest and/or availing the Prize 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 15 (fifteen) days, then STAR India shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner Winner forthwith and such decision shall be final and binding.

41. Participant(s)/Winner Winner 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.

42. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

43. The Participant(s)/Winner shall comply with the laws of India.

44. By participating in the Contest, it is construed that the Participant(s)/ Winner(s) has read and understood these Principle Rules including the General Rules stated and has agreed to abide by the same.

45. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the selection of Winner and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant/Winner who has raised the dispute.

46. Subject to the provision of 45 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 Mumbai, India.

"QnAlan” contest

Terms & Conditions

The following are the rules for the “QnAlan” contest (the “Contest”) hosted and conducted by Star India Private Limited (“STAR”). The idea behind the Contest is to validate the fans of the Premiere League (“League”) and Alan Shearer the League’s legend by hosting a quiz using the hashtag segment titled “#QnAlan” on one of Star’s Facebook account/page with the username/handle ‘StarSportsfootball’ (“Star’s FB Page”). Any personal information gathered pursuant to this Contest shall be subject to the STAR’s personal data privacy policy and website privacy policy, available at http://www.Startv.com/legal-terms-policies/#pdp and http://www.Startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which is incorporated herein by reference. This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “Terms and Conditions”) as stated hereunder.

[A] Principal Rules

1. The Contest will be conducted from 21st February 2020 to 24 th February 2020 or such other date(s) as may be decided by STAR at its sole discretion and announced by Star (“ Contest Period”).

2. The Contest aims to validate the fans of the League and Alan Shearer by hosting a quiz using the hashtag segment titled “#QnAlan” on one of Star’s Facebook account/page with the username/handle ‘StarSportsfootball’. The Contest will run in the manner described hereinbelow:

(A) All the participants in the Contest must be citizens of India residing in India specifically Mumbai, Navi Mumbai, Thane, Pune, Kalyan during the Contest Period and must be at least 18 (eighteen) years of age with a valid Facebook account/page as on the date of participating in the Contest (the “ Participants”); and

(B) STAR shall invite people to participate in the Contest by posting a graphic invite Star’s FB page. The Contest requires the Participant to comment answers to the questions asked by a graphic post on Star’s FB Page. (“Comments”). To be eligible, the Participant must follow Star’s FB Page (“Eligibility Requirements”). The Contest will run on each calendar day of the Contest Period; and

(C) One (1) question shall be posted at any time during the day but before 4 (four) pm on each calendar day of the Contest Period, amounting to a total of four (4) questions during the Contest Period. The questions shall be in relation to the facts about and/or surrounding the League’s legend, Alan Shearer.

(D) At any time between 6 (six) pm and 8 (eight) pm on each calendar day of the Contest Period the correct answer to the relevant question shall be announced by a graphic post (“Answer Post”), therefore, the moment right before the Answer Post shall be considered to be the “ Daily Closing Time” and the moment right before the Answer Post on the last day of the Contest Period i.e. 24th February 2020 shall be considered to be “Final Closing Time.”

(E) Any Comment which does not adhere to the Eligibility Requirements shall not be considered valid and shall be deemed to be null and void without requirement of any intimation by STAR; and

(F) From the total pool of valid and eligible Comments received for the Contest from Participants upto the Final Closing Time, 20 (twenty) Participants shall be randomly selected as the winners of the Contest (collectively, the “Winners”).

3. The Winners shall be selected randomly by STAR personnel either manually or by using a freely available software tool as determined by STAR in its sole discretion. The Winners selected from amongst the Participants shall be final and binding upon all the Participants. The decision of STAR for all other matters relating to the Contest shall be final and binding upon all the Participants.

4. As gratification, STAR shall reach out to each of the 20 (twenty) Winners of the Contest and award them with an opportunity to meet the League’s legend, Alan Shearer (the, “Opportunity”). The Winners shall also be announced by a graphic post on Star’s FB Page at any time during the day on 25th February 2020. STAR shall have the sole and absolute discretion to decide the details and logistics of the Opportunity, the talent and the final content and time of the announcement.

Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other technical/regulatory difficulties of such nature, due to which the announcement of a Winners cannot be posted on Star’s FB Page as per paragraph 4 above.

5. STAR reserves the right to forfeit the Opportunity in the event STAR has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. STAR shall have the right to declare any of the other Participant(s) as the Winners of the Contest, at its discretion, and to provide the Opportunity to such other Participants. The Winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any failure or delay in awarding the Opportunity. STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications or the Contest in general.

6. The Winners agree that Opportunity cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Opportunity or alternative prizes will be awarded to any of the Winners and they cannot exchange the Opportunity for cash or a gift of similar value. The Contest or the Opportunity cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record any part of the Contest and to telecast the same on STAR’s channels and platforms or to otherwise mention it on its channels and platforms. If any of the Winners refuses to accept the Opportunity awarded, STAR and/or its group companies shall be released from all obligations towards such Winners in connection to the Prize or otherwise.

7. All Comments from the Participants as per paragraph 2(B) above must be received during the period indicated therein. Comments received before or after the indicated period will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR.

8. STAR and/or its group companies shall not be responsible in the event that any of the Comments (as per paragraph 2 above) are not viewable by STAR or the Participant(s) is/are unable to participate in the Contest due to any network/connectivity problems, breakdown in machinery or any other technical error of any nature whatsoever. For the purposes of these Terms and Conditions, a Comment shall be considered “viewable” by STAR only after STAR has opted to view such a Comment and has successfully viewed such Comment of the Participant. Any automated confirmation/similar message does not constitute proof of actual viewing by STAR. For the avoidance of doubt, by posting his/her Comment, the Participant(s) is representing that the Comment (or contents thereof) are not confidential or comprise any sensitive personal information.

9. STAR reserves the right to change the entry system/mechanism and/or cease accepting Comments for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion.

10. STAR reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Comment(s) or any part thereof at any stage of the Contest, including after declaring the Winners, if STAR: (a) receives any notice or complaint relating to the Comment not being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Comment inter alia: (i) belongs to another person and in which the Participant does not have any rights; or (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; or (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, or otherwise unlawful in any manner whatever; or (iv) harms minors in any way; or (v) infringes any patent, trademark, copyright or other proprietary rights of third persons; or (vi) violates any law for the time being in force; or (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (viii) impersonates another person; or (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) 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 STAR in this regard shall be final and binding upon the Participant(s).

11. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on all the Participant(s). STAR shall select the Winners in accordance with applicable parameters to be determined solely by the Experts.

12. The Winners will be required to submit necessary supporting documentation to establish their identity/age/residence address etc and their compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR, to be eligible for any gratification. In the event that any Winner fails to furnish such documentation within the timelines indicated by STAR, then his/her selection as a Winner shall stand invalidated. In such a case : (a) STAR and/or its group companies shall not be liable in any manner whatsoever and the Opportunity shall stand forfeited in respect of that Winner; and (b) STAR may, at its sole discretion, by the prescribed selection criteria, choose other Participant(s) to receive such Prize in place of such person.

 

13. The Participants (including the Winners) agree and consent to the use of their Comment (s) and/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of the Contest, STAR and/or its group companies and/or any programs/events on any channels/platforms owned or operated by STAR or any of its group companies (the “ Network”). In consideration for the participation in the Contest, the Participants (including the Winners) hereby irrevocably, exclusively, perpetually and for the entire universe assign all right, title and interest in their Comment(s) including any rights of Exploitation thereof, to STAR, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Comments and/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in such Comment(s) or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Comment(s) and/or any part thereof from one form/format to another and in relation to the Comment(s) and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Comment(s) into a film for theatrical Exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD) made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. To the extent that the assignment of all rights, title and interest in the Comment(s) and/or any part thereof, if any, subsisting in favour of the Participants/Winners, in relation to future medium or mode of exploitation of the Comment(s) and/or any part thereof is not held valid by operation of law, the Participants/Winners hereby grant an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of their Comment(s) and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participants (including the Winners) hereby agree that the Participants/Winners shall not assign or in any other manner transfer their Comment(s), including any part thereof, for such means and modes of Exploitation of their Comment(s) and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to STAR without offering for assignment such modes or means of Exploitation of the Comment(s) and/or any part thereof for the entire world and in perpetuity to STAR. The Participants/Winners agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of their Comment(s) and/or any part thereof to any third party in breach of such obligation herein, anywhere in the world, shall be null and void. Further, STAR may Exploit Comment(s) and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not apply to the Terms & Conditions. The Participants (including the Winners) agree to waive off their “Moral Rights” with respect to their Comment(s) and/or any part thereof as required. The Participants (including the Winners) shall do all acts and execute all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR herein.

 

14. The Participants/Winners who create and submit Comment(s) understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winners are advised to exercise all due caution in the creation and submission of their respective Comment(s). All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Comment(s), shall be the sole and absolute responsibility of the concerned Participants/Winners and STAR (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever.

[B] GENERAL RULES:

1. All Participants must be citizens of India residing within the territorial limits of India specifically Mumbai, Navi Mumbai, Thane, Pune, Kalyan during the entire duration of the Contest. The Participants should not have any criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Contest. Proof of age and residence/address, if requested, of the Participants, must be submitted to STAR within timelines as may be required by STAR to confirm the eligibility of the Participant(s).

2. Participants shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. STAR also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to STAR at any point in time during the duration of the Contest or thereafter.

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. It shall be the sole responsibility of the Participants to check the rules and regulations of the Contest available on the corporate website of the Company. Non-conformance by the Participants to any the Terms and Conditions will make such Participant’s Comment null and void.

4. The Participants (including the Winners) acknowledge that in case the conduct of the Contest or enjoyment of the Opportunity cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as regulatory action/direction, war, industrial action, flood, drought or any act of God, then STAR shall not have any liability in this connection.

5. STAR and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, ailment, death, mental and/or emotional trauma caused to any of the Participants (including the Winners) in any manner whatsoever, in connection to the Contest.

 

6. The Participants (including the Winners) shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participants/Winners and/or their Comment(s) including any third party intellectual property rights claims with respect to the Comment(s) posted by the Participants to STAR.

7. The Participants (including the Winners) shall not in any circumstances make any claims against STAR or its group companies, 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 (directly or indirectly) affecting the participation or leading to non-participation in the Contest or any related activity by any such Participant(s) or Winner(s). If any Participant and/or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Comment will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.

8. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, sponsors, and the members of their immediate family, are ineligible to participate in the Contest.

9. By participating in the Contest, it shall be construed that the Participants (including the Winners) have waived their right to raise any dispute with regard to the Contest and/or the Prizes, in any manner whatsoever, and have understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and have unconditionally accepted and agreed to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Contest (including the Oppotunity), the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participants and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s) (including the Winners) of the Contest agree that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity"), if applicable, of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances, the Participant(s) (including the Winners) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s) (including the Winners) agree that the footage/ picture/ photographs of the Participant(s), if applicable, used during the course of the Contest or for the purpose of the Contest shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and on any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participants (including the Winners) agree and consent to the use of any text and/or information and/or any photograph and/or image and/or audio-visual recording and/or other components of his or her Comment(s) on any channel/digital platform/social media handles, as STAR may deem fit, for the purpose of promotion of the Contest and/or the Network and/or any channels forming part of the Network and/or any event/program telecasted on the Network.

 

11. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest with the courts of New Delhi, India.

 

-x-x-x-

 

CONSENT FOR PROCURING PERSONAL INFORMATION

 

In connection with participating in the “QnAlan” contest organized by Star India Private Limited, you hereby provide your consent for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “ Personal Information”), which Personal Information is subject to: the Company’s personal data privacy policy and website privacy policy, available at http://www.Startv.com/legal-terms-policies/#pdp and http://www.Startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which you have read and understood. Additionally, you agree to, and understand the terms and conditions set out below:

(a) Your Personal Information (including but not limited to your name, your username, location/city, email ID, phone number and address, the contents of your Comment) is being collected by Star India Private Limited (“ Company”) pursuant to Terms and Conditions available on the corporate website of the Company, in connection with the contest being organized by the Company called “QnAlan” (“Contest”) in to validate the fans of the Premiere League and Alan Shearer the League’s legend by hosting a quiz using the hashtag segment titled “#QnAlan” on one of Star’s Facebook account/page with the username/handle ‘StarSportsfootball’. You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.

(b) Your Personal Information will be collected, retained and used by the Company only for the Contest and for promotional/gratification purposes around the Contest and for no other purpose.

(c) Your Personal Information may be used for the Contest, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest on the Star Sports network.

(d) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.

(e) All your Personal Information is true, correct and complete in all respects and in no circumstances, will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.

(f) The Company has provided me with the option to opt out of providing my Personal Information.

(g) You hereby agree to abide by the Terms and Conditions of the Contest available on the corporate website of the Company.

-x-x-x-

 

'Alita Battle Angel’ Activity

Terms and Conditions

Please read the following Terms and Conditions very carefully before participating in the activity ‘Alita Battle Angel’ (“Activity”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Activity to be held on the Star Movies’ Twitter handle at https://twitter.com/StarMoviesIndia (“Official Twitter Handle”) and Star Movies’ Instagram handle at https://instagram.com/starmoviesindia (“Official Instagram Handle”) on February 16, 2020 from 11.00A.M. to 11.59P.M. (“Activity Period/Period”), organized and conducted by STAR India. The Official Twitter Handle and Official Instagram Handle are hereinafter referred to as “Handle(s)”. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Activity and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Activity. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Activity and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined later). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Activity shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Activity in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

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

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Activity;

iii. The Participant should be well versed in the English language - both written and spoken;

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

v. The Participant should have proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees, affiliates, directors and representatives of Star India and their immediate family member(s) are not eligible to participate in this Activity.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. 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 the Content and registration of Participant (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: Star India invites all the interested Participants to review the post shared by Star India on the Handle(s) and respond in English language in text not exceeding 280 characters, and submit/tweet on the Handle using the Hashtag (as defined below). The tweet or post in text submitted by the Participant is hereinafter referred to as “Content”.

The Participant (s) should only submit Content which satisfies the following criterion:

i. Relevant to the Activity as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Activity.

ii. upload the Content on social platform (Twitter and/or Instagram) from their own Twitter handle, and/or Instagram, by using the hashtag ‘#YourCyborgStory’ (“Hashtag”) and the said accounts should not belong to any third party.

iii. be original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights;

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or 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. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights 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 3.8 herein below.

viii. submission of low resolution images and/or low resolution videos may lead to disqualification of the entry. The users are requested to share high resolution images and/or videos.

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. Activity Mechanism:

After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content from the Participant’s Twitter handle or Instagram handle. Participant(s) must enter the Activity on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Twitter or Instagram account, Star India reserves the right to disqualify such Participant(s) from the Activity.

For avoidance of doubt it is clarified that for the purpose of participating in the Activity, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only post(s)(tweet(s) received before the close of the Activity Period shall be considered valid for the Activity. The Participant(s) agrees not to spam and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Activity.

The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the Hashtag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

Pursuant to the end of the Activity Period, out of all entry/ies received on the Handle within the Activity Period, the fastest hundred (100) Participants who’s Entries are valid and compliant with the aforesaid parameters shall receive a cyborg story by way of reply to the comment of such Participant(s). Star India shall not be responsible or liable in the event such message is not received by any of the fastest hundred (100) Participants. Star India reserves the right to add or modify the activity mechanism at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Participants agree that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the cyborg story received from Star India. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the cyborg story and the Participants agree not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the cyborg story.

Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, loss, outrage, dissatisfaction, death, mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Activity.

The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use exploit and/or utilize the Content during the Activity Period, as it may deem fit at its sole discretion. In consideration of being giving an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny any Participant(s) from participating in the Activity if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

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 submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights 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 of the Content 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 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 Entry and/or submission of the Content 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 of Content 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 Content): 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 privacy laws for the time being in force;

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

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

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

j. 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 offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners 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 or its licensors and/or their affiliates; (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(vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the material submitted forming part of the Entry and/or the Activity during the Activity Period. 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.

3.10. You acknowledge and confirm that Star India licensors and/or any of its affiliates are not in any manner whatsoever associated with the Activity. This Activity is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates. The Participant(s) unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Activity.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content 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 of Content.

4.2. An external third party digital agency may provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India and/or its affiliates. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. 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 internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) for the purposes of the Activity and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of Star India, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with Star India worldwide in perpetuity and Star India is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Activity and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

4.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.5. For the purposes of this Activity, by uploading and /or submitting/ his /her tweet/post on the Twitter, Instagram or Facebook platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter and Instagram. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Activity without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter, Facebook and/or Instagram shall be resolved directly with the platform without any recourse to Star India.

4.6. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using the respective social media accounts while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

4.7. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter, Instagram or Facebook, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).

4.8. By providing any personal information to Star India, as part of the Entry, 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;

4.9. 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 Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the website(s) from time to time in order to be informed of the latest version of the T&C;

4.10. 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;

4.11. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or qualification of an Participant (s), STAR India 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;

4.12. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.13. 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 Participants in any manner whatsoever, in relation to the Activity;

4.14. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.15. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets/posts submitted by You.

4.16. Star 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 Activity is delayed or postponed or cancelled;

4.17. Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding 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. Further You in consideration of Your participating in the Activity, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

4.19. 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 (in part or whole) is not in compliance with the Terms and Conditions herein;

4.20. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, 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;

4.21. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Activity. You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.22. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective 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;

4.23. You hereby understand that Star India makes no representation and/or warranties regarding the Activity 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;

4.24. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Activity 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 , its licensors and their respective affiliates 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 entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.25. 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;

4.26. 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 of the Content 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.

4.27. The Participant acknowledges and confirms that neither the Star India’s licensors nor any of their affiliates are in any manner whatsoever associated with the Activity.

4.28. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Activity shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Activity. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Activity and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platforms including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platforms including this 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 the social media accounts / 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 social media platforms/ Activity 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.

4.29. Star India are 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 Participant in any manner whatsoever, in relation to the Activity and/or any matters arising out of the Terms and Conditions.

4.30. No purchase or payment of any consideration is necessary to enter the Activity. The only way to participate in the Activity is through participation as described in these T&C. Any person claiming that he/she can help You participate in the Activity and/or win any prizes for a consideration is defrauding You.

4.31. 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, code of conduct. Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

4.32. 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;

4.33. 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 this Activity; and agree to make no public press announcements or information for publication without the explicit approval of STAR India.

4.34. 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;

4.35. 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.

4.36. 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 into public disrepute.

4.37. The Activity shall be null and void in any jurisdiction where prohibited by law.

4.38. 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 this Activity, 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 Participant who has raised a dispute.

4.39. Subject to the provision of Paragraph 4.38. 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.

4.40. You acknowledge that in case the Activity 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 Activity and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.41. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.42. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.43. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.44. You hereby acknowledge that Your voluntary participation in the Activity and /or Your contribution towards the Activity is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

4.45. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.46. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.47. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.48. 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.

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

4.50. In case of any queries in relation to this Activity, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

Super Singer Challenger Audition

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited. By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “SUPER SINGER” (“Program”) and shall be binding on each participant (“Participant”, Contestant”, “Your and/or  “You”) residing in and is a citizen of India only (hereinafter referred  to as “Territory”) who voluntarily participate in the Auditions hosted by STAR India /Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia,  on the Company’s  and/or its network of channels and/or any other channel as deemed fit by STAR India (hereinafter collectively referred to as “Channel”).

 

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at  https://www.startv.com/legal-terms-policies/#ctc . By proceeding further You and/or Your natural/legal guardian on Your behalf (in case of minors) are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law. 

 

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Auditions ( as defined below). STAR India will have access to and collect information and data shared by the Participant including Participant’s and/or Participants’ natural/legal guardian’s personal information for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant and/or natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority, i.e. under the age of 18 years of age,  hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by STAR India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

 

By participating in the Auditions, it is deemed that the Participant and/or natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority i.e. 18 years of age) has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participant’s act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participant’s and/or the parent’s/ natural/legal guardian’s of the Participant (in case the Participant(s) is below the age of majority i.e. under the age of 18 years) absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If the Participant and/or natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of) does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.


 

 

 

DEFINITIONS

 

“Audition(s)” means wild card auditions comprising of different Levels of selection process to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify as wild card  entrant for participating in  the Program as w.

 

Audition Centre(s)” shall collectively mean the following centres/venues, at the sole discretion of the Company, wherein Auditions for the Program will be conducted:

 

  • For level 1 of the Auditions – any Venues located in the  Kolkata City of West Bengal  viz / as the Company may determine at its discretion , where the participants shall be required to attend Level 1 of the Auditions;
  • For Level 2  shall mean any venues / locations within Kolkata as decided by the Company at its sole discretion.
  • It is clarified that for further participation all such shortlisted participants of Levels 1 & 2 are required to make themselves available at any locations or any audition centres, to be held tentatively at the city of Kolkata, India as finalised by Star India at its sole discretion.

 

Audition Period” in respect of auditions at Level 1, and Level 2 shall mean audition the period for Auditions to be conducted at the Audition Centres for a period commencing from 16 February 2020 _ and ending on 27 February 2020. It is clarified that this Audition Period as stipulated may be updated by the Company at its discretion on the Website from time to time required to be checked by the Participant(s) from time to time.

 

Company/Star India” means STAR India Private Limited.

 

Contestant(s)/Participant(s)” Means all person(s) and in the case of participant(s) below 18 years of age, the said participant’s natural/legal guardians; aged between 14 (fourteen) years and 70 (seventy) years as of January 2020, being an Indian citizen and resident of India and who have participated in the Auditions and in the Program, as the case maybe, either individually; or along with a partner or as part of a group in accordance with these Terms and Conditions detailed below.

 

Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by STAR India in its sole discretion and shall include incorporation of the  Works including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR India in its sole discretion as well as the conversion of the Works from one form/format to another and  in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile/telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

 

Intellectual Property” means and includes all performances, performers’ rights,  publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

 

Level(s)” shall mean collectively levels 1 and 2 of the Auditions. The term “Level(s)” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number. It is hereby clarified, that all minor Participants (i.e. under 18 years of age) shall be accompanied only by the natural (parent) / legal guardian at the venues of the Audition Centres and at all Levels of the Auditions, i.e. 1, 2, and 3 and the Program, as the case maybe. The Company and/or the Production House, shall have the sole right to disqualify such un-attended minor participants from further participating in the Auditions and in the Program. All such decision will be final and binding on the minor participant and for any other persons, including the natural parent and legal guardian of the participants under the age of 18 years.

 

Program” means the Show(s) which shall be tentatively titled “SUPER SINGER.”

 

“Production House” means Subhankar Chatterjee Productions.

 

"Show(s)" means each episode(s) of the Program including any Special Show(s).

 

Wild Card Player(s)” means 7 (Seven)selected Participant(s) who are selected and shortlisted through the process of the wild card Audition to participate in the Program as a wild card entry as per the terms stated herein.

 

Special Show(s)” means any episode/s of the Show recorded with Contestant(s) who belong to a category other than that specified hereunder, which may include celebrities or children special, or any other category which may be decided upon by the Company in its sole discretion. Such episodes may have additional rules (as amendments/attachments) to which the Contestants will have to comply with along with all the other rules of the Competition.

 

Studio" means any venue/ location as deemed fit by the Company for filming of the Program.

 

Works” shall mean and include Footage (as defined below) any any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of Auditions/Program/Show or the Auditions and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions/Program/Show.

 

PRINCIPAL RULES

 

  1. The Auditions are an integral part of the Program. The Auditions will be conducted on-ground in the Audition Centre(s) located in the Territory and interested Contestant(s) shall be required to be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below.

 

  1. In case of Contestant(s) are below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of then, any 1 (one) natural/legal guardian of such Contestant(s) shall accompany the Contestant(s) for all the levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier).

 

 

  1. Procedure to register

 

Registration process for Level 1 and Level 2 of the Auditions will be at the respective Audition Centre(s) in India.

 

  • The Company shall promote the registration through on-air (promos, astons, bugs etc.), radio, online and any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Program. As a part of the marketing strategy for promoting the Auditions and /or the Program on air , our radio partners  shall be conducting various contests in respect of the Auditions /Program for the listeners across the country.
  • Registration process will be at the Audition Centre.
  • The Contestant(s) can get details of the Audition Centres in the following manner:
  1. By sending SMS of their name and age to 56263.The Contestant(s) will then receive an SMS from the Company through the automated reply activated by the Company at its discretion with a SMS stating “Thank you for your interest. We will get back to you with audition location and time details shortly. If you wish to receive different show updates from Star Jalsha in future, then SMS “JALSHA YES” to 56263”. (“Confirmation Message”)

ii.                   For avoidance of doubt it is clarified that this automated reply mechanism shall apply and extend to Contestant (s) who are on the ‘Do not Disturb’ list of any mobile network subscriber.

iii.                Since the locations, timings and audition dates for the Audition Centres are not finalised then the Contestant(s) shall receive an SMS with the date of Auditions along with a message stating that “details of the Audition Centres and the timings for the Auditions will be intimated to them via SMS in some days

 

(d)  Cost applicable for the sms sent by the Contestant(s)

 

               The cost charged to the Contestant(s) by the respective network provider(s) shall be as follows:

 

           

Network Operator(s)

Costs (Rs)

 

Vodafone

Rs. 3/ Sms

BSNL

Rs. 3/ Sms

Bharti Airtel

Rs. 3/ Sms

Reliance Jio

0

 

 

  • To register and to participate in the Auditions, the interested Contestant(s) shall:

 

  1. Mandatorily need to register himself / herself or through his/her natural / legal guardian in case the Participant is a minor vide the SMS mechanism and be in receipt of the Confirmation Message as mentioned hereinabove .Submit the Confirmation Message that he / she has received  on their registered  mobile  number . For avoidance of doubt it is clarified that the interested Participants  who  do not  submit the Confirmation Message shall be  disqualified and shall not be allowed to  participate further  in the  Auditions. This  decision of the  Company shall be final and binding on the interested participant  and his/her natural / legal guardian in case the Participant is a minor .

 

  1. have a unique registration code assigned to him/her at the Audition Centre (“Registration Number”);fill and execute a registration form or any other document(s) at the Audition Centre and duly submit all personal information including but not limited to documentation as required by the Company and/or Production House as may be required to be submitted by them for verifying / authenticating the age / identity of the interested participants  including but not limited to Voter ID, Aadhaar card , passport, driving license )along with the registration form  including but  not limited to (“Personal Information”) in a manner and form, as requested and /or prescribed therein (“Registration Form”);

 

  • In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs in case the Contestant is a minor, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s) [and in case the Contestant is a minor, signature of his/her parents on the Registration Form duly submitted by the Contestant(s) at the Audition Centre] shall be considered a complete entry (“Entry”).

 

  • Contestant(s) undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in the The Channel/Company shall be free at any point of time to contact and/or communicate with the Contestant(s) for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the Entry and the Contestant(s) shall unconditionally facilitate the same.

 

  1. All entries at the respective Audition Centre(s) shall be on first come first serve basis between 9.00 am to 5.00 pm and/or or any other time as decided and communicated by the Company at its sole discretion. It is further clarified that the Company reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Contestant(s) shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

 

  1. The Auditions for the Program shall be conducted at the Audition Centre(s) in the manner as detailed below:

 

  1. LEVEL 1

 

  1. The Contestant(s) will be asked to perform a minimum 1 (one) singing act and maximum 4 (four) four acts [“Act(s)”]. This Act shall be evaluated by the Company or its representatives and /or renowned experts/singers/music composers appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s).
  2. The top rated Acts of the Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of his/her performance, voice quality, technique, entertainment factor, uniqueness, etc. or any such other criteria determined by the Company at its sole discretion.
  • The Company and/or the Production House reserve the right to stop/interrupt the Contestant(s) during the Act(s) and the Contestant(s) shall have no objection to the same.
  1. The Panel shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants and their natural/legal guardian. Based on the evaluations by the Panel, the top rated performances shall be shortlisted and the Participants shall be selected and eligible for participation in Level 2 of the Auditions to be conducted in the Audition Centre(s) in India.
  2. All Participant(s) selected and shortlisted to participate in for Level 2 of the Auditions shall be informed about their selection by the Production House, may intimate the natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of) at the venue of the respective Audition Centre itself. The Production House, shall communicate and announce the names of the shortlisted Participants at a time as decided by them at the venue of the Audition Centre , and it is the sole discretion and responsibility of all such Participants and/or of the natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of) to be present at the time of such announcement and/or communication by the Company and/or the Production House. Such communication by the Production House and/or Company shall also give brief details of the next level of Audition – LEVEL 2 (such as the date and time of the Auditions and other details as maybe required, etc. The Contestants(s) or the natural/legal guardian [in case the Participant(s) is below the age of 18 years] maybe be required to give a confirmation of their participation presence at the Audition Centre(s) for Level 2 Auditions as the case may be .

 

  1. LEVEL 2

 

  1. Participant(s) and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) shortlisted at Level 1 shall be required to be present in the Audition Centre in Kolkata to participate and perform in Level 2 Auditions located in Kolkata, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective shortlisted Contestant(s) in Level 2, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.
  2. Such Contestant(s) may be trained by the Production House and/or the creative teams engaged by the Production House and shall be asked to perform a singing act to showcase their talent (“Act”) and may be further interviewed by the Company and/ or Judges regarding his/her background, family history, singing training and/or experience, etc.
  • Level 3 will be held in tentatively in the city of Kolkata. The Contestant(s) shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“Judges”) engaged by the Company at its sole discretion. The Judges may listen to the Contestants in chairs facing away from the stage so as to avoid seeing the Contestants. The member of the jury shall evaluate the Contestants on their voice quality, versatility, style, overall personality, stature of their performance, song selection,, entertainment factor, uniqueness, etc., and such other criteria as may be determined by the Company in its sole discretion and shortlist the top Show Players.
  1. The Judges shall, based on the Contestant’s performance in Level 2 as per the above mentioned criteria, select  7 number of Wild Card Player(s) for the Program, as may be deemed fit by the Company. The selected Wild Card Player(s) shall be informed by the Company over the phone and/or other communication such as formal letter or email about such selection. The concerned Wild Card Player(s) shall be solely responsible for checking the email/calls received from the Company.
  2. The selected Wild Card Players will need to reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program.
  3. Upon successful completion of the contract and agreement with the Wild Card Player(s) in relation to the arrangements for such Contestant(s), attendance at the Studio, the selected Wild Card must attend the Studio at the time and date communicated by the
  4. In the event of the failure of any of the Wild Card Player(s) from attending the Studio by the aforesaid time for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Show.
  • The cost of travel and accommodation of such selected Contestant(s) from Level 1 of the respective Audition Centres shall be borne shall be solely borne by Participant and natural/legal guardian of the Participant(s) in case of Contestants below the age of  18 years), without  any recourse to the Company If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.
  • The Participant(s) and natural/legal guardian of the Participant(s) (below the age of majority as per the applicable laws in the Territory of which the Participant is a citizen and resident of) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1 if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.
  1. For avoidance of doubt it is clarified that the decision of the Company and/or the Judges shall be final in this regard and neither the Participants nor any one on their behalf (including his /her legal guardian) shall have any objection to the same.
  2. The Company reserves the right to select any number of Contestant(s) from the Audition Center in Kolkatta, India as deemed fit in accordance with the Show requirement and all such decision shall be final and binding on the Contestants.

 

  1. Participant(s) who have participated in the earlier auditions  of the Program  and appeared / participated in the televised episodes of the Program  and (ii)previously participated in singing based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Contestant(s) agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.

 

  1. The Company reserves the right to extend the timing or close the gates of the Audition Centre(s), without prior notice to the Contestant(s) and/or people who have turned up at the Audition Centre(s).

 

  1. It is clarified that the Contestant(s) shall carry their own music CD’s or tapes or any musical instrument that may be required for all the Levels of the Auditions and/or shall be solely responsible to make all arrangements for facilitating their Act and the Company shall not be responsible to provide the same.

 

  1. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Channel/Company /jury/Panel/Judges shall be final and binding on all the Contestant(s) and in no event shall the Contestant(s) dispute the decision made by the Channel/Company or its employees in connection to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Contest/Program, the decision of the Company shall be final and binding.

 

  1. The Company and /or the Production house and /or the jury and /or the Panel and /or the Judges (as the case may be) reserve the right to stop/interrupt the performance of the Contestant(s) at any given point during any of the Levels of the Auditions and the Contestant(s) shall have no objection to the same nor shall they raise any objections against the same. It is further clarified that the Company and /or the Production House and /or the jury and /or the Panel and /or the Judges (as the case may be) are not obligated to watch the performance of the Contestant(s) and /or the Act beyond a reasonable time period. For the purposes of this Auditions, reasonable period shall mean 30 (thirty) seconds. The Participant shall abide by the decision of the panel and/or Judges/Company/Production House in this regard

 

GENERAL RULES

 

  1. The Auditions is strictly open to Participant(s) between the age of 14 (fourteen) years and 80 (eighty) years, i.e. 14 (fourteen) years or above till 70 (seventy) years, as of November 1, 2019 being an Indian citizen of and residing in India during the Audition Period and the Program, as per the respective applicable laws of India.

 

  1. Employees of the Company, of the Production House, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Hindi or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, nationality including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).

 

  1. In the event the Participant and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) is found to be in violation of any applicable laws at any point of time during the Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions. Further in case of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, it is the onus of the natural guardian /legal guardian to ensure that the participation of such minor Participant is as per the applicable laws of the country of which they are citizens and residents of. In case it is found to be otherwise by the Company then immediately such minor Participant shall be disqualified.

 

  1. Participant and/or the natural/legal guardian of a Participant below the age of majority, i.e. under 18 years of age, as represent to the Company that the Participant is free and competent to enter the Auditions; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.  It is hereby clarified that all minor Participants (i.e. under 18 years of age in India) shall be accompanied only by the natural parent/ legal guardian at the venues of the Audition Centers and at Levels of the Auditions, i.e. 1 2, and 3. The Company and/or the Production House, shall have the sole right to disqualify such un-attended minor participants from further participating in the Auditions and such decision will be final and binding on the minor participant and for any other person including the natural parent and legal guardian of the participant under the age of 18 years.

 

  1. Participant and/or the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, hereby provides his/her consent for collection, receipt, storage, use, transfer and retention of Personal Information, which is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions:

 

  1. The Participant has read, understood and accepted the Privacy Policy and understand and agree that my Personal Information is subject to the terms of this Terms and Conditions and the Privacy Policy.
  2. The Personal Information may include information inter alia name, date of birth, address, age, gender, marital status, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition and sexual orientation, images, videos.
  3. The Personal Information is being collected by the Company/ Production House pursuant to the Terms and Conditions, in connection with the Auditions/Program and it is necessary for the Company/ Production House to collect the Personal Information for the Auditions Program and the uses set out below in (d) below.
  4. The Personal Information will be used for the Auditions/Program, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by the Company, in respect of the Auditions/Program on the channel(s) owned by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd.
  5. The Personal Information will be shared by the Company with the Production House, the Panel, Judges and the public at large, in connection with the Program.
  6. The Production House will be collecting and retaining the Personal Information on behalf of the Company.
  7. The Company has informed the Participant and the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, of his/her rights to: (i) review his/her Personal Information for deficiencies and inaccuracies, and request the Company to correct or amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided under this Terms and Conditions. Provided that the Company shall not be liable for any collection, receipt, storage, use, transfer, disclosure or deletion of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Personal Information, the Company shall be entitled to disqualify my entry and/or participation in the Auditions and /or Program, as deemed fit and necessary by the Company at its sole discretion.
  8. All Personal Information is true, correct and complete in all respects and in no event will the Company, the Production House or the Panel/Judges be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information.
  9. The Company has provided the Participant and the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, with the option to opt out of providing his/her Personal Information, and the Participant has not exercised such option.

 

  1. The Participant and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) shall not make any claims against STAR India, Channel, their directors, employees 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 Auditions or any related activity including any unauthorized access of the videos, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

 

  1. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company 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 internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit/Post” button. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

 

  1. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant(s) shall hold harmless the Channel, Company, 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), in any manner whatsoever in connection with the Program and/or any aspect of the Auditions and waives 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 forum in India to claim any damages or reliefs.

 

  1. The Participant and/or the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory, of which the Participant is a citizen and resident of, acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant and/or the natural/legal guardian of a Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, fully understand this aspect of the Program and shall neither hold the Production House/STAR India liable for any such depiction nor shall make any claims in respect of the same against the Production House/STAR India and/or the Channel or any of its representatives and/or the Jury.

 

  1. The Company reserves all rights to make amendments to the Auditions Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant to check the Terms and Conditions for the Auditions on the Website and /or the platforms from time to time. STAR India also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant.

 

  1. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Program. The Participant further confirms that he /she is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).

 

  1. The Participant(s) and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) will be required to furnish necessary supporting documentation in original (e., government endorsed identification proof such as school leaving certificate, college leaving certificate etc.) and/or any other documentary proof as may be required by the Company to – We confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or STAR India in its sole and absolute discretion. In case of a legal guardian ,the said person will need to furnish all paperwork and also produce the relevant order /decree of the court whereby he /she has been appointed as “Legal Guardian” of the Participant below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of.

 

  1. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) and/or the public.

 

  1. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.

 

  1. The Channel/STAR India reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) and also STAR India/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

 

  1. In case for whatever reason any Participant and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

 

  1. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant shall without limitation be bound by such decision of the Company.

 

  1. The Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased, or do anything in the nature of an endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

 

  1. The Participant(s) and /or legal /natural guardians on behalf of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the names and identity of the selected Show Players, Judges or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company.

 

  1. The Participant(s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

 

  1. Non-conformance by any Participant and/or by the natural/legal guardian of the Participant below the age of majority as per applicable law of the Territory of which the Participant is a citizen and resident of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then STAR India will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

 

  1. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“Force Majeure”) which continues for a period of fifteen (15) days, the Company may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions  and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding on the Participants.

 

  1. Notwithstanding a Participant's participation in the Show/ Auditions, there is no obligation on the part of the Company to broadcast any Show/ Auditions in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.

 

  1. Participant (s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot/filmed/recorded during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same  in any manner it may deem fit.

 

  1. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the natural/legal guardian of the Participants in case they are minors on behalf of the Participants(s) agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant and /or natural guardian/legal guardian of the Participant(s) on behalf of the Participant(s), on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant and /or natural guardian of the Participant(s) on behalf of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant  or the  natural guardian on the behalf of minor Participants hereby agree that neither the Participant(s) nor his/ natural guardian shall  assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company  without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. The Participant and /or natural/legal guardian of the Participant(s) on the Participant(s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions. 

 

  1. The Participant(s) either through themselves or in case of minors through their natural/legal guardian waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) and in case of minors, the natural/legal guardian of the Participant(s) further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the natural/legal guardian on behalf of a minor Participant acknowledges that the Entry submitted and /or videos submitted and/or contribution to the Materials does not qualify as a ‘performance’/‘live performance’ within the meaning of the Indian Copyright Act, 1957.

 

  1. The Participant agrees and acknowledges that the Channel /STAR India shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

 

  1. The Participant shall make themselves available from time to time and co-operate with the Channel and/or STAR India and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions  without any money payable/ any additional consideration to the Participant.  Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

 

  1. Participant(s) and in case of minors, the natural/legal guardian of the Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion of the Program for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR India reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or STAR India or the Channel without notice to the Participant and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) and without any further compensation to the Participant and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of).

 

  1. The Participant and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) agree that in consideration of being given opportunity to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, STAR India, its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions and to the extent permissible under law waives 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 forum in India against the Production House and/or the Channel and/or STAR India to claim any damages or reliefs or otherwise.

 

  1. The Participant and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) agree to keep STAR India, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Video(s), by STAR India and /or any of its affiliate companies and/or channels.

 

  1. The Participant and the natural /legal guardian in case of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, agrees that STAR India shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. STAR India shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) and/or the parent/guardian of the Participant (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

 

  1. Certain information relating to the Production House, STAR India, the Program, Channel, will be disclosed to the Participant(s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) by the Production House and/or STAR India which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Participant(s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR India, as the case may be, and is valuable, special and unique to the business of Production House/STAR India, as the case may be. Participant(s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

 

  1. Participant(s) and natural/legal guardian on behalf of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

 

  1. All obligations, representations, warranties, grant of rights in relation to a Participant who is below the age of eighteen (18) years as on November 22, 2018 shall be deemed to be provided by the natural/legal guardian of the Participant.

 

  1. The Participant and natural/legal guardian on behalf of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) 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.

 

  1. Participant and natural/legal guardian on behalf of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

 

  1. The participation of the Participant the in the Auditions shall mean that the Participant and natural/legal guardian on behalf of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

 

  1. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, 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.

 

  1. Subject to the provision of 39 above, the Courts having exclusive 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 Mumbai, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

'Bhalobashar Shoptaho' Contest

These terms and conditions (‘Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest titled “Bhalobashar Shoptaho_” (‘Contest’) which will be hosted by Star India Pvt. Ltd. (“Star India”) for the purpose of promotion and viewer engagement of its channel ‘Star Jalsha’ (“Channel”) and its program, “Ekhane Akash Neel” (“Jalsha Program”). The Contest will be conducted on the Channel.

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.

Star India reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Website (defined below), unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defense in any proceeding with regard to the Contest.

To participate in the Contest, the Participant may be required to disclose his/ her personal information to Star India from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). Star India is committed to protecting the privacy and the confidentiality of the Personal Information received. Star India uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information is dealt in the manner laid down in the Privacy Policy of Star India available at http://www.startv.com/legal-terms-policies/#contest-tandc (‘Website’).

Any information gathered through these Terms and Conditions shall be subject to our Privacy Policy which is available at our Website incorporated herein by reference. Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to agree to these General or Principal Rules (as stated herein below) or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Contest. The Contest shall be governed by the Terms and Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.

The Privacy Policy available at the Website shall govern all usage of any Personal Information and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information in relation to Your participation in the Contest gathered under or pursuant to this Contest by STAR India (if any).

I. Principal Rules

1. Star India shall announce the Contest via promos on the Channel and any other mode or medium as deemed fit by Star India including but not limited to other channels of Star India, newspaper ads, radio, outdoor and digital platforms and handles of the Channel (Facebook, Twitter and Instagram) or through any other medium of exploitation which shall be at the sole discretion of Star India.

2. The Contest shall commence from February 10, 2020 at 17:30pm Indian Standard Time (“IST”) and shall conclude on February 16, 2020 at 23.59pm IST (“Contest Period”) on the Channel. For sake of clarity it is clarified that the Contest Period shall consist of consecutive of 7 (seven)days starting from February 10, 2020and ending on February 16, 2020 . Star India reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. Star India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).

3. The Contest shall comprise of 1 (one) multi choice question, based on the Jalsha Program telecasted on the Channel on a daily basis for all 7 (seven) consecutive days between 17.30 pm , IST to 23.59 PM IST of the Contest Period (“Daily Question”). The total number of Daily Questions triggered during the Contest Period shall not exceed a number)7 (seven)multi choice questions. It is clarified that the Daily Questions will be refreshed and subject to change on a daily basis by Star India. It is further clarified that the Contest shall be triggered only during the telecast of the Jalsha Program, i.e between 17.30 pm , IST to 23.59PM IST timeslot during the Contest Period and no other timeslots. It is clarified that each Daily Question(s) of the Contest triggered during the Contest Period shall be strictly based on the contents of the Jalsha Program being telecast on the Channel on during the Daily Contest Period ( as defined below) .For the purposes of this Terms and Conditions ,the Daily Question shall be displayed on the Channel during the telecast of the Jalsha Program on a Promo of 20- 30 seconds along with the mechanism for every Participant to participate in the Contest. The lines will remain open on a daily basis during Contest Period from 17.30 pm , IST to 23.59 PM IST during the Contest Period (“Daily Contest Period”).

4. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer the Daily Questions during the Daily Contest Period, by sending SMS in the following format: “JALSHA<SPACE>” EAN<SPACE> Answer Option <A/B/C> to 56263 (“Answer/ Entry”). It is clarified that the SMS should contain the respective keywords followed by <space> followed by their options <A/B/C> for each Daily Question. If the Participant(s) provides an incorrect Answer(s) then his/her Entry (as defined below) shall be considered incomplete and the Participant(s) shall not be eligible for the Prize (as defined below). Answer(s)/Entry(s) received by Star India after Daily Contest Period and /or before Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by Star India. It is further clarified that SMS sent by the Participant to an incorrect number or without the requisite characters or <space> or correct alphabets or numeric/s in the order specified or SMS sent after the Contest Period will be deemed invalid and entry of such Participant will be disqualified. For purposes of this Contest, “receipt” of Answer(s) occurs when the mobile/network operator records the Answer information upon the Participant(s) sending the SMS and the Participant (s) receiving a thank you message stating “Thank you! We will inform you if your entry has been selected. Your participation confirms that you agree to contest T&Cs and Privacy Policy of the Contest.”. Any automated receipt confirmation does not constitute proof of actual receipt. Providing the correct Answer for each of the Daily Question of the Contest during the Contest Period and /or Daily Contest Period by the Participant(s) through SMS shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, by submitting the Entry and /or Answer(s) the Participant(s) is representing that the Entry(s) and /or Answer(s) or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant(s) shall be free to submit /provide Answer(s) innumerable times through SMS for each Daily Question during the Period and such submission of Answer(s) shall not make him /her from ineligible from participating in the Contest and shall not render his /her Entry invalid however only the first valid Entry registered with Star India will be taken into consideration. Answer/s Entries (i.e. SMS) received after the Daily Contest Period for each Daily Question of the Contest shall be considered null and void.

5. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.

6. For the purposes of this Contest, the Participant(s) who are subscribers of Airtel, Vodafone, Idea, Reliance Communications and Tata Teleservices shall be able to participate in the Contest.

7. It is clarified that all costs incurred by the Participant(s) to participate in the Contest including but not limited to sending SMS shall be solely borne by the Participant(s) without any recourse to Star India. Cost applicable for the SMS sent by the Participant(s). The cost charged to the Participant(s) by the respective network provider(s) shall be as follows:

Operator

Costs

Airtel ROI

Rs. 3/ Sms

Airtel TN & Chennai

Rs. 5/ Sms

Vodafone

Rs. 3/ Sms

Idea

Rs. 3/ Sms

Tata

Rs. 3/ Sms

*Rates are subject to change due to internal policies and/or recent TRAI regulations. Participant(s) are requested to check rates with their telecom operators. Star India will not be liable for any changes or any additional costs incurred by the participant.

8. In case of telecom, network failure and/or any other reason, Star India reserves the right to change the mechanism or take such necessary steps as it may deem fit.

9. Upon the Participant(s) sending in their Entries to the Daily Questions, the mobile number from which the Participant(s) have answered the Daily Questions would get registered with the respective network provider. It is understood by the Participant that to be eligible for the Prize he/she shall be required to submit his/her Entries/ Answers for the Daily Question(s) from one specific mobile number only failing which he/she shall be considered ineligible to contest for the Prize.

10. It shall be deemed that the person in whose name the mobile number is registered (from which the SMS is sent) shall be construed to have sent the Answer(s)/Entry(s) for the Contest. In case of any discrepancy, Star India and/or Channel shall have the final discretion in this regards.

11. Star India and/or the Channel shall not be responsible for the cost of SMS charged by the respective network provider(s) shall be borne by the Participant(s) alone.

a. It is clarified that each Daily Question shall have only 1 (one) correct answer and to qualify to win the Prize, the Participant shall be required provide maximum correct Answer(s) to the 7 (Seven) Daily Question(s) triggered during the Contest Period.

12. Star India and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of Star India and/or the Channel in this regard shall be binding upon the Participant(s).

13. At the end of the Contest Period, every Participant(s) on the basis of the having made a valid Entry and his/her providing maximum number of correct Answer(s) to the 7 (Seven) Daily Question(s) triggered during the Contest Period. in the manner as stated hereinabove shall be shortlisted by Star India at its sole discretion and subsequently out of these shortlisted Participant(s), STAR India shall by way of random selection at its discretion, from the aforementioned shortlisted Participant(s )select and declare 5(five) (“Winner”). For the entire Contest Period the total number of Winners shall not exceed a total number of 5(five) Winners. All the Winners shall be entitled to gratification in the form of an opportunity to meet and greet the lead artists of the Jalsha Program at a location and date as decided and finalized by Star India at its sole discretion .(“Prize”) Star India shall not be responsible or liable for any change in the Prize. It is clarified that all expenses for travelling etc for the meet and greet forming part of the Prize shall be borne by the Winners at their own costs without any recourse to Star India in any manner whatsoever .It is further clarified that Star India shall at its sole discretion select the Winner and allocate the Prizes amongst the qualifying Entries by way of a random selection based on the criterion mentioned herein.

14. . The Winner(s) shall be announced on the Channel and /or Website or any other medium as Star India may deem fit and necessary at its sole discretion. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize/. Only the Participant(s) having made a valid Entry(s) and providing the maximum number of correct Answer(s) to all the Daily Questions triggered during the Contest Period shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/ Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

15. These Winners / shall be contacted by Star India on the mobile/ phone number through which Entry had been submitted to Star India informing him/her that he/she has been selected as the Winner of the Contest. The Winner shall be required to submit to Star India scanned copies of their age and address proof which shall be a valid passport copy, pan card copy, driver’s license, last two months bill for the mobile number registered with Star India (from which the Participant has submitted his/her Entry in the Contest) (“Winner Documents”). The Winner’s shall be required to submit the Winner’s Documents to Star India within seven (07) days from the date of the sms /telephonic communication received from Star India by the Winner. It is further clarified that at the time of the Meet and Greet event , it is mandatory that the Winner(s) submit / show the sms confirmation / formal communication received from Star India informing them that they are the Winners of the Contest . In case the Winner(s) fail to submit or show the same , then they shall be automatically disqualified from availing the Prize , ie he / she will be disqualified from availing the opportunity of being part of such Meet and Greet. This decision shall be unconditional and binding on the Winner(s) and neither the Winner(s) nor any one on their behalf will challenge or make any claims against Star India in this regard .

16. Star India shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winner on the mobile/ phone number as shall be registered with Star India. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, Star India shall make maximum 1 (one) more attempt to call the Winner. In case any the Winner is unavailable on all the attempts, the selection of that Winner shall be invalidated and Star India shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry during the Contest Period. For the avoidance of doubt such choice of new Winner by Star India shall be final and binding. Star India shall not be responsible if any of the Winner is not available on the mobile number provided by him/her and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.

17. In the event the said Winner fails to adhere to the instructions of Star India and/or fails to submit all the requisite identification documents as more particularly mentioned herein, then his/her selection shall be invalidated and Star India shall not be liable to that Winner in any manner whatsoever.

18. Star India and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion. For the reasons fit by Star India, it also reserves the right to not select any Winner(s).

19. It is clarified hereby that Star India shall have a discretionary right to postpone/ cancel/change the destination of the Prize for reasons of unavoidable circumstances and/or reasons beyond control of Star India and/or any other reasons whatsoever.

20. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winners and the Winners cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person. The Winner shall not in any manner monetize and/or trade any prizes. In the event it comes to the notice of Star India that any of the Winner is indulged in such illegal or illegitimate activity, Star India shall forthwith rescind and invalidate the gratification to such Winner without giving any prior notice.

21. Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winner in relation to the Prize.

22. The decision of Star India and/or the Channel shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by Star India and/or the Channel.

23. By participating in the Contest, it shall be construed that the Winner has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure and/or the details of the scores and/or the Winner and/or the Prize.

24. The final selection of the Winners shall be made by Star India and shall be final and binding on the entire Participant(s)/ Winners and in no event shall the Participant(s)/ Winners dispute the decision made by Star India or its employees in connection to the Entry/Answer and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of Star India shall be final and binding.

25. The Participant/ Winner shall not in any circumstances make any claims against Star 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)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winner are found to be ineligible, or if he or she has not complied with these Terms and Conditions , the corresponding Entries will be disqualified.

26. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.

27. By entering the Contest, each Participant(s)/ Winner 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 under no circumstances will Star India and/or Star 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.

28. Star India reserves the right to disqualify any Participant(s)/ Winner(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by Star India from time to time. Star India reserves the absolute right and discretion to reject any Entry/ Answer or any part thereof at any stage of the Contest, including after declaring the Winners, if Star India:

a. receives any notice or complaint relating to the Entry/ Answer not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;

b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, 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, defense, 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.

29. The decision of Star India in this regard shall be final and binding upon the Participant(s)/ Winner. The Winner and /or Participant(s) shall not in any circumstances make any claims against Star 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)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winners are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.

30. In consideration of the participation in the Contest, Participant/ Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to Star India. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/ Winner in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media and form as Star India may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to Star India including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/ Winner waive any so called moral rights in the Entry.

31. Neither Star India and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and the Winner agrees not to hold Star India and/or the Channel and its employees, responsible with regards thereof.

32. By participating in the Contest, it is construed that the Participant(s)/ Winners has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same.

33. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant(s) and in no manner whatsoever shall the Channel/Star India, be responsible for the same.

II. GENERAL RULES

1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of Star India shall be final.

2. The Participant(s) interested in participating in the Contest must be female , above the age of 18 (eighteen) years and a resident of West Bengal only. The Participant(s) should not have been previously convicted of any criminal offense or must not be a party to an arrangement or a contract that prevents them from participating in the Contest. The employees, affiliates, directors and/or consultants of the Star India; and members of their immediate family; persons other than Indian nationals, or Indian nationals living out of Maharashtra, or those who do not qualify under the definition of resident of India as per the Income Tax Act, 1961 are also ineligible to be Participant(s) in the Contest.

3. Proof of age, if requested, of the Participant(s) must be submitted to STAR India (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate and attested in such manner) as may be required by STAR India to confirm the eligibility of the Participant(s). Star 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(s)/ Winner(s) at any point of time during the Contest Period.

4. The Participant(s)/ Winner(s) represents and undertake to execute and produce such further documents as may be required by Star India in relation to the Contest.

5. Participant(s) agree, understand and acknowledge that there is no prize/gratification for merely sending Entry in the Contest.

6. In case any Participant sends his/her entry/entries while roaming in a different circle/zone, additional roaming rates may apply. The Participant is advised to check such additional rates with their telecom operator. Star India will not be liable for any such charges incurred by the participant.

7. While all attempts will be made to protect the SMS data received from loss and/or corruption, Participant(s) agree and acknowledge that all system are prone to failure and hacking attempts. In the event of any data loss, Star India shall make reasonable endeavors and may disqualify all the Entry(s) received or conduct a re-contest or continue with whatever data available in the manner it deems is fit. Star India shall not be responsible for any damage resulting from the loss of data or action taken by Star India on account of the same. Star India will not be responsible to make good any loss or dissatisfaction suffered by the Participant on account of such loss.

8. Star India will not entertain any requests or claims to verify/audit/challenge the logic of the factors relevant for determining the Winner(s).

9. Each Participant(s)/Winner(s) consents to the use of information submitted by the Participant(s)/ Winner(s) including the Entry(s)/ Answer(s) for the purpose as set out in these Terms and Conditions.

10. Star India reserves the right to cancel and/ or postpone the Contest without assigning any reasons and/ or without giving any prior intimation to the Participant(s).

11. In case a Participant(s)/ Winner(s) is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content or Privacy Policy, then Star India will disqualify the Entry/ Answer received from such Participant(s)/ Winner(s).

12. The Terms & Conditions shall be advertised sufficiently across the Website to ensure that no Participant is misled and understands the entire participation process prior to participating in the Contest.

13. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry/ Answer and/or for any reasons whatsoever, Star India reserves the right at its sole discretion to change the SMS mechanism for submitting the Entry/ Answer and /or cease from accepting Entry/ Answer of the Participant(s)/ Winner(s) during the Contest Period in any manner it deems fit and necessary. In addition Star India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the SMS mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of recording SMS due to any reason whatsoever including technical disruption/phone lines being open / a default in sending out the SMS alert to the Participant(s) upon sending the Entry/ Answer / close or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry/ Answer/ failure to logging on automatic acceptance of SMS stated in these Terms and Conditions and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of Star India.

14. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against Star India, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/ or connections or directly or indirectly due to or relating to their participation or non-participation in the SMS mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entry(s) will be disqualified.

15. The Winner(s) must submit with Star India and/or the Channel a copy of the last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner(s) and such other documents that could be furnished as proof that the mobile number is registered in the Winner(s) name.

16. 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 or the Contest 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 Star. In case the Winner(s) breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.

17. The Prize cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Prize will be recorded by Star India or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel.

18. 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, except as specified herein, and if applicable, Winners agrees that the same shall be solely borne by the Winner(s).

19. Star India shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

20. The Winner(s) of the contest are expected to treat the celebrities with dignity and respect. If the Star Team at location observe winner(s) behaving inappropriately, Star India reserves the right to suspend the gratification to the winner(s) and the winner(s) will not have any rights to claim any damages.

21. The entitlement to Prize and/or gratification in the form of an opportunity to meet and greet the lead artists of the Jalsha Program shall be subject to the availability of the lead artists on such date and time as finalized by Star India. Star India will not be liable if there is any change in the cast of such celebrities,

22. Star India reserves the right to forfeit the Prize in the event it is found by Star India or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. STAR India shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Prize to such person. Such decision of Star India shall be final and binding.

23. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or the benefit in connection thereto becomes ineffective, invalid or unavailable (e.g. cancellation/postponement of the Contest), Star India shall not be held responsible and/or liable for the same.

24. Star India makes no representation and/or warranty regarding the Prize other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.

25. The Winner(s) shall be solely responsible to avail the Prize at the time of delivery. The Winner(s) agrees that he/she shall not hold Star and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize and/or damage during transit or any problem in connection to the Prize.

26. The Winner (s) specifically agree and undertakes on behalf of himself / herself and his / her respective family members that he / she shall unconditionally make himself / herself and his / her family members be available from time to time and co-operate with Star India and participate in any activity and/or campaign of any nature whatsoever ("Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself / herself and his / her respective family members allows, grants and permits STAR India or any party authorized by it to record (audio-video/audio or video), his /her and /or his / her family member’s appearances, participation, performance, acts ,any interaction of the Winner and /or his / her family members within themselves and /or with any celebrities, media or any third party or any representative of STAR India or any related series of sound recordings and video recordings which have been shot during the designated match at the venue and/or as part of the Promotional Activity on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Winner and /or his / her family members (“Footage”) and agree that the Footage may be used by STAR India as it deems fit anywhere in the world at any time now or in the future.The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with STAR India worldwide in perpetuity and STAR India is entitled to exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future . The Winner further agrees and undertakes to execute on his / her behalf as well as on behalf necessary documentary as may be required by Star India in respect of the exploitation and use of such footages.

27. The Participant(s)/Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring Star 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 promotion of the Program.

28. Star 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 and such decision of Star India shall be final and binding.

29. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived his/her right to raise any dispute with regard to the Contest, and /or the Prize in any manner whatsoever to the extent permissible under law.

30. For the sake of clarity, if the Winner(s) refuses to accept the Prize awarded upon physical delivery of the same, Star India shall be released from all obligations towards the Winner(s) in connection to the Prize won by the Winner(s). Further, after forfeiting the Prize, Star India shall be entitled to select and declare another Winner(s) (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize, to that Winner and such decision of Star India shall be final and binding.

31. Further, Star 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 not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which Star India is unable to intimate the Winner(s).

32. Neither Star nor its employees have given a guarantee regarding the quality of the Prize and the Winner(s) agree not to hold Star and/or the Channel and its employees, responsible with regards thereof. It is clarified that Star and/ or Channel shall not be responsible for the brand, quality, value etc. in connection to the Prize and the supplier/ manufacturer shall be solely responsible for the same.

33. Star India reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participant(s); (ii) make amendments to the existing Terms & Conditions and/or Contest Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Participant; (iii) extend or curtail the Contest Period and /or suspend or abandon the same at any time, without any notification(s) to the Participant(s), and the Participant(s) shall have no objection to the same whatsoever, nor shall the Participant(s) make any claims /disputes in respect of the same.

34. The Winner agrees that he/she shall not hold Star India and/or the Channel and/or their employees, responsible for delays or any problems in connection to the Prize.

35. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, Star, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the SMS mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/Answer 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 applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

36. 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 Participant(s)/Winner(s) in any manner whatsoever, in relation to the Contest.

37. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify Star India, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/ litigation/ injury/ damage/ harm/ loss suffered by Star India in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest including any third party rights claims with respect to the material submitted by the Participant(s).

38. Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) and Star India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

39. Participant(s) agree to not attempt to gain unauthorized access to servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

40. The Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Prize 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 15 (fifteen) days, then Star India shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding.

41. Participant(s)/Winner 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 these Terms and Conditions, 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.

42. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

43. The Participant(s)/Winner(s) shall at all times comply with the laws of India.

44. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the SMS and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner(s) who has raised the dispute.

45. Subject to the provision of 37 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.

Malang Contest

Terms & Conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest (as defined below) as detailed herein for participation in the “Malang Movie Contest” (“Contest”) and shall be binding oneach participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the rules and regulations, terms, Privacy Policy as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions will disqualify your participation in the Contest.

The Contest shall be governed by the Terms and Conditions, and, by entering the Contest, each Participant acknowledges that he/she has read and understood, and unconditionally agrees to comply with and abide by these Terms and Conditions. The decisions of STAR on all matters relating to the Contest shall be final and binding in all respects.

The Privacy Policy available at the Website at www.startv.com shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by STAR (if any).

STAR shall promote the Contest on the “Star Plus Middle East”, andAsianet ME” Facebook Pages at the https://www.facebook.com/STARPlusMiddleEast/ and https://www.facebook.com/AsianetME/ (“Facebook Page”) and Instagram handle www.instagram.com/starplusmiddleeast/ (“Instagram Handle”).

The Contest shall commence on 3rd February, 2020 at 3:00 PM UAE and shall conclude on 10th February, 2020 at 11.59pm UAE (“ Contest Period”).

(I) Participants Eligibility

 

To participate in the Contest the Participant(s) must comply with the below:

1. The Participant(s) must be individual citizens/resident of the Territory and of twelve (12) years of age or above at the start date of the Contest Period.

2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract.

3. The Contest is not open to the employees (permanent or contract) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and affiliated companies (collectively, “ STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and or entities connected with the promotion of the Contest (collectively, “Sponsors”).

4. STAR reserves the right to verify the eligibility of all Participants.

5. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(s) as null and void.

(II) Participation Mechanism:

 

1. A question related to the movie Malang with three answer options – two incorrect and one correct shall appear on the Facebook Page. The question with the three answer options shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s)/ follow the social media platforms during the Contest Period and pick the correct answer to the question during Contest Period. To send in their entries, Participant(s) will email the correct option 1, 2 or 3 tomarketingme@startv.com (“ Entry”).

3. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has/have submitted their first entry with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, the subsequent Entry shall be considered null and void.

4. An Entry will be deemed valid only on completion of the full details requested along with the answer to the question.

5. Any details submitted must be accurate and complete and are subject to proof upon request by STAR.

6. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted.

7. The Entries received before the commencement or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible entries will result in disqualification from entry into the Contest and the receipt of any prize.

8. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in a Submission not being received. Any automated receipt of confirmation does not constitute proof of actual receipt.

9. Only eligible Submissions/Entries received during the Contest Period will be included in the Contest.

10. Submissions should state all the required information asked from the Participant(s). If the same is not complied with, then the Submission will not be considered and will be disqualified.

11. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirm that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.

12. The Participant(s) agrees that the Entry shall be free of any virus/Trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intend to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

13. The Participant(s) represents and warrants that the persons appearing in the Entry are the Participant(s) and his/her relatives alone and are not a group of friends or acquaintances. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Selection Process and Gratification:

1. STAR shall within Two (2) days after the expiry of the Contest Period shortlist Fifteen (15) Participants (randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfil all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR

 

2. The Winner will be contacted on the phone number through which the Entry was submitted. Such Winner will be required to submit scanned copies of age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documents within next 48 (forty-eight) hours of contacting them. In the event, Winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

3. The communication to the Winner would be done within thirty (30) days from the end of the Contest Period. In the event, such communication to Winner is postponed for whatsoever reasons, STAR will not be held responsible and there shall be no winner announcement done on any public forum or otherwise.

4. STAR shall not be responsible if the Winner are not available at the email id provided by them and as a result of which the Winner loses his/her chance to receive the prize.

5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry.

6. STAR shall make only one (1) attempt to reach the Winner. In case they do not revert, the selection shall be invalidated and STAR shall not be liable to that Winner in any manner whatsoever.

7. The Winner shall be required to be present in such location as required by the Company to receive four movie tickets for the movie Malang. (“ Prize”).

8. The Winner shall be solely responsible for his/her travel to and from the movie theatre at its sole cost without any recourse to STAR. The Winner shall be responsible for and shall bear any other costs, expenses and charges not specified as being included in the Prize description informed to the Winner from time to time.

9. STAR shall not be liable if the Winner misses the Movie or for any loss/ damage to their person or property caused/incurred during transit to the venue to receive the Prize. The Winner shall keep STAR indemnified for any loss suffered as a result of the same.

10. STAR shall not be responsible for payment towards alcohol, cigarette, laundry, telephone etc consumed by the Winner.

11. The Winner shall make a declaration as to his physical and mental fitness and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.

12. If the selected Winner are unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

 

13. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.

 

14. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

 

15. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.

 

16. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.

 

17. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner the shall stand disqualified without any liability to STAR.

 

18. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.

(IV) Additional Terms:

1. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) check the Terms and Conditions of the Contest on the website of STAR i.e. www.startv.com

2. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors 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.

4. The Winner hereby acknowledge and agree that the relationship between the Winner and STAR is not a confidential, fiduciary, or other special relationship.

5. The Winner hereby agree to be bound by the Terms and Conditions and/or by any subsequent revisions of the Terms and Conditions (“ Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Terms.

6. All Submissions and/or Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner grants STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

7. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant and/or the Winner hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

8. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the selected Winner.

9. By providing any personal information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have his/her information and/or likeness viewed by or disclosed to others, he/she should not enter the Contest.

10. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,

11. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.

12. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

13. The Winner shall do any and all acts and execute any and all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited.

14. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, STAR its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner during the Contest and/or enjoyment of the Prize.

15. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.

17. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai.

18. Limitations of Liability: By entering the contest, each Participant 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 star and/or star 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

Shreya Ghoshal 2020 Live in London Concert Contest

Terms & Conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for the Contest ( as defined below) as detailed herein for participation in the Shreya Ghoshal 2020 Live in London Concert (“Concert”) Contest (“Contest”) and shall be binding on each participant (“ Participant”, “Your” and/or “You”) residing in the United Kingdom (hereinafter collectively referred to as the “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Advertising Sales Limited UK (collectively referred to as “STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the rules and regulations, Terms and Conditions and Privacy Policy (as defined hereafter) as prescribed from time to time (hereinafter collectively referred to as the “Contest Terms”). If you do not agree to be bound or cannot comply with any of the Contest Terms, please do not continue. Your failure to accept these Contest Terms will disqualify your participation in the Contest.

The Contest shall be governed by the Contest Terms, and, by entering the Contest, each Participant acknowledges that they have read and understood, and unconditionally agree to comply with and abide by these Contest Terms. It is clarified that STAR’s decisions on all matters relating to the Contest shall be final and binding in all respects.

The Privacy Policy (as defined hereafter) available at STAR’s website shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by STAR (if any).

STAR shall promote the Contest on the channels “Star Plus UK”, Star Gold UK and Star Bharat UK” (“ Channel(s)”) and on its Facebook Page, Twitter and Instagram handles at the https://www.facebook.com/pg/STARPlusUnitedKingdom , @STARTVUK and @Starplus.uk (“Facebook Page”).

The Contest shall commence on 10th February 2020 at 12:00 AM GMT and shall conclude on 28th February at 11.59 pm GMT (“ Contest Period”).

(I) Participants’ Eligibility

 

To participate in the Contest the Participant(s) must comply with the below:

1. The Participant(s) must be individual citizens/resident of the Territory and of 18 (eighteen)years of age or older at the start date of the Contest Period.

2. 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. The Participant(s) should be legally eligible, as per the laws of the jurisdiction to which the Participant(s) is(are) subject, to enter into a contract.

3. The Contest is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and/or affiliated companies (collectively, “ STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and/or entities connected with the promotion of the Contest (collectively, the “Sponsors ”).

4. STAR reserves the right to verify the eligibility of all Participants.

5. Non-conformance by the Participant(s) with any and all of the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(ies) (as defined hereafter) null and void.

(II) Participation Mechanism:

 

1. A question related to the show “ Dadi Amma Dadi Amma Maan Jaao!” with three answer options – two incorrect and one correct (“Question”) shall appear during the show “Dadi Amma Dadi Amma…Maan Jaao!” (airing from Monday to Friday at 6:30 p.m. GMT, only on Star Plus UK) (the “ Show”). The Question shall appear at any time during the Show, during the Contest Period, and as many times as may be decided by STAR

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and select the correct answer to the Question during Contest Period. To send in their answers, Participant(s) may SMS STARPLUS ‘space’ answer i.e. STARPLUS A/ STARPLUS B/ STARPLUS C to 60060 (“ Entry”).

3. STAR will post new Questions on the Show on a weekly basis.

4. Only the first Entry for a specific Question by Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant has submitted their first entry with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, and the subsequent Entry shall be considered null and void.

5. An Entry will be deemed valid only on provision of all information requested along with the answer to a Question.

6. Any details submitted by the Participant must be accurate and complete and are subject to the provision of proof(s) by the Participant, upon request by STAR.

7. Participant(s) must enter the Contest on their own behalf and Entry(ies) by proxies shall not be accepted.

8. The Entries received before the commencement and/or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible Entries will result in disqualification from participation in the Contest and the receipt of any prize.

9. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in an Entry not being received. Any automated receipt of confirmation does not constitute proof of actual receipt of the Entry.

10. Only eligible Entries received from eligible Participants, during the Contest Period, will be considered for the Contest.

11. Entries should provide all required information requested from the Participant(s). If the same is not complied with, then the Entry will not be considered for the Contest and will be disqualified.

12. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirms that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.

13. The Participant(s) agrees that the Entry shall be free of any virus/trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intended to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

14. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Consent for Procuring Personal Information

1. In connection with participating in the Contest organized by STAR you hereby provide your consent for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the GDPR as may be amended from time to time (collectively, “Personal Information”), which Personal Information is subject to: the Company’s personal data privacy policy and website privacy policy, available at http://www.Startv.com/legal-terms-policies/#pdp and http://www.Startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which you have read and understood. Additionally, you agree to, and understand the terms and conditions set out below:

(a) Your Personal Information (including but not limited to your name, your username, location/city, email ID, phone number and address, the contents of your Tweet) is being collected by STAR pursuant to the Contest Terms, in connection with the Contest. You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.

(b) Your Personal Information will be collected, retained and used by the Company only for the Contest and for promotional/gratification purposes around the Contest and for no other purpose.

(c) Your Personal Information may be used for the Contest, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest on the STAR network.

(d) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.

(e) All your Personal Information is true, correct and complete in all respects, and in no circumstances will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.

(f) The Company has provided you with the option to opt out of providing you Personal Information.

(g) You hereby agree to abide by the Contest Terms.

(III) Selection Process and Gratification:

1. STAR will within seven (7) days after the expiry of the Contest Period shortlist and contact two (2)) Participants (using a randomiser to select the winners from among all Participants who have answered the Question correctly and are eligible for the Prize (“Winners”). Such Winners shall be required to fulfil all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR

 

2. The Winners will be contacted on the phone number through which the Entry was submitted. Such Winner will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the Personal Information provided by the Participant(s) including but not limited to age proof and address proof (e.g. Passport/Resident Visa/ any other valid ID for verification) (“Documents) within 48 (forty-eight) hours of STAR contacting the Participant(s). Each of the selected Winners shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case a Winner is unable to furnish the original Document(s) to verify the eligibility details, the said Winner shall be disqualified from the Contest, at the sole discretion of the Company. In the event that the Winners fail to submit the Documents within the stipulated time, their participation shall be invalidated and they shall forfeit their chance to win the Prize. It is clarified that STAR shall not be obligated to shortlist any other Participant(s) in place of such forfeited Winner. However, the Winner(s) agree to inform STAR of their inability to attend the Concert at the earliest, if such inability arises at any time after the initial acceptance of the Prize.

3. The communication to the Winners would be done within seven (7) days from the end of the Contest Period. In the event, such communication to the Winner(s) is postponed for any reason whatsoever, STAR will not be held responsible for and there shall be no announcement of Winners on any public forum or otherwise.

4. STAR shall not be responsible if the Winner(s) are not available at the phone numbers provided by them in the Entries and as a result of which the Winner loses their chance to receive the Prize.

5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry.

6. STAR shall make only one (1) attempt to reach the Winner(s). In case they do not revert, the selection shall be invalidated and STAR shall not be liable to such Winner(s) in any manner whatsoever.

7. The Winner(s) shall be required to be present in such location as required by the Company to receive two (2) tickets to the Concert, one for the Participant and one for their plus one. (“Prize”).

8. The Winner shall be solely responsible for their and their plus one’s travel to and from the Concert location at its sole cost without any recourse to STAR. The Winner shall be responsible for and shall bear any other costs, expenses and charges not specified as being included in the Prize description informed to the Winner from time to time

9. STAR shall not be liable if any Winner misses the Concert or for any loss/ damage to their person or property caused/incurred during transit to the Concert venue to receive the Prize. The Winner(s) shall keep STAR indemnified for any loss suffered as a result of the same.

10. STAR shall not be responsible for payment towards food, merchandise, alcohol, cigarette, laundry, telephone etc. consumed by the Winner(s).

11. The Winner(s) and their plus one(s) shall make a declaration as to their physical and mental fitness and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.

12. If any selected Winner is unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

 

13. All decisions taken by STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed to mean that the Participant(s) has(ve) waived their right to dispute any decision(s) made by STAR.

 

14. STAR reserves the right to withdraw the Prize should the selected Winner(s) fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

 

15. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner(s) from availing of the Prize offered.

 

16. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the Channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the Channels to a particular Participant in any manner which they deem fit.

 

17. In case the Participant(s) and/or Winner(s) fail to produce any documents required by STAR for the purpose of verification of compliance with these Terms and Conditions, such Participant(s) and/or Winner(s) shall stand disqualified without any liability to STAR.

 

18. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner(s) and the Winner(s) cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner(s) and the Winner(s) cannot transfer the Prize to any other person(s).

 

(IV) Additional Terms:

1. The Winner(s) and their plus one(s) shall also be required to comply with the terms and rules as may be published, displayed and/or communicated by the promoter of the Concert, from time to time.

2. STAR reserves all rights to make amendments to the existing Contest Terms or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) check the Contest Terms on the website of STAR i.e. www.startv.com.

3. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

4. Under no circumstances will STAR, STAR Entities and/or the Sponsors 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.

5. The Winner(s) hereby acknowledge and agree that the relationship between the Winner(s) and STAR is not a confidential, fiduciary, or other special relationship.

6. The Winner(s) hereby agree to be bound by the Contest Terms and/or by any subsequent revisions of the Contest Terms (“ Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Contest Terms.

7. All Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner(s) grant STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

8. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant(s) and/or the Winner(s) hereby irrevocably, perpetually and for the entire world, assign all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

9. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc. are the sole responsibility of the selected Winner(s).

10. By providing any Personal Information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or Personal Information furnished to STAR. If a Participant does not wish to have their information and/or likeness viewed by or disclosed to others, they should not enter the Contest.

11. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,

12. The Winner(s) agree that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.

13. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

14. The Winner(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited.

15. The Participant(s) and/or the Winner(s) shall fully indemnify, defend and hold harmless, STAR its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) wilful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner(s) during the Contest and/or enjoyment of the Prize.

16. The Winners of the Contest agree that they shall make themselves and their plus ones available from time to time and co-operate with STAR and participate in any activity and/or campaign (“ Promotional Activity”) of any nature whatsoever without any money payable to the Winners or their plus ones. Further, the Winners and their plus ones shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winners agree that the footage of any nature (including during the Promotional Activity and during the Concert) with regard to the Winners and their plus ones shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

17. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived their right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.

18. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the courts at Mumbai.

19. Limitations of Liability: By entering the contest, each Participant (which shall include all Winners) 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 star and/or star 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

Amul Mithai Mate MasterChef India Contest

Terms & Conditions

The following rules are the terms and conditions which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the “ Amul Mithai Mate MasterChef India Contest” (hereinafter referred as ‘Contest’) which will be hosted by Star India Private Limited (“STAR India”) on the STAR Microsite, i.e. www. amulmithaimatemasterchefcontest.hotstar.com (“Microsite”) as a part of the promotion and marketing for the telecast of the program titled “MasterChef India Season 6” (“ Program”), telecast on Star Plus and Hotstar (“collectively, Channel”).

These terms and conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. The participation by the Participant(s) in the Contest in the manner as detailed below shall be deemed to be their absolute agreement to (a) these terms and conditions, (b) the Terms of Use applicable to the Microsite, available at http://www.hotstar.com/terms-of-use, and Hotstar Privacy Policy available at https://www.hotstar.com/privacy-policy, (c) STAR India’s Terms of Use available at https://www.startv.com/legal-terms-policies/, the STAR India Privacy Policy available at http://www.startv.com/legal-terms-policies/#wpp and STAR India Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp, ((a), (b) and (c) are hereinafter collectively referred to as “Terms and Conditions”). The Contest shall be governed by these rules stated herein below and all Participant(s) are required herein to unconditionally accept and agree to comply with and abide by the same. The Star India Privacy Policy, STAR India Personal Data Privacy Policy and Hotstar Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the privacy policy and including but not limited to your name, address, mobile phone number and/or any information gathered by STAR under or pursuant to this Contest and in relation to Your participation in the same by STAR India (if any).

By proceeding further, you are representing to STAR India that your participation in the Contest is in compliance with all laws and contracts applicable on you and You are not in any manner prohibited from participating herein under any law or contract.

You are also required to confirm your age and click on the tab ‘ I SUBMIT’ at the end of the page. The failure to accept these Terms and Conditions or confirm your age will disqualify your entry in the Contest.

PART A: PRINCIPLE RULES

1. STAR INDIA shall announce the Contest during the telecast of the Program on the Channel or through such other modes and media as determined by STAR India at its sole discretion.

2. The Contest will commence on January 30, 2020, 06:00 PM Indian Standard Time (IST) and will end on February 23, 2020 at 11:00 PM Indian Standard Time (IST) (“Period”) on the Microsite. STAR India reserves all rights to make amendments to the Period and/or Rules and Regulation and/or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Microsite from time to time. STAR India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant (s). Such decision shall be final and binding on the Participant(s) and the same shall not be dispute and/ or challenged in a court of law.

3. In order to be eligible for participation (“ Eligible Participant(s)”), the Participants must satisfy to the following conditions:

i. It is mandatory that the interested Participant(s) must be a natural person who is a citizen and resident of India.

ii. The participant should have (a) completed the age of eighteen (18) years and (b) not completed the age of seventy-five (75) years, both as of January 1, 2020.

iii. The Participant must be fluent in spoken Hindi.

iv. Participant must neither be an employee nor a relative of any employee of M/s Endemol Shine I.P. B.V., STAR India and/or M/s Gujarat Co-operative Milk Marketing Federation Ltd. or their respective affiliates.

4. To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period:

i. Visit the Microsite at www. amulmithaimatemasterchefcontest.hotstar.com , confirm your age and accept the Terms and Conditions and submit their full name, email id, the name of their city where they reside, etc. as requested on the Microsite in a manner and form, as requested and /or prescribed on the Microsite (“Personal Information”).

ii. Participant(s) shall be required to upload a photo of themselves holding Amul Mithai Mate and the dish prepared by them using Amul Mithai Mate in .jpg / .gif format (“Image”) along with a detailed written recipe in English language (“Recipe”). Image and Recipe are hereinafter collectively referred to as “Post”.

iii. For sake of clarity, it is stated that the Participant is allowed to submit the Post only by way of uploading the Image and the Recipe along with Personal Information via the Microsite. If a Participant uploads two or more Posts, then in such a case only the first Post uploaded by the Participant on the Microsite will be considered as valid by Star and the other Post will automatically be rejected.

iv. It is further clarified that only a valid “ Entry/Entries” is eligible for winning the Prize as stipulated herein below. A valid Entry is the one in which the Post is uploaded on the Microsite along with the requisite Personal Information by an Eligible Participant.

v. For the purpose of this Contest, “receipt” of a Post occurs when the Microsite server records the Post information upon the entrant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Post, the Participant(s) is representing that the Post or contents thereof are original and does not violate any third-party rights. By submitting the Post, the Participant further confirms that contents of the Post are not confidential or comprise any sensitive personal information. For the avoidance of doubt, where the Post is not original and appears to be adapted or copied, then such Post shall not be considered as Entry and the Participant(s) shall not be eligible for the Prize.

5. At the end of the Period, one or more food expert as may be selected by STAR India at its sole discretion (“Panel”) will judge the Entries on the basis of originality, uniqueness, and creativity of the recipe and such other parameters as may be determined by Star India in its sole discretion (“Parameters”) and shortlist one or more of the highest rated Entries eligible to be declared as winner in accordance with the process mentioned hereinbelow (“ Shortlisted Participant”).

6. The Shortlisted Participant(s) will be contacted by STAR India via a video call on a platform or media as determined by STAR India at its sole discretion, during which Shortlisted Participant and shall be required to cook the dish, the recipe of which has been submitted as an Entry while narrating the recipe in the Hindi language. Further, the Shortlisted Participant(s) shall be required to email a copy of a valid Government ID at hello@startv.com as proof of their age, residence and identity (“ Verification Process”).

7. Based on this Verification Process, the Panel will select a Shortlisted Participant, basis the aforementioned Parameters such other parameters as the Panel may decide from time to time, including a parameter of strong screen presence. Such Shortlisted Parameters shall be eligible to win the Prize subject to the provisions of this Paragraph 7 (“ Eligible Winner”). The Eligible Winner shall be informed by STAR India via email and shall be required to execute and/or submit such documentation as may be decided by Star India in its sole discretion to be eligible for the Prize. For sake of clarity, failure to provide such documentation shall amount to disqualification and STAR India shall at its sole discretion select and declare any other Shortlisted Participant as Eligible Winner. Only once such documentation is executed and/or provided to STAR India, the Eligible Winner shall be declared as winner (“Winner”) and not otherwise.

8. The Winner shall be entitled to appear in one MasterClass Episode of the Program during which the Winner will be required to show case the recipe forming part of the Entry, or such other prize as STAR India may describe in its sole discretion (“Prize”). The final decision of the Prize will be at STAR India’s sole discretion and will be intimated to the Winner vide a separate e-mail on the e-mail address provided by the Participants. The Participant/Winner shall in no event dispute the decision made by STAR India or its employees in this regard.

9. For the purposes of Prize, STAR India may in their sole discretion, offer to bear cost of travel and lodging of such Winner on actuals subject to the same falling within the fixed bracket decided by the STAR India at its sole discretion and communicated to the Winner and subject to the Winner providing STAR India with actual receipts/documentation evidencing such expenses. In case for whatever reason, the Winner is not agreeable to travel, stay, etc. in the mode or at the place /hotel/venue allotted /finalized by STAR India at its discretion or bear their expenses towards travel and stay for the same, then STAR India will regretfully consider the entry of such Winner as invalid and the Winner shall be disqualified and Star India shall be entitled to declare any other Shortlisted Participant as the Winner. Star India shall make arrangements of travel and accommodation for the Winner for the day(s) of the shoot of the MasterClass episode. For avoidance of doubt it is clarified that, the above provision of arrangement of travel and accommodation to be made by Star India is applicable only where the Winner resides outside Mumbai and not otherwise. The exact date, time, venue for the shooting for the Prize shall be intimated to the Winner subsequently vide an e-mail to the e-mail address provided by the Participant addressed by Star India to the Winner at the address as provided or shared by the Winner. By agreeing to these Terms and Conditions, the Winner agrees to make himself/ herself available for shoot within 1 (one) day notice.

10. Star India’s decision on all aspects of the shoot including the creative aspects of the shoot and the packaging of the episode shall be final and binding on the Winner and neither the Winner nor any person on behalf of the Winner shall dispute or raise any issues with regards to the same in any manner whatsoever.

11. The Winner shall be announced on the Microsite and /or the Webpage and/or Star Plus social media pages and/or the Channel at the end of the Period, based on STAR India’s discretion. The Participant/Winner consents to the use of information supplied by the Participant/Winner for the purposes as set out in these Terms and Conditions. For avoidance of doubt it is clarified that STAR India’s decision in regard to the selection and declaration of the Winner shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant (s) having made a valid Entry and who are shortlisted and declared as Winner based on the criterion mentioned hereinabove, by Star India at its discretion shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/Winner shall not be entitled to any other form of gratification (monetary or otherwise).

12. Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.

13. The final selection of the Winner shall be made by STAR India and shall be final and binding on the entire Participant (s)/Winner and in no event shall the Participant (s)/Winner dispute the decision made by STAR India or its employees in connection to the Entry/Post and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of STAR India shall be final and binding.

14. The Winner shall unconditionally ensure his/her availability on the date of the shooting. In the event the Winner is unable to travel and/or be available for the shooting on the date/time intimated to them by Star India, for any reasons whatsoever, then Star India shall not be held responsible and shall not be liable to arrange for an alternative date and/or accommodation. In such an event, Star India reserves the right to invalidate the Winner on the said grounds and the Winner shall forfeit his /her rights to the Prize and Star India shall not be in any manner responsible for the same. STAR India shall not be responsible or liable for any incident that may occur to the Winner during the course of the Prize shooting or in the course of the travel before or after the Prize shooting.

15. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Participant(s)/Winner and in no manner whatsoever shall the Channel/ STAR India, be responsible for the same.

16. In the event any of the Shortlisted Participant(s) and/or any judges, and/or producer(s), as the case may be, are unable to attend or appear for the MasterClass Episode of the Program, for any reasons whatsoever, STAR India has the right to at its discretion anytime replace or bring in new Participant(s) and/or any judges, and/or producer(s), as deemed fit and necessary by STAR India.

17. The Participants/Winner shall not in any circumstances make any claims against STAR 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)/Winner’s participation or non-participation in the Contest or any related activity. If the Participant/Winner is found to be ineligible, or if he or she has not complied with any of the Terms and Conditions the corresponding Entries will be disqualified.

18. The Participants/Winner shall at all times comply with the applicable laws and Terms and Conditions.

19. 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 and/or 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 STAR India and/or STAR 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.

20. STAR India reserves the right to disqualify any Participant(s)/Winner from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by STAR India from time to time. STAR India reserves the absolute right and discretion to reject any “Entry/Post” or any part thereof at any stage of the Contest, including after declaring the Winner/, if STAR India:

a. receives any notice or complaint relating to the Entry/Post not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;

b. determines at its sole discretion that the Entry/ Post is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, 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, defense, 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 STAR India in this regard shall be final and binding upon the Participant(s)/Winner.

21. In consideration of the participation in the Contest, Participants/Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Post, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to STAR India. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/Winner) in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to STAR India for use in the entire world in any media and form as STAR India may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to STAR India including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/Winner) waives any so called moral rights in the Entry.

22. Neither STAR India and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and /or and the Winner and /or agree not to hold STAR India and/or the Channel and its employees, responsible with regards thereof.

23. By participating in the Contest, it is construed that the Participant(s)/Winner has read and understood these Principle Rules including the General Rules stated below and has agreed to abide by the same.

 

 

PART B: GENERAL RULES

1. In the event of any fault, misunderstanding or dispute concerning any part of the Contest the decision of STAR India shall be final and binding on all Participants.

2. The entry process is strictly open to Participant(s) who are citizen and resident of India during the Period of the Contest and have (a) completed the age of eighteen (18) years and (b) not completed the age of seventy-five (75) years, both as of January 1, 2020. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.

3. Proof of age, if requested, of the Participant(s) in the Entry must be submitted to STAR India (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) and/or any other documentary proof as may be required by STAR India confirm the eligibility of the Participant(s). STAR India also reserves the right to disqualify a Participant(s)/Winner in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Period.

4. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to the Contest.

5. The Participant(s) must enter the Contest voluntarily on their own behalf, without any compulsion and/or duress and Entry(ies) by proxy will not be accepted.

6. Each Participant(s)/Winner consents to the use of information submitted by the Participants)/Winner including the Entry/Post for the purpose as set out in these Terms and Conditions.

7. The Participant(s) hereby expressly acknowledges that no fees, royalties, residuals, or other consideration will be payable in respect of any broadcast, subsequent rebroadcast or retransmission or any other use by Star India and/or the Producer(s) (or any assignees or licensees) of the Contest or any part thereof in any manner or media now known or hereafter invented.

8. STAR India reserves the right to cancel and/or postpone the Contest without assigning any reasons and/or without giving any prior intimation to the Participant (s).

9. The Winner represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to availing the Prize herein.

10. In case a Participant is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content, or Privacy Policy then STAR India will disqualify the Entry received from that Participant.

11. STAR India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to Microsite, unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving STAR India.

12. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate in the Contest is through participation as described in these Terms and Conditions. Any person claiming that he/she can help You participate in the Contest and/or win any prizes for a consideration is defrauding You.

13. In case of any telecom and /or network failure and /or technical failure /breakdown on the Microsite and /or technical failure in submitting and /or providing the Post(s) for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Microsite and /or the mechanism for submitting the Post(s) and /or cease from accepting Post(s) of the Participants in any manner it may deem fit and necessary. In such events, STAR India shall be entitled to exercise the option of putting the Contest and /or the selection and declaration of Winner in abeyance, as it may deemed fit at its discretion. In addition STAR India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/ fault/ failure in the Microsite mechanism for submitting the Post(s) including without limitation system failure on the Microsite of recording/receiving the Post(s) or default in logging on to the Microsite beyond the end time stated in these Terms and Conditions and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.

14. The Participant(s) agrees to not attempt to gain unauthorized access to servers or networks connected to STAR India’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of STAR India’s services.

15. Participant(s) shall not in any circumstances make any claims against STAR India, Channel, 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 in the network and /or connections or directly or indirectly due to, to their participation or non-participation in Contest. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entries will be disqualified.

16. The Participant(s) will not be levied any charges to participate in the Contest, however, the network provider may levy data and other charges to the Participant, at the applicable rate for using internet connection. It should be verified by the Participant(s) at his/her sole responsibility. In case of participating while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. STAR India shall not be responsible for any such charges incurred by the Participant(s).

17. The Winner shall furnish his/her information including postal address as sought by STAR INDIA through such private message. In the event the telephone/mobile number is engaged, or lines on the route are busy, or it is ringing but there is no response, STAR India shall make maximum two (2) attempts (maximum one attempt per day for two consecutive days). In case any Winner is unavailable on both the attempts, the selection of that Winner shall be invalidated and STAR India shall at its sole discretion may select another Winner, during the Period. For the avoidance of doubt such choice of Winner by STAR India shall be final and binding. STAR India shall not be responsible if the Winner is not available at the telephone numbers, provided by them and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.

18. The Winner 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 or the Contest which is disclosed to the Winner and which is not available to public in general, to any person or media etc. without the consent of STAR India. In case the Winner breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.

19. The Prize 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 it is not necessary that the act of collection of the Prize will be recorded by STAR India or will be incorporated in the Program or find mention in the Program.

20. STAR India will not entertain any requests or claims to verify/audit/challenge the logic of the factors relevant for determining the winner(s).

21. 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 Prize and the same, and if applicable, Winner agrees that the same shall be solely borne by the Winner .

22. STAR India shall not be responsible for any Entries/Post submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

23. STAR India reserves the right to forfeit the Prize in the event it is found by STAR India or STAR India has a reason to believe that any information provided including personal information by the Winner is wrong, fraudulent or any misrepresentation is made by the Winner . STAR India shall have the right to declare another Participant(s) on a random basis on the criterion mentioned herein) as the Winner of the Contest, at its sole discretion and transfer the Prize to that person. Such decision of STAR India shall be final and binding.

24. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid (eg. cancellation/postponement of the event), STAR India shall not be held responsible and/or liable for the same.

25. STAR India makes no representation and/or warranty regarding the Prize other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.

26. The Winner ) shall be solely responsible to avail the Prize at the time of delivery. The Winner ) agrees that he/she shall not hold STAR India and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize or damage during transit or any problem in connection to the Prize .

27. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR India and participate in any activity and/or campaign ("Promotional Activity") of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner from such Promotional Activity and any recording thereof shall vest with STAR India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR India may exploit the same in any manner and in any media whatsoever at any time throughout the world.

28. The Participant/Winner shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR India into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant/Winner ) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Program.

29. By participating in the Contest, Participant(s) represent and warrant that any video-audio posted by the Participant(s) to the micro site, does not infringe another party’s intellectual property rights or any applicable national or local law that may apply. Participants also agree that any video posted will not infringe on any third party right –including copyright, trademark, patent, right of publicity or other intellectual property rights, and will not slander, defame, libel, or invade the right of privacy or publicity of any other person, Participant(s) acknowledges that videos posted by them on microsite may be used by STAR India without requirement or consent, and such content may be used by STAR India including but not limited to review, rating, for promotional purposes or any other purpose deemed fit by STAR India.

30. STAR India shall not be responsible if the Winner is not available at the telephone numbers, provided by them and as a result of which, the Winner loses his/her chance to the Prize and such decision of STAR India shall be final and binding.

31. It is clarified hereby that STAR India shall have a discretionary right to postpone/ cancel/change the details of the Contest and or Prize for reasons of unavoidable circumstances. It is further clarified that such decision of STAR India will be final and binding on all Participants and the Participant shall not dispute the same either himself or through a third party.

32. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest, and /or the Prize and/or the, in any manner whatsoever to the extent permissible under law.

33. All and any incidental costs direct and/or indirect, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall STAR India, be responsible or liable for the same. For the sake of clarity, STAR India shall not be responsible to pay for any taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Prize and the same, if applicable, shall be solely borne by the Winner.

34. For the sake of clarity, if the Winner (s) refuses to accept the Prize awarded within 2(two) days of the intimation of the same from STAR India, STAR India shall be released from all obligations towards the Winner (s) in connection to the Prize won by the Winner. Further, after forfeiting the Prize, STAR India shall be entitled to select and declare another Winner (on a random basis based on the criterion set out hereinabove), as it deems fit, and award the Prize, to that Winner and such decision of STAR INDIA shall be final and binding.

35. 28. STAR India shall in no manner whatsoever be responsible for security of Participant(s)’s/ Winner(s)’ Entry and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

36. Each Participant in consideration of being given opportunity to participate in the Contest , agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, the Channel, STAR 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/Winner, in any manner whatsoever in connection with the Contest, the participation mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/Post and/or any personal information submitted by the Participant/Winner and to the extent permissible under law waives 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 forum in India to claim any damages or reliefs.

37. 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 Participant(s)/Winner in any manner whatsoever, in relation to the Contest.

38. Each Participant in consideration of being given opportunity to participate in the Contest ,agrees to hold harmless and indemnify STAR India, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by STAR India in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest and/or content including any third party rights claims with respect to the material submitted by the Participant(s).

39. Each Participant(s)/Winner hereby acknowledges and agrees that the relationship between the Participant/Winner Winner and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

40. The Participant(s)/Winner Winner acknowledges that in case the performance of this Contest and/or availing the Prize 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 15 (fifteen) days, then STAR India shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner Winner forthwith and such decision shall be final and binding.

41. Participant(s)/Winner Winner 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.

42. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Entry, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

43. The Participant(s)/Winner shall comply with the laws of India.

44. By participating in the Contest, it is construed that the Participant(s)/ Winner(s) has read and understood these Principle Rules including the General Rules stated and has agreed to abide by the same.

45. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the selection of Winner and/or Prize and/or the Contest shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant/Winner who has raised the dispute.

46. Subject to the provision of 45 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 Mumbai, India.

“Star Ai Kelungal” contest

Terms & Conditions

The following are the rules for the “Star Ai Kelungal” contest (the “Contest”) hosted and conducted by Star India Private Limited (“STAR”). The idea behind the Contest is to celebrate the first anniversary of the hashtag segment titled “#StarAiKelungal” on one of Star’s twitter account with the username/handle ‘StarSportsTamil’ and validate the super fans of the hashtag. Any personal information gathered pursuant to this Contest shall be subject to the STAR’s personal data privacy policy and website privacy policy, available at http://www.Startv.com/legal-terms-policies/#pdp and http://www.Startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which is incorporated herein by reference. This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “Terms and Conditions”) as stated hereunder.

[A] Principal Rules

1. The Contest will be conducted from 24th January 2020 to 2 nd February 2020 or such other date(s) as may be decided by STAR at its sole discretion and announced by Star (“ Contest Period”).

2. The Contest aims to celebrate the first anniversary of the hashtag segment titled “#StarAiKelungal” on one of STAR’s twitter accounts with the username ‘StarSportsTamil’ and validate the super fans of the hashtag. The Contest will run in the manner described hereinbelow:

(A) All the participants in the Contest must be citizens of India residing in India during the Contest Period and must be at least 18 (eighteen) years of age with a valid twitter account as on the date of participating in the Contest (the “Participants”); and

(B) STAR shall invite people to participate in the Contest by posting an invite on the twitter account of STAR with username/handle ‘StarSportsTamil’ and/or announcing the Contest on the relevant Star Sports channel. The Contest requires the Participant to tweet questions (one question per tweet) relating to cricket as a sport including the players, various tournaments etc. (“Tweet/Questions”). To be eligible, the Participant must follow Star’s twitter account with the username/handle ‘StarSportsTamil’ and their Tweet must include the hashtag ‘#StarAiKelungal’ (“Eligibility Requirements”). The Contest will run on each calendar day of the Contest Period during each match of the India v New Zealand T20i Series (“Series”); and

(C) the end of the post show of every match of the Series, shall be considered to be the “Daily Closing Time”.

(D) Any Tweet which do not adhere to the Eligibility Requirements shall not be considered valid and shall be deemed to be null and void without requirement of any intimation by STAR; and

(E) From the total pool of valid Tweets received for the Contest from Participants upto the Daily Closing Time of each match, 3 (three) Participants from each match with the best questions in their Tweets shall be selected as the daily winners of the Contest (collectively, the “ Winners”). There will be 15 (fifteen) Winners of the Contest at the end of the Contest Period. The selection of the Winners shall be done by the STAR’s experts (“Experts”).

3. The Winners shall be selected on the basis of the quality of their Questions or such other criteria as the Experts may consider appropriate. The decision of the Experts in selecting the Winners from amongst the Participants shall be final and binding upon all the Participants. The decision of STAR for all other matters relating to the Contest shall be final and binding upon all the Participants.

4. As gratification, STAR shall reach out to each of the 15 (fifteen) Winners of the Contest and award them with a shirt/T-shirt with Star Sports Tamil’s catch phrase printed on it and a signed letter by one of STAR’s engaged talents (the, “Prize(s)”). The Winners shall also be announced by STAR on the non-live/live shows “_______________” on the relevant Star Sports channel as determined by STAR in its sole discretion in January/February 2020. STAR shall have the sole and absolute discretion to decide the specifications of the Prize(s), the talent and the final content and duration of the announcement.

Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other technical/regulatory difficulties of such nature, due to which the announcement of a Winners cannot be broadcasted on the relevant Star Sports channel as per paragraph 4 above.

5. STAR reserves the right to forfeit the Prize(s) in the event STAR has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. STAR shall have the right to declare any of the other Participant(s) as the Winners of the Contest, at its discretion, and to provide the Prize to such other Participants. The Winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any failure or delay in awarding the Prize(s). STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications or the Contest in general.

6. The Winners agree that Prizes cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prizes will be awarded to any of the Winners and they cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prizes cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record any part of the Contest and to telecast the same on STAR’s channels and platforms or to otherwise mention it on its channels and platforms. If any of the Winners refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards such Winners in connection to the Prize or otherwise.

7. All Tweets from the Participants as per paragraph 2(B) above must be received during the period indicated therein. Tweets received before or after the indicated period will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR.

8. STAR and/or its group companies shall not be responsible in the event that any of the Tweets (as per paragraph 2 above) are not viewable by STAR or the Participant(s) is/are unable to participate in the Contest due to any network/connectivity problems, breakdown in machinery or any other technical error of any nature whatsoever. For the purposes of these Terms and Conditions, a Tweet shall be considered “viewable” by STAR only after STAR has opted to view such a Tweet and has successfully viewed such Tweet of the Participant. Any automated confirmation/similar message does not constitute proof of actual viewing by STAR. For the avoidance of doubt, by posting his/her Tweet, the Participant(s) is representing that the Tweet (or contents thereof) are not confidential or comprise any sensitive personal information.

9. STAR reserves the right to change the entry system/mechanism and/or cease accepting Tweets for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion.

10. STAR reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Tweet(s) or any part thereof at any stage of the Contest, including after declaring the Winners, if STAR: (a) receives any notice or complaint relating to the Tweet not being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Tweet inter alia: (i) belongs to another person and in which the Participant does not have any rights; or (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; or (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money-laundering or gambling, or otherwise unlawful in any manner whatever; or (iv) harms minors in any way; or (v) infringes any patent, trademark, copyright or other proprietary rights of third persons; or (vi) violates any law for the time being in force; or (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (viii) impersonates another person; or (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) 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 STAR in this regard shall be final and binding upon the Participant(s).

11. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on all the Participant(s). STAR shall select the Winners in accordance with applicable parameters to be determined solely by the Experts.

12. The Winners will be required to submit necessary supporting documentation to establish their identity/age/residence address etc and their compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR, to be eligible for any gratification. In the event that any Winner fails to furnish such documentation within the timelines indicated by STAR, then his/her selection as a Winner shall stand invalidated. In such a case : (a) STAR and/or its group companies shall not be liable in any manner whatsoever and the Prize shall stand forfeited in respect of that Winner; and (b) STAR may, at its sole discretion, by the prescribed selection criteria, choose other Participant(s) to receive such Prize in place of such person.

 

13. The Participants (including the Winners) agree and consent to the use of their Tweet (s) and/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of the Contest, STAR and/or its group companies and/or any programs/events on any channels/platforms owned or operated by STAR or any of its group companies (the “ Network”). In consideration for the participation in the Contest, the Participants (including the Winners) hereby irrevocably, exclusively, perpetually and for the entire universe assign all right, title and interest in their Tweet(s) including any rights of Exploitation thereof, to STAR, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Tweets and/or any part thereof including along with its cognate forms and grammatical variations, and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in such Tweet(s) or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Tweet(s) and/or any part thereof from one form/format to another and in relation to the Tweet(s) and/or any part thereof, for incorporation in a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Tweet(s) into a film for theatrical Exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, AVOD, NVOD, SVOD, PVOD, FVOD) made available for being seen or heard or delivered or Exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. To the extent that the assignment of all rights, title and interest in the Tweet(s) and/or any part thereof, if any, subsisting in favour of the Participants/Winners, in relation to future medium or mode of exploitation of the Tweet(s) and/or any part thereof is not held valid by operation of law, the Participants/Winners hereby grant an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of their Tweet(s) and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participants (including the Winners) hereby agree that the Participants/Winners shall not assign or in any other manner transfer their Tweet(s), including any part thereof, for such means and modes of Exploitation of their Tweet(s) and/or any part thereof, which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to STAR without offering for assignment such modes or means of Exploitation of the Tweet(s) and/or any part thereof for the entire world and in perpetuity to STAR. The Participants/Winners agree and acknowledge that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of Exploitation of their Tweet(s) and/or any part thereof to any third party in breach of such obligation herein, anywhere in the world, shall be null and void. Further, STAR may Exploit Tweet(s) and/or any part thereof at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 does not apply to the Terms & Conditions. The Participants (including the Winners) agree to waive off their “Moral Rights” with respect to their Tweet(s) and/or any part thereof as required. The Participants (including the Winners) shall do all acts and execute all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR herein.

 

14. The Participants/Winners who create and submit Tweet(s) understand, acknowledge and agree that they are doing so at their own risk. The Participants/Winners are advised to exercise all due caution in the creation and submission of their respective Tweet(s). All Participants/Winners agree and accept that any physical or bodily injuries and/or death and/or loss or damage to person or property, if suffered by Participants/Winners in the course of creation and/or submission of their Tweet(s), shall be the sole and absolute responsibility of the concerned Participants/Winners and STAR (and its affiliates, directors, officers and employees) shall not be responsible or liable for the same in any manner whatsoever.

[B] GENERAL RULES:

1. All Participants must be citizens of India residing within the territorial limits of India during the entire duration of the Contest. The Participants should not have any criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Contest. Proof of age and residence/address, if requested, of the Participants, must be submitted to STAR within timelines as may be required by STAR to confirm the eligibility of the Participant(s).

2. Participants shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the Contest. STAR also reserves the right to disqualify a Participant in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to STAR at any point in time during the duration of the Contest or thereafter.

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. It shall be the sole responsibility of the Participants to check the rules and regulations of the Contest available on the corporate website of the Company. Non-conformance by the Participants to any the Terms and Conditions will make such Participant’s Tweet null and void.

4. The Participants (including the Winners) acknowledge that in case the conduct of the Contest or enjoyment of the Prize cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as regulatory action/direction, war, industrial action, flood, drought or any act of God, then STAR shall not have any liability in this connection.

5. STAR and/or its group companies are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, ailment, death, mental and/or emotional trauma caused to any of the Participants (including the Winners) in any manner whatsoever, in connection to the Contest.

 

6. The Participants (including the Winners) shall hold harmless and indemnify STAR, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suits, actions, proceedings, causes of action, litigation, injury, damage, harm, loss, liability, award, costs or expenses that may arise in connection with any act of the Participants/Winners and/or their Tweet(s) including any third party intellectual property rights claims with respect to the Tweet(s) posted by the Participants to STAR.

7. The Participants (including the Winners) shall not in any circumstances make any claims against STAR or its group companies, 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 (directly or indirectly) affecting the participation or leading to non-participation in the Contest or any related activity by any such Participant(s) or Winner(s). If any Participant and/or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, their corresponding Tweet will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.

8. Employees of and/ or consultants of STAR and/or persons hired on contract by STAR, sponsors, and the members of their immediate family, are ineligible to participate in the Contest.

9. By participating in the Contest, it shall be construed that the Participants (including the Winners) have waived their right to raise any dispute with regard to the Contest and/or the Prizes, in any manner whatsoever, and have understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and have unconditionally accepted and agreed to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Contest (including the Prizes), the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participants and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s) (including the Winners) of the Contest agree that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity"), if applicable, of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances, the Participant(s) (including the Winners) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s) (including the Winners) agree that the footage/ picture/ photographs of the Participant(s), if applicable, used during the course of the Contest or for the purpose of the Contest shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and STAR may exploit the same in any manner and on any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participants (including the Winners) agree and consent to the use of any text and/or information and/or any photograph and/or image and/or audio-visual recording and/or other components of his or her Tweet(s) on any channel/digital platform/social media handles, as STAR may deem fit, for the purpose of promotion of the Contest and/or the Network and/or any channels forming part of the Network and/or any event/program telecasted on the Network.

 

11. These Terms and Conditions shall be construed and governed in accordance with the laws of India and exclusive jurisdiction over all matters arising out of or in relation hereto shall vest with the courts of New Delhi, India.

 

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CONSENT FOR PROCURING PERSONAL INFORMATION

 

In connection with participating in the “StarAiKelungal” contest organized by Star India Private Limited, you hereby provide your consent for collection, storage, use, transfer and retention of your personal information and sensitive personal data or information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time (collectively, “ Personal Information”), which Personal Information is subject to: the Company’s personal data privacy policy and website privacy policy, available at http://www.Startv.com/legal-terms-policies/#pdp and http://www.Startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which you have read and understood. Additionally, you agree to, and understand the terms and conditions set out below:

(a) Your Personal Information (including but not limited to your name, your username, location/city, email ID, phone number and address, the contents of your Tweet) is being collected by Star India Private Limited (“ Company”) pursuant to Terms and Conditions available on the corporate website of the Company, in connection with the contest being organized by the Company called “StarAiKelungal” (“Contest ”) in order to celebrate the first anniversary of the twitter segment “#StarAiKelungal on one of STAR’s twitter accounts with the username/handle “StarSportsTamil” and validate the super fans of the hashtag. You hereby also agree that it is necessary for the Company to collect the Personal Information in connection with your participation in the Contest and for the uses set out below.

(b) Your Personal Information will be collected, retained and used by the Company only for the Contest and for promotional/gratification purposes around the Contest and for no other purpose.

(c) Your Personal Information may be used for the Contest, in various formats and media, including television, digital, social media, print for marketing and promotional activities in respect of the Contest on the Star Sports network.

(d) The Company has informed you of your rights to: (i) review your Personal Information for deficiencies and inaccuracies, and request the Company to amend the Personal Information, to the extent deemed feasible by the Company; and (ii) withdraw the consent provided hereunder. Provided that the Company shall not be liable for any collection, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and amend your Personal Information, the Company shall be entitled to disqualify your Entry and/or participation in the Contest, as deemed fit and necessary by the Company at its sole discretion.

(e) All your Personal Information is true, correct and complete in all respects and in no circumstances, will the Company be liable for either the authenticity of the Personal Information or any inaccuracies or deficiencies in your Personal Information.

(f) The Company has provided me with the option to opt out of providing my Personal Information.

(g) You hereby agree to abide by the Terms and Conditions of the Contest available on the corporate website of the Company.

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CHHAPAAK Movie Contest

Terms & Conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest (as defined below) as detailed herein for participation in the “CHHAPAAK Movie Contest” (“Contest”) and shall be binding oneach participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the rules and regulations, terms, Privacy Policy as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions will disqualify your participation in the Contest.

The Contest shall be governed by the Terms and Conditions, and, by entering the Contest, each Participant acknowledges that he/she has read and understood, and unconditionally agrees to comply with and abide by these Terms and Conditions. The decisions of STAR on all matters relating to the Contest shall be final and binding in all respects.

The Privacy Policy available at the Website at _www.startv.com_shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by STAR (if any).

STAR shall promote the Contest on the channels “Star Plus”, “Star Gold”, “Star Bharat” and “Asianet Middle East” with effect from 10th October, 2019 (“Channel(s)”) and on its Facebook Page at the URL: https://www.facebook.com/STARPlusMiddleEast/ ; https://www.facebook.com/AsianetME (“Facebook Page”) and Instagram handle www.instagram.com/starplusmiddleeast/ (“Instagram Handle”).

The Contest shall commence on 24th December, 2019 at 12:00 AM UAE Time and shall conclude on 4th January 2020, at 12:00 AM UAE (“Contest Period”).

(I) Participants Eligibility

 

To participate in the Contest the Participant(s) must comply with the below:

1. The Participant(s) must be individual citizens/resident of the Territory and of twenty-one (21) years of age or above at the start date of the Contest Period.

2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract

3. The Contest is not open to the employees (permanent or contract) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and affiliated companies (collectively, “ STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and or entities connected with the promotion of the Contest (collectively, “Sponsors”).

4. STAR reserves the right to verify the eligibility of all Participants.

5. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(s) as null and void.

(II) Participation Mechanism:

1. A question related to the movie “CHHAPAAK” (“Movie”) with three options – two incorrect options, one correct option shall appear on the Channel(s) in the form of on-air promo and/or on the Facebook Page and/or Instagram Handle. The question shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and answer the question during Contest Period. To answer the question, Participants send the answer via sms by typing A/B/C to 7871 (“ Entry”).

3. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has submitted his / her entry first with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, the subsequent Entry shall be considered null and void.

4. An Entry will be deemed valid only on completion of the full details requested along with the answer to the question.

5. All the information submitted by the Participant(s) will henceforth be collectively referred to as “Submission”.

6. Any details submitted must be accurate and complete and are subject to proof upon request by STAR.

7. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted.

8. The Entries received before the commencement or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible entries will result in disqualification from entry into the Contest and the receipt of any prize.

9. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in a Submission not being received. Any automated receipt of confirmation does not constitute proof of actual receipt.

10. Only eligible Submissions/Entries received during the Contest Period will be included in the Contest.

11. Submissions should state all the required information asked from the Participant(s). If the same is not complied with, then the Submission will not be considered and will be disqualified.

12. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirm that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.

13. The Participant(s) agrees that the Entry shall be free of any virus/Trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intend to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

14. The Participant(s) represents and warrants that the persons appearing in the Entry are the Participant(s) and his/her relatives alone and are not a group of friends or acquaintances. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Selection Process and Gratification:

1. STAR shall within Fifteen (15) days after the expiry of the Contest Period shortlist one (1) Participant randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR.

 

2. The Winner will be contacted on the phone number through which the Entry was submitted. Such Winner will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the personal information provided by the Participant(s) including but not limited to age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documents) within next 48 (forty-eight) hours of contacting them. Each of the selected Winner(s) shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Winner(s) is unable to furnish the original document(s) to verify the eligibility details, the said Winner(s) shall be disqualified from the Contest, based on the sole discretion of the Company. In the event, Winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

3. The communication to the Winner would be done within thirty (30) days from the end of the Contest Period. In the event such communication to Winner is postponed for whatsoever reasons, STAR will not be held responsible and there shall be no winner announcement done on any public forum or otherwise.

4. STAR shall not be responsible if the Winner are not available at the telephone number provided by them and as a result of which the Winner loses his/her chance to receive the prize.

5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry

6. STAR shall make only one (1) attempt to reach the Winner. In case they do not revert, the selection shall be invalidated and STAR shall not be liable to that Winner in any manner whatsoever.

7. The Winner and his/her plus one shall be required to be fly to Mumbai to meet star /s of the Movie CHHAPAAK on the day and time specified by the Company (“Prize”). For avoidance of doubt it is clarified that the plus one of the Winner shall (i) an individual citizens/resident of the Territory and if below twenty-one (21) years of age at the start date of the Contest Period, i.e. a minor, he/she shall be a dependant upon the Winner and the Winner his natural/legal guardian (ii) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest and (iii) should be legally eligible to enter into a contract and if a minor, the Winner shall as his/her natural/ legal guardian authorized to enter into a contract on behalf of the minor.

8. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract

9. The Winner and his/her plus one shall travel on the dates booked by STAR and such dates are final and not changeable, provided, however that, the dates of travel are subject to change due to any unforeseeable event and STAR reserves the right to choose another date for travel which it shall communicate to the Winner. The cost of flight, lodging, food and beverages of such Winner and his/her plus one shall be borne by the STAR.

10. The Winner and his/her plus one shall be solely responsible for their travel to and from the airports at its sole cost without any recourse to STAR. The Winner shall be responsible for and shall bear any other costs, expenses and charges not specified as being included in the Prize description informed to the Winner from time to time..

11. The Winner and his/her plus one shall hold the valid passports. STAR shall not be liable if the Winner or his/her plus one misses the flight, or cannot obtain the visa, or for any loss/ damage to their person or property caused/incurred during transit. The Winner shall keep STAR indemnified for any loss suffered as a result of the same.

12. STAR has the sole right to select the hotel accommodation and the air career for economy class. If the Winner and his/her plus one upgrades himself/ herself in relation to the flight tickets or the stay, the cost of up-gradation shall be borne solely by them.

13. STAR assumes no responsibility towards the safety of the Winner during the travel or transit period.

14. STAR shall not be responsible for payment towards alcohol, cigarette, laundry, telephone, mini bar etc consumed by the Winner.

15. The Winner shall make a declaration as to his physical and mental fitness to travel and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.

16. All ancillary costs associated with including visa charges, expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the Winner and his/her plus one.

17. If the selected Winner are unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

 

18. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.

 

19. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

 

20. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.

 

21. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.

 

22. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner the shall stand disqualified without any liability to STAR.

 

23. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.

(IV) Additional Terms:

1. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) check the Terms and Conditions of the Contest on the website of STAR i.e. www.startv.com

2. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors 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.

4. The Winner hereby acknowledge and agree that the relationship between the Winner and STAR is not a confidential, fiduciary, or other special relationship.

5. The Winner hereby agree to be bound by the Terms and Conditions and/or by any subsequent revisions of the Terms and Conditions (“ Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Terms.

6. All Submissions and/or Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner grants STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

7. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant and/or the Winner hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

8. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the selected Winner.

9. By providing any personal information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have his/her information and/or likeness viewed by or disclosed to others, he/she should not enter the Contest.

10. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,

11. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.

12. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

13. The Winner shall do any and all acts and execute any and all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited.

14. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, STAR its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner during the Contest and/or enjoyment of the Prize.

15. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

16. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.

17. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai.

Limitations of Liability: By entering the contest, each Participant 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 star and/or star 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

Dance +5 Voting Rules

MISSED CALL VOTING RULES

These rules for voting (“Voting Rules”) uploaded on https://www.startv.com/legal-terms-policies/#d5v (“Website”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Final Contestants (defined below) in respect of the program titled “DANCE+5” (“Program”) broadcast by Star India Private Limited (“STAR INDIA/Company”) on the channel STAR Plus (SD and HD) (“Channel”).

You hereby agree and understand that STAR INDIA will have access to and collect information and data shared by You including your Personal Information (defined below) submitted by You during the course of voting. By voting, You consent to the collection, receipt, storage, processing, disclosure, transfer, use, retention and sharing of the Personal Information by STAR INDIA, its affiliates, and designated third parties in accordance with the terms of STAR INDIA’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”). By voting in accordance with the Missed Call Voting Mechanism as detailed in Clause 5 below, You have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Voting Rules and to the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Voting Rules and the Privacy Policy, please do not proceed to vote. The decision of STAR INDIA for all matters relating to your voting shall be final and binding in all respects. The Missed Call Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein below.

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to voting by the Viewer(s) gathered hereunder or pursuant to this voting process by STAR INDIA (if any) (“Personal Information”). The Missed Call Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.

All Capitalized terms herein shall have the meaning ascribed to them in the Terms and Conditions applicable to the Program, available at https://www.startv.com/legal-terms-policies/#d5 .

I. PRINCIPAL RULES

The following are the Principal Rules for the Missed Call Voting Mechanism (defined below) for the Program on the Channel conducted by STAR INDIA:

1. The Program is a dance based reality program wherein contestants between the ages of 5 (five) years and 55 (fifty-five) years (“Contestants”), who are citizens and residents of the Territory individually or as part of a Group comprising 2 (two) or more individuals compete against each other by voluntarily participating in and /or being part of various selection processes, auditions or levels of selection as per the format of the Program.

2. On the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as determined by the Company in its sole discretion. Remo Dsouza who is the Super judge (“Super Judge”) on the Program, shall award scores to each Contestant per week. The scores awarded by Remo Dsouza were considered for the selection and shortlisting of the final top 10 (ten) Contestants or as decided by the Company (“Final Contestants”). These Final Contestants, shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”).

3. It is clarified that the Final Rounds of the Program shall tentatively commence from January 13, 2020 onwards and will continue till February 16, 2020, or such other dates, as may be decided by the Company from time to time, in its sole discretion. (“Voting Period”)The Voting for the Final Rounds shall be conducted via: (i) votes cast by Viewers via missed call, in the manner described under these Voting Rules (“Missed Call Voting Mechanism”); and (ii) votes cast via the mechanism available on the www.hotstar.com (“Platform Voting Mechanism”). The terms and conditions applicable to Platform Voting are available on https://www.startv.com/legal-terms-policies/#d5v. The Missed Call Voting Mechanism and the Platform Voting Mechanism are collectively referred to as “Voting Mechanism”.

4. The Missed Call Voting Mechanism (as detailed in clause 5) will commence and close for the episodes of the Final Rounds of the Program, as detailed hereinbelow, in the Territory (“Period”). During the Voting Period, Viewers or Voters can vote for their favorite Final Contestant(s), if they like the performance of any particular Final Contestant and/or all Contestants.

5. The Missed Call Mechanism is as provided below (“Missed Call Voting Mechanism”):

Week

No. of Final Rounds

Airing day and date of the Episode

No of Performance(s)

Shortlisting Episode or not

Remaining Contestants competing for a spot in the Pre-Finale

Number of contestants shortlisted for Pre- Finale

Start Time of Missed Call Voting

End Time of Missed Call Voting

Week 11

LEGEND WEEK 1

Episodes 21 & 22

Saturday (18.01.2020)


Sunday (19.01.2020)

Saturday: Top 10 Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

No

10

NA

8:00 PM on Saturday (18.01.2019)

9:00 AM Monday (20.01.2019)

Week 12

LEGEND WEEK 2

Episodes 23 & 24

Saturday (25.01.2020)

Sunday (26.01.2020)

Saturday: Top 10 Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

No

10

NA

8:00 PM on Saturday (25.01.2020)

9:00 AM Monday (27.01.2020)

Week 13

LEGEND WEEK 3

Episodes 25 & 26

Saturday (01.02.2020)


Sunday (02.02.2020)

Saturday: Top 10 Final Contestants perform individually.

Sunday: Dance Battles between Final Contestants

No

10

NA

8:00 PM on Saturday (01.02.2020)

9:00 AM Monday (03.02.2020)

Week 14

Episodes 27 & 28

Saturday (08.02.2020)


Sunday (09.02.2020)

Saturday: All Final Contestants perform individually.

Sunday Dance Battles between Final Contestants

Yes

8

2

8:00 PM on Saturday (08.02.2020)

9:00 AM Monday (10.02.2020)

Week 15

Episodes 29 & 30

Saturday (15.02.2020)

Sunday (16.02.2020)

Saturday: Individual performances of Top 4 Contestants

Sunday: Dance Battles between Final Contestants

Yes

0

2 (+ 2 from Week 14) (“Top 4” or as decided by the Company)

8: 00 PM on Sunday (16.02.2020)

Note: No voting on Saturday

9:00 AM on Friday (21.02.2020)

Week 16

Episode 31

Saturday

(22.02.2020)

All Contestants will perform.

Yes

NA

1 Winner of the Program, selected from Top 4

No Voting

No Voting

Note: TBA- “To Be Announced”

6. To vote during the Voting Period, the Viewers, shall through their landlines/mobile numbers dial the unique number of the Final Contestants (s) for who they want to cast their vote and give them a missed call (“Missed Call Vote”). The unique number for each of the Final Contestant (s) shall be as follows:

Sr.No.

NAME

VOTING NUMBER

1.

Sanchita-Subrata

1800-120-888801

2.

Tron Brothers

1800-120-888802

3.

The Ace

1800-120-888803

4.

Monark

1800-120-888804

5.

Candybots

1800-120-888805

6.

Janam

1800-120-888806

7.

Rupesh Bane

1800-120-888807

8.

Deepika Rupesh

1800-120-888808

9.

Nritya Kala Kendra

1800-120-888809

10.

Bhim

1800-120-888810

(i) The Missed Call Vote(s) of the Viewers shall be deemed to be received when subsequent to the Viewer giving a missed call, when he/she will hear recorded message acknowledging the Missed Call Vote(s). Once the Viewer has called a specific toll-free number associated with one Final Contestant 10 (ten) times (as detailed in Para (iii) below), a recorded message will inform them that the voting limit has been reached, post which the Viewer shall not be able to cast any more Missed Call Vote(s) for that Final Contestant.

(ii) It is clarified that during the Voting Period, each Viewer can cast a maximum of 10 Missed Call Vote(s) per particular Final Contestant from a single phone number which may be a landline number or a mobile number. However:

a. Viewer(s) shall be free to vote for multiple Final Contestants by way of a maximum of 10 Missed Call Votes per Final Contestant, during the Period, through a single landline /mobile number.

b. Viewers may be permitted to cast votes for any or all of the Final Contestants, through the Platform Voting mechanism, subject to the Platform Voting Terms and Conditions.

(iii) In the event that any Viewer casts his /her multiple Missed Call Vote(s) (exceeding 10 Missed Call Vote(s) per Final Contestant) for the same Final Contestant through the same landline /mobile number, then only the first ten Missed Call Vote(s) cast through such missed call for that particular Final Contestant shall be taken into account and not the subsequent ones.

(iv) Missed Call Vote(s) sent after the Voting Period will not be considered and shall be deemed null and void without requirement of any further intimation by STAR INDIA to the Viewer(s). The voting for those Final Contestants who have secured their positions in the Top 4 shall be closed after their selection and the Viewers shall not cast any more votes for them.

(v) The Super Judge of the Program shall be free and entitled to award scores to the Final Contestant(s) in each episode of the Final Rounds of the Program. Scores for each Final Contestant for each Final Round shall be calculated, at the discretion of STAR INDIA, as follows: (i) 50% of the score for each Final Contestant shall be attributed to votes received through the Voting Mechanisms; plus (ii) 50% of the score shall be attributed to the votes/ scores provided by the Super Judge (weighted average method), in respect of each Final Contestant.

(vi) Except for the Shortlisting Episodes, the highest scoring Final Contestants may or may not be announced in the episode following the Voting Period for each Final Round or such date as may be decided by Star India in its discretion. Notwithstanding anything contained herein, during any or all of the Final Rounds, in the discretion of STAR INDIA, the Super Judge may be granted the right to have an overriding vote in respect of any or all of the Final Contestants, which shall override the public votes. This right may be exercised without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules from time to time. “Shortlisting Episodes” shall mean such episodes in which the Top 4 are selected, as set out in the table at Paragraph 5 below.

(vii) In each episode subsequent to each of the Shortlisting Episodes, the top-rated Final Contestants (basis the scoring mechanism set out at Paragraph 6 (v) above) shall be selected as Top 4 for competing in subsequent Final Rounds of the Program, till the Winner of the Program is announced in the Final Episode.

(viii) In addition to the Votes garnered from the Viewer(s) for their favorite Contestant(s) by the Voting Mechanism, STAR INDIA may allow parallel voting facility for the Contestant(s) to the members of the public via any voting platform(s) during a period as deemed fit by STAR INDIA at its sole discretion.

7. However, for avoidance of doubt it is clarified that the Judges and /or any celebrities appearing on the Program shall be free and entitled to judge the performance of the Final Contestant(s) in each episode of the Final Rounds of the Program, express their views and /or comments on the performances of the Final Contestant(s) or award them in any manner deemed fit by them and STAR INDIA at their discretion, without any objection from any person and the Viewer(s) shall not in any manner be entitled to dispute or challenge the same.

8. The award (if any) given by the Judges and /or any celebrities appearing on the Program are at their discretion and shall be final and binding on the Final Contestants.

9. In the event of a tie between any of the Final Contestants during the Final Rounds the Super Judge shall have a casting vote.

10. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, Final Rounds and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time. It is further clarified that in case of final scores (i.e., Votes received as per the Voting Mechanism) being tied for two (2) or more Final Contestant(s), the decision of Super Judge shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in any manner whatsoever.

11. The Voting Mechanism will be announced during the telecast of the Program on the Channel and/or on the Website.

12. The Viewers can cast their Missed Call Vote(s) for only those Final Contestant (s) of the Program who have competed in that episode of Final Round of the Program. Any Missed Call Vote(s) sent by the Viewers for the Final Contestant(s) who have not competed in that particular episode due to ineligibility for Missed Call Vote(s) through the Missed Call Voting Mechanism or is shortlisted as a finalist based on the last week’s Missed Call Votes or for any other reason whatsoever shall not be considered and shall be null and void.

13. Voting is merely to enable the Viewers to choose their favorite Final Contestant (s) or to provide Missed Call Vote (s) for the performance of a particular Final Contestant (s) that they have liked or appreciated. No winners will be declared and/or prizes distributed for the Viewers. Viewers are not entitled to make any claims in respect of this against the Channel, STAR INDIA and /or the Program.

14. The selection of the Final Contestant (s) and/or selection of the Top 4 finalists and/or declaration of the Winner and/or the decisions made by STAR INDIA and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same.

15. In the event any of the Final Contestant(s) and/or the Judges and/or any celebrities, host(s) or performer(s), as the case may be, are unable to perform, attend or appear on the Program, for any reasons whatsoever, STAR INDIA has the right to at its discretion anytime replace or bring in new Final Contestant(s), celebrities, mentors, hosts or performers, as deemed fit and necessary by STAR INDIA.

16. The selection of the Final Contestants by the Judges and /or any celebrities appearing on the Program and /or STAR INDIA, exercise of veto power by the Judges and /or any celebrities appearing on the Program, declaration of Missed Call Vote (s), and/or any decisions made by STAR INDIA and/or the Judges and /or any celebrities appearing on the Program, selection and declaration of the Winner shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, the Judges /or any celebrities appearing on the Program, Channel and/or its employees in connection to the same.

18. 17. STAR INDIA and/or the judges shall be entitled to, at its discretion, any time in the Program, to re-introduce the eliminated contestants and/or re-introduce fresh individuals/contestants during any stage of the Program. The Votes cast for the Final Contestants through the Voting Mechanism to the Final Contestants and the judging of the Final Contestants based on the same are binding on the Viewers and in no event shall the Viewers dispute the same.

19. In the event any of the Final Contestants who have qualified for the Final Rounds are unable to perform and /or appear in any of the Final Rounds, for any reason whatsoever, then STAR INDIA reserves the right to replace such Final Contestant with a subsequent Final Contestant, who was eliminated previously in the Final Rounds or any other contestant who was shortlisted and /or eliminated previously in the Program and such decision of STAR INDIA and/or Channel shall be final and binding on all including the Viewer(s) and Viewer(s) undertake to not dispute the same.

20. During each Final Round, the Super Judge shall, basis the scores he has awarded to Final Contestants, nominate such number of top-scoring Final Contestants (tentatively 4 (four) Final Contestants) to compete against each other in a dance battle (“Dance Battle”). The nominations of Final Contestant(s) who shall compete in the Dance Battle(s) shall be the top scorers for the week. If the top scorers in descending order are greater than 4 (four), the decision of the Super Judge shall be entitled to a casting vote, for all matters relating to the nomination for Dance Battle shall be final and binding on the on all Contestants and the Judges. The decision of Super Judge for all other matters shall be binding on all Contestants and Judges.

II. General Rules

1. The viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of the Territory (“Viewers/ Voters”). The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.

2. Proof of age, if requested, of the Viewer(s) must be submitted to STAR INDIA as may be required by STAR INDIA to confirm the eligibility of the Viewer(s).

3. STAR INDIA reserves all rights to make amendments to the existing Voting Rules or withdraw, change, alter, amend the Voting Mechanism, process of selection of Top 4 (four) Final Contestants, Winner, Voting Rules, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules and Privacy Policy, from time to time.

4. STAR INDIA reserves the right to cancel and/or reschedule the Program and /or the Final Rounds and/or extend or alter the Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in any manner whatsoever by the Viewer(s).

5. Viewer(s) agree, understand and acknowledge that there is no prize/gratification for voting in the Voting Mechanism and casting of Missed Call Vote (s) for the Final Contestant(s) as detailed herein.

6. The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to STAR INDIA or the Channel.

7. In case a Viewer(s) is found to be in non-conformance of the Voting Rules, then STAR INDIA will be entitled to at its sole discretion disqualify the Missed Call Vote(s) received from that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible by law, the same shall not be disputed or challenged.

8. 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, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of the missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR INDIA.

9. In case of any telecom and /or network failure and /or technical failure in giving missed calls and /or having an internet session and /or logging on to the official website of the Program and/or for any reasons whatsoever, STAR INDIA reserves the right to at its sole discretion to change/amend the Voting Mechanism and /or cease from accepting Missed Call Vote(s) of the Viewers during the Period for the episodes of the Final Rounds of the Program, in any manner it may deem fit and necessary. In addition STAR INDIA shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Voting Mechanism including without limitation voting system/failure in the mechanism of recording missed calls due to any reason whatsoever including technical disruption/phone lines being open /close /default in internet lines /connection or a default in playing the audio message to the Viewer upon casting of Missed Call Vote(s) / close or default / failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Missed Call Vote(s) / failure to logging on automatic acceptance of Missed Call Vote(s) stated in these Voting Rules and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.

10. To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against STAR INDIA, Judges and /or any celebrities appearing the Program, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, accidents, deaths, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their voting. If the Viewer(s) is found to be ineligible, or if they have not complied with these Voting Rules, the corresponding entries will be disqualified.

11. By casting their Missed Call Vote(s), each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner of the Program, Missed Call Vote(s), 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 Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or STAR INDIA affiliates 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.

12. STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Missed Call Vote(s), agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, the Judges and /or any celebrities appearing on the Program, STAR 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 Viewer, in any manner whatsoever in connection with the Voting Mechanism, Missed Call Vote(s) and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives 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 forum in India to claim any damages or reliefs.

13. STAR INDIA reserves the right to disqualify votes or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting. STAR INDIA has the right to substitute an alternative voting method at its absolute discretion.

14. Viewer(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.

15. Viewer(s) agrees to not attempt to gain unauthorized access to servers or networks connected to STAR INDIA’s services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of STAR INDIA’s services.

16. STAR INDIA reserves the right to suspend any Final Contestant(s) and/or the Judges and/or any celebrities, host(s) or performer(s), in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which may tantamount to general misconduct.

17. All Viewer(s) are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting vote.

18. Standard calling rates may or may not be applicable for Viewer(s) to participate in the voting process through missed call. It will be Viewer’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of casting vote while roaming in different circle/zone, additional roaming rates may be applicable. STAR INDIA shall not be responsible for any such charges incurred by the Viewer.

19. STAR INDIA will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules.

20. Other third party websites may provide information related to the Voting Mechanism, timelines or any other information which may be relevant to the Program, however, the content on such websites is not subject to the control of STAR INDIA, their owners may be independent from us and STAR INDIA does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewer(s) basis such information.

21. While all attempts will be made to protect the Missed Call data received from loss and/or corruption, Viewer(s) agree and acknowledge that all system are prone to failure and hacking attempts. In the event of any data loss, STAR INDIA shall make reasonable endeavors and may disqualify all the votes received or conduct a re-contest or continue with whatever data available in the manner it deems is fit. STAR INDIA shall not be responsible for any damage resulting from the loss of data or action taken by STAR INDIA on account of the same. STAR INDIA will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss.

22. STAR INDIA shall be responsible for ensuring that the entire Voting Mechanism shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws of India. For this specific purpose STAR INDIA, will at its sole discretion, appoint independent audit firms /companies/auditors (as the case may be) to audit the entire Voting Mechanism during the telecast of the Program and keep updated records of the same. Such auditors and /or their representatives shall also remain present on the sets of the Program. Employees of and/or consultants of and/or persons hired on contract by STAR INDIA and the sponsors of the Program, if any, and the members of their immediate family are ineligible for voting for the Program.

23. It shall be the sole responsibility of the Viewer(s) to familiarize themselves with the Terms & Conditions, including amendments thereof from time to time. STAR INDIA reserves the right at its sole discretion to (i) cancel and/or postpone the Program without any prior intimation to the Viewer(s); (ii) make amendments to the existing Terms & Conditions and/or Program and/or Voting Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Viewer(s); (iii) extend or curtail the Program and/or Voting Period and /or or suspend or abandon the same at any time, without any notification(s) to the Viewer(s), the Viewer(s) and shall have no objection to the same whatsoever, nor shall the Viewer(s) make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates, revisions, curtailments, extensions, in the Terms and Conditions, and/or, any abandonment or termination or postponement of the Content, and abide by the same without any recourse to Company, its authorized representatives, and each of their employees, for any reason whatsoever.

24. Viewer(s) hereby represent and warrant that Viewer(s) is not under any disability, restriction, or any kind of prohibition, which shall prevent Viewer from performing or adhering to any of the Terms and Conditions herein and have not entered into and shall not enter into any agreement that may violate the Terms and Conditions herein

25. Viewer(s) agree and acknowledge that nothing contained in these Terms and Conditions will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Voting Mechanism, Program whatsoever from STAR INDIA in Viewer’s favour. The Terms and Conditions shall be available on the Website to ensure that no Viewer is misled and understands the entire process and the other terms and conditions mentioned herein prior to participating in the voting process.

26. Viewer(s) agree and irrevocably acknowledge that STAR INDIA shall have the sole and exclusive right including but not limited to intellectual property rights (copyrights and trademarks) and other proprietary rights in and to the format of the Program, Voting Mechanism and all its components whatsoever.

27. Viewer(s) undertake that the Viewer(s) shall not violate the rights of any third party including but not limited to privacy rights, copyrights, trademark or any other intellectual rights; shall not upload, store, collect, transmit or cause the upload, storage, collection, transmission, of any information through the Website which violates any applicable laws, including, inter alia, belonging to another person; or is harmful, harassing, blasphemous, defamatory, obscene, invasive of other’s privacy, pedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, harms minors in any way, violates any law for the time being in force.

28. Viewer(s) agree that Viewer(s) shall not indulge in any kind of activities like spamming or either directly or indirectly, reverse engineer, decompile or disassemble, make any enhancements, modifications, customizations, changes, additions, translations, deceive or mislead about the origin of such messages which is grossly offensive or menacing in nature, or allow any kind of unfair practices such as multiple votes and affect the transparency of voting, Star reserves the right to take appropriate action including criminal action in such an event.

29. Star shall not be responsible for any errors or omissions in the terms and conditions contained herein. All information provided is provided “As is” without warranty of any kind. STAR makes no representations and disclaims all express, implied, and statutory warranties of any kind to the Viewer(s) and/or any third party including, without limitation, warranties as to accuracy, timelines, completeness, merchantability, or fitness for any particular purpose.

30. By the act of voting, the Viewer(s) have read understood, accepted and agree to abide with all the rules and regulations of voting as set out herein and are unconditionally bound by the Privacy Policy.

31. By the act of voting, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Program, in any manner whatsoever to the extent permissible under law.

32. Each Viewer(s) hereby acknowledges and agrees that the relationship between the Viewer(s) and STAR India and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

33. Viewer(s) acknowledges that in case any portion/clause of these Voting Rules 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 Voting Rules shall be valid and binding and of like effect as though such provision was not included herein.

34. Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Missed Call Vote(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 Voting Rules and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR INDIA shall be at liberty and upon their sole discretion to terminate any such Missed Call Vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).

35. The Viewer(s) shall comply with the laws of India.

36. 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 Viewer(s) and STAR INDIA in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Viewer(s) and STAR INDIA, in this connection.

37. These Voting Rules shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Voting Mechanism and/or the Program shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Viewer who has raised the dispute.

38. Subject to the provision of 18 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 Mumbai, India.

PLEASE SCROLL BELOW FOR TERMS AND CONDITIONS FOR PLATFORM VOTING ON HOTSTAR

HOTSTAR VOTING RULES

These rules for voting (“Voting Rules”) uploaded on https://www.startv.com/legal-terms-policies/#d5v (“Website”) and the Hotstar application (“App”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Final Contestants (defined below) in respect of the program titled “DANCE+5” (“Program”) broadcast by Star India Private Limited (“STAR INDIA/Company”) on the channel STAR Plus (SD and HD) and streamed on the OTT audio-visual platform owned and operated by Novi Digital Entertainment Private Limited (“Novi”) currently known as ‘Hotstar’ (together, the “Channel”).

You also agree that the Hotstar Terms of Use available at http://www.hotstar.com/terms-of-use shall apply in relation to your registration, participation and/or use of the hotstar mobile app available at www.hotstar.com. Any information gathered through this Terms and Conditions shall be subject to STAR INDIA’s Privacy Policy (as defined below) incorporated herein by reference. STAR INDIA and Novi will have access to and collect information and data shared by You including Your personal information such as email address, mobile number and/or any information in relation to the participation of the Viewer(s) in the Voting Mechanism (as defined below) gathered under or pursuant to this voting process by STAR INDIA and Novi (if any) (“Data”). By clicking on ‘I ACCEPT’ of the checkbox available at the webpage http://hotstar.com/terms-of-use-voice appearing on the hotstar app on the mobile phone (“Website”), You consent to the collection, storage, disclosure, processing, transfer of and sharing of the Data (as defined below) by STAR India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp , the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp and the privacy policy available at https://www.hotstar.com/privacy-policy (collectively the “Privacy Policy”).

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to voting by the Viewer(s) gathered hereunder or pursuant to this voting process by STAR INDIA (if any) (“Personal Information”). The Platform Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.

All Capitalized terms herein shall have the meaning ascribed to them in the Terms and Conditions applicable to the Program, available at https://www.startv.com/legal-terms-policies/#d5 .

III. PRINCIPAL RULES

The following are the Principal Rules for the Platform Voting Mechanism (defined below) for the Program on the Channel conducted by STAR INDIA:

1. The Program is a dance based reality program wherein contestants between the ages of 5 (five) years and 55 (fifty-five) years (“Contestants”), who are citizens and residents of the Territory individually or as part of a Group comprising 2 (two) or more individuals compete against each other by voluntarily participating in and /or being part of various selection processes, auditions or levels of selection as per the format of the Program.

2. On the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as determined by the Company in its sole discretion. Remo Dsouza who is the Super judge (“Super Judge”) on the Program, shall award scores to each Contestant per week. The scores awarded by Remo Dsouza were considered for the selection and shortlisting of the final top 10 (ten) Contestants or as decided by the Company (“Final Contestants”). These Final Contestants, shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”).

3. It is clarified that the Final Rounds of the Program shall tentatively commence from January 13, 2020 onwards and will continue till February 16, 2020, or such other dates, as may be decided by the Company from time to time, in its sole discretion. (“Voting Period”). The Voting for the Final Rounds shall be conducted via: (i) votes cast by Viewers via missed call, in the manner described under these Voting Rules (“Missed Call Voting Mechanism”); and (ii) votes cast via the mechanism available on the www.hotstar.com (“Platform Voting Mechanism”). The terms and conditions applicable to Platform Voting are available on https://www.startv.com/legal-terms-policies/#d5v. The Missed Call Voting Mechanism and the Platform Voting Mechanism are collectively referred to as “Voting Mechanism”.

4. The Platform Voting Mechanism (as detailed in clause 5) will commence and close for the episodes of the Final Rounds of the Program, as detailed hereinbelow, in the Territory (“Period”). During the Voting Period, Viewers or Voters can vote for their favorite Final Contestant(s), if they like the performance of any particular Final Contestant and/or all Contestants.

5. The Platform Voting Mechanism is as provided below:

A Viewer interested to cast his/her vote, by using Platform Voting Mechanism, will be subject to the terms and conditions and mechanism set out herein:

a) Viewers who have registered accounts may download and login to their account on the App Viewers can log in through their Hotstar account on the updated App; or (ii) by creating a new valid email ID by entering the mandatory fields as may be required on the App. The App is operated by Novi.

b) The Dance+5 page on the App, as applicable, will list the names of the Final Contestant(s) eligible for votes in the voting period along with the pictures of the Final Contestant(s).

c) To cast their vote, the Viewer may click on the name/picture of a particular Final Contestant(s). Each Viewer may cast a maximum of 10 (ten) Votes per phone number per day of per Voting Period as specified in the table below. It is clarified that each Viewer will have 30 votes each week to distribute among his/her favorite Final Contestant(s). After a Viewer has completed his/her 10 (ten) votes, a message will be displayed by the App stating that the voting is complete and the Viewer can only vote again in the next day of the Voting Period. The votes sent after the first 10 (ten) Votes by a Viewer shall not be counted and will be considered null and void.

       

Hotstar

Voting start time

Voting end time

No. of votes per Voting Period per login

Saturday

08:00 PM

Monday