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

Suvarna Superstar | "Fan Week” contest | Vijay Music - #MakkalsManathil | Bigg Boss Tamil Voting | Kanna Paatu Paada Aasaya | Happy Birth Day Makkals | Enga Pullainga Ellam Bayangaram | UTSAVER SERA STAR AWARD | SUPER SINGER- SEASON-8 | Jalsha Jackpot | Super Singer - Popular Choice | Participation in Community Creation | "MyBiggBossEye” Contest | Ask Me Anything Contest 2020 | Privacy Policy | Bigg Boss- Telugu -Season 4 | Direct Mailers to Prospective Customers | Ask Emelia, Laura and Callum Anything Contest | Rannabanna Episodic (Contest) | ‘#HIYAAN TOP FAN CONTEST | Dil Bechara – Favourite Sushant Memory Post | Star Quiz Challenge 2020 – Online game | Privacy policy – Star Quiz Challenge 2020 Online game | Virtual Audience Engagement in Super Singer | Superstar Paribaar | Lion King Activity | Newsletter Mailers to Prospective Customers | SS Tamil Cricket Quiz | 'Hero Fan Moment - Raise Your Game’ Contest | Biggest Star Fan Content 2020| 'Mera Saarthi' Activity | Khudeder Rannabanna Viewer Engagement Program | Your Toy Story | SUPER SINGER JUNIORS | Rannabanna | “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

Suvarna Superstar

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Asianet Star Communications Pvt 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 “SUVARNA SUPERSTAR” (“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 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 Company (hereinafter collectively referred to as “Channel”).

By proceeding further You 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 and their respective family (jointly and severally) voluntarily participating in the Auditions. Company will have access to and collect information and data shared by the Participant including but not limited to Participant’s , their respective family members and/or any minor personal information as part of the family of the Participant for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant hereby jointly and severally consents on behalf of herself and her family – members including minors participating as part of the Family to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by Company, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdp (collectively the “Privacy Policy”).

Notwithstanding anything to the contrary, each Participant , shall be eligible to participate in the Auditions only if the woman is 18 years old or above. By participating in the Auditions, it is deemed that the Participant 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 absolute acceptance on his/ her behalf as well as on behalf of his . her family members participating in the Auditions and /or Program to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of Company as prescribed from time to time .If the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, the Participant should 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

“Digital Auditions” means different levels comprising of Level 1, Level 2 and Level 3 of the selection process of the Auditions as detailed hereunder and any additional levels as may be incorporated thereinafter by the Company in the process of the Auditions at any point of time at its discretion, to be conducted inter alia in the manner as set out hereunder, which the Participant(s) is required to qualify for further Levels, if any and qualify for participating in the Program.

“On Ground Audition(s)” shall if applicable, means different levels comprising of Level 3 of selection process of Auditions as detailed hereunder and any additional levels as may be incorporated thereinafter by the Company in the selection process of the Auditions at any point of time at its discretion, to be conducted inter alia at the Audition Center(s), which the Participant(s) is required to qualify and pass for participating in the Program.

“Audition(s) ” shall mean jointly and/or severally the Digital Auditions and/or On Ground Auditions and different Levels of selection process to be conducted inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify to participate in further Levels for participating in the Program

“Digital Audition(s) Period” shall mean the period commencing from November 1, 2020 and continues till tentatively February 28, 2021 for different levels of auditions or such other date stipulated and/or updated by the Company and/or Production House at its sole discretion on the website suvarna.startv.com (“Website”/ “Platform”) . The participant are required to check the Website from time to time to ascertain the changes/alterations in the process. The Digital Auditions Period can be extended or reduced by the Company and/or Production House at its sole discretion from time to time.

“On Ground Audition(s) Period” shall, if applicable, mean on such dates fixed & announced by the Company and/or Production House at its sole discretion through the Website and/or any other medium, which is required to be checked by the Participant(s) from time to time. The period can be extended or reduced by the Company at its sole discretion from time to time.

Audition Centre(s)” shall if applicable mean any locations in Bangalore where the Participant(s) need to make themselves available for further levels of Auditions at the sole discretion of the Company and /or as per the communications issued by the Company and /or available on the Website from time to time

Company ” means Asianet Star Communications Pvt Ltd

Contestant(s)/Participant(s)” shall means all participants where the woman is at least 18 years old or above as on November 1, 2020 and should not be above 80 years for the purposes of the Auditions. All participants including the Participant and her family members have to be Indian citizens and residents of India in order to be eligible to participate 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 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 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, 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/or 3, 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.

Program” means the Show(s) which shall be tentatively titled “SUVARNA SUPERSTAR”.

“Production House” means Gnapika Entertainments Pvt ltd

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

Show Player(s)” means the final selected Contestant(s) who are selected through the process of the Audition(s) as enumerated below to participate in the Program.

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. Eligibility criteria for Participants:

(a) Participants who are between 18 (eighteen ) completed years and 80(Eighty )years i.e. 18 (Eighteen) years or above and 80 (Eighty)years or below as on November 1, 2020.

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

(c) Such other criteria provided under these Terms & Conditions

2. The Auditions are an integral part of the Program. The Digital Auditions will be conducted on Website during the Digital Audition Period and/or On Ground Auditions during Period as may be decided by Company at absolute discretion of the Company, in the Audition Centre(s) located in the Territory and the interested Contestant(s) shall be required to upload the required information on the Website and/or shall be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below.

3. On Ground auditions may or may not take place at the sole discretion of the Company and/or Production House basis the current Covid 19 pandemic scenario. Company/ is under no obligation to go for On Ground Auditions or shooting of the Program and is also under no obligation to inform prospective Participants about the same. The Participants are unconditionally bound to update themselves on the same from the Website .

4. The Digital Auditions will be conducted during the Digital Auditions Period on Website/Platform, which may be accessed by the interested Participants through any device with access to the Internet, including but not limited to mobile phones. Participants who voluntarily choose to enter in the Auditions are required to register themselves as Participant in the Auditions by following the procedure set out in these Terms and Conditions

5. The Company shall promote the Auditions through on-air (promos, astons, bugs etc.), print, radio, online, official social media pages/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, Company’s radio partners may promote the Auditions and/or conduct various contests in respect of the Auditions/Program for the listeners across the country.

6. Procedure to register

(a) To register and to participate in the Digital Auditions, the Contestant(s) shall:

i. have to login to the Website / Platform at her sole discretion to register for the participation in the Auditions by submitting / furnishing her valid Indian Mobile Number. It is clarified that the option to exercise registration either through a registered mobile number is the discretion of the Participant and it is further clarified that for the purpose of registering and participating in the Auditions it is mandatory that the valid Indian mobile number submitted by the Participant should be registered in her name only and is valid and authentic and failure to comply with this pre requisite will automatically cause such Participant’s registration / Entry to be invalid.

ii. Upon entering into the Website, a registration form shall be displayed in the Website and the same is required to be filled by the Participant(s) who shall fill in all the relevant and necessary details as stated and enumerated therein The Participant(s) shall submit the following personal details of the Participant including but not limited to Name, Age, Address, phone number, alternate mobile/phone no, Occupation, 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 Platform. For avoidance of doubt, for the purposes of participating in the Digital Auditions during the Digital Audition Period set out hereinabove, registering through a valid mobile phone number and/or a valid mail ID vide the medium of the Platform is mandatory for all interested Participants

 

iii It may be clarified that the Participant participating in the Digital Auditions may register on the Platform only once either through a particular mobile phone number of themselves. Accordingly, the Personal Information required by the Company may only pertain to the Participant registering herself. It is further clarified that if the Participant has already registered and submitted Entries (as defined below) and /or uploaded Video(s) on the Website multiple times through a particular registered mobile numbers, then only the first Entry from that particular registered mobile number shall be considered and all subsequent Entries and /or Video(s) shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Auditions. Additionally, it is clarified that a specific Participant can not register and submit Entries (as defined below) and /or upload Video(s) on the Website through multiple registered mobile numbers. In such cases only the first Entry submitted by the Participant through a particular mobile number shall be considered and the others shall be deemed invalid.

(b) Video Upload Functionality:

i. Once the Participant shares the Personal Information required, he/she shall record one (1) video of the Participant(s) in Kannada language which features the following: (1) a self introduction / background about herself and /her family 2. Showcase or speak about the special skills and talent she has 3. Small introduction abouther family members and finally 4. to mention the reason why she wants to participate in the Program such video shall have a minimum duration of 60 seconds and maximum duration of 5 minutes in .mov or .mp4 format and shall not exceed the size of 64 mb [referred to as “Video”]

ii. the Participant shall upload the Video(s) on the Website / Platform by following the instructions and as per the terms specified on such Platform and after that they have to accept the Terms and Conditions and then click on “Submit” button. Once the Video is uploaded on the Platform successfully a message “Thank you” is displayed on the screen of the Platform

iii. If at any point of time the Company finds that the mobile number shared by the Participant(s) and /or any Personal Information and/ is found to be false and /or unauthenticated and /or fabricated, then Company and/or Production House shall have the right to forthwith disqualify such Participant from further participation and her Entry shall immediately be considered to be null and void.

iv. For the purposes of this Audition, by uploading and /or submitting her Video on the Platform, the Participant agrees and undertakes that they are unconditionally bound by the Terms and Conditions.

v. 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 hereby represents, covenants and declares that (i) the Video is original and is performed/enacted by the Participant(s), (ii) the Video 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 Video, such material and all rights therein and that no other person or party has right or interest in the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Video shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Video are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant has not granted any rights in the Video to the prejudice of any rights granted to the Company hereunder (vi) the Video is not violative of or in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Video for the purpose of the Auditions have been secured by the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to the Company. In the event the publishing of the Video 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, the Company and/or Production House shall have the right at its sole discretion to edit/ remove/cut the contentious portion and re-publish such Video or reject the Video altogether and the Participant agrees not to object to the same. The Participant must ensure that no false and/or misleading statements are made by her and that she does not refer to any commercial product and/or service in the Video(s). The Participant further agrees and confirms that the Company is entitled to reject the Entry 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.

vi. The Participant agrees and undertakes that the Entry/Video submitted by him /her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc

vii. The Participant further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update, submit, share the Video(s) and/or information that:

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

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 the Company has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.

viii. For purposes of the Digital Auditions, logging onto the Platform, furnishing the Personal Information in the mode and manner as prescribed, on the Website and mandatorily uploading 1 (one) Video shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Video is uploaded on the website, she shall not be entitled to re-submit any information, including but not limited to any Video and such Entry submitted by her shall be considered final and valid Entry for the purpose of the Audition. Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Participant fails to provide upload the Video or provides a fake mobile number or fails to furnish Personal Information in the manner prescribed or if the Video submitted is less than the minimum duration or more than the maximum duration stated herein, then her Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Auditions. The Channel/Company and/or Production House shall be free at any point of time to contact and /or communicate with 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 Participant shall unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, broken/bad web link, inadequate Personal Information, wrong format , technical difficulties , internet problems ,invalid mobile number or which consist of content, which contains any of the elements specified in the above sub-clause, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions.

ix. Entries received after the Digital 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 sole responsibility of the Participant(s) to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.

7. The Company and/or Production House shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

8. 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, 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 Video(s) fulfilling the criteria set out herein shall be viewed and evaluated by the Production House and/or the Company and/or its representatives appointed by the Company and/or 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 any person on behalf of the Participant 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.

ii. The Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of Backstory, Talkative ,looks ,attitude, talent or any such other criteria determined by the Company/Production House at its sole discretion.

iii. All Participant(s) selected and shortlisted for Level 2 shall be intimated about the selection via telephone to the contact number that has been provided by the Participant at the time of registration or any other mode of communication as the Company/Production House may deem fit at its sole discretion, and the Participant (s) shall be solely responsible for checking the calls received from the Company and/or the Production House. Such communication by the Company and/or Production House shall also give brief details of next level of audition i.e. Level 2, date and time of the Auditions, etc. The Participant shall be required to give confirmation of the Participant’s participation for Level 2 Auditions upon receiving a call. The telephonic call from the Company and/or Production House shall also provide details of the medium (which shall be audio-visual conferencing/ zoom call or google duo, WhatsApp call or phone call or other similar platform/media) and requirements for the Level 2 Auditions which the Participant shall be required to confirm and make necessary arrangements for the same, prior to the Level 2 Auditions. It is clarified that in the event the Participants 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 Participant hall be provided with a minimum of 15 days’ notice to be available for the Level 2 Auditions for the Participants.

iv. Participant(s) shortlisted at Level 1 shall be required to be available as per the requirement and instructions of the Company and/or the Production House, as may be informed by the Company and/or Production House in advance, to participate and perform in Level 2 Auditions, on specific dates and time and manner of conducting such Auditions, as decided and communicated by the Company. In the event the Company and/or Production House conducts the Level 2 Auditions via / zoom call or google duo, WhatsApp call or phone call or any other similar media , then the Company and/or the Production House will inform the Participant of the same in advance and it shall be the sole responsibility of the Participant to make herself available for such zoom call or google duo, WhatsApp call or phone call or any other similar media. If the Participant fails to make herself available on / zoom call or google duo, WhatsApp call or phone call conference on the date and time as informed by the Company and/or the Production House, the Entry of the Participant will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.

v. The Participant agrees, acknowledges and understands that Level 2 of the Digital Auditions may be conducted via platform or Telephonic Conference as determined by the Company including but not limited to Zoom call, Google duo, WhatsApp video call or Telephonic call etc.

vi. The Company and/or Production House shall be free at any point of time to contact and /or communicate with 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 Participant shall unconditionally & promptly facilitate the same. By participating in the Level 2 of the Digital Auditions through any of the mediums or platforms viz zoom call, google duo, WhatsApp call, or telephonic call or any media, the Participants hereby agree and undertake that they are unconditionally bound by the Terms of use, Privacy Policy, personal information policy etc of the respective mediums or platforms. In case of any dispute arising out of usage of these mediums or platforms, the Participant is bound to resolve the same directly with the respective mediums or platforms without recourse to the Company.

vii. The Company and/or Production House reserves the right to select any number of Contestant(s) from the Level 1 and shall inform the shortlisted candidates for Level 2 Auditions.. The Participant hall be provided with a minimum of 15 days’ notice to be available for the Level 2 Auditions for the Participants

B. LEVEL 2

 

i. 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 platform/media in the mode and manner as decided by the Company and communicated to the Participants

ii. Such Contestant(s) shall be interviewed by the Panel one on one basis and asked to showcase their talent in various fields in which she is successful viz, singing, dancing, mimicry etc, (“Act”) and be further interviewed by the Production House, Company and/ or Panel regarding her personal and professional qualifications, family background. The Participant has to answer the questions correctly and if the answers are found to be incorrect, Company has every right to disqualify her from participating in the Program

iii. The Company reserves the right to select any number of Contestant(s) from this Level of Auditions, basis the Act and correct answers in the interview. The selected Contestants shall be eligible for the next level of selection i.e Level 3. The Contestants shall be informed about their selection for the next round, i.e. which shall be tentatively held in Bangalore or such other place at its sole discretion.

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

 

v. The Company and/or Production House shall be free at any point of time to contact and /or communicate with 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 Participant shall unconditionally promptly facilitate the same.

C. LEVEL 3 – ON GROUND AUDITIONS

 

I. The Company and/or Production House reserves the rights to decide whether to conduct On ground Auditions and /or Level 3 of the Auditions at its sole discretion,

A. in the event that the Company and/or Production House decides not to go ahead and conduct the On ground Auditions and /or Level 3 of the Auditions, then the Contestants shortlisted /selected at Level 2 shall be entitled to participate in the Program . This decision of the Company and/or Production House shall be final and binding on every Participant. If the Company and/or the Production House doesn’t intend to conduct the On Ground Auditions, the Company and/or the Production House through the Panel shall further at their sole discretion select any number of Participant(s) from the Participant(s) selected at Level 2, basis their overall performance, confidence, etc.., and such other criteria as may be determined by the Company and/or Production House in its sole discretion. These shortlisted/selected Participant(s) shall be qualified for performing in the Program as Show Players. The Company and/or the Production House shall inform the Participants of such selected Participants as Show Players. The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant shall not have any right to question for the same.

Or

B. If the Company decides to go ahead and organise and hold On Ground Auditions for Level 3 of the Auditions , then

i. Participant(s) shortlisted at Level 2 shall be required to participate and qualify in further levels of ground auditions (as detailed herein below) to be held tentatively at Audition Centre as decided by the Company at its sole discretion and communicated to the Participant from time to time vide the Website and /or any other mode of communication as deemed fit by the Company

ii. The Company and/or Production House reserves the right to introduce other prospective shortlisted Contestant(s) who have gone through the similar selection process as the Contestant(s) or such other selection process or through On ground only as deemed fit by the Company and/or Production House. Such decision of the Company shall be final and binding upon all the Contestants

B-1 PROCEDURE FOR ON GROUND AUDITIONS

To register and to participate in the On-Ground Auditions( if any), the interested Contestant(s) shall:

a. 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 on the registration form (“ Personal Information”) in a manner and form, as requested and /or prescribed therein (“Registration Form”);

b. note down the unique registration code assigned to him/her at the Audition Centre (“Registration Number”) for any references;

c. If selected for Level 3 of the Auditions, the Contestant 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”).

g. In case the Contestant is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same 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 duly submitted by the Contestant at the Audition Centre] shall be considered a complete entry ( “On Ground Entry/On Ground Entries”).

h. Contestant undertake that all Personal Information, documentation, contents of the Registration Form provided by her at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or On Ground Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in the Auditions. The Channel/Company and/or Production House shall be free at any point of time to contact and/or communicate with the Contestant / for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the On Ground Entry and the Contestant shall unconditionally facilitate the same.

i. All entries at the respective Audition Centre(s) shall be on first come first serve basis between 8.00 am to 3.30 pm and/or any other time as decided and communicated by the Company 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 on the Contestant (s) and the Contestant(s) shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Auditions and shall be deemed null and void

j. Participant(s) shortlisted at Level 2 shall be required to be present in the Audition Centre or any other location /city as deemed fit by the Company at its sole discretion to participate and perform in Level 3 of Auditions on specific dates and time as decided and communicated by the Company.

k. These auditions will be conducted during the Audition Period. The timings for registration of Participant(s) will be intimated by telephone. The Participant(s) will have to present at the Audition Centers on the date and time specified along with the documents and photographs required (both in original and attested photocopy). It is clarified that the Participant(s) failure to submit the aforementioned documents and/or attend the On-Ground auditions without the same shall automatically disqualify the Participant from further participation in the Auditions and Program.

l. The doors to the Audition Centers will shut at 9.00 AM or at such time as the Company may decide in its sole discretion. Late entrants may stand disqualified from the Audition process at the discretion of Company. Each Participant will be provided a unique registration number which he/she must carry with him/her at all times while at the Audition. The Participant will have to sign the registration form along with the release form, nondisclosure agreements, the Terms and Conditions or any other documentation as may be required by the Company at its sole discretion in order to participate in the Auditions. Company’s authorized representatives will have the final right to refuse registration/eligibility for the Participant(s) to participate further at their sole discretion.

m. Subject to completion of formalities as prescribed by Company, the Participant(s)will have to go through an interview round on one on one basis and asked to showcase their talent in various fields (“Act”) and be further interviewed by the Production House, Company and/ or Panel regarding professional qualifications, communication skills, family background, etc

n. In On Ground Auditions the Panel shall basis performance in the interview, select the Show Players

o. Any entry made after the Audition Period will not be considered for the Auditions 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.

p. The Company and/or Production House reserves the right to select any number of Contestant(s) from the Level 3 and shall inform the shortlisted candidates of their selection for participating in the Program as Show Players. The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant shall not have any right to question for the same

q. All Participant(s) selected in this Level as Show Player(s) shall be personally intimated about their selection vide 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 calls received from the Company.

9. 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.

 

10. In the event of the failure of any of the Show Player(s) from attending the Studio within the aforesaid timelines for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Program.

11. Such selected Show Player(s) shall be required to mandatorily attend the grooming and act presentation training sessions /workshops , if any, conducted by the Company at such time and place as the Company may deem fit

12. The Company and/or Production House reserves the right to introduce other prospective shortlisted Contestant(s) who have gone through the similar selection process as the Contestant(s) or such other selection process or through On ground only as deemed fit by the Company and/or Production House. Such decision of the Company shall be final and binding upon all the Contestants

13. The Show Player(s) / shall be required to fill and execute the declaration cum indemnity and/or any other document as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein (“ Participation Agreement)

 

14. The Participant will be solely responsible to bear all costs of travel, accommodation and all other expenses, should such Participants voluntarily wish to participate in any Audition Centres during the Audition Period and for Televised Auditions. The Company, Production House, will not be involved in any such requests, logistical or other related issues.

15. The Participant(s) will be required to execute any and all legal documents including but not limited to Participant Agreements, 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 and/or Level 3 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 and at Level 3. 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 Participant 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 and/or the Production House.

 

16. Participant(s) who have previously participated in 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.

17. The Company and/or the 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)

18. 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 Parent(s) on behalf of 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 Auditions. 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 Program, the decision of the Company shall be final and binding.

19 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(s) 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 only female Participant(s) who are above the age of 18 years (women) being an Indian citizen of and residing in India during the Audition Period and the Program, as per the respective applicable laws of India. It is also mandatory that these Participants and their families can speak and converse in Kannada.

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; 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).

3. In the event the Participant 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.

4. 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.

5. Participant, hereby provides 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 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.

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 by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd.

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 has informed the Participant her rights to: (i) review 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 her 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 with the option to opt out of providing her Personal Information, and the Participant has not exercised such option.

 

6. The Participant shall not make any claims against Company , 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 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.

7. Company shall not be responsible in the event any Entry or Entries are not received or submitted due to any 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 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.

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 their families 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.

9. The Participant, acknowledge that they and their families are aware of the fact 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 fully understand this aspect of the Program and shall neither hold the Production House/Company liable for any such depiction nor shall make any claims in respect of the same against the Production House/Company and/or the Channel or any of its representatives and/or the Jury.

10. 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. Company also reserves the right to cancel and/or postpone the Auditions/Program without any prior intimation to the Participant.

11. 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 she is medically fit to travel anywhere and anytime and that she does not suffer from any kind of ill health, disease, ailment(s) and medical problems (viz.: heart problem, blood pressure problem, pregnancy, etc.).

12. The Participant(s) will be required to furnish necessary supporting documentation in original (i.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 confirm the eligibility of the Participant(s) at any stage of the Auditions. 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 Company in its sole and absolute discretion..

13. 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/or the public.

14. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.

15. The Channel/Company 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 also Company /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.

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

17. 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.

18. 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.

19. The Participant(s), 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.

20. 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) 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.

21. Non-conformance by any Participant the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then Company will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

22. If the operation of the Show/ Auditions/ Program or any part thereof (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.

23. 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.

24. 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.

25. In consideration of being afforded an opportunity to participate in the Program/Auditions, 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, 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 hereby agree that neither the Participant(s) nor his/ natural guardian nor any person authorised by her 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 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.

26. The Participant(s) either through themselves waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, 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 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.

27. The Participant agrees and acknowledges that the Channel /Company 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).

28. The Participant shall make themselves available from time to time and co-operate with the Channel and/or Company 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.

29. 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. Company 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 Company or the Channel without notice to the Participant and without any further compensation to the Participant.

30. The Participant agree that in consideration of being given opportunity to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, Company , 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 Company to claim any damages or reliefs or otherwise.

31 The Participant agree to keep Company , 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 Company and /or any of its affiliate companies and/or channels.

32. The Participant, agrees that Company 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. Company 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) acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

33. Certain information relating to the Production House, Company , the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or Company 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) agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/Company , as the case may be, and is valuable, special and unique to the business of Production House/Company , as the case may be. 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.

34. 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.

35. The Participant 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.

36 Participant cknowledges 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.

37. The participation of the Participant the in the Auditions shall mean that the Participant 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.

38. 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 Company and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Bangalore, 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.

39. Subject to the provision of 38 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 Bangalore, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

//End//

"Fan Week” contest

Terms & Conditions

The following are the rules for the “Fan Week” contest (the “Contest”) hosted and conducted by Star India Private Limited (“STAR”). The idea behind the Contest is to celebrate the dedicated fans who tune in to Byju’s Cricket Live, aired on the Star Sports Network, regularly and actively participate and engage with Star on social media platforms. 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 20th October 2020 to 23 rd October 2020 or such other date(s) as may be decided by STAR at its sole discretion and announced by Star (“ Contest Period”). Each calendar day falling within the Contest Period will be referred to as “Contest Day”.

2. The Contest aims to celebrate the dedicated fans who tune in to Byju’s Cricket Live, aired on the Star Sports Network, regularly and actively participate and engage with Star on social media platforms. 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 a tweet on the Twitter account of STAR, available at https://twitter.com/StarSportsIndia with username/handle ‘@starsportsindia’ and/or on the Instagram account of STAR, available at https://www.instagram.com/starsportsindia/ , with username/handle ‘@starsportsindia’ (“ Social Media Handles”). The Contest requires the Participant to post his/her own picture in the form of a selfie through a tweet using his/her personal Twitter account and/or through an Instagram Story using his/her personal account, showing themselves preparing for the relevant cricket match to be played on the said Contest Day (“ Entry”). To be eligible, the Participant must follow the Social Media Handle(s) and their Entry must include the hashtag ‘#FanWeek’. Further, the Entry(ies) posted by a Participant through an Instagram story and/or Tweet must be publicly viewable during the Contest Period. The image of the actual Twitter and/or Instagram account holder must be present in the Entry (“Eligibility Requirements”). The Contest will run on each Contest Day during the Contest Period; and

(C) the end of the post show “Byju’s Cricket Live” of the concerned cricket match and/or the concerned cricket match itself, whichever is later, in relation to the Entry for the said Contest Day, shall be considered to be the “Daily Closing Time”.

(D) Any Entry which does not adhere to the Eligibility Requirements and/or violates the guidelines of Twitter and/or Instagram and/or does not have the image/picture of the actual Twitter and/or Instagram account holder through which the said Entry was submitted, as applicable, shall not be considered valid and shall be deemed to be null and void without requirement of any intimation by STAR;

(E) From the total pool of valid Entries received for the Contest from Participants upto the Daily Closing Time of the relevant cricket match on each Contest Day, the best Entries in relation to each cricket match shall be selected as the daily winners of the Contest for that Contest Day (collectively, the “Winners”). The selection of the Winners shall be done by the STAR’s experts (“Experts”); and

(F) In the event of the Entry having the image of any other person in addition to the actual Twitter and/or Instagram account holder through which the said Entry was submitted, only the actual Twitter and/or Instagram account holder through which the said Entry was submitted shall be considered a Winner. Provided, only the said Winner shall be eligible to be recognized for the Prize even if the image submitted as Entry has any other person(s) present in it. Provided further, the Winner shall be solely responsible for procuring all rights and authorizations including compliance with all the Principal Rules, General Rules and Consent for Procuring Personal Information forming part of the Terms and Conditions from the persons, apart from him/her, who are present in the image submitted as the Entry for the Exploitation including usage of the said Entry by STAR.

3. The Winners shall be selected on the basis of the quality and creativity of their Entry(ies) or such other criteria as the Experts may consider appropriate at their sole discretion. 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, the winning Entry(ies) for each Contest Day shall be broadcast on the show ‘Byju’s Cricket Live’ aired on the relevant Star Sports channel as determined by the STAR in its sole discretion (the, “Prize(s)”). STAR shall have the sole and absolute discretion to decide the specifications of the Prize(s) including the show, date, time and duration of the announcement of the same.

5. 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 Prize cannot be granted to the Winner(s) as per paragraph 4 above.

6. 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.

7. 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.

8. All Entry(ies) from the Participants as per paragraph 2(B) above must be received during the period indicated therein. Entry(ies) 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.

9. STAR and/or its group companies shall not be responsible in the event that any of the Entry(ies) (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.

10. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entry for the Contest during the Contest Day and/or 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.

11. 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(ies) 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(ies) not being compliant with the Terms and Conditions; or (b) determines at its sole discretion that the Entry(ies) 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).

12. 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.

13. 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.

 

14. The Participants (including the Winners) agree and consent to the use of their Entry(ies) 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(ies) including any rights of Exploitation thereof, to STAR, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Entry(ies) 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(ies) 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) and/or any part thereof from one form/format to another and in relation to the Entry(ies) 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) 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) 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) 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) 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), including any part thereof, for such means and modes of Exploitation of their Entry(ies) 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) 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) 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(ies) 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(ies) 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.

 

15. The Participants/Winners who create and submit Entry(ies) 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(ies). 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(ies), 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(ies) including any third party intellectual property rights claims with respect to the Entry(ies) 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(ies) 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 “Fan Week” 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 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 “FanWeek” (“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 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-

Vijay Music - #MakkalsManathil

Terms & Condtions

The following Principal and General rules are the rules and regulations (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the ““MAKKALS MANATHIL” (hereinafter referred as ‘ Contest’) which will be hosted by Asianet Star Communications Private Limited (“ASCPL/ Company ”) on the Twitter profile of Vijay Music , i.e. @vijaymusicoffl (“ Vijay Music Twitter Handle”) on Twitter and on the Vijay Music Facebook page on Facebook, i.e Vijay Music (“Vijay Music Facebook Page”)& on the Instagram profile of Vijay Music, i.e. @vijaymusicoffl (“Vijay Music Instagram Handle”) on Instagram ( hereinafter collectively referred to as “Platform”) as a part of the promotion and marketing strategy for the program “Makkals Manathil” & tamil Music channel , “Vijay Music” (“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 ASCPL for all matters relating to the Contest shall be final and binding in all respects.

ASCPL reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The Terms & Conditions and revised terms if applicable, will be effective immediately upon uploading the same on www.startv.com, unless otherwise mentioned.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(if required) required to disclose his/ her personal information to ASCPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). ASCPL is committed to protecting the privacy and the confidentiality of the Personal Information received. ASCPL uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such Personal Information and /or any information or content gathered through these Terms and Conditions is dealt in the manner laid down in the Privacy Policy, which is accessible at https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

The Participant by uploading and /or submitting his Entry (s) on the respective Platforms, agrees and undertakes to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Facebook ,Twitter, Inc. and Instagram, LLC and acknowledge that such Platforms reserve the sole and exclusive right to make amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same and abiding by the same without any recourse to ASCPL for any reason whatsoever. The Participant will be solely responsible for complying with the terms stipulated by Twitter, Inc. Facebook and Instagram, LLC, and shall not at any time hold ASCPL responsible for any inability on the part of the Participant to submit Entries by reason of any restrictive terms imposed by such Platforms and/or on account of the Participant’s failure to comply with the terms imposed by the Platforms.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, 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 agree to these General or Principal Rules (as stated herein below) or the Privacy Policy 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.

PRINCIPAL RULES

(I) Entrants’ Eligibility:

(a) The Contest is open only to persons who are the citizens of India and shall be of 18 years of age and above.

(b) The Participant must have a valid and existing Twitter and /or Facebook and/or Instagram account during the Contest Period.

(c) Permanent and/or contract employees and directors of ASCPL, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “ASCPL Entities”) and each of their immediate family members are not eligible to enter the Contest.

 

(II) Contest Procedure:

(a) The Contest shall start on October 5, 2020 at 9 AM IST and end on December 31, 2020 at 7 PM IST (“Contest Period/Period”).

(b) To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period

· log in to the respective Platform using his/her Twitter and /or Facebook and /or Instagram account/credentials or his/her Facebook account/credentials and click on the relevant page/tab of the Contest on the respective Platform or in any other manner or form as may be prescribed /requested on the respective Platform. For the purpose of participating in this Contest, it is mandatory that the interested Participant (s) mandatorily have a valid Twitter account or Facebook account or Instagaram account and must be residing in India during the Period of the Contest.

· Follow the Vijay Music Handle and /or page on the respective Platform

· Post a like to a song image/ clip (s) from a Tamil song uploaded by ASCPL from time to time during the corresponding Contest Period (“ Image”) on the respective Platform . It is clarified that the Company shall be free and entitled to upload any no of Images as deemed fit by them on a daily basis and that these Images will be refreshed and changed on a daily basis .

· Participant (s) shall thereafter be required to post his / her comment below the specific Image uploaded and available on the respective Platform by answering why he /she loves the particular song to which the corresponding Image belongs to (“Post”). The Participant shall be free to opt and use the pre created Hash Tag, “#MakkalsManadhil (“ Hashtag”) while submitting his / her Post . It is clarified that using the Hashtag is merely an option and not a mandatory requirement for the Entry. It is further clarified that for the purpose of participating in the Contest and to be eligible for the Gratification , it is mandatory to like a particular Image and submit the Post on the respective Platform.

· For purposes of the Contest, “receipt” of Post occurs only when the website server records the Post information upon the Participant clicking “Submit/Post” button on the respective Platform. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt. Logging onto the Platform in the manner as stated hereinabove , mandatorily having a valid Twitter account or having a valid Facebook or Instagram account and being a resident of India during the Period of the Contest, following the Vijay Music Handle and /or Page on the respective Platform, liking the Image uploaded on the respective Platform , submitting the Post below for the corresponding Image in the manner as prescribed herein on the respective Platforms in the manner as stated therein and as per the terms stated on the respective Platform , shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) provides or tweets or submits the Post which is not original or if the Participant does not have a valid twitter account or does not have a valid facebook or instagram account or is not resident of India then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Gratification . 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 information. It is further clarified that the Participant(s) cannot make (a) blank tweet using just the Hash tag (b) offensive / abusive tweet (c)tweeting and re-tweeting the same Post more than once on the same Platform (i.e., making the same tweet many number of times in order to be selected for Gratification (d)tweets or submits a Post which do not make any sense (irrelevant to the Contest ). Any such Entry shall be considered null and void and shall not be eligible for the Gratification.

(c) Each Participant(s) consents to the use of information submitted by the Participant(s) including the Post for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use by ASCPL of the Post in any mode and media including but not limited to any channels / platforms / social media pages owned and operated by ASCPL.as ASCPL may deem fit for the purpose of promotion of the Contest. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby grants to ASCPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuityto utilize/ exploit the Post in any manner deemed fit by ASCPL, including but not limited inter alia, in a modified format in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by ASCPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s) waives off his “Moral Rights” with respect to the Post or any part thereof as required. The Participant agrees and authorizes ASCPL to digitally modify, edit, truncate, the Post submitted by the Participant(s) for the purpose of creation of Modified Post (s) as set out below. The Participant undertakes not to create any lien, charge, or other encumbrance, on the Post at any time without the prior written consent of ASCPL. The Participant agrees that ASCPL shall be entitled to exploit the Post including the Modified Post in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Post in any manner deemed fit by ASCPL in its sole discretion. It is agreed that all rights, title, and interest in the Post along with the image including rights in any form of intellectual property and rights in any form of exploitation will be owned by ASCPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Modified POST by ASCPL or any third party authorized by ASCPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.

(d) The Participants shall ensure that the submitted Post ,part of it is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including rights in any form of intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —

(i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous 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 whatsoever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights;(v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) 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 to any other nation. For the avoidance of doubt, the Participant(s) agrees that ASCPL has the right to remove any such material/Post which may not be in consonance with the applicable laws.

(e) The Participant(s) further represents and warrants that the Post being submitted by him/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the Post and agrees to indemnify and hold harmless ASCPL from and against any suit/litigation/injury/damage/harm/loss suffered by ASCPL in connection with the same

(f) Participants may send as many Posts as they desire but only Post(s) received before the close of the Contest Period shall be considered valid for the Contest. Participant(s) agrees and understands that submission of more than one Post shall not result in a higher chance for the Participant(s) to win the Gratification . Participant agrees to not spam and tweet and resubmit the same Post multiple times on the same Platform. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

(g) The Post should state all the required information asked from the Participant(s) at the website and/or in these Terms and Conditions. If the same is not complied with, then the Post will not be considered eligible for the Gratification and will be disqualified.

(h) ASCPL shall not be responsible for any entries submitted but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.

(III) Selection Process :

(a) During the Contest Period , at the end of each day on the basis of the Participant(s) having made a valid Post/Entry, time stamp of their Entry,and the quality , uniqueness and creative nature of the Post submitted, or any other criteria as deemed fit by ASCPL ASCPL shall at its discretion shortlist a maximum number of (200) Participant(s) on first cum first basis(basis the time stamp of their Entry) on a daily basis (“ Shortlisted Participant(s)”). ASCPL shall publish / broadcast the Post /digitally modified Post of such Shortlisted Participant(s) (“Modified Post (s)”) only on any platform or media as decided by ASCPL at its discretion. These Shortlisted Participants shall be selected and declared based on the criterion mentioned hereinabove by way of first cum first basis on the basis of the time stamp of their Entries). The sole gratification for the Shortlisted Participants shall be that ASCPL shall broadcast the Post / Modified Post (“Gratification”) on the Channel or any other platform owned by ASCPL and /or its affiliates . Shortlisted Participant agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Shortlisted Participant. For avoidance of doubt it is clarified that ASCPL’s decision in regard to the selection and declaration of the Shortlisted Participant(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are Shortlisted Participant(s) based on the criterion mentioned hereinabove, by ASCPL at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Shortlisted Participant shall not be entitled to any other form of gratification (monetary or otherwise). Post(s) sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

(b) ASCPL reserves the right to announce the name and/or publish the Post / Modified Post(s) of the Shortlisted Participant(s) either on-air on the Platforms and /or Channel.

(c) All decisions of ASCPL shall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s) has waived his/her right to dispute any decision(s) made by ASCPL in relation to the Contest and/or Gratification, to the extent applicable under law.

(d) The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Shortlisted Participant(s)/ agrees and undertakes that no cash equivalent or alternative prize will be given to the Shortlisted Participant(s and the Shortlisted Participant(s)/ cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Shortlisted Participant(sand the Shortlisted Participant(s)cannot transfer the Gratification to any other person.

(e) The Shortlisted Participant(s)/ shall not in any circumstances make any claims against the ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to their participation in the Contest or any related activity, to the extent permitted under law. If the Shortlisted Participant(s)/ is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Post /Entry will stand disqualified and such decision shall be final and binding.

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

GENERAL RULES

1. The Participant(s) interested in participating in the Contest must be above the age of 18 years and residing in India during the Contest Period and at the date of the Gratification. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Contest.

2. Proof of age, if requested, of the Participant(s)/Shortlisted Participant(s)and/or the family members of the Participant(s)/Shortlisted Participant(s)must be submitted to ASCPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).

3. The Participant hereby agrees that any dispute arising between the Participant and any of the Platforms shall be resolved directly between such parties without any reference or recourse to ASCPL.ASCPL 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) to check the Terms and Conditions of the Contest on the Website .

4. Non-conformance by the Participant(s)/ Shortlisted Participant(s)to any and all the Terms and Conditions herein or as set by ASCPL from time to time will make such Participant’s/ Shortlisted Participant(sPost null and void.

5. ASCPL reserves the right to disqualify any Participant(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 ASCPL from time to time. The decision of ASCPL in this regard shall be final and binding upon the Participant(s).

6. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the Terms and Conditions the decision of ASCPL shall be final in this regard.

7. The Shortlisted Participant(s) agree that he/she shall not hold ASCPL and/or its employees, responsible for delays or any problem in connection to the Gratification.

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

9. ASCPL 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 Shortlisted Participant(s)/ in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Gratification.

10. ASCPL reserves the right to forfeit the Gratification in the event it is found by ASCPL that any information provided by the Participant(s) and/or the Shortlisted Participant(s)/ is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Shortlisted Participant(s).In this contingency ASCPL shall have the right to declare another eligible Participant(s)/Shortlisted Participant(s) who qualifies as per the criteria stated above, as the Shortlisted Participant(s) of the Contest and transfer the Gratification to that person.

11. The Shortlisted 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 ASCPL in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to ASCPL.

12. The Participant(s)/Shortlisted Participant(s)acknowledges that in case the performance of this Contest and/or availing the Gratification 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 5 days, then ASCPL shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/ Shortlisted Participant(s)/ forthwith and such decision shall be final and binding.

 

13. The Participant(s) and/or the Shortlisted Participant(s)/ shall not in any circumstances make any claims against ASCPL 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 (directly or indirectly), to the Participant(s) and/or the Shortlisted Participant(sparticipation or non-participation in the Contest or any related activity. If the Participant(s) and/or the Shortlisted Participant(sis found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.

 

14. The Participant(s) and/or the Shortlisted Participant(s)/ shall hold harmless and indemnify ASCPL, 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)/Shortlisted Participant(s)and or their family members/friend’s invited by the Participant(s)/Shortlisted Participant(s)in any manner whatsoever in connection with the Contest and/or the Gratification and also to the extent possible 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.

15. The Participant(s)/ Shortlisted Participant(s)/ shall hold harmless and indemnify ASCPL, 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 ASCPL in connection with any act of the Participant(s)/ Shortlisted Participant(sand/or the Contest and/or Post, text in the Post and/or any third party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s).

16. The Shortlisted Participant(s)/of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with ASCPL and participate in any activity and/or campaign (“ Promotional Activity”) of any nature whatsoever without any money payable to the Shortlisted Participant(s)/. Further, the Shortlisted Participant(s)/ shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Shortlisted Participant(s)/ (s) gives his/her consent to ASCPL and/or any other agency on behalf of ASCPL to make the footage of the participation in the Promotional Activity The Shortlisted Participant(s)/ in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Shortlisted Participant(s)shall vest with ASCPL, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and ASCPL may exploit the same in any manner and in any media whatsoever at any time throughout the world..

17. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/ Shortlisted Participant(s)and ASCPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.

18. Participant(s)/ Shortlisted 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.

19. The Participant(s)/ Shortlisted Participant(s)agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Contest, the Gratification and/or any other aspect related to the Contest.

20. Participant acknowledges that Participant’s representations, warranties, confidentiality, indemnities, grant of rights in the Post, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

21. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest 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, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.

In case of any dispute or other matter arising in reference to the Contest , subject to the provision of Clause 22 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 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Chennai, India.

Bigg Boss Tamil Voting

Terms & Condtions

The se Terms and Conditions (defined below) shall be binding on each Viewer (defined below), in the territory of India (“Territory”) who voluntarily desires to participate in the Voting Mechanism (as defined hereunder) of the Program, for the Shortlisted Participants (as defined below) competing in the program titled “Bigg Boss- Tamil -Season -4’’ (“Program ”) which is being aired on “Star Vijay” (hereinafter referred to as “Channel”), being the channel owned and operated by Asianet Star Communications Private Limited (“ASCPL”)

The following voting terms and conditions (“Terms and Conditions / Voting Rules”) govern the entire process of Voting Mechanism (as defined below) as detailed herein for participation in the Voting Mechanism and shall be binding on each Viewer. “Viewer” shall mean a participant in the Voting Mechanism, who resides in India, is a citizen of India, is physically present and located in India, and who is of 18 years or above as on 4 th Oct 2020.

The Terms and Conditions of and in relation to the Voting Mechanism as stated herein, are an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms and Conditions are irrevocably binding on each Viewer who voluntarily participate in the Voting Mechanism. The privacy policy available at https://www.startv.com/legal-terms-policies/#wpp (“Privacy Policy”), which is deemed accepted and agreed to by every Viewer, by agreeing to participate in the Voting Mechanism, shall govern all usage of any Personal Information (as defined in the Privacy Policy available at the aforementioned link) 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 gathered by ASCPL under or pursuant to the Voting Mechanism.

The Voting Mechanism shall be governed by the Principal Rules and General Rules as stated herein below and by agreeing to participate in the Voting Mechanism, Viewers shall be deemed to have unconditionally accepted and agreed to comply with and abide by the same prior to participating in the Voting Mechanism. If the Viewer does not agree to be bound or cannot comply with any of these Terms and Conditions and/or the Policies (defined below), then the Viewer should refrain from continuing with and/or participating in the Voting Mechanism. The act of voting and/or participating in the Voting Mechanism as detailed below shall be deemed to be the Viewer’s absolute agreement to the Terms and Conditions contained herein, Personal Data Privacy Policy, Privacy Policy, User Generated Content of ASCPL, and Website Terms of Use (collectively, “Policies”) of ASCPL as prescribed from time to time and available at https://www.startv.com/legal-terms-policies/#wpp . These Terms and Conditions are made available at https://www.startv.com/legal-terms-policies/#wpp (“Website”). These Policies may be amended by ASCPL at any time without prior notice to the Viewer.

These Terms and Conditions, contained herein shall subsist until the first telecast of the last episode of the Program and /or any such extended duration as may be deemed fit by ASCPL and hence, save and except terms that are indented to survive these Terms and Conditions, all other terms of these Terms and Conditions shall continue to apply to all Viewers in relation to any participation in the Voting Mechanism, till such time.

PRINCIPAL RULES:

The following are the Principal Rules for Voting Mechanism for the Program on the Channel, as conducted by ASCPL:

1. The Program is a reality show where individuals/housemates (“Participants”) staying in the Bigg Boss House will nominate housemates for eviction from the Program at intervals decided by ASCPL (“Shortlisted Participant”). During the Program, the Viewers will be asked to cast their vote for the Shortlisted Participant whom they want to save from being evicted from the Program. The Viewer shall cast multiple votes (subject to maximum votes allowed per Voting Mechanism as detailed below) for different Shortlisted Participants. The Shortlisted Participant who gains the minimum votes from the Viewers, will be eliminated from the Program.

2. Further, ASCPL and/or the Channel shall be entitled to, at its discretion at any time during the telecast of the Program to re-introduce the eliminated Participant(s) or introduce fresh individuals/participants to participate in the Program (“Wild Card Entries”).

3. In the event any of the Participants are unable to participate and/or unable to appear and/or withdraw their participation, for any reasons whatsoever, ASCPL and/or the Channel reserve the right to replace such Participant(s) with previously eliminated participants or replace such housemate with any other new participants and such decision shall be final and binding on all the Viewer(s). ASCPL and/or the Channel shall not entertain any complaints or queries related to it.

4. The Voting Mechanism (as detailed in clause 8 of Principal Rules) will open and end for the period tabulated in clause 11 below of Principal Rules (“Period”) in the Territory as mentioned herein. During the Period, the Viewers in the Territory can vote for their favorite Shortlisted Participant, as per the Voting Mechanism detailed below. ASCPL and/or the Channel shall in its discretion be entitled to close the Voting Mechanism for specified Voting Cycles (defined below) during the Period. ASCPL may at any time, in its discretion, increase or decrease the Period for voting without any prior notice and liability whatsoever.

 

5. The Program will be telecasted from 4th October 6 pm onwards, on the Channel at the timings stated below or such other dates and timings as amended and updated on the Website by ASCPL from time to time. It shall be each Viewer’s sole responsibility to periodically check the Website for any update(s) or modification(s) to the timings and dates for telecast of the Program, and/or, for other changes to the Voting Mechanism and/or other details pertaining to the voting.

 

DAY

TIME OF TELECAST

Week Days

9:30 pm

Week Ends

9:30 pm

6. The votes, for each episode/day (“Episode/Day”), should be sent only during the timelines specified hereunder and any votes sent after the Voting Cycle (as set out below) for the applicable Episode, shall not be considered and shall be deemed null and void.

7. To participate in the voting, the Viewers must watch/are deemed to have watched the Episodes of the Program being telecast on the Channel every day, on the times as mentioned in clause 5 of these Principal Rules. The Viewers by participating in the Voting Mechanism will get an opportunity to cast their votes for any Shortlisted Participant of that Episode(s) of the Program.

8. The Viewers interested in voting can participate by choosing to cast their votes for their favorite Participant through any or both of the 2 (two) mechanisms as mentioned below and shall be subject to the respective mechanism’s requirements and rules:

8.1 Missed Call Mechanism: By dialing the numbers assigned to each Participant (more fully given under) from the Viewer’s mobile phone / landline and casting the vote as more fully detailed in clause 9 of Principal Rules;

8.2 Hotstar Mechanism: Login to Hotstar Application in Android/IOS Devise, visit the Bigg Boss Telugu page and click on the Vote now button as more fully described in clause 10 of Principal Rules;

All the above mechanisms together with any other mechanism that the Channel/ASCPL may provide from time to time shall hereinafter collectively be referred to as “Voting Mechanism”. It is clarified that ASCPL can amend or modify or dismiss any of the above mentioned mechanisms at its sole discretion.

9. Missed Call Mechanism

The Missed Call Mechanism for the Territory is as provided below:

9.1. The Viewer should use a valid Indian phone number, registered with network operators in the Territory.

9.2. To vote, the Viewers shall through their landlines/mobile numbers dial the unique number of the Shortlisted Participant for the particular Voting Cycle for whom they want to vote and give them a missed call. The unique number for the Participants shall be as follows:

 

Contestant Name

Number assigned

1

Aajeedh

8367796801

2

Aari Arujunan

8367796802

3

Anitha Sampath

8367796803

4

Bala

8367796804

5

Gabriella

8367796805

6

Jithan Ramesh

8367796806

7

Nisha

8367796807

8

Ramya Pandiyan

8367796808

9

Rekha

8367796809

10

Rio

8367796810

11

Samyuktha

8367796811

12

Sanam

8367796812

13

Shivani

8367796813

14

Som

8367796814

15

Suresh Chakravarthy

8367796815

16

Velmurugan

8367796816

9.3. Only a maximum of 10 (ten) votes per day per device, per corresponding Voting Cycle will be allowed through the Viewer’s landline and/or mobile number that is registered with a network operator within the Territory. The Viewer will receive an SMS/response from ASCPL for the first vote only for the applicable Voting Cycle (defined below).

9.4. The Viewer will not be charged by ASCPL in the Missed Call Mechanism to cast the votes.

 

10. Hotstar Voting Mechanism:

A Viewer interested to cast his/her vote, by using Hotstar Voting Mechanism, will be subject to the following mechanism:

10.1. The Viewer will have to Login to their account on the updated Hotstar Application in Android or IOS Device and/or any operational devices, visit the Bigg Boss Telugu page and click on the Vote now button for casting his/her vote through this Voting Mechanism. Viewers are advised to check for updates of the Hotstar application from time-to-time.

10.2. The Bigg Boss Telugu page will list the names of the Shortlisted Participant in a particular Voting Cycle.

10.3. The Viewer has to cast his/her vote for their desired Shortlisted Participant’s against his / her name/emoji to save him/her from eviction.

10.4. Only a maximum of 50 (fifty) votes per day per device, per corresponding Voting Cycle will be allowed through the Viewer’s Android and /or IOS Device and/or any operational devices for a particular Shortlisted Participant.

10.5. The Viewer will not be charged in the Hotstar Voting Mechanism to cast the vote, however, there may be cost levied to the Viewer, at the applicable rate, by the network provider for using internet connection which should be verified by the Viewer at his/her sole responsibility. In case of casting vote while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. ASCPL, Channel, Hotstar shall not be responsible for any such charges incurred by the Viewer and all charges for browsing/using internet to cast such vote shall be borne solely by the Viewer.

11. In the Voting Mechanism, the Viewer should cast his/her votes for a particular Shortlisted Participant, for the respective Episodes of the Program, during a particular Voting Cycle (as defined below) and any vote cast after the Voting Cycle shall neither be considered as vote(s) for that Episode nor for the next Voting Cycle. The voting cycle for each Episode shall commence from the Start time and end on the voting End Time (“Voting Cycle”) as detailed below, on the start date as mentioned on the Channel:

       

Missed call

Hotstar

Voting Start Time

Voting End Time

No. of votes per Voting Cycle per mobile/landline

No. of votes per Voting Cycle per login

Monday

10:30 PM

Monday

11:59 PM

10

50

Tuesday

12:00 AM

Tuesday

11:59 PM

10

50

Wednesday

12:00 AM

Wednesday

11:59 PM

10

50

Thursday

12:00 AM

Thursday

11:59 PM

10

50

Friday

12:00 AM

Friday

11:59 PM

10

50

 

NOTE: Only a maximum of 10 votes will be allowed per day per Mobile/Landline, per Voting Cycle.

Only a Maximum of 50 votes will be allowed per day per login, per Voting Cycle. Any number of votes cast including during the Voting Cycle, exceeding the limit mentioned hereinabove, will not be valid and shall be rendered null and void.

12. Votes sent after the Period and/or after the applicable Voting Cycle as tabulated in clause 11 of Principal Rules, will not be considered valid and shall be deemed null and void without requirement of any further intimation by ASCPL or the Channel. ASCPL/Channel reserves the right to alter/modify/ reduce or increase the duration of the Voting Cycle as and when it desires without any further liability or notice to any person.

13. Every week, the Shortlisted Participant with the lowest number of votes will get eliminated from the Program and other remaining Participants will be eligible to continue in the house, in accordance with the format of the Program. It is further clarified that the elimination is purely based on the Cumulative of votes received through the Voting Mechanism, as set out herein. In no event, shall the Participants, the Shortlisted Participants, or the Viewer(s) dispute the decision made by ASCPL and/or the Channel or make any claims in this respect in regard to any aspect of the Program and/or the Voting Mechanism including the Terms and Conditions, the format of the Program, selection of the Shortlisted Participants, the Shortlisted Participant being evicted on the basis of the votes received, or any remaining Participants surviving the elimination.

14. ASCPL and/or the Channel reserve the right to modify the format of the Program, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program or at any time during the Period. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time available on the Website. 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 Participant(s), the decision of ASCPL and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and/or challenged in a court of law, to the extent permissible under law.Without limiting the foregoing, under no circumstances will ASCPL, Channel, its assigns and/or affiliates be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, arising in any way whether in contract, tort (including negligence) or otherwise. The Viewer specifically waives his/her right to seek injunctive relief against ASCPL, the Channel, its assigns and/or any of their affiliates or any entity in relation to the Program, and/or the Voting Mechanism, to the maximum extent permitted by law;

15. The details of the Voting Mechanism will be announced during the telecast of the Program on the Channel.

16. The Viewer(s) can cast their votes for only those Shortlisted Participant(s) of the Program who have participated in that particular Day/Episode. Any votes sent by the Viewers for the Shortlisted Participants who were not a part of that particular Day/Episode due to elimination or not shortlisted for any other reason whatsoever, shall not be considered valid and shall be null and void. Further, any votes cast before or after the Voting Cycle mentioned in the ‘Voting Mechanism’ shall not be considered valid and will not be counted.

17. The voting is merely to enable the Viewers to choose their favorite Participant or to vote for the performance of a particular Shortlisted Participant that they have liked. No winners will be declared and/or prizes distributed for the Viewers participating in the Voting Mechanism. Each Viewer participating in the Voting Mechanism agrees and acknowledges that he/she shall not be entitled to any gratification of any nature whatsoever. Viewers shall not be entitled to make any claims in respect of any compensation or gratification whether monetary or otherwise against the Channel, ASCPL and/or the Program or entity in relation thereto.

18. The elimination of the Shortlisted Participant by the Voting Mechanism and/or the decisions made by ASCPL and/or the Channel in any aspect of the Program/Voting Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewers dispute the decision made by ASCPL, Channel and/or its employees/representatives in connection to the same.

General Rules

 

1. The Viewer by way of voluntarily participation in the Voting, represents and warrants that he/she has read these Terms and Conditions and that he/she is 18 years old or above. The Viewer further represents and warrants that (i) he/she is not restricted from or under any disability, whether legal, contractual or otherwise which may restrain/prevent him/her from participating in the Voting Mechanism; and (ii) he/she shall comply with the applicable laws and these Terms and Conditions and the Policies. Failure of any Viewer to comply with the Terms and Conditions and/or the Policies will disqualify such Viewer from participating in the Voting Mechanism and/or render the vote cast by such Viewer null and void.

2. Proof of age, if requested, of the Viewer(s) must be submitted to ASCPL as may be required by ASCPL to confirm the eligibility of the Viewer(s).

3. ASCPL and/or the Channel reserves all rights to make amendments to the existing Terms and Conditions, and/or withdraw, change, alter, amend the Voting Mechanism, process of elimination including any Shortlisted Participants for a Voting Cycle, the schedule of the Episodes of the Program and/or, Participants of the Program and/or any other details of the Program, Terms and Conditions, Period and/or Program etc., at any time, without any prior notice to the Viewer. It is deemed by agreeing to participate in the voting, the Viewer has verified the Terms and Conditions on ASCPL’s Official Website at https://www.startv.com/legal-terms-policies/#wpp

4. ASCPL reserves the right to cancel, reschedule, and/or postpone the Program and/or the Voting Mechanism for any or all Episodes without assigning any reasons and/or without giving any prior intimation or liability to the Viewers or any other person.

5. 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 of vote.

6. Viewer(s) agree and acknowledge that there is no prize/gratification in voting for the Shortlisted Participant as detailed herein. Viewers shall not be entitled to make any claims in respect of any compensation or gratification whether monetary or otherwise, against the Channel, ASCPL and/or the Program.

7. 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 ASCPL and/or the Channel.

8. In case a Viewer(s) is found to be in non-conformance of the Voting Rules, then ASCPL will be entitled to at its sole discretion disqualify the 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.

9. Neither ASCPL nor the Channel or any of its affiliates including Hotstar shall be responsible in any manner whatsoever for any acts or omission of any third party service providers including anynetwork problems, technical failures, interruptions, disruptions, malfunction, system failure whatsoever and/or the data charges/costs charged by the network operator(s) and/or any other problems which may occur due to the failure of the Voting Mechanism or misuse of the Voting Mechanism or any kind of problems in connection thereto. Any dispute in connection to the same should be settled between the Viewers/subscribers and the operator(s) directly without involving ASCPL and/or the Channel in any manner. Notwithstanding anything to the contrary, ASCPL and/or the Channel and/or Hotstar shall in no manner be responsible for the inability, failure of the Viewer to cast any vote or delay in casting of any vote, for any reasons whatsoever, including without limitation network failure, technological reasons or any events beyond ASCPL’s/Channel/Hotstar’s control. Viewers shall not in any circumstances make any claims and, to the maximum extent permissible under law, hereby irrevocably and perpetually waive their right to make any claim against ASCPL, 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 the Voting Mechanism/Show;

10. Neither ASCPL nor the Channel or any of its affiliates including Hotstar shall be responsible for any unauthorized access to any data of any person including any Viewer and/or for any compromise on private / confidential user related, or any other data, including but not limiting to user ids, email address, names, and any other personally identifiable details of the Viewers.

11. Without limiting the provisions of clause 2 of these General Rules, in case of any network failure, technical problem and/or for any reasons whatsoever, ASCPL reserves the right to change the Voting Mechanism or any aspect thereof, and/or cease from accepting votes of the Viewers for any and/or all the Episode(s)/Voting Cycle(s) of the Program, or take such necessary steps as it may deem fit.

12. While all attempts will be made to protect the voting data from loss and/or corruption, Viewers agree and acknowledge that all systems are prone to failure and/or hacking attempts. In the event of any data loss, ASCPL may disqualify all the votes received or conduct a re-voting or continue with whatever data available in the manner it deems fit, at its sole discretion without any intimation or liability to any person whatsoever. ASCPL will not be responsible for any damage resulting from the loss of votes/data or action taken by ASCPL on account of the same. ASCPL will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss. The Viewer shall not and, to the maximum extent permissible under law, hereby irrevocably and perpetually waives its right to make any claim, raise any dispute, and/or hold ASCPL, Channel, its affiliates liable for any costs, injuries, losses or damages arising out of any unauthorised loss of any data/votes for any reason whatsoever.

13. ASCPL will not permit or entertain any requests or claims to check / audit / challenge the counting, mechanism or part thereof, including any rationale or logic behind the current Voting Mechanism

14. ASCPL and/or the Channel reserve the right to suspend any of the Participants in case it has reasonable grounds to conclude that the Participants have been accused of any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which the ASCPL and/or Channel may deem to be tantamount to general misconduct. Such Participants may be disqualified at any time from the Program irrespective of them being Shortlisted Participants for the Voting Mechanism or not.

15. Upon the Viewer’s voting for the favourite Shortlisted Participant, the user ID and email ID or phone number from which the Viewer(s) has voted during the Voting Cycle would get registered with the respective network provider(s) who will collate the total number of votes received for each Shortlisted Participant and send the same to the audit committee as engaged ASCPL/Channel and the final data will be received by ASCPL/the Channel and as per the results shared by the audit committee, the evicted Participant shall be declared. By participating in the Voting Mechanism, the Viewer also represents that the Viewer is the owner or customary user of the mobile phone number from which he/she has placed the call. The Viewers hereby expressly consent to the sharing of their user and email id(s), phone number(s), as per the Voting Mechanism used by the Viewer, with the audit committee engaged by ASCPL and/or the Channel in its discretion. By participating in the Voting Mechanism, the Viewer has authorized ASCPL, to contact the Viewer through email, automatic telephone dialing systems, automatic texting systems and artificial or pre-recorded messages, including without limitation IVR’s and hotlines including in relation to promotion of the Program.

16. Warranty Disclaimer: The Viewer(s) agree that their participation in the Voting Mechanism is at their own risk. To the fullest extent permitted by law, ASCPL, Channel, their its affiliates, and each of their respective officers, directors, employees, third party service providers, and agents disclaim all warranties, express or implied, in connection with the Voting Mechanism, including warranties in respect of fitness for purpose.

17. The Viewer(s) agrees that he/she shall hold harmless and hereby irrevocably and unconditionally releases the Channel, ASCPL, its employees, officers or any other person or entity connected with the Program, the Voting Mechanism, in relation to any injury/damage/harm/loss suffered by him/her, in any manner, whatsoever in connection with the Voting Mechanism or any aspect of these Terms and Conditions, and, without prejudice to the foregoing, to the maximum extent permissible under law, expressly agrees to not file in person/ through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum anywhere in the world against any sponsor of the Program, and/or the Channel and/or ASCPL, or any of their employees, representatives, any person or entity connected with the Voting Mechanism or the Program, to claim any damages or reliefs’ or otherwise. If the Viewer(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding votes will be disqualified.

18. The Channel and/or ASCPL 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 any person, including the Viewer/voter in any manner whatsoever, in connection to the Program, Voting Mechanism and/or any aspect related thereto.

19. ASCPL and/or the Channel reserves the right to disregard the vote(s) in the event ASCPL/Channel observes any irregularity in the voting pattern of the vote(s) sent by the Viewer(s) and/or if ASCPL/Channel in its knowledge has reason to believe that any Viewer(s) has acted in a fraudulent manner and/or engaged in any deceitful activity in sending the said vote(s). ASCPL and/or the Channel has the right to substitute an alternative voting method at its sole and absolute discretion.

20. The elimination of the Participant(s) and/or any other decision(s) made by the Channel and/or ASCPL regarding the Program and the Voting Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewer(s) dispute the decision made by ASCPL, Channel and/or its employees/representatives in connection to the Program, the Shortlisted Participants, the Participants, the Voting Mechanism, or any part thereof.

21. Other third party websites may provide information in relation to the voting process, timelines or any other information which may appear relevant to the Program, however, the content on such websites is not subject to the control of ASCPL, and the owners of such third party websites, may be independent from ASCPL. ASCPL does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewers basis such information.

22. Viewer(s) shall not attempt to transmit any unauthorised content including but not limited to services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters. Viewers shall not in any manner transmit or attempt to transmit any content that is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

23. By voting and/or proceeding to participate in the Voting Mechanism it is deemed that the Viewers have read, understood, accepted and unconditionally and irrevocably agreed to abide with all the Terms and Conditions of the Voting Mechanism and other Policies.

24. The Viewer(s) agrees and acknowledges that nothing contained herein or otherwise, imposes an obligation on ASCPL and/or the Channel to run the Voting Mechanism.

25. By participating in the Voting Mechanism, each Viewer acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with these Terms and Conditions, 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 participating in the Voting Mechanism (if any). Notwithstanding the foregoing, under no circumstances will ASCPL and/or the Channel and/or Hotstar, or any of their employees, officers, directors, representatives, 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.

26. Each Viewer hereby acknowledges and agrees that the relationship between the Viewer and ASCPL, Channel, and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

27. Each Viewer acknowledges that in case the performance of the Voting Mechanism and/or any provisions of these Terms and Conditions cannot be fulfilled due to war, industrial action, flood or any Act of God or any reasons beyond the control of ASCPL or the Channel, 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 or more, then ASCPL shall be at liberty upon its sole discretion to terminate the Voting Mechanism forthwith without any intimation or liability to any person, and such decision shall be final and binding.

28. In case any portion/clause of these Terms and Conditions are deemed invalid or becomes unenforceable or prohibited by the law of the country or any order of a court or judicial/regulatory authority, such portions shall be considered divisible, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision were not included herein.

29. Notwithstanding anything to the contrary, ASCPL and/or the Channel makes no representation and/or warranty regarding the Program, the Voting Mechanism, and hereby expressly disclaims all representations and warranties, expressed or implied including warranties of fitness for a purpose.

30. The Viewer(s) agree that the Viewer shall have no right and to the maximum extent permitted by law hereby expressly, perpetually, and irrevocably waives any right to restrain or injunct or enjoin, or attempt to restrain or injunct or enjoin, the development, production or exploitation of the Program and/or the continuance of the Voting Mechanism.

31. These Terms and Conditions, and the Policies, shall constitute the entire agreement between ASCPL, the Channel, and each Viewer with respect to the subject matter contained herein, superseding any prior agreements between ASCPL, the Channel, and the Viewers regarding the same. The Viewer acknowledges that the representations, warranties, indemnities, governing law, dispute resolution, warranty disclaimer, exclusion of damages, and all waivers by the Viewer, shall survive the efflux of time.

32. All and any costs direct and/or indirect, in relation to the participation in the Voting Mechanism, shall be borne by the Viewer and in no manner whatsoever shall ASCPL and/or the Channel, be responsible or liable for the same. The Viewer hereby agrees to indemnify ASCPL, the Channel, its officers, directors, representatives, and employees, from and against any claims that may arise from their acts or omissions while participating in the Voting Mechanism.

33. These Terms and Conditions shall be construed in accordance with the laws of India, notwithstanding the conflict of laws principle, and any dispute or any other matter arising in reference to any aspect of these Terms and Conditions including the Voting Mechanism, shall be subject to the exclusive jurisdiction of the Courts in Chennai.

Kanna Paatu Paada Aasaya

Terms & Condtions

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 titledKanna Paatu Paada Aasaya Contest(‘Contest’) which will be hosted by Asianet Star Communications Pvt. Ltd. (“Star / ASCPL/ Company”) on vijay.startv.com (collectively referred as “Website/ Platforms”) for the purpose of promotion and viewer engagement of its channel ‘Vijay Music “ (“Channel”) and its programs (“Vijay Music Programs”). 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.

ASCPL 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/ Platform, unless otherwise mentioned. The Participants are encouraged to re-visit the Website/ Platform 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 ASCPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). ASCPL is committed to protecting the privacy and the confidentiality of the Personal Information received. ASCPL uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information in dealt in the manner laid down in the Privacy Policy of ASCPL 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”)..

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 ASCPL 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.

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

Principle Rules

1. ASCPL shall announce and market the Contest on its social media platforms/pages of the Channel on Facebook, Twitter and Instagram,

2. The Contest will commence on 22nd October at 00:00 hours Indian Standard Time (IST) and will end 31st January 2021 at 23:59 hours IST (“Period/ Contest Period ”) on the Platform. For sake of clarity it is clarified that the Contest Period shall (save and except the Fortnightly Period no 1 which comprises of 18 (eighteen) days) consist and be further fragmented into a period of 14 (fourteen) days each commencing from Monday of one particular week and ending on Sunday of the subsequent week , each such14 (fourteen) days period hereinafter individually referred to as “ Fortnightly Period”, for example (i) Fortnightly Period no.1 starting from 22th October to 8November 2020 ; (ii) Fortnightly Period no.2 starting from November 9 to 22nd November; (iii) Fortnightly Period no.3 starting from 23rd November to 6th December; (v) Fortnightly Period no.4 starting from 7 th November to 20 December; (vi) Fortnightly Period no.5 starting from 21st December to 3rd January 2021 . ASCPL reserves all rights to make amendments to the Period and/or Terms and Conditions and/or such other terms and conditions stated herein, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions for the Contest on the Platform from time to time. ASCPL also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).

3. To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period/ respective Fortnightly Period :

· log in to the Platforms and click on the relevant page/tab of the Contest on the Platforms or in any other manner or form as may be prescribed /requested on the Platform.

· Upon entering into the relevant page/tab of the Contest on Platform ,a List of Tamil songs (drop down) shall be displayed (“Songs ”) . For avoidance it is clarified that these Songs shall be subject to refresh and change on a fortnightly basis during the respective Fortnightly Period. It is further clarified that the Participant is solely responsible to keep himself / herself updated on the applicable Songs to be used for the purposes of the Contest on a fortnightly basis by visiting the Platform and checking them from time to time during the Fortnightly Period .For the purposes of participating in the Contest , submitting his / her Video / Entry (as defined below) and being entitled to the Gratification (as defined below) , the Participant shall be mandatorily required to select any 1 (one) of the Songs displayed on the Platform during the respective Fortnightly Period in the dropdown In the event the Participant selects and /or uses any song, other than the Songs displayed on the Platform during the Fortnightly Period in his / her Video and /or selects one Song but uses another Song in his / her Video , then the Company has the sole right to disqualify such Entry / Video from further participation in the Contest without any claim or protest from the Participant .It is further clarified that the Company shall be free and entitled to extend or reduce this Fortnightly Period as it may deem fit without any objection from the Participants.

  • Thereinafter a registration form shall be displayed and the same is required to be filled by the Participant(s) who shall fill in all the relevant and necessary details as stated and enumerated therein The Participant(s) shall submit the following personal details of the Participant including but not limited to full name, gender, age, address, , nationality, city of residence, name of the Song selected and being used in his / her Video, registered mobile number(s and/or any other information/documentation as sought by the Company, at its discretion during the Contest Period (“ Personal Information”) in a manner and form, as requested and /or prescribed on the Platform. Post submitting the Personal Information in the registration form as mentioned above on the Platform by the Participant, the Company will send an OTP (One Time Password) to the registered mobile phone number to authenticate and verify the validity of the registered mobile number submitted by the Participant(s) as part of his/her Personal Information. The Participant(s) will be required to mention the OTP received on their registered Mobile Number within the permitted time as mentioned therein on the Website, post which, the Participant(s) will be able to proceed further with the registration process. In the event the Participant fails to verify /authenticate the validity of his/her mobile no or validate the OTP during such mobile verification by the Company, the mobile no. shared by the Participant is found to be false and /or unauthenticated and /or fabricated and /or the said mobile no. not registered in his / her name , then the Company shall have the right to forthwith disqualify the Participant from further participation and his/her Entry shall immediately be considered to be null and void.Further if during such verification by ASCPL ,the registered mobile number shared by the Participant is found to be false and /or unauthenticated and /or fabricated ,then STAR shall have the right to forthwith disqualify the Participant from further participation and his /her Entry shall immediately be considered to be null and void .
  • The Participants shall then upload their videos on the Platform(s) in the manner provided below:
  • Video Upload Functionality :

i. the Participant(s) shall upload and /or submit one (1) video in MP4 format of him /her singing any 1 (one) of the Song as displayed on the Platform during the respective Fortnightly Period , each video comprising of a minimum duration of 60 (sixty) seconds and maximum duration of 300 ( three hundred ) seconds (hereinafter referred to as “Video(s)”) on the Platform. It may be clarified that Videos uploaded in any other format other than that prescribed or having an unclear audio or video will be deemed invalid and will be disqualified. The Video shall be uploaded by the Participant afresh on the Platforms as per the terms stated therein and not through any third party links or applications such as YouTube, Dubsmash, etc.

ii. For purposes of the Contest, “receipt” of Video or Entry ( as defined below) occurs only after submission of OTP and completion of the verification process and when the Platform(s) server records receipt of the Video upon the participant clicking “Submit/Post/Upload” button and the Video appears on the tab page of the Contest on the Platform. It may be clarified that ASCPL shall not separately notify any Participant in respect of acceptance/due submission of the Video(s) uploaded.

iii. For the Purposes of this Contest and qualifying for the Gratification (i) Logging onto the Platform in the manner as stated hereinabove (ii) being a resident of India aged eighteen (18) years or above during the Period of the Contest (iii) furnishing the Personal Information in the mode and manner as prescribed, (iv) mandatorily selecting a Song from the drop down list displayed during the respective Fortnightly Period and mandatorily uploading the Video using the pre- selected Song only ( as per the terms set out herein) on the Platform and completing the authentication process for verifying his / her registered mobile number in the manner as set out herein, shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Video on the Platform with a different song not part of list of Songs displayed on the Platform during the corresponding Fortnightly Period and /or Contest Period and /or with a Song which is different from the Song that was pre selected by him / her in the earlier stage or if the Participant is not resident of India or is a minor, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible to be shortlisted for the Gratification (as defined below). The Participant(s) agrees and acknowledges that by submitting the Entry and /or Video the Participant(s) is representing that the Entry(s) and /or Video or contents thereof are not confidential or comprise any sensitive personal information.

iv. It is further clarified that one Participant can upload Videos / Entries only once through his/her single registered mobile number forming part of the registration form and that Only Entries submitted during the respective Fortnightly Period of the Contest Period shall be considered for the purpose of the Contest;It is further clarified that if the Participant has already registered and submitted same Entries (as defined below) and /or uploaded same Video(s) on the Website multiple times through a particular registered mobile numbers and/or registered and submitted different& multiple Entries (as defined below) and /or uploaded different& multiple Video(s) ( each featuring & using different Songs belonging to the respective Fortnightly Period , then only the first Entry from that particular registered mobile number shall be considered and all subsequent Entries and /or Video(s) shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Contest. Additionally, it is clarified that a specific Participant cannot register and submit same Entries (as defined below) and /or upload same Video(s) on the Website through multiple registered mobile numbers. In such cases only the first Entry submitted by the Participant through a particular mobile number shall be considered and the others shall be deemed invalid.

v. The Participant hereby represents, covenants and declares that (i) the Video is original and is performed by the Participant (ii) the Video 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 (iii) that he/she fully owns and controls all rights and interests including all intellectual property rights in the Video(s) and that no other person or party has right or interest in the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Video(s) shall not expose STAR to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Video(s) are not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Video(s) to the prejudice of any rights granted to STAR hereunder (vii) the Video(s) is not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Video(s) by Star for the purpose of the Contest have been secured by the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to Star. In the event the publishing of the Video(s) 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, the respective Platforms and/or STAR shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Video(s) or reject the Video(s) altogether, and the Participant agrees not to object to the same. The Participant(s) 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 theVideo. The Participant agrees and undertakes that the Video submitted by him/her for the purpose of the Contest is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.

vi. Star 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 Entry/Video and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate Personal Information, Video(s) not in the required format as prescribed herein or which consist of content which is offensive or abusive or blasphemous or copied will be considered invalid, shall be considered null and void and will be disqualified from participating in the Contest.

vii. The Participant(s) agrees and consents to the use by STAR of the Video forming part of the Entry on the Platforms, any other social media page of STAR or on any media or platform as STAR may deem fit for the purpose of promotion of the Contest and Gratification ( as defined below). Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby assigns in favour of STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis ,all Intellectual Property vested in the in the Entries including the Videos forming part of it, to Exploit the Videos in any manner deemed fit by STAR at its discretion including but not limited to any other social media platform page of STAR, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for the Gratification and /or any promotional purposes towards the Contest, as deemed fit by STAR. The Participant agree and acknowledge that the Channel /STAR shall have the sole and exclusive right to edit, alter, modify and or use any Videos 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 Contest and /or Gratification or any ancillary event related to the Contest .

viii. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Rules and Regulations. The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Video or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Video uploaded and submitted by the Participant(s) in any manner whatsoever. The Participant(s)/ Winner(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or Video at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Video and /or Entry including the modified videos in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Video in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Video including rights in any form of intellectual property and rights in any form of exploitation will be owned by STAR throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Video and /or Entry and /or modified video by STAR or any third party authorized by STAR, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.For the purposes of this Contest, “Exploitation” shall mean 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 Video(s) 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.

ix. During the Period , at the end of the respective Fortnightly Period on the basis of the Participant(s) having made a valid Entry, all the Video(s) uploaded on both the Platform and fulfilling the criteria set out herein shall be collectively viewed and rated by a panel comprising of the representatives of Star as determined by Star in its sole discretion., STAR shall shortlist Videos / Entries . This panel shall rate these shortlisted Video(s) on the basis of the performance, screen presence , Video quality ,grace, singing talent and voice quality of the Participant and /or any such other criteria as may be solely determined by Star at its sole discretion and accordingly shortlist Participants. Out of these shortlisted Participants, STAR shall, based on the criterion mentioned hereinabove at its sole discretion, select and declare the 30(thirty) top best rated Videos from the Videos uploaded during the corresponding Fortnightly Period (“Top30”). . The Participants by whom Top 30Videos are uploaded shall be collectively referred as the “Winners”. The Winners shall be entitled to gratification in the form of having their winning Entries / Videos telecast / broadcast on the Channel anytime during the subsequent Fortnightly Period and /or Contest Period (“ Prize/ Gratification )

4. The final selection of the Winner(s) shall be made by STAR and shall be final and binding on the entire Participant (s)/Winners and in no event shall the Participant (s)/Winner(s) dispute the decision made by STAR or its employees in connection to the Entry/ nd /or the Contest and/or the Prize. 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, and/or the Prize, the decision of STAR shall be final and binding. It is further clarified that Star shall be free and entitled to at its sole discretion , either increase or decrease the number of Winners declared as part of this Contest without any objections from the Participants .

5. The Participants/Winner(s) shall not in any circumstances make any claims against STAR 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.

6. The Participants/Winner(s) shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the on which this Contest is hosted.

7. 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 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.

8. STAR reserves the absolute right and discretion to reject any “Entry/Video” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if STAR:

a. receives any notice or complaint relating to the Entry/ Video not being compliant of the Rules and Regulations including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;

b. Participant further agrees and undertakes that he /she shall not upload, or submit any video that:

· belongs to another person and to which the Participant does not have any right to;

· 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;

· 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 Video or communicates any information which is grossly offensive or menacing in nature;

· impersonates another person;

· 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.;

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

The decision of STAR in this regard shall be final and binding upon the Participant(s)/Winner(s).

9. Neither STAR and/or Channel nor its employees have given a guarantee regarding the quality of the Prize and /or and the Winner(s) and /or agree not to hold STAR and/or the Channel and its employees, responsible with regards thereof.

10. 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 below and has agreed to abide by the same.

11. 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, be responsible for the same.

12. Irrespective of whether the Participants have been disqualified and /or their Videos have not been shortlisted by the panel of STAR, STAR shall continue to have the right to Exploit and /or publish the Videos submitted by the Participants on any platforms owned by STAR worldwide in perpetuity without any objection or claims from the Participants

13. For avoidance of doubt it is clarified that the final selection of the Winners made by Star shall be final and binding on all the Participants and in no event shall the Participants dispute the decision made by the STAR or its employees. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning shortlisting of Videos to qualify for the Contest, the decision of STAR shall be final and binding.

General Rules

1. Employees of ASCPL and /or Channel 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 Tamil or English; are ineligible to participate in the Contest.In the event of any fault, ASCPL shall be final.

2. The entry process is strictly open to Participant(s) residing in India only during the Contest Period of the Contest and of the age of 18 (eighteen) years and above only. 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. If required by the Company ,Proof of age, of the Participant(s) in the Entry must be submitted (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) or any documentation as may be required by STAR to confirm the eligibility of the Participant(s). STAR 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) at any point in time during the Contest Period.The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR in relation to the Contest. The Winner(s) represents and undertakes to execute and produce such further documents as may be required by STAR a in relation to availing the Gratification herein.

4. Each Participant(s)/Winner(s) consents to the use of Personal Information submitted by the Participants)/Winner(s) including the Entry/Answer for the purpose as set out in these Terms and Conditions .

5. ASCPL 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).

6. ASCPL shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to Platform , 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 ASCPL.

7. In case of any telecom and /or network failure and /or technical failure /breakdown on the Platform and /or technical failure in submitting the Video(s) and/or for any reasons whatsoever, STAR reserves the right to at its sole discretion to change the Platform and /or the mechanism for submitting the Video(s) and /or cease from accepting such Video(s) of the Participants in any manner it may deem fit and necessary. In such event, STAR shall be entitled to exercise the option of putting the Contest and /or the selection and declaration of Winner(s) in abeyance, as it may deemed fit at its discretion . In addition STAR shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in either of the Platforms’ mechanism for submitting the Video(s) including without limitation system/failure on the Platform ,logging on the Platforms 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.

8. Participant(s) shall not in any circumstances make any claims against STAR 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 Videos will be disqualified.

9. The Prize/ Gratification cannot be transferred, negotiated, refunded or exchanged for money etc. For the sake of clarity, there shall be no other gratification monetary or otherwise other than that stated herein .

10. STAR shall not be responsible for any Entries/ Video(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

11. STAR reserves the right to forfeit the Prize in the event it is found by STAR India or STAR has a reason to believe that any information provided including Personal Information by the Winner(s) is wrong, fraudulent or any misrepresentation is made by the Winner(s). STAR 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 that person. Such decision of STAR shall be final and binding.

12. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of STAR India the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid (eg. cancellation/postponement of the event), STAR shall not be held responsible and/or liable for the same.

13. STAR 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.

14. The Winner(s) of the Contest agrees that he/she shall make himself/herself unconditionally available from time to time and co-operate with STAR and participate in any activity and/or campaign (if applicable)(" Promotional Activity") of any nature whatsoever in respect of the promotion of the Contest and /or Channel and .or Vijay Music Programs without any money payable to the Winner(s). Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) agrees that the footage of any nature with regard to the Winner(s) 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 may exploit the same in any manner and in any media whatsoever at any time throughout the world.

15. 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 Contest and /or Channel and .or Vijay Music Programs.

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 in any manner whatsoever to the extent permissible under law.

17. All and any incidental costs direct and/or indirect, in relation to the Prize, if applicable 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(s).

18. 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 sms mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/ Video(s)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.

19. STAR 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.

20. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify STAR, 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 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).

21. Each Participant(s)/Winner(s) hereby acknowledges and agrees that the relationship between the Participant/Winner(s) Winner and STAR and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

22. The Participant(s)/Winner(s) 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 Rules and Regulations and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then STAR shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner(s) Winner forthwith and such decision shall be final and binding.

23. 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 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.

24. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Video, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

25. The Participant(s)/Winner shall comply with the laws of India.

26. 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 Winners and/or Prize and/or the Contest 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 Chennai , 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.

27. Subject to the provision of 26 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 Chennai, India.

Happy Birth Day Makkals

Terms & Conditions

The following Principal and General rules are the rules and regulations (“Rules and Regulations”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the “ Happy Birth Day Makkals” (hereinafter referred as ‘Program’) which will be hosted by Asianet ASCPL Communications Pvt Limited (“ASCPL ”) on its television channel “Vijay Music”( hereinafter collectively referred to as “Channel”). The Program provides an opportunity to the shortlisted Participant/s to convey the birthday wishes to their relatives, friends, loved ones etc on the Channel on the date of their birthday.

The participation in the Program shall be governed by the Terms & Conditions and all the Participants in the Program 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 Program. The decisions of ASCPL for all matters relating to the Program shall be final and binding in all respects.

ASCPL 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 Program shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defence in any proceeding with regard to the Program.

To participate in the Program, the Participant may be required to disclose his/ her personal information to ASCPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). ASCPL is committed to protecting the privacy and the confidentiality of the Personal Information received. ASCPL uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information in dealt in the manner laid down in the Privacy Policy of ASCPL available at http://www.startv.com/legal-terms-policies/#Program-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 Program shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of ASCPL 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 Program. The Program shall be governed by the Terms and Conditions and all the Participants in the Program 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 Program gathered under or pursuant to this Program by ASCPL (if any)

 

PRINCIPAL RULES

(I) Program Timings

The Program will be telecast on the Channel daily from 9Am to 11Am

(II) Eligibility:

 

(a) The Program is open only to persons who are the citizens of India and shall be of 18 years of age and above.

(b) Permanent and/or contract employees and directors of ASCPL, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “ASCPL Entities”) and each of their immediate family members are not eligible to enter the Program.

 

(III) Term of the Program

The Program will start from 9th October,2020 and end 31 st December 2020. The Term may be extended or reduced at the discretion of ASCPL

 

(IV) Compilation period:

The Entries for the Program will be consolidated on a weekly basis. Hence the Participant/s will have to submit his/her Entry during the previous week of the actual birthdate.. For example, for a birth date that falls during the week of 27th September (Sunday) 2020 – 3 rd October (Saturday) 2020 then they will need to submit their entry on any day between 20th September (Sunday) 2020 to 26 th September (Saturday) 2020

 

(V) Procedure for Participation / Entry Process

For participating in the Program the Participant/s have to submit their Entry (defined below) in the following manner.

- ASPL will release promos on the Channel inviting the interested people /Participants to visit the website vijay.starttv.com (“ Platform”) to Entry the birthday wishes to their relatives, friends, loved ones etc

- Once the Participant/s log on to the Platform there will be an icon leading them to Vijay Music sub-page

- Under Vijay Music sub-page there will be 3 sections one of which will be #HBD Makkals

- Participant is required to choose the #HBD Makkals tab

- Terms and Conditions will first appear in the #HBD Makkals tab and the Participant will have to accept to these Terms and Conditions to proceed with the Entry.

- After accepting the Terms and Conditions, a form will be opened which contains the following details:

a. Name of the Participant

b. Mobile number of the Participant

c. City name / location

d. Name of the person he/she (Participant) would like to wish / dedicate

e. City name / location of the person they would like to convey birthday wishes

f. Relationship with that person

g. Birth date (month and day only)

h. Birthday Message – a personalized text message wishing their loved ones

i. Video GIF of the user (the record option will be available on the Platform).

( A video recorder will be embedded on the Platform and the Participant (s) will have to press the record button and once he/she clicks on that button it will be considered as his/her acceptance for accessing their devices camera. The camera will open up and the Participant will need to again press the record button and record his / her video for 5 seconds. This 5 seconds video does not record any Audio and it is just like GIF. Once recorded the Participant will need to upload the video and submit)

2. After filling up the form with the aforesaid details, the Participant/s have to confirm by giving a tick mark to the self declaration and Personal Information boxes that the Participant needs to check / accept before submitting the Entry

3. Once the Participant/s submit the Entry, he/she will see a message which would thank him/her for sharing the details and continue to watch the Program on the Channel to see if his/her Entry is shortlisted.

4. For sake of clarity, Logging onto Platform, entering into the #HBD Makkals Tab, furnishing the personal information in the form, posting birthday message along with GIF Video and submitting the same in the manner stated herein above, shall be considered as a complete and valid entry (“ Entry”). For the avoidance of doubt, if the Participant(s) fails to provide the required details in the form or fails to provide the birth message or upload the video GIF or is not resident of India and 18 and above years of age, then his/her Entry shall be considered incomplete and the same shall not be considered for shortlisting. The Participant (s) agrees and acknowledges that by submitting the Entry and /or video, the Participant(s) is representing that the Entry(s) and /or video or contents thereof are not confidential or comprise any sensitive personal information. It is further clarified that the Participant(s) cannot make (a) blank video (b) offensive / abusive video (c) same video more than once (i.e., making the same video many number of times in order to be shortlisted. Any Entry comprising of such videos shall be considered null and void and shall not be shortlisted

Each Participant(s) consents to the use of information submitted by the Participant(s) including the video for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use of the Entry including video by ASCPL as it may deem fit for the purpose of promotion of the Program. Towards this effect and in consideration of being afforded an opportunity to participate in the Program, the Participant(s) hereby grants to ASCPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Entry including the video forming part of it, to utilize the Entry in any manner deemed fit by ASCPL, including, inter alia, in a digitally modified format, including on the ASCPL’s Facebook Page and/or any other social media platform page of ASCPL, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Program, as deemed fit by ASCPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s) waives off his “Moral Rights” with respect to the Entry including the text and/or the video or any part thereof as required. The Participant agrees and authorizes ASCPL to digitally modify, edit, truncate, the video submitted by the Participant(s) for the purpose of creation of Modified Picture (s) as set out below. The Participant(s) undertakes not to create any lien, charge, or other encumbrance, on the Entry at any time without the prior written consent of ASCPL. The Participant agrees that ASCPL shall be entitled to exploit the Entry including the Modified Picture (s) in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Entry in any manner deemed fit by ASCPL in its sole discretion. It is agreed that all rights, title, and interest in the Entry along with the video including rights in any form of intellectual property and rights in any form of exploitation will be owned by ASCPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Modified Picture(s) by ASCPL or any third party authorized by ASCPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.

(a) The Participants shall ensure that the submitted Entry including the video forming part of it is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including rights in any form of intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —

(i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous 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 whatsoever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights;(v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) 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 to any other nation. For the avoidance of doubt, the Participant(s) agrees that ASCPL has the right to remove any such material/Entry which may not be in consonance with the applicable laws.

(b) The Participant(s) further represents and warrants that the Entry being submitted by him/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the video as part of the Entry. In addition, the Participant(s agrees to indemnify and hold harmless ASCPL from and against any suit/litigation/injury/damage/harm/loss suffered by ASCPL in connection with the same

(c) Participants may send as many Entries as they desire but only Entry(s) received before the close of the Program Period shall be considered valid for the Program. Participant(s) agrees and understands that submission of more than one Entry shall not result in a higher chance for the Participant(s) to get shortlisted . Participant agrees to not spam and make the same Entry multiple times. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Program.

(d) The Entry should state all the required information asked from the Participant(s) in the form and/or in these Terms and Conditions. If the same is not complied with, then the Entry will not be considered for shortlisting

(e) ASCPL shall not be responsible for any entries submitted but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.

(VI) Shortlisting Process :

a. The Entries will be shortlisted on the first come first on time stamp basis. All the valid Entries received in a week will be shortlisted at the end of the week basing on the time and date of receipt

b. There will be a maximum of 200 Entries that will be shortlisted every day for telecast in the Program.

c. For avoidance of doubt it is clarified that ASCPL’s decision in regard to the shortlisting of the Entries shall be final and binding. For the sake of clarity, mere participation in the Program does not entitle the Participant(s) to be shortlisted for telecast. Only the Participant(s) having made a valid Entry and whose Entries are Shortlisted based on the criterion mentioned hereinabove, by ASCPL at its discretion shall be entitled to be shortlisted.

d. By way of reiteration, it is further clarified that save and except the conveying birthday wishes on the Channel, the Shortlisted Participant(s) shall not be entitled to any other form of gratification (monetary or otherwise). Entry(s) made after the Compilation Period will not be considered for the Program and shall be deemed null and void.

(VII) Communication to the Participant(s)

 

No communication will be sent to the Participant of the shortlisting of his/her Entry for telecast. The participant (s) have to keep on watching the Channel on the date of birthday to know whether his/her Entry is shortlisted.

(a) All decisions of ASCPL shall not be subject to any appeal of any nature whatsoever. Participation in the Program shall be construed to mean that the Participant(s) has waived his/her right to dispute any decision(s) made by ASCPL in relation to the Program and/or Shortlisting to the extent applicable under law.

(b) The Shortlisted Participant(s) shall not in any circumstances make any claims against the ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the participation in the Program or any related activity, to the extent permitted under law. If the Shortlisted Participant(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding..

(c) If ASCPL so elects, the Shortlisted Participant(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the Shortlisted Participant(s) will not bring ASCPL Entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on ASCPL as determined in their sole discretion.

(d) ASCPL shall in no manner whatsoever be responsible for security of Participant(s)’s Entry including the video /text and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

(e) By participating in the Program, it is construed that the Participant(s) has read and understood these Terms and Conditions, Privacy Policy including the General Rules stated below and Participant(s)’ act of participation in the Program will be deemed acceptance to abide by the same.

(f) LIMITATIONS OF LIABILITY: BY ENTERING THE PROGRAM, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, 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 PROGRAM (IF ANY),

NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ASCPL AND/OR ASCPL 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. IN ANY CASE ASCPL’S ENTIRE LIABILITY UNDER THIS TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL MONETARY VALUE OF Rs.100/-.

GENERAL RULES

 

1. The Participant(s) interested in participating in the Program must be above the age of 18 years and residing in India during the Program Period and at the date of the Entry. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Program.

2. Proof of age, if requested, of the Participant(s)/Shortlisted Participant(s) and/or the family members of the Participant(s) / Shortlisted Participant(s) must be submitted to ASCPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).

3. ASCPL reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Program without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Program on the Website .

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

5. ASCPL reserves the right to disqualify any Participant(s) from participating in the Program 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 ASCPL from time to time. The decision of ASCPL in this regard shall be final and binding upon the Participant(s).

6. By participating it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Program.

7. In the event of any fault, misunderstanding or dispute concerning any part of the Program and/or the Terms and Conditions the decision of ASCPL shall be final in this regard.

8. The Shortlisted Participant(s) agrees that if due to any reason, whatsoever, beyond the control of ASCPL if the birthday wishes are not telecast on the Channel, ASCPL cannot be held responsible and/or liable for the same.

9. ASCPL 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 Shortlisted Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program.

10. The Shortlisted 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 ASCPL in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to ASCPL.

11. The Participant(s)/Shortlisted Participant(s) acknowledges that in case the performance of this Program 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 5 days, then ASCPL shall be at liberty and upon their sole discretion to terminate Program forthwith and such decision shall be final and binding.

 

12. The Participant(s) and/or the Shortlisted Participant(s) shall not in any circumstances make any claims against ASCPL 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 (directly or indirectly), to the Participant(s) and/or the Shortlisted Participant(s), participation or non-participation in the Program or any related activity. If the Participant(s) and/or the Shortlisted Participant(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.

 

13. The Participant(s) and/or the Shortlisted Participant(s)/ shall hold harmless and indemnify ASCPL, 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 their family members/friends in any manner whatsoever in connection with the Program and also to the extent possible 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.

14. The Participant(s) shall hold harmless and indemnify ASCPL, 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 ASCPL in connection with any act of the Participant(s)/ Shortlisted Participant(s) and/or the Program and/or Entry including the video, text in the Entry and/or any third party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s).

15. The Participant (s) of the Program agrees that he/she shall make himself/herself available from time to time and co-operate with ASCPL and participate in any activity and/or campaign (“ Promotional Activity”) of any nature whatsoever without any money payable to the Participant (s). The Shortlisted Participant(s)/ gives his/her consent to ASCPL and/or any other agency on behalf of ASCPL to make the footage of the participation in the Promotional Activity The Shortlisted Participant(s) in consideration of being afforded an opportunity to take part in the Program, agrees that the footage of any nature with regard to the Shortlisted Participant(s) shall vest with ASCPL, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and ASCPL may exploit the same in any manner and in any media whatsoever at any time throughout the world..

16. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s) and ASCPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.

17. 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.

18. The Participant(s)/ agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Program, and/or any other aspect related to the Program.

19. Participant acknowledges that Participant’s representations, warranties, confidentiality, 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.

20. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Program 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 Mumbai the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.

21. In case of any dispute or other matter arising in reference to the Program subject to the provision of Clause 22 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 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Mumbai, India.

//End//

Enga Pullainga Ellam Bayangaram

Terms & Conditions

The following Principal and General rules are the rules and regulations (“Rules and Regulations”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to send Entry(s) (defined below) to the Program “ Enga Pullainga Ellam Bayangaram ” (hereinafter referred as ‘Program’) which will be hosted by Asianet Star Communications Pvt Limited (“ASCPL ”) on its television channel “Vijay Music”( hereinafter collectively referred to as “Channel”). The Program provides an opportunity to the shortlisted Participant/s to get his/her performance (dancing or acting or lip syncing) video telecast on the Channel along with the original song (Audio & Video). In other words, the Program gives an opportunity to the shortlisted Participant (s) to his /her see video on the Channel while he/she is performing for a song.

The participation in the Program shall be governed by the Terms & Conditions and all the Participants in the Program 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 Program. The decisions of ASCPL for all matters relating to the Program shall be final and binding in all respects.

ASCPL 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 Program shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defence in any proceeding with regard to the Program.

To participate in the Program, the Participant may be required to disclose his/ her personal information to ASCPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). ASCPL is committed to protecting the privacy and the confidentiality of the Personal Information received. ASCPL uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information in dealt in the manner laid down in the Privacy Policy of ASCPL available at http://www.startv.com/legal-terms-policies/#Program-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 Program shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of ASCPL 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 Program. The Program shall be governed by the Terms and Conditions and all the Participants in the Program 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 Program gathered under or pursuant to this Program by ASCPL (if any).

 

PRINCIPAL RULES

(I) Program Timings

The videos of the shortlisted Entry(s) will be played on the Channel everyday minimum one time of each hour between 6 AM and 11:59 PM

(II) Eligibility:

 

(a) The Program is open only to persons who are the citizens of India and shall be of 18 years of age and above.

(b) Permanent and/or contract employees and directors of ASCPL, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “ASCPL Entities”) and each of their immediate family members are not eligible to enter the Program.

 

(III) Term of the Program

The Program will start from 9th October and end 31st December 2020. The Term may be extended or reduced at the discretion of ASCPL

 

(IV) Compilation period:

All the valid Entry(ies) received during the term of the Program will be shortlisted and the videos of the shortlisted Entries will be telecast on the Channel at the discretion of the ASCPL

(V) Procedure for Participation / Entry Process

For participating in the Program the Participant/s have to submit their Entry (defined below) in the following manner.

- ASPL will release promos on the Channel inviting the interested people /Participants to visit the website vijay.starttv.com (“ Platform”) to send their Entry(ies)

- Once the Participant/s log on to the Platform there will be an icon leading them to Vijay Music sub-page

- Under Vijay Music sub-page there will be 3 sections one of which will be Enga Pullainga Ellam Bayangaram

- Participant is required to choose the Enga Pullainga Ellam Bayangaram tab

- Terms and Conditions will first appear Enga Pullainga Ellam Bayangaram tab and the Participant will have to accept to these Terms and Conditions to proceed with the Entry.

- After accepting the Terms and Conditions, a form will be opened which contains the following details:

a. List of songs (drop down) will be provided and the Participant(s) needs to choose the song they are planning to share their entry for

b. Name of the Participant

c. Mobile number of the Participant

d. City name / location

e. Pre recorded Video of the participant is to be uploaded

-The Participant(s) have to upload a pre-recorded video of his/her own singing

- The duration of the video should be minimum 1 (one) minute and maximum 5 minutes. - The video should be on .mp4 format

-The Participant(s) can use any app / software for recording the video, however, there can be no branding / water mark / template that can be present on the video when they are submitting

2. After filling up the form and uploading the video, the Participant/s have to confirm by giving a tick mark to the self declaration and Personal Information boxes that the Participant needs to check / accept before submitting the Entry

3. Once the Participant/s submit the Entry, he/she will see a message which would thank him/her for sharing the details and continue to watch the Program on the Channel to see if his/her Entry is shortlisted.

4. For sake of clarity, Logging onto Platform, entering into the Enga Pullainga Ellam Bayangaram Tab, furnishing the personal information in the form, uploading video (in the format and duration stated above) and submitting the same in the manner stated herein above, shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) fails to provide the required details in the form or fails to upload the video in the format and duration or is not resident of India and 18 years and above years of age then his/her Entry shall be considered incomplete and the same shall not be considered for shortlisting. The Participant (s) agrees and acknowledges that by submitting the Entry and /or video the Participant(s) is representing that the Entry(s) and /or video or contents thereof are not confidential or comprise any sensitive personal information. It is further clarified that the Participant(s) cannot make (a) blank video (b) offensive / abusive video (c) same video more than once (i.e., making the same video many number of times in order to be shortlisted. Any Entry comprising of such videos shall be considered null and void and shall not be shortlisted

Each Participant(s) consents to the use of information submitted by the Participant(s) including the video for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use of the Entry including video by ASCPL as it may deem fit for the purpose of promotion of the Program. Towards this effect and in consideration of being afforded an opportunity to participate in the Program, the Participant(s) hereby grants to ASCPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Entry including the video forming part of it, to utilize the Entry in any manner deemed fit by ASCPL, including, inter alia, in a digitally modified format, including on the ASCPL’s Facebook Page and/or any other social media platform page of ASCPL, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Program, as deemed fit by ASCPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s) waives off his “Moral Rights” with respect to the Entry including the video or any part thereof as required. The Participant agrees and authorizes ASCPL to digitally modify, edit, truncate, the video submitted by the Participant(s) for the purpose of creation of Modified Picture (s) as set out below. The Participant(s) undertakes not to create any lien, charge, or other encumbrance, on the video at any time without the prior written consent of ASCPL. The Participant agrees that ASCPL shall be entitled to exploit the video including the Modified Picture (s) in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such video in any manner deemed fit by ASCPL in its sole discretion. It is agreed that all rights, title, and interest in the Entry along with the video including rights in any form of intellectual property and rights in any form of exploitation will be owned by ASCPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the videos and Modified Picture(s) by ASCPL or any third party authorized by ASCPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.

(a) The Participants shall ensure that the submitted Entry including the video forming part of it is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including rights in any form of intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that —

(i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous 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 whatsoever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights;(v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or Programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) 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 to any other nation. For the avoidance of doubt, the Participant(s) agrees that ASCPL has the right to remove any such material/Entry which may not be in consonance with the applicable laws.

(b) The Participant(s) further represents and warrants that the Entry being submitted by him/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the video as part of the Entry. In addition, the Participant(s agrees to indemnify and hold harmless ASCPL from and against any suit/litigation/injury/damage/harm/loss suffered by ASCPL in connection with the same

(c) Participants may send as many Entries as they desire but only Entry(s) received before the close of the Program Period shall be considered valid for the Program. Participant(s) agrees and understands that submission of more than one Entry shall not result in a higher chance for the Participant(s) to get shortlisted . Participant agrees to not spam and make the same Entry multiple times. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Program.

(d) The Entry should state all the required information asked from the Participant(s) in the form and/or in these Terms and Conditions. If the same is not complied with, then the Entry will not be considered for shortlisting

(e) ASCPL shall not be responsible for any entries submitted but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.

(VI) Shortlisting Process :

a. The valid Entries will be shortlisted based on the following criteria (“Criteria’)

o Entertainment factor

o Video resolution

o Screen presence

o Personality

o Uniqueness of the performance

b. There is no upper limit on the number of Entries that will be shortlisted and the number of Entries to be shortlisted will be at the discretion of ASCPL

c. For avoidance of doubt it is clarified that ASCPL’s decision in regard to the shortlisting of the Entries shall be final and binding. For the sake of clarity, mere participation in the Program does not entitle the Participant(s) to be shortlisted for telecast. Only the Participant(s) having made a valid Entry and whose video has met the Criteria stated above shall be entitled to be shortlisted. By way of reiteration,

d. The videos of the shortlisted Entry (ies) will be telecast on the Channel along with the original song (video) ie., it gives an opportunity to the shortlisted Participant (s) to his /her see video on the Channel while he/she is performing for a song.

e. It is further clarified that save and except giving telecasting of the videos of the shortlisted Participants on the Channel as stated above, the shortlisted Participant(s) shall not be entitled to any other form of gratification (monetary or otherwise). Entry(s) made after the Compilation Period will not be considered for the Program and shall be deemed null and void.

(VII) Communication to the Participant(s)

 

No communication will be sent to the Participant of the shortlisting of his/her Entry for telecast. The participant (s) have to keep on watching the Channel on the date of birthday to know whether his/her Entry is shortlisted.

(a) All decisions of ASCPL shall not be subject to any appeal of any nature whatsoever. Participation in the Program shall be construed to mean that the Participant(s) has waived his/her right to dispute any decision(s) made by ASCPL in relation to the Program and/or Shortlisting to the extent applicable under law.

(b) The Shortlisted Participant(s) shall not in any circumstances make any claims against the ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the participation in the Program or any related activity, to the extent permitted under law. If the Shortlisted Participant(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding..

(c) If ASCPL so elects, the Shortlisted Participant(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the Shortlisted Participant(s) will not bring ASCPL Entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on ASCPL as determined in their sole discretion.

(d) ASCPL shall in no manner whatsoever be responsible for security of Participant(s)’s Entry including the video /text and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

(e) By participating in the Program, it is construed that the Participant(s) has read and understood these Terms and Conditions, Privacy Policy including the General Rules stated below and Participant(s)’ act of participation in the Program will be deemed acceptance to abide by the same.

(f) LIMITATIONS OF LIABILITY: BY ENTERING THE PROGRAM, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, 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 PROGRAM (IF ANY),

NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ASCPL AND/OR ASCPL 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. IN ANY CASE ASCPL’S ENTIRE LIABILITY UNDER THIS TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL MONETARY VALUE OF Rs.100/-.

GENERAL RULES

 

1. The Participant(s) interested in participating in the Program must be above the age of 18 years and residing in India during the Program Period and at the date of the Entry. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Program.

2. Proof of age, if requested, of the Participant(s)/Shortlisted Participant(s)/Winner(s) and/or the family members of the Winner must be submitted to ASCPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).

3. ASCPL reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Program without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Program on the Website .

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

5. ASCPL reserves the right to disqualify any Participant(s) from participating in the Program 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 ASCPL from time to time. The decision of ASCPL in this regard shall be final and binding upon the Participant(s).

6. By participating it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Program.

7. In the event of any fault, misunderstanding or dispute concerning any part of the Program and/or the Terms and Conditions the decision of ASCPL shall be final in this regard.

8. The Shortlisted Participant(s) agrees that if due to any reason, whatsoever, beyond the control of ASCPL if the videos are not telecasted on the Channel, ASCPL cannot be held responsible and/or liable for the same.

9. ASCPL 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 Shortlisted Participant(s) in any manner whatsoever or for any reason whatsoever in connection to the Program.

10. The Shortlisted 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 ASCPL in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to ASCPL.

11. The Participant(s)/Shortlisted Participant(s) acknowledges that in case the performance of this Program 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 5 days, then ASCPL shall be at liberty and upon their sole discretion to terminate Program forthwith and such decision shall be final and binding.

 

12. The Participant(s) and/or the Shortlisted Participant(s) shall not in any circumstances make any claims against ASCPL 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 (directly or indirectly), to the Participant(s) and/or the Shortlisted Participant(s) participation or non-participation in the Program or any related activity. If the Participant(s) and/or the Shortlisted Participant(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entries will be disqualified.

 

13. The Participant(s) and/or the Shortlisted Participant(s)/ shall hold harmless and indemnify ASCPL, 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 their family members/friends in any manner whatsoever in connection with the Program and also to the extent possible 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.

14. The Participant(s) shall hold harmless and indemnify ASCPL, 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 ASCPL in connection with any act of the Participant(s)/ Shortlisted Participant(s) and/or the Program and/or Entry including the video in the Entry and/or any third party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s).

15. The Participant (s) of the Program agrees that he/she shall make himself/herself available from time to time and co-operate with ASCPL and participate in any activity and/or campaign (“ Promotional Activity”) of any nature whatsoever without any money payable to the Participant (s). The Shortlisted Participant(s)/ gives his/her consent to ASCPL and/or any other agency on behalf of ASCPL to make the footage of the participation in the Promotional Activity The Shortlisted Participant(s)/ in consideration of being afforded an opportunity to take part in the Program, agrees that the footage of any nature with regard to the Shortlisted Participant(s) shall vest with ASCPL, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and ASCPL may exploit the same in any manner and in any media whatsoever at any time throughout the world..

16. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s) and ASCPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.

17. 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.

18. The Participant(s)/ agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Program, and/or any other aspect related to the Program.

19. Participant acknowledges that Participant’s representations, warranties, confidentiality, 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.

20. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Program 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 Mumbai the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.

21. In case of any dispute or other matter arising in reference to the Program subject to the provision of Clause 22 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 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Mumbai, India.

//End//

UTSAVER SERA STAR AWARD

Terms & Conditions

Please read the following Terms and Conditions before participating in the Contest conducted by Star India Private Limited (defined below). 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 participation in the Contest (as defined below) and shall be binding on each participant (“Participant”,“Contestant”, “Your”and/or “You”) residing in West Bengal and is a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Contest hosted by SIPL/Company (as defined below) for the purpose of selecting and shortlisting the Winners (as defined below) basis the criteria set out herein and celebrating Durga Pujo with joy, with social responsibility(“Theme”).

The Privacy Policy, Terms of Use and User Generated Content which is accessible at at https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”). By proceeding further You are representing to the Company that Your participation in the Contest is in compliance with all laws applicable to 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(s) and its Officers voluntarily participating in the Contest. The Privacy Policy shall govern all usage of any Personal Information ( defined below) and/or any other information, Entry and any other content or information submitted by You as part of this Contest , as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by STAR India under or pursuant to the Contest and in relation to your and your Officers participation in the same. By participating in the Contest , the Participant and its officers hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information by SIPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy .

By participating in the Contest, it is deemed that the Participant and its Officers on its behalf have read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions. Your and your Officers act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be your and your Officers absolute acceptance to the Terms and Conditions, Privacy Policy as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). If You and your Officers do not agree to be bound by 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 will disqualify the Participant’s participation in the Contest . The Contest shall be governed by the Terms and Conditions stated herein below and all Participants and its Officers are requested herein unconditionally accept and agree to comply with and abide by the same.

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

DEFINITIONS

“Contest ” means different levels comprising of Level 1, Level 2 and Level 3 of the selection process of the Contest as detailed hereunder and any additional levels as may be incorporated thereinafter by the Company in the process of the Contest at any point of time at its discretion, to be conducted inter alia in the mode and manner as set out hereunder during the Contest Period , which the Participant(s) is required to qualify for further Levels, if any and qualify for participating in the Contest and being shortlisted and /or selected as a Winner .

“Contest Period” (i) shall mean the period for registering on the Website as per the manner set out herein commencing from October 3, 2020 at 12.00 A.M to October 14, 2020 at 11.59 P.M. (ii)for Level 1 -the period commencing from 10 October 2020and continues till 15 October 2020 and (iii)for Level 2 the period commencing from 18 October 2020 and continues till 20 October 2020 & (iv) for Level 3 the period commencing from 21 October 2020 to 22 October 2020 or such other date stipulated and/or updated by the Company and/or Production House at its sole discretion on the Website and/or through any other medium from time to time required to be checked by the Participant(s) from time to time. The period can be extended or reduced by the Company at its sole discretion from time to time.

Pandal(s)” shall mean and include without limitation a fabricated structure, either temporary or permanent, that is created and put up by the Participants in open areas and /or public places at any locations within the Territory for the celebrating the auspicious Durga Pujo festivities during the Contest Period thereby enabling the Participant(s)eligible as per the criteria set out herein to qualify and participate in the further levels of Contest as per the selection procedure stated herein.

Company/SIPL/ Star India ” means Star India Private Limited.

Channel”shall mean the Bengali GEC channels owned and operated by SIPL i.e Star Jalsha

Contestant(s)/Participant(s)” means all Pujo Committees creating , organising and conducting Pandals during the Contest Period and deemed to be (a) “Society” registered under the West Bengal Societies Registration Act, 1961 as on August 31, 2020,voluntarily participating in the Contest

"Officer” means a member of the Governing Body, the President, the Secretary or any other office-bearer of the Participant society and includes also an employee and /or member of the society as defined under the West Bengal Societies Registration Act, 1961 representing the interest and acting on behalf of the Participant Society .

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 SIPL 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 SIPL 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 Level 1, Level 2 and Level 3and any further levels of the Contest as may be introduced by the Company at its sole discretion . The term “Level(s)” shall be construed accordingly to refer to any one (1) particular level of the Contest as signified by the corresponding number.

Gratification/ Prize” shall collectively mean a cash prize amounting to INR 25,000/- (Rupees Twenty five Thousand only) and a memento not exceeding the value of INR2500/- and /or any other gratification as may be deemed fit by SIPL at its sole discretion to be awarded to each of the Winner (s)

Winner(s)” shall mean total 10 Winner -Participants from West Bengal selected and shortlisted out of the other Participants participating in the Contest basis the criteria and evaluation parameters set out below

Works/Materials” shall mean and include Footage (as defined below), Entries (as defined below), footage of Promotional material 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 Participants specifically for the Contest and /or during the course of Contest and any other Intellectual Property created/ generated by the Participants during the course of participation in the Contest. This shall exclude pandal and it is clarified that all rights and intellectual property rights emanating from the Pandal shall continue to vest with the Participants in perpetuity .

Website/ Platform” shall mean the microsite https://utsaverserastar.startv.com/ owned and operated by SIPL for the purposes of this Contest .

PRINCIPAL RULES

1. Star India shall announce the Contest via promos on the Channel and other channels of Star India, Newspaper ads, Radio, Outdoor and digital platforms 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. Procedure to register

(a) To register and to participate in the Contest , the Officer on behalf of the interested Participant shall:

i. have to login Website his/her sole discretion to register for the participation in the Contest by submitting / furnishing his/her valid Indian Mobile Number. It is clarified that for the purpose of registering and participating in the Contest it is mandatory that the valid Indian mobile number submitted by the Officer of the Participant should be registered in his/her name only, failure to comply with this pre requisite will automatically cause such Participant’s registration / Entry (as defined below) to be invalid.

ii. Upon entering into the Website after OTP validation , a registration form shall be displayed in the Website and the same is required to be filled by the Officer on behalf of the Participant(s) who shall fill in all the relevant and necessary details as stated and enumerated therein ) on Website, in accordance with the requirements and criteria as laid down for the Contest herein. The Officer on behalf of the Participant(s) shall submit the following details of the Participant and /or its Pandal including but not limited to its registered name & office address ,exact location and name of the Pandal, Year of establishment , Name & Contact number, registration number of the Participant under West Bengal Societies Registration Act, 1961,theme of the Pandal , how many years they have been organising the Pandal, Covid related -safety measures adopted by the Participants and /or its Officers in their respective Pandals , details of any noteworthy social activity undertaken by the Participant /and /or its Officers around Durga Puja , 2020 and /or any significant social cause , photo(s) of the Pandal(s), (if requested) and/or any other information/documentation as sought by the Company, at its discretion during the Contest Period (hereinafter collectively referred to as “ Personal Information”) in a manner and form, as requested and /or prescribed on the Platform. For avoidance of doubt, for the purposes of participating in the Contest during the Contest Period set out hereinabove, registering through a valid mobile phone number vide the medium of the Platform is mandatory for all interested Participants. The Officer on behalf of the Participant agrees and undertake that all Personal Information submitted by them in the registration form is true, accurate and correct . If at any point of time during any Levels of the Contest , the Company becomes aware that the Personal Information submitted by them is false and incorrect , then the Company shall have the right to immediately disqualify and invalidate such Entry and such Participant shall not be entitled to further participate in the Contest and /or qualify for the Gratification . The Participant shall be bound by such decision of the Company .

iii. It may be clarified that the Officer on behalf of the Participant(s) participating in the Contest may register on the Platform only once either through a particular mobile phone number of the Officer .It is further clarified that if the Officer has already registered and submitted Entries (as defined below) on the Website multiple times through a particular registered mobile numbers, then only the first Entry from that particular registered mobile number and shall be considered and all subsequent Entries shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Contest . Additionally, it is clarified that a specific Officer and multiple Officers on behalf of the same Participant cannot register and submit Entries (as defined below) on the Website through multiple registered mobile numbers either registered in their specific name and/or in the name of the other Officers . In such cases only the first Entry submitted by the Officer on behalf of the Participant ,first cum first basis ,through a particular mobile number shall be considered and the others shall be deemed invalid.

iv. Once the mobile phone number (as applicable) is registered in the manner as stated therein, an OTP (One Time Password) will be sent to the registered mobile phone number (as applicable) submitted by the Officer on behalf of the Participant(s). The Officer on behalf of the Participant(s) will be required to mention the OTP received on their registered Mobile Number within the permitted time as mentioned therein on the Website, post which, the Officer on behalf of the Participant(s) will be able to proceed further with the registration process. In the event the Officer fails to verify /authenticate the validity of his/her mobile no. or validate the OTP during such mobile verification by the Company, the mobile no. shared by the Officer on behalf of the Participant is found to be false and /or unauthenticated and /or fabricated and /or the said mobile no. not registered in the Officer’s name, then the Company shall have the right to forthwith disqualify the Participant from further participation and his/her Entry shall immediately be considered to be null and void.

v. If at any point of time the Company finds that the mobile number shared by the Officer on behalf of the Participant is found to be false and /or unauthenticated and /or fabricated, then Company shall have the right to forthwith disqualify such Participant from further participation and his /her Entry shall immediately be considered to be null and void.

vi. The Officer on behalf of the Participant(s) further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update, submit Entries and /or , share any Personal Information that:

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

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. 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. 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.;

h. 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 the Company has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.

vii. For purposes of the Contest , logging onto the Platform, furnishing the Personal Information in the mode and manner as prescribed, shall be considered as a complete and valid entry (“ Entry” or “Entries”). Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Officer on behalf Participant(s) or fails to furnish Personal Information in the manner prescribed, then his/her Entry shall be considered incomplete and the Participant(s) shall be disqualified from participating further in the Contest . The Channel/Company shall be free at any point of time to contact and /or communicate with the Officer on behalf of the Participant(s) for availing any additional information and/or to verify any details and /or any form of documentation as deemed fit by SIPL in relation to Contest and/or the Entry and the Officer on behalf of the Participant(s) shall unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, broken/bad web link, inadequate Personal Information, , invalid mobile number or which consist of content, which contains any of the elements specified in the above sub-clause, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Contest.

viii. Entries received after the Contest 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, whether correctly or not, but not received due to any reason whatsoever. It shall be the Officer’s sole responsibility to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.

3. It is further clarified that the Company reserves the right to close the registration process 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 Officer for and on behalf of the Contestant(s) shall not challenge /dispute such decisions. Any entry made after the Contest Period will not be considered for the Contest and shall be deemed null and void.

4. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

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

A. LEVEL 1

i. Subject to the Participant(s) having made a valid Entry and provided all the Entries fulfilling the criteria set out herein, the Company and/or its representatives and/or professional experts from the fields of health care , engineering, art etc. film artists , musicians , television actors and /or any appropriate person / entity appointed by the Company, at their own discretion for this specific level each of the Levels of Contest (“ Panel”) shall review , evaluate the Entries , carry out a detailed process for verification of details and Personal Information submitted as part of the Entries to validate the authenticity of the details submitted as part of the Personal Information and /or Entries. Post completion of the evaluation of the Entries ,verification and authentication process of the Personal Information and /or Entry by the Company and /or Panel , a maximum number of 425 (four hundred and twenty five) Entries and /or Participants shall be shortlisted for further evaluation under Level 1 . It is clarified that the composition of the Panel my change or remain the same for different Levels as deemed fit by the Company at its discretion and the decision of the Company with regard to the composition of the Panel shall be final and unconditionally binding on the Participant(s). Neither the Participant(s) nor the Officer on behalf of the Participant 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. Further if during at point of the verification / background process of the Entries by the Panel and /or Company any details or any part of the Personal Information submitted by the Officer on behalf of the Participant as part of the Entry and /or any information or warranties made by the participant and /or Officer on behalf of the Participant turns out to be incorrect , then the Company and /or panel shall have the right to at its sole discretion disqualify the Participant and its Officer from participating further in the Contest and the Participant and its Officers shall not object to the same .

ii. The Participant(s) and /or its Pandal shortlisted as per the criteria set out in (i) above,shall be evaluated and shortlisted by the Panel on the overall basis of the alignment of Participant’s plan of action and conducting and organising the Pandal in accordance with the Theme as defined hereinabove, the details and Personal Information submitted in the registration form and subject to the verification of its authenticity, 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 Entries and Pandals and their decision shall be final and binding on all Participants and their Officers on behalf of the Participant(s). Based on the evaluations of the Entries by the Panel basis the parameters set out herein , the top rated 300 (three hundred ) Participants and their Pandals shall be shortlisted and the Participants(s) shall be selected and eligible for participation in Level 2 of the Contest .

iv. The Officers of all Participant(s) selected and shortlisted for Level 2 shall be intimated about the selection vide personally intimate via telephone to the contact number that has been provided by the Officer on behalf of the Participant at the time of registration or any other mode of communication as the Company may deem fit at its sole discretion, and the Officer shall be solely responsible for calls received from the Company. Such communication by the Company shall also give brief details of next level of audition i.e. Level 2, date and time of the Contest etc. The Officer on behalf of the Participant shall be required to give confirmation of the Participant’s participation for Level 2 Contest upon receiving a call. The telephone communication from the Company shall also provide details and requirements for the Level 2 Contest which the Officer on behalf of the Participant shall be required to confirm and make necessary arrangements for the same, prior to the Level 2 Contest It is clarified that in the event the Officers do not confirm their participation in the manner as mentioned above or otherwise met the necessary requirements for the Level 2 of the Contest , the Participant shall not be eligible for the Level 2 Contest and shall consequently be disqualified.

v. The Company shall be free at any point of time to contact and /or communicate with the Officer for availing any additional information and /or any documentation and/or to verify any details as provided in relation to Personal Information and/or the Entry and the Officer on behalf of the Participant(s) shall unconditionally & promptly facilitate the same.

B. LEVEL 2

 

i. Participant(s) shortlisted at Level 1 shall be required to participate in Level 2 of the Contest, on tentative dates and time in the mode and manner as decided by the Company and communicated to the Officers of the Participant(s) via telephone or sms from time to time during the corresponding Contest Period .

ii. Such Shortlisted Participants shall be mandatorily required to carry and place minimum 2 banners of the Company / Channel in prominent positions at their Pandal for the duration of the rest of the Contest Period. In the event that the Panel notices that the participant and its Officers have failed to carry the promotional banner of the Company and/or Channel as mentioned hereinabove , then the Panel and /or the Company has the right to at its sole discretion disqualify the Participant and its Entry immediately and such Participant shall not be allowed to participate further in the Contest. Such decision of the Company and /or Channel shall be final and unconditionally binding on the Participant .

iii. Such Contestant(s) and their Officers shall be informed that the Panel shall on the dates and times as informed and communicated and /or at any time during the corresponding Contest Period visit their Pandal to inspect the Pandal, interview the Officers regarding the background of the Participant , its history , activities undertaken by it and any other aspects pertaining to the Participant and /or Pandal. The Officers shall be mandatorily required to make themselves unconditionally available and present at the Pandal during this visit / inspection by the Panel . Failure to remain present shall result in their immediate disqualification from the Contest .It is clarified that the Panel and /or Company shall be free and entitled to visit the shortlisted Pandals and /or Participants and interact and meet with its Officers, any time as deemed fit by Company , once or multiple times as deemed fit by them during the corresponding Contest Period without any prior notice to the participant and its Officers and the Participants and Officers shall be unconditionally bound to abide by the same & provide them unlimited access to the Pandal .

iv. The Pandal of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of how the Pandal and /or the Participant have been maintaining social distancing guidelines through field management, creating effective communication on maintaining social distancing for visitors and local community members, Entry and Exit Planning to ensure seamless crowd management within the Pandal, whether the structuring of the Pandal meets the requisite government requirements , whether the Pandal has successfully aligned itself with the Theme being promoted by the Company, unique elements or ideas executed in the Pandal . 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 Officer on behalf of the Participants nor any one on their behalf shall have any objection to the same.

v. The Company reserves the right to select a maximum number of 30 (thirty) number of Entries and /or Contestant(s) from this Level of Contests . The selected Contestants shall be eligible for the next level of selection i.e Level 3.

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

vii. The Company shall be free at any point of time to contact and /or communicate with the Officer for availing any additional information and/or documentation to verify any details as provided in relation to Contest and/or the Entry and the Officer on behalf of the Participant(s) shall unconditionally promptly facilitate the same.

 

C. LEVEL 3 –

 

i. Participant(s) shortlisted at Level 2 shall be required to participate and qualify in further Levels 3of Contest . by following the process as detailed herein below.

ii. The Officers shall be mandatorily required to make themselves unconditionally available and present at the Pandal during this visit / inspection by the Panel in a manner as deemed fit by the Company at its sole discretion to participate and perform in Level 3 of Contest on specific dates and time as decided and communicated by the Company. Failure to remain present shall result in their immediate disqualification from the Contest. It is clarified that the Panel and /or Company shall be free and entitled to visit the shortlisted Pandals and /or Participants and interact and meet with its Officers, any time as deemed fit by Company, once or multiple times as deemed fit by them during the corresponding Contest Period without any prior notice to the participant and its Officers and the Participants and Officers shall be unconditionally bound to abide by the same & provide them unlimited access to the Pandal .

iii. The Officer on behalf of the Participant(s) will have to present at the Pandal on the date and time specified along with the documents and photographs required (both in original and attested photocopy). It is clarified that the Participant(s) failure to submit the aforementioned documents and/or attend the inspection without the same shall automatically disqualify the Participant from further participation in the Contest.

iv. Such Shortlisted Participants shall be mandatorily required to carry and place minimum 2 banners of the Company / Channel in prominent positions at their Pandal for the duration of the rest of the Contest Period. In the event that the Panel notices that the participant and its Officers have failed to carry the promotional banner of the Company and/or Channel as mentioned hereinabove , then the Panel and /or the Company has the right to at its sole discretion disqualify the Participant and its Entry immediately and such Participant shall not be allowed to participate further in the Contest. Such decision of the Company and /or Channel shall be final and unconditionally binding on the Participant Such Contestant(s) and their Officers shall be informed that the Panel shall on the dates and times as informed and communicated and /or at any time during the corresponding Contest Period visit their Pandal to inspect the Pandal, interview the Officers regarding the background of the Participant , its history , activities undertaken by it and any other aspects pertaining to the Participant and /or Pandal . The Officers shall be mandatorily required to make themselves unconditionally available and present at the Pandal during this visit / inspection by the Panel . Failure to remain present shall result in their immediate disqualification from the Contest.

v. Subject to completion of formalities as prescribed by Company, the Pandal of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of Social-Responsibility initiatives taken from Mahalaya for helping the underprivileged in the locality,other innovative measures taken to eliminate COVID 19 hazards,Best Creative expression of the theme – ‘আনন্দেরপুজো, দায়িত্বেরপুজো’,Contribution of the Women- On the theme 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 Officer on behalf of the Participants nor any one on their behalf shall have any objection to the same.

vi. The Company reserves the right to evaluate the Entries and Pandals based on the above mentioned criteria and select and declare the Winners by October 23 , 2020 or any other date as deemed fit by Company.

vii. In case the Officer on behalf the said Contestant(s) is unable to furnish the original document(s) as required by the Company to verify the Personal Details submitted as part of the Entry and /or submit self-affirmed photocopy of the same or submit the necessary proofs as required by the Company , the said Contestant(s) shall be disqualified by the Company.

D. Winner Selection and Gratification :

i. At the end of the Level 3 Contest , out of all the shortlisted Participants and their Pandals, On the basis of the criteria and parameters set out above, the Panel shall select and declare 10 (ten) Winners from West Bengal . These Winners shall be announced and declared by Star India on the Channels and /or any other platforms or media or any of its social media pages as deemed fit by the Company at its sole discretion. The total number of Winners declared during the Contest Period shall not exceed 10 (ten) . Star India shall contact the Winners for informing them of the date/time at where Gratification may be personally collected by them from a designated venue located in Kolkata, pre-informed by STAR India and finalized at its sole discretion. These Winners shall be contacted by Star India on the mobile/ phone number through which Entry had been submitted to Star India informing them that they have been selected as the Winner of the Contest.

ii. The sole gratification/ prize for each of the Winner(s) shall be limited to the Gratification as defined herein and there is no other gratification payable to the Winner by the Channel and /or the Company. Participant(s)/Winner(s) agree that the Gratification is the only prize for the Contest and no other prize(monetary or otherwise) will be awarded to the Winner(s). For avoidance of doubt it is clarified that STAR’s decision in regard to the selection and declaration of the Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are shortlisted and qualified for Level 3 and who have fulfilled all requirements of Level 3 and subsequently shortlisted and declared as Winner(s) based on the criterion mentioned hereinabove, by STAR at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise).

iii. 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) attempt to call the Winner. In case any the Winner shall be invalidated,or disqualified and Star India shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry

iv. In the event the said Winner fails to adhere to the instructions of Star India and/or fails to submit all the requisite 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.

v. Winner agrees and acknowledges that the above mentioned Gratification shall be subject to appropriate tax deductions applicable under Indian Laws and that it and its Officers shall be solely responsible to bear the same without any recourse to Star .

vi. For the purpose of availing the Gratification and to verify the Personal Information submitted as part of Entry at the time of registration , the Winner agrees and undertakes to submit and /or provide all form of documentation, certificates of registration/incorporation, bank account details , pan details ,canceled cheque and /or any other relevant document or supporting evidence as may be required from time to time by the Company at its sole discretion . The Winner agrees to unconditionally abide by the same and in case the Officer on behalf of such Winner fails to submit the same , then the Company has the right to at its sole discretion disqualify the Winner and declare the next deserving Participant , basis the above parameters as the Winner in its place . The Winner shall have no objection to the same and neither it nor its Officers shall make any claims in this regard against the Company. The Winner’s shall be required to submit the Winner’s documents to Star India within seven (07) days from the date of the telephonic communication received from Star India by the Winner.

vii. All decisions of STAR shall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s)/Winner has waived his/her right to dispute any decision(s) made by STAR in relation to the Contest and/or Gratification, to the extent applicable under law.

viii. The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Winner(s) agrees and undertakes that no material equivalent or alternative prize will be given to the Winner(s) and the Winner(s) cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Winner(s) and the Winner(s) cannot transfer the Gratification to any other person.

ix. The Winner(s) shall not in any circumstances make any claims against the STAR entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the winner’s participation in the Contest or any related activity, to the extent permitted under law. If the Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry and Pandal will stand disqualified and such decision shall be final and binding.

x. If STAR so elects, Winner(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the shortlisted Participant(s)/Winner(s) will not bring STAR entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on STAR as determined in their sole discretion.

xi. STAR shall in no manner whatsoever be responsible for security of Participant(s)’s’/Winner(s)’ Pandal during the Contest Period and/or be liable for any use/misuse of the same by any person by any manner whatsoever .

xii. 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 gratification 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. In any case Star’s entire liability under this terms and conditions shall not exceed the total monetary value of the Gratification

6. The Officer of the Participant(s) will be solely responsible to bear all costs and all other expenses, should such Participants voluntarily wish to participate in the Contest without any recourse whatsoever to Company. The Company, will not be involved in any such requests, logistical or other related issues. It is clarified that all and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(s) and in no manner whatsoever shall the Channel/Star India, be responsible for the same.

7. The Officer on behalf of the Participant(s) 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 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 Officer on behalf of the Participant(s) in Levels. In case the said Officer of the 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 Contest based on the sole discretion of the Company .

8. Further if during at point during the Contest and /or its Levels it comes to the notice of the Company and /or Panel that any details or any part of the Personal Information submitted by the Officer on behalf of the Participant as part of the Entry and /or any information or warranties made by the Participant and /or Officer on behalf of the Participant turns out to be incorrect , then the Company and /or panel shall have the right to at its sole discretion disqualify the Participant and its Officer from participating further in the Contest and the Participant and its Officers shall not object to the same .

9. Participant(s) who have previously participated in contests / activities similar to this Contest or has entered into any contract through their Officer or contractual arrangement including but not limited to having signed any document or letter which restricts them from participating in this Contest in any manner 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 Officer n behalf of 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.

10. The Company reserves the right to extend the timing or reduce the Contest Period, without prior notice to the Officer of the Contestant(s).

11. It is clarified that the Officer on behalf of the Contestant(s) shall be solely responsible to make all arrangements for facilitating the Pandal and the Company shall not be responsible to provide the same.

12. For avoidance of doubt it is clarified that the final selection of the Winners made by the Channel/Company Panel/ shall be final and binding on all the Officers on behalf of the Contestant(s) and in no event shall the Officers of the Contestant(s) dispute the decision made by the Channel/Company and 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 Contest and/or the selection process to qualify for the Gratification , the decision of the Company shall be final and binding.

13. The Company and /or Panel reserve the right to visit and inspect the Pandal at any given point during any of the Levels of the Contest and the Contestant(s) and their Officer shall have no objection to the same nor shall they raise any objections against the same.

GENERAL RULES

 

1. The Contest is strictly open to Participant(s) creating , organisingand conductingPandals during the Contest Period and deemed to be (a) “Society” registered under the West Bengal Societies Registration Act, 1961as per the respective applicable laws of India.

2. Employees of the Company 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; Participant(s) not registered under the West Bengal Societies Registration Act, 1961 are ineligible to participate in the Contest. Further, failure to provide proof or certificate of registration / incorporation, including any of the documentation required for verification of the Personal Information 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 the Participant(s) in case discrepancy is found to exist in the information furnished/provided/stated by the Officer on behalf of the Participant during submission of the registration form at Level 1 and /or any statement / conversation with the Company and in the information(s) stated in the documents furnished by the Officer on behalf of the Participant(s).

3. In the event the Officer and /or Participant is found to be in violation of any applicable laws at any point of time during the Contest , the Company reserves the right to disqualify the Participant immediately and its Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Contest .

4. Officer on behalf of the Participant, represent to the Company that the Participant is free and competent to enter the Contest; 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 and /or the Officer from performing or observing any of the obligations undertaken or from honoring any of the Terms and Conditions stated herein. .

5. Officer on behalf of the Participant,agrees and undertakes that All Personal Information is true, correct and complete in all respects and in no event will the Company be liable either of the authenticity of the Personal Information or any inaccuracies or deficiencies in the Personal Information and further 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 Terms and Conditions.

6. The Officer on behalf of the Participant shall not make any claims against SIPL, 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 Contest or any related activity including any unauthorized access of the videos, etc. If the Participant is found to be ineligible, or if the Officer on behalf of the Participant 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. SIPL a 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)/ Officer 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 Parent on behalf of the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

8. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any damage , loss (direct or indirect),injury, emotional, mental trauma caused to the Participant(s) and /or any of its Officers in any manner whatsoever or for any reason whatsoever in connection to any aspect related to Contest. The Participant(s) and /or the Officer on behalf of 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 and /or its Officers on its behalf (s), in any manner whatsoever in connection with any aspect of the Contest 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. The Company reserves all rights to make amendments to the Contest Period, Levels of Contest or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Officer of the Participant to check the Terms and Conditions on the Website and /or the platforms from time to time. SIPL also reserves the right to cancel and/or postpone the Contest and /or any Levels at any point of time without any prior intimation to the Officer of the Participant.

10. The Officer and /or Participant should not have been convicted under criminal laws and /or applicable laws of India and/or should not be disqualified under any applicable law from participating in the Contest.

11. The Officer on behalf 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 SIPL in its sole and absolute discretion.

12. The Company also reserves the right to change the selection process and critera for the different levels of the Contest in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Contest, without any prior intimation to the Participant and Officer on behalf of the Participant(s) and/or the public.

13. Officers registering on behalf of the Participant must enter the Contest voluntarily on their own behalf and Entry(ies) by proxy will not be accepted . Further it is mandatory that the Officer registering on behalf of the Participant must be officially appointed and engaged by the governing body and chairman of their respective society and if required must submit appropriate documentation to support this . In case the Officer fails to do so , then the Participants Entry shall be automatically disqualified and shall not be eligible to participate further in the Contest .

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

15. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process and /or mechanisms and /or Levels, the decision of the Company shall be final and binding and each Participant and Officer on behalf of the Participant(s) shall without limitation be bound by such decision of the Company.

16. The Participant(s) and Officer on behalf of the Participant(s) shall not during the Contest 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 disrepute the name and brand of the Company and /or Channel or bring expose the Company and/or the Channel to civil and/or criminal proceedings.

17. The Participant(s) and /or Officer on behalf of Participants, 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 Contest or any aspect related to the Contest or any information regarding the Company without Company’s prior written consent in each instance. The Participant and Officer on behalf of the Participant(s) shall not at any time make or issue any statements on behalf of the Company the Channel without the prior written consent of the Company.

18. The Participant(s) and Officer on behalf of the Participant (s) shall not do any act either directly or indirectly which may bring the Company 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/or the Parent on behalf of the Officers on behalf of Participant 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 Contest.

19. Non-conformance by any Participant and/or by the Officer on behalf of the Participant, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then SIPL will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

20. The Participants and its Officers agree and undertake to abide by all directives / guidelines / orders etc passed by the central or state government in respect of organizing and conducting Durgo Puja. Any Participant violating or not abiding by the same shall be automatically disqualified .

21. If the operation of the Contest and /or any of its Levels (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 the current Covid 19 Pandemic or any act beyond the reasonable control of the Company or any guidelines set up by the West Bengal State Government for shooting during the current Covid 19 Pandemic (“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 Contest and /or Levels forthwith and such decision shall be final and binding on the Participants and Officer on behalf of the Participant(s).

22. Participant (s) and Officer on behalf of the Participant(s) specifically agree, allows, grants and permits the Company or any party authorized by it to enter their Pandal and record (audio-video/audio or video), activities at the Pandal ,the participation process/performance at the Pandal at every level of the Contest, including any interaction of the Participant with the Company or visitors or followers or any representative of the Company, record all performances and activities at the Pandal (if any), rendered or performed during the Contest and /or its Levels or any related series of sound recordings and video recordings which have been shot/filmed/recorded during the Contest and /or its Levels on film, tape or digital or other electronic media and includes recording of any questions or conversations relating to the background , activities , social work etc undertaken by the Participant , questions pertaining to personal & professional lives of the Officer (“Footage”) and agree that the Footage may be used by the Company as it deems fit across any mode or medium 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 the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

23. In consideration of being afforded an opportunity to participate in the Contest, the Participants and the Officer 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 the Officer 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 Officer 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 Officer on the behalf of the Participants hereby agree that neither the Participant(s) nor his/ Officer for and on behalf of the Participant 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 Officer on behalf of 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.

24. The Participant(s) through their Officer waive off their “Moral Rights” with respect to the Materials/ participation in the Contest. Further, the Participant(s) and the Officer on behalf of the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the Officer on behalf of the 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.

25. The Participant and Parent on behalf of the Participant(s) agrees and acknowledges that the Channel /SIPL 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 or any such Footages 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/Contest or any ancillary event related to the Program/Contest).

26. The Participan tand Officer on behalf of the Participant(s) shall make themselves available from time to time and co-operate with the Channel and/or SIPL and participate in any activity and/or campaign and /or events (“ Promotional Activity”) of any nature whatsoever with respect to the Contest without any money payable/ any consideration to the Participant. Further, the Officer of the Participant shall at no point of time refuse or disagree for participation of the Participant(s) in any such Promotional Activity for any reason whatsoever.

27. Participant(s) and the Officer on behalf of the Participant(s) hereby allow the use of the , image, biographical data, name, s, photographs of the Pandal of the Participant and its other Officers (‘ Likeness’) to appear on and be used in connection with the promotion of the Contest for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. SIPL 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 SIPL or the Channel without notice to the Participant and Officer and without any further compensation to the Participant and/or Officer on behalf of the Participant (s).

28. The Officer on behalf of the Participant (s) agree that in consideration of being given opportunity to the Participant to participate in the Contest, they shall hold harmless the main sponsor (if any), Channel, SIPL, , 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, and /or its Officer in any manner whatsoever in connection with the Contest and /or Entry and /or any aspect related to their participation in the Contest 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 Channel and/or SIPL to claim any damages or reliefs or otherwise.

29. The Officer on behalf of the Participant agree to keep SIPL, 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/, Personal Information and /or Footage and /or any image or videos , Likeness featuring their respective Pandal, by SIPL and /or any of its affiliate companies and/or channels.

30. Certain information relating to the Contest, SIPL, Channel, will be disclosed to the Participant(s) and Officer on behalf of the Participant (s) by SIPL which is confidential and/or proprietary in nature, and includes data, , evaluation criteria ,the manner of selection 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 Officer on behalf of the Participant (s) agree that Confidential Information whether disclosed orally or in writing, is the property of SIPL, as the case may be, and is valuable, special and unique to the business of SIPL, as the case may be. Participant(s) and Officer on behalf of the Participant (s) agree that the Officer on behalf of Participant shall not discuss and/or disclose any information about the Contest,Gratification or any aspects related to the Contests .

31. Participant(s) and Officer 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.

32. The Participant and Officer 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.

33. Officer 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 shall survive the efflux of time and the termination of these Terms and Conditions.

34. The participation of the Participant the in the Contest shall mean that the Officer 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 Contest, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

35. 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 Contest and /or Entry shall be referred to a sole arbitrator appointed by SIPL 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 Parent on behalf of the Participant(s) who has raised the dispute.

Subject to the provision of 34 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 Parent on behalf of the Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

SUPER SINGER- SEASON-8

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Asianet Star Communications Private Limited (“ASCPL”/ “Company”) and/or the Production House (defined below). 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 non-fiction reality program tentatively titled “_Super Singer -8” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing in and is a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by ASCPL/Company and/or Production House (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 ASCPL (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 Parent (as defined below) on Your behalf are representing to the Company and/or Production House 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 and their Parents, for and on behalf of the Participant, voluntarily participating in the Auditions. ASCPL will have access to and collect information and data shared by the Parent of the Participant including Participant’s and/or Parents of the Participants’ personal information for the purposes of the Auditions and/or Program. By participating in the Auditions, the Parent on behalf of the Participant hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by ASCPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at at https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating in the Auditions, it is deemed that the Parent on behalf of the Participant 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 on behalf of the of the Participant(s) absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of ASCPL as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). If the Parent on behalf of the Participant 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 Parents on behalf the Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

You or Your Parent on your behalf (if you are a minor Participant) are required to click on the tab ‘I ACCEPT’ at the end of the page. The failure to accept these Terms and Conditions by You or Your Parent (as the case may be) will disqualify your participation in the Auditions.

DEFINITIONS

“Digital Auditions” means different levels comprising of Level 1, Level 2 and Level 3 of the selection process of the Auditions as detailed hereunder and any additional levels as may be incorporated thereinafter by the Company in the process of the Auditions at any point of time at its discretion, to be conducted inter alia in the manner as set out hereunder, which the Participant(s) is required to qualify for further Levels, if any and qualify for participating in the Program.

“On Ground Audition(s)” shall if applicable, means different levels comprising of Level 3 and/or Level 4 of selection process of Auditions as detailed hereunder and any additional levels as may be incorporated thereinafter by the Company in the selection process of the Auditions at any point of time at its discretion, to be conducted inter alia at the Audition Center(s), which the Participant(s) is required to qualify and pass for participating in the Program.

“Audition(s) ” shall mean jointly and/or severally the Digital Auditions and/or On Ground Auditions and different Levels of selection process to be conducted inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify to participate in further Levels for participating in the Program.

“Digital Audition(s) Period” shall mean the period commencing from September 22, 2020 and continues till October 31, 2020 for different levels of auditions or such other date stipulated and/or updated by the Company and/or Production House at its sole discretion on the website vijay.startv.com (“Website”/ “Platform”) and required to be checked by You or the Parent on behalf of the minor Participant(s) from time to time. The period can be extended or reduced by the Company and/or Production House at its sole discretion from time to time.

“On Ground Audition(s) Period” shall, if applicable, mean on such dates fixed & announced by the Company and/or Production House at its sole discretion through the Website and/or any other medium, which is required to be checked by the Parent on behalf of the Participant(s) from time to time. The period can be extended or reduced by the Company and/or Production House at its sole discretion from time to time.

Audition Centre(s)” shall if applicable mean any locations in Chennai where the Participant(s) need to make themselves available for further levels of auditions as per the mechanism of Auditions and /or as per the communications issued by the Company and /or available on the Website from time to time .

Audition Period” in respect of Digital Auditions shall mean the period as mentioned hereinabove and for On Ground Auditions shall mean the period as fixed & announced by the Company and/or Production House from time to time at its discretion through the website and/or through any other medium from time to time required to be checked by You or the Parent on behalf of the minor Participant(s) from time to time.

Company/ASCPL” means Asianet Star Communications Private Limited.

Contestant(s)/Participant(s)” means all person(s) aged between 16 (sixteen years and 70 (seventy)years i.e. 16 (sixteen) years or above and 70 (seventy)years or below as on September 1, 2020, being an Indian citizen and resident of India and enters the Auditions /Program individually.

“Minor Participant(s)” means all person(s) aged between 16 (sixteen) years and 18 (Eighteen) years i.e. 16 (sixteen) years or above and below 18 (Eighteen) years as on September 1, 2020, being an Indian citizen and enters the Audition / Program accompanied by his /her Parent.

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

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 ASCPL 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 ASCPL 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 Level 1, Level 2, Level 3 and Level 4, of the Auditions. The term “Level(s)” shall be construed accordingly to refer to anyone (1) particular level of the Auditions as signified by the corresponding number. It is hereby clarified, that all Minor Participants shall be accompanied by Parent at the venues of the Audition Centres and at all Levels of the Auditions 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 Parent of the minor participants.

Program” means the singing based reality Show in tamil language which shall be tentatively titled “ Super Singer -8 .

“Production House” means the Production House (if any) engaged by the Company for the production of the Program.

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

Show Player(s)” means the final 20 (wenty ) or more selected Contestant(s) who are selected through the process of the Audition(s) as enumerated below to participate in the Program.

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 and/or Production House for filming of the Program.

Works/Materials” shall mean and include Footage (as defined below), Entries, On Ground Entries, footage of Promotional material 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 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. Eligibility criteria for Participants:

(a) Participants who are between 16 (sixteen) years and _70(seventy)years i.e. 16 (sixteen) years or above and 70(seventy)years or below as on September 1, 2020

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

(c) At least 1(one) Parent of the minor 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 & Conditions.

2. The Auditions are an integral part of the Program. The Auditions will be conducted on Digital during the Audition Period and/or On Ground at absolute discretion of the Company, in the Audition Centre(s) located in the Territory and the Parent on behalf of the interested Contestant(s) shall be required to upload the require information on the Website and/or shall be present with the Participant(s) at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below.

3. On Ground auditions may or may not take place at the sole discretion of ASCPL and/or Production House basis the current Covid 19 pandemic scenario. ASCPL/Production House is under no obligation to go for On Ground Auditions or shooting of the Program and is also under no obligation to inform prospective Participants / Parents of Minor Participants about the same. The Participants and in case of Minors , their Parents are unconditionally bound to update themselves on the same from the Website .

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

5. As the Minor Participant(s) are below the age of majority as per applicable laws in the Territory, the Parent of such Participant(s) shall accompany them 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.), print, radio, online, official social media pages/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, venue(s) of Auditions Centre etc

7. Procedure to register

(a) To register and to participate in the Digital Auditions, the Contestant(s) / Parents on behalf of the interested minor Contestant(s) shall:

i. have to login to the Website / Platform at his/her sole discretion to register for the participation in the Auditions by submitting / furnishing his/her valid Indian Mobile Number OR a valid email id. It is clarified that the option to exercise registration either through a registered mobile number or email id is the discretion of the Participant / Parent of the Minor Participants and it is further clarified that for the purpose of registering and participating in the Auditions it is mandatory that the valid Indian mobile number submitted by the Participant / Parent of the Minor Participant should be registered in his/her name only, failure to comply with this pre requisite will automatically cause such Participant’s registration / Entry to be invalid.

ii. Upon entering into the Website, a registration form shall be displayed in the website and the same is required to be filled by the Participant(s) / Parent on behalf of the Minor Participant(s) who shall fill in all the relevant and necessary details as stated and enumerated therein and upon submitting Video (as mentioned hereinafter) on Website, in accordance with the requirements and criteria as laid down for the Auditions herein, the Participant(s) / Parent on behalf of the Minor Participant(s) agrees to have read and understood all the terms and conditions for participation in the Auditions and hereby agrees to abide by the same. The Participant(s) / Parent on behalf of the Minor Participant(s) shall submit the following personal details of the Participant including but not limited to date of birth, full name, gender, age, address, , nationality, city of residence, , brief of the Participant(s) passion towards singing along with the Parent(s) name, email ID, contact number(s), emergency contact number, the name of their state/city where they reside, photo(s) of the Participant(s), (if requested) 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 Platform. For avoidance of doubt, for the purposes of participating in the Auditions during the Audition Period set out hereinabove, registering through a valid mobile phone number and/or a valid mail ID vide the medium of the Platform is mandatory for all interested Participants. Additionally , incase of the Participants being Minor , the Parent is unconditionally required to fill and submit the Parental Consent Form available on the Website in a mode and manner as per the terms stated therein . For avoidance of doubt it is clarified that in then event that any Parent fails to submit the Parental Consent Form , then the Entries of their respective Minor child shall be deemed incomplete and shall be subsequently disqualified from further participation

iii. It may be clarified that the Participant / Parent on behalf of the Minor Participant(s) participating in the Digital Auditions may register on the Platform only once either through a particular mobile phone number and/or email ID of themselves / the Parent (in the case of Minor Participant(s)). Accordingly, the Personal Information required by the Company may only pertain to the Participant registering himself/herself and his/her Parent. It is further clarified that if the Participant / Parent of the Minor Participant has already registered and submitted Entries (as defined below) and /or uploaded Video(s) on the Website multiple times through a particular registered mobile numbers and/or specific email id (as applicable), then only the first Entry from that particular registered mobile number and /or email id shall be considered and all subsequent Entries and /or Video(s) shall be deemed invalid and shall be automatically disqualified and not taken into consideration for further participation in the Auditions. Additionally, it is clarified that a specific Participant / Parent on behalf of the Minor Participant cannot register and submit Entries (as defined below) and /or upload Video(s) on the Website through multiple registered mobile numbers and/or multiple email id’s. In such cases only the first Entry submitted by the Participant / Parent on behalf of the Minor Participant through a particular mobile number and /or email id shall be considered and the others shall be deemed invalid.

(b) Video Upload Functionality:

i. Once the Participant / Parent on behalf of the Minor Participant(s) shares the Personal Information required, he/she shall record one (1) video of the Participant(s) performing any song of his/her choice, which may primarily be in tamil language; such video shall have a minimum duration of 60 (sixty) seconds and maximum duration of 180 (one hundred and Eighty) seconds in mov or .mp4 format and shall not exceed the size of 64 mb [referred to as “Video”]

ii. the Participant / Parent on behalf of the Minor Participant shall upload the Video(s) on the website / platform by following the instructions and as per the terms specified on such Platform and click on “Submit” button. Once the Video is uploaded on the Platform, the Participant / Parent (in the case of minor participant) will receive an SMS and/or email notification from the Company and/or Production House, at its discretion confirming and acknowledging the registration.

iii. If at any point of time the Company finds that the mobile number / email ID shared by the Participant(s) / Parent on behalf of the Minor Participant and /or any Personal Information and/or any information in Personal Consent Form is found to be false and /or unauthenticated and /or fabricated, then Company and/or Production House shall have the right to forthwith disqualify such Participant from further participation and his /her Entry shall immediately be considered to be null and void.

iv. For the purposes of this Audition, by uploading and /or submitting his /her Video on the Platform, the Participant / Parent on behalf of the Minor Participant agrees and undertakes that they are unconditionally bound by the Terms and Conditions.

v. The Participant(s) / Parent on behalf of the Minor Participant(s) agrees and undertakes that all Personal Information, provided by him/her at the time of registration is true, correct, and accurate. The Participant / Parent on behalf of the Minor Participant(s) hereby represents, covenants and declares that (i) the Video is original and is performed/enacted by the Participant(s), (ii) the Video 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 Video, such material and all rights therein and that no other person or party has right or interest in the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Video shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Video are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant / Parent on behalf of the Minor Participant(s) has not granted any rights in the Video to the prejudice of any rights granted to the Company hereunder (vi) the Video is not violative of or in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Video for the purpose of the Auditions have been secured by the Participant(s) / Parent on behalf of Minor Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to the Company. In the event the publishing of the Video 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, the Company and/or Production House shall have the right at its sole discretion to edit/ remove/cut the contentious portion and re-publish such Video or reject the Video altogether and the Participant / Parent on behalf of the Minor Participant agrees not to object to the same. The Participant / Parent on behalf of the Minor Participant(s) 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 the Video(s). The Participant / Parent on behalf of the Minor Participant further agrees and confirms that the Company is entitled to reject the Entry of the Participant in the event that the details submitted by the Participant / Parent on behalf of the Minor Participant at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.

vi. The Participant / Parent on behalf of the Minor Participant agrees and undertakes that the Entry/Video submitted by him /her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc

vii. The Participant / Parent on behalf of the Minor Participant(s) further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update, submit, share the Video(s) and/or information that:

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

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 the Company has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.

viii. For purposes of the Digital Auditions, logging onto the Platform, furnishing the Personal Information in the mode and manner as prescribed, mandatorily submitting the Parental Consent Form in the manner as stated on the Website and mandatorily uploading 1 (one) Video shall be considered as a complete and valid entry (“Entry” or “Entries”). It may be clarified that once the Video is uploaded on the website, he/she or the Parent of the Minor shall not be entitled to re-submit any information, including but not limited to any Video and such Entry submitted by him/her shall be considered final and valid Entry for the purpose of the Audition. Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Participant / Parent on behalf of Minor Participant(s) fails to provide upload the Video or provides a fake email ID or fails to furnish Personal Information and /or Parental Consent Form ( in case of Minors) in the manner prescribed or if the Video submitted is less than the minimum duration or more than the maximum duration 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 and/or Production House shall be free at any point of time to contact and /or communicate with the Participant / Parent on behalf of the Minor 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 / Parent on behalf of the Minor Participant(s) shall unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, broken/bad web link, inadequate Personal Information, invalid email ID, wrong format , technical difficulties , internet problems ,invalid mobile number or which consist of content, which contains any of the elements specified in the above sub-clause, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions.

ix. Entries 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 sole responsibility of the Participant(s) / Parents (in the case of Minor Participants) to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and Terms and Conditions prescribed herein.

8. To register and to participate in the On-Ground Auditions( if any), the Parent on behalf of the interested Contestant(s) shall:

a. 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 on the registration form (“ Personal Information”) in a manner and form, as requested and /or prescribed therein (“Registration Form”);

b. note down the unique registration code assigned to him/her at the Audition Centre (“Registration Number”) for any references;

c. If selected for Level 3 of the Auditions, the Contestant / Parent on behalf of the Minor Contestant(s) 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”).

9. In case the Contestant / Parent on behalf the said Minor 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 that 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 / Parent on behalf Minor Contestant(s) duly submitted by the Contestant / Parent on behalf of the Minor Contestant(s) at the Audition Centre] shall be considered a complete entry (“On Ground Entry/On Ground Entries”).

10. Contestant / Parent on behalf of the Minor Contestant(s) undertake that all Personal Information, documentation, contents of the Registration Form provided by him/her at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or On Ground Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in the Auditions. The Channel/ Company and/or Production House shall be free at any point of time to contact and/or communicate with the Contestant / Parent on behalf of the Minor Contestant(s) for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the On Ground Entry and the Contestant / Parent on behalf of the Minor Contestant(s) shall unconditionally facilitate the same.

11. All entries at the respective Audition Centre(s) shall be on first come first serve basis between 9.00 am to 3.30 pm and/or any other time as decided and communicated by the Company 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 Parent for and on behalf of the Contestant(s) shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Auditions and shall be deemed null and void.

12. The Company and/or Production House shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

13. 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, 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 Video(s) fulfilling the criteria set out herein shall be viewed and evaluated by the Production House and/or the Company and/or its representatives and/or professional experts/singers/music composers appointed by the Company and/or 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 on behalf of the Participant 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.

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

iii. The Panel shall have the sole authority to judge and rate the Audition Video(s) and performance of all the Participants and their decision shall be final and binding on all Participants and their Parents on behalf of the Participant(s). Based on the evaluations of the Video(s) by the Panel, the top-rated performances shall be shortlisted and the Participants(s) 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 the selection vide an email and/or personally intimate via telephone to the contact number that has been provided by the Parent on behalf of the Participant at the time of registration or any other mode of communication as the Company/Production House may deem fit at its sole discretion, and the Parent shall be solely responsible for checking the emails and/or calls received from the Company and/or the Production House. If the communication is received through email, the Parent shall within 24 (twenty-four) hours or receipt of such email confirm the participation of the Participation for next level. Such communication by the Company and/or Production House shall also give brief details of next level of audition i.e. Level 2, date and time of the Auditions, etc. The Parent on behalf of the Participant shall be required to give confirmation of the Participant’s participation for Level 2 Auditions upon receiving a call. The telephone and/or email communication from the Company and/or Production House shall also provide details of the medium (which shall be audio-visual conferencing/ zoom call or other similar platform/media) and requirements for the Level 2 Auditions which the Parent on behalf of the Participant shall be required to confirm and make necessary arrangements for the same, prior to the Level 2 Auditions. It is clarified that in the event the Parents 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 Parents shall be provided with a minimum of 7 days’ notice to be available for the Level 2 Auditions for the Participants.

v. Participant(s) shortlisted at Level 1 shall be required to be available as per the requirement and instructions of the Company and/or the Production House, as may be informed by the Company and/or Production House in advance, to participate and perform in Level 2 Auditions, on specific dates and time and manner of conducting such Auditions, as decided and communicated by the Company. In the event the Company and/or Production House conducts the Level 2 Auditions via Video Conference, then the Company and/or the Production House will inform the Participant / Parent on behalf of the Minor Participant of the same in advance and it shall be the sole responsibility of the Participant and the Parent on behalf of the Minor Participant to make the Participant available for such Video Conference. If the Participant fails to make himself/herself available on Video Conference on the date and time as informed by the Company and/or the Production House, the Entry of the Participant will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.

vi. The Company and/or Production House shall be free at any point of time to contact and /or communicate with the Parent for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant / Parent on behalf of the Minor Participant(s) shall unconditionally & promptly facilitate the same.

vii. The Company and/or Production House reserves the right to select any number of Contestant(s) from the Level 1 and shall inform the shortlisted candidates for Level 2 Auditions. The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant and/or the Parent on behalf of the Minor Participant shall not have any right to question for the same.

B. LEVEL 2

 

 

i. 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 platform/media in the mode and manner as decided by the Company and communicated to the Participants / Parents of the Minor Participant(s).

ii. The Participant / Parent on behalf of the Minor Participant agrees, acknowledges and understands that Level 2 of the Digital Auditions may be conducted via Video Conference on any social connecting platform as determined by the Company including but not limited to Google duo, Whatsapp video call etc. The Participant / Parent on behalf of the Minor Participant accepts any terms and conditions imposed by such platforms on which Video Conference is conducted. The Participant / Parent on behalf of the Minor Participant recognizes and accepts the risks associated with communicating by Video Conference and agrees that he/she shall not hold the Company and/or the Production House liable for any loss of any information, act or omission including for loss of sensitive and personal information and data of the Participant and/or Parent by such platform.

iii. Such Contestant(s) shall be asked to perform a tamil singing song 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.,

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

v. 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, etc. and such other criteria as may be determined by the Company and/or the Production House in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company/Production House and/or the Panel shall be final in this regard and neither the Participant / Parent on behalf of the Minor Participants nor any one on their behalf shall have any objection to the same.

vi. The Company reserves the right to select any number of Contestant(s) from this Level of Auditions. The selected Contestants shall be eligible for the next level of selection i.e Level 3. The Contestants shall be informed about their selection for the next round, i.e. which shall be tentatively held in Thiruvananthapuram / Kochi or such other place at its sole discretion.

vii. The Participants / Parents of all Minor 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 Participant / Parent (in the case of minor participant) at the time of registration or any other mode of communication, as the Company and/or Production House may deem fit at its sole discretion, and the Participant / Parent on behalf of the Minor Participant shall be solely responsible for checking the emails and/or calls received from the Company and/or Production House. Such communication by the Company and/or Production House shall also give brief details of the next level of audition – Level 3, date, place and time of the Auditions, etc., The Participant / Parent on behalf of the Minor Participant shall be required to give a confirmation of the Participant’s participation for Level 3 Auditions upon receiving an email and/or call, as the case may be.

viii. The Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant / Parent (in the case of Minor Participants) for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant / Parent on behalf of the Minor Participant(s) shall unconditionally promptly facilitate the same.

ix. The Company reserves the right to select any number of Contestant(s) from the Level 2 and shall inform the shortlisted candidates for Level 3 Auditions. The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant and/or the Parent on behalf of the Minor Participant shall not have any right to question for the same.

 

C. LEVEL 3 – ON GROUND AUDITIONS

 

I. The Company and/or Production House reserves the rights to decide whether to conduct On ground Auditions and /or Level 3 of the Auditions at its sole discretion,

A. in the event that the Company and/or Production House decides not to go ahead and conduct the On ground Auditions and /or Level 3 of the Auditions, then the Contestants shortlisted at Level 2 shall be entitled to proceed directly or be eligible directly for Level 4 as mentioned below. This decision of the Company and/or Production House shall be final and binding on every Participant and/or Parent(s) on behalf of the Minor Participant(s). If the Company and/or the Production House doesn’t intend to conduct the On Ground Auditions, the Company and/or the Production House through the Panel shall further at their sole discretion shortlist Any number of Participant(s) from the Participant(s) selected at Level 2, basis their overall performance, confidence, etc.., and such other criteria as may be determined by the Company and/or Production House in its sole discretion. These shortlisted Participant(s) shall be qualified for the Level 4 auditions. The Company and/or the Production House shall inform the Participants / Parents of such shortlisted candidates. The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant and/or the Parent on behalf of the Participant shall not have any right to question for the same.

Or

B. If the Company decides to go ahead and organise and hold On Ground Auditions for Level 3 of the Auditions , then

i. Participant(s) shortlisted at Level 2 shall be required to participate and qualify in further levels of ground auditions (as detailed herein below) to be held tentatively at Audition Centre as decided by the Company at its sole discretion and communicated to the Participant from time to time vide the Website and /or any other mode of communication as deemed fit by the Company

ii. The Company and/or Production House reserves the right to introduce other prospective shortlisted Contestant(s) who have gone through the similar selection process as the Contestant(s) or such other selection process or through On ground only as deemed fit by the Company and/or Production House. Such decision of the Company shall be final and binding upon all the Contestants

iii. . The detailed procedure to register for On Ground Auditions is mentioned in clause 8 to 11 above and the Parent on behalf of the Participant is required to read the same and adhere to the same.

iv. Participant(s) shortlisted at Level 2 shall be required to be present in the Audition Centre or any other location /city as deemed fit by the Company at its sole discretion to participate and perform in Level 3 of Auditions on specific dates and time as decided and communicated by the Company.

v. These auditions will be conducted during the Audition Period. The timings for registration of Participant(s) will be intimated by email and/or telephone. The Participant(s) will have to present at the Audition Centers on the date and time specified along with the documents and photographs required (both in original and attested photocopy). It is clarified that the Participant(s) failure to submit the aforementioned documents and/or attend the On-Ground auditions without the same shall automatically disqualify the Participant from further participation in the Auditions and Program.

vi. The doors to the Audition Centers will shut at 9.00 AM or at such time as the Company may decide in its sole discretion. Late entrants may stand disqualified from the Audition process at the discretion of Company. Each Participant will be provided a unique registration number which he/she must carry with him/her at all times while at the Audition. The Participant /Parent on behalf of the Minor Participant(s) will have to sign the registration form along with the release form, nondisclosure agreements, the Terms and Conditions or any other documentation as may be required by the Company at its sole discretion in order to participate in the Auditions. Company’s authorized representatives will have the final right to refuse registration/eligibility for the Participant(s) to participate further at their sole discretion.

vii. Subject to completion of formalities as prescribed by Company, the Participant(s)will have to go through 2 rounds of auditions viz performance round and interview round. The Participant(s) shall be required to mandatorily participate in the performance rounds. The Participant(s) shall be required to sing a song of his/her choice along with the instrumental set up provided by the Company at its sole discretion. The Panel shall basis the performance shortlist the Participant(s) for next round. If qualified in the 1st round of auditions, the Participant(s) shall be required to participate in the 2nd round i.e interview round. It is further clarified that if the Participant(s) fail to qualify in the performance round or do not fulfil the parameters therein he/she shall be disqualified from further participation.

viii. In the 2nd round of On Ground Auditions the Panel shall basis performance in the interview, voice quality, grace, personality, selection of song, uniqueness etc., or any such other criteria determined by the Company/Production House at its sole discretion and if the Participant is selected in the 2nd round of Auditions, they shall be shortlisted for Level 4 Audition

ix. Any entry made after the Audition Period will not be considered for the Auditions 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.

x. The Company and/or Production House reserves the right to select any number of Contestant(s) from the Level 3 and shall inform the shortlisted candidates for Level 4 Auditions. The timelines for such intimation shall be at the sole discretion of the Company and/or the Production House and the Participant and/or the Parent on behalf of the Minor Participant shall not have any right to question for the same.

D. LEVEL 4 (TELEVISED AUDITIONS)

 

i. Participant(s) shortlisted at Level 3 shall be required to attend personalized training sessions in any location at Chennai as deemed fit by the Company at its discretion for a period of 3 (three) weeks which consists of voice workshops etc. Post these sessions top 20 (twenty) Participant(s) will be shortlisted by the Panel basis their personality, confidence, skill, grasping power, overall performance, compatibility, flexibility in performing in different genres, 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 Panel and/or Production House shall be final in this regard and the Participant(s) shall not have any objection to the same.

ii. All Participant(s) selected in this Level 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) / Parent on behalf of the Minor Participant(s) shall be solely responsible for checking the email /calls received from the Company.

iii. 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.

iv. In the event of the failure of any of the Show Player(s) from attending the Studio within the aforesaid timelines for any reason whatsoever the Company shall at its own discretion be entitled to exclude such Show Player(s) from the Program.

v. Such selected Show Player(s) shall be required to mandatorily attend the grooming and act presentation training sessions /workshops conducted by the Company at such time and place as the Company may deem fit.

vi. The Company and/or Production House reserves the right to introduce other prospective shortlisted Contestant(s) who have gone through the similar selection process as the Contestant(s) or such other selection process or through On ground only as deemed fit by the Company and/or Production House. Such decision of the Company shall be final and binding upon all the Contestants

vii. The Show Player(s) / Parent(s) of the Minor Show Player(s) shall be required to fill and execute the declaration cum indemnity and/or any other document as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein (“ Participation Agreement”)

 

14. The Participant / Parent of the Minor Participant(s) will be solely responsible to bear all costs of travel, accommodation and all other expenses, should such Participants voluntarily wish to participate in any Audition Centres during the Audition Period and for Televised Auditions. The Company, Production House, will not be involved in any such requests, logistical or other related issues.

15. The Participant(s) / Parent on behalf of the Minor Participant(s) will be required to execute any and all legal documents including but not limited to Participant Agreements, 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 and/or Level 3 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) / Parent on behalf of the Minor Participant(s) in Level 1 and at Level 3. For avoidance of doubt it is clarified that each of the selected Participant(s) / Parent of the selected Minor 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 Participant / Parent of the Minor 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 and/or the Production House.

 

16. Participant(s) who have 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 (through their Parent in the case of Minor Participant(s)) 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) / Parent on behalf of the Minor 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.

17. The Company and/or the 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) / Parent of the Minor Contestant(s).

18. It is clarified that the Contestant(s) / Parent on behalf of the Minor 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 unless agreed otherwise.

19. 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 Parent(s) on behalf of the Contestant (s) and in no event shall the Contestant(s) / Parent of the Minor Contestant(s) dispute the decision made by the Channel/Company and/or Production House or its employees in connection to the Auditions. 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 Program, the decision of the Company shall be final and binding.

20. 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) and their Parent 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 Parent on behalf of the Participant(s) 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 16 (sixteen) years and 70 (seventy)years, as of date of submitting their Entry(s) being an Indian citizen of and residing in India during the Audition Period and the Program, as per the respective applicable laws of India.

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; Participant(s) not conversant in spoken Tamil; 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 the Participant(s) in case discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) / Parent on behalf of the Minor Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s) / Parent on behalf of the Minor Participant(s).

3. In the event the Participant and/or the Parent on behalf of the Minor Participant(s) 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/On Ground Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions. It is the onus of the Parent 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 and/or Production House, then immediately such minor Participant shall be disqualified.

4. Participant(s) / Parent(s) on behalf of the Minor Participant, represent to the Company and/or Production House 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 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 from performing or observing any of the obligations undertaken or from honoring any of the Terms and Conditions stated herein. It is hereby clarified that all Minor Participants shall be accompanied only by the Parent at the venues of the Audition Centers and at Levels of the Auditions and for the Program. 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 Participant and for any other person including the Parent of the minor participant.

5. Participant(s) / Parent on behalf of the Minor Participant, 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 / Parent on behalf of the Minor Participant 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, place of birth, contact details, photograph, language spoken, citizenship/nationality, residence, government identity proof, hobbies, physical, physiological, mental health condition, images, videos etc of the Participant and may also include name, nationality, contact details, emergency contact number, email ID etc of the Parent of the Participant(s).

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 by the Company and/or the digital platform (namely the ‘hotstar’ platform) of the Company’s affiliates – Novi Digital Entertainment Pvt. Ltd or such other platforms at the sole discretion of the Company and/or the Production House.

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 Company will be collecting and retaining the Personal Information of the Participants.

g. The Company has informed the Participant(s) / Parent on behalf of the Minor Participant of his/her rights to: (i) review his/her Personal Information and the Participant(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 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(s) / Parent on behalf of the Minor Participant, with the option to opt out of providing his/her Personal Information and the Participant(s) Personal Information, and the Parent on behalf Minor Participant has not exercised such option.

 

6. The Participant(s) / Parent on behalf of the Minor Participant shall not make any claims against ASCPL and/or the Production House, 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 Participant(s) / Parent on behalf of the Minor Participant has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries/On Ground Entry will be disqualified.

7. ASCPL and/or Production House 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 and/or the Production House 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 Parent on behalf of the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

8. The Company and/or the 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 the Parent of the Minor 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) and /or the Parent on behalf of the Minor Participant(s) shall hold harmless the Channel, Company, Production House, 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.

9. The Participant and/or the Parent on behalf of the Minor 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/or Parent on behalf of the Minor Participant, fully understand this aspect of the Program and shall neither hold the Production House/ASCPL liable for any such depiction nor shall make any claims in respect of the same against the Production House/ASCPL and/or the Channel or any of its representatives and/or the Jury.

10. The Company reserves all rights to make amendments to the Auditions Period, Levels of Auditions or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant(s) / Parent of the Minor Participant to check the Terms and Conditions for the Auditions on the Website and /or the platforms from time to time. ASCPL also reserves the right to conduct only Digital Auditions and evade On Ground Auditions and also reserves the right to cancel and/or postpone the Auditions and/Program at any point of time without any prior intimation to the Participant / Parent of the Minor Participant.

11. The Participant and/or Parent of the Minor 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 and/or Program. The Participant(s) / Parent on behalf of the Minor Participant by entering into the Auditions represents and confirms that the Participant 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.).

12. The Participant(s) and Parent on behalf of the Minor Participant(s) will be required to furnish necessary supporting documentation in original (i.e., birth certificate, passport, aadhar card etc.) 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. The Participant(s) / Parent on behalf of the Minor 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 ASCPL and/or Production House 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.

13. 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 on behalf of the Minor Participant(s) and/or the public.

14. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted.

15. The Channel/ASCPL and/or Production House reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant and /or the Parent of the Minor Participant(s). 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 Minor Participant(s) and also ASCPL/Channel/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.

16. In case for whatever reason any Participant and /or Parent of the Minor Participant (s) is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company and/or the Production House will regretfully consider the Entry/On Ground Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

17. 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 on behalf of the Minor Participant(s) shall without limitation be bound by such decision of the Company.

18. The Participant(s) and Parent on behalf of the Minor 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.

19. The Participant(s) and /or Parent(s) on behalf of the Minor Participants, 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, Panel/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 on behalf of the Minor 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 and/or Production House.

20. The Participant(s) and Parent on behalf of the Minor Participant (s) shall not do any act either directly or indirectly which may bring the Company and/or the Program and/or Production House 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/or the Parent on behalf of the Minor Participant 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.

21. Non-conformance by any Participant and/or by the Parent on behalf of the Minor Participant, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then ASCPL will at its sole discretion be entitled to disqualify their Entry/On Ground Entry on an immediate basis.

22. 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 the current Covid 19 Pandemic or any act beyond the reasonable control of the Company or any guidelines set up by the Kerala State Government for shooting during the current Covid 19 Pandemic (“ 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 on behalf of the Participant(s).

23. Notwithstanding a Participant's participation in the Show/ Auditions, there is no obligation on 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.

24. Participant (s) and Parent on behalf of the Minor 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.

25. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the Parent on behalf of the Minor 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 the Parent on behalf of the Minor 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 Parent on behalf of the Minor 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 Parent on the behalf of the Minor Participants hereby agree that neither the Participant(s) nor his/ Parent for and on behalf of the Minor Participant 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 on behalf of the Minor 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.

26. The Participant(s) themselves and the Minor 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 on behalf of the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the Parent on behalf of the Minor Participant acknowledges that the Entry/On Ground 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.

27. The Participant and Parent on behalf of the Minor Participant(s) agrees and acknowledges that the Channel /ASCPL 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 or any such Footages 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).

28. The Participant and Parent on behalf of the Minor Participant(s) shall make themselves available from time to time and co-operate with the Channel and/or ASCPL 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/ any consideration to the Participant. Further, the Participant and Parent of the Minor Participant shall at no point of time refuse or disagree for participation of the Participant(s) in any such Promotional Activity for any reason whatsoever.

29. Participant(s) and the Parent on behalf of the Minor 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. ASCPL 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 ASCPL or the Channel without notice to the Participant and Parent and without any further compensation to the Participant and/or Parent on behalf of the Participant (s).

30. The Participant(s) and the Parent on behalf of the Minor Participant (s) agree that in consideration of being given opportunity to the Participant to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, ASCPL, 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, in any manner whatsoever in connection with the Auditions and /or Entry/On Ground 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 ASCPL to claim any damages or reliefs or otherwise.

31. The Parent on behalf of the Participant agree to keep ASCPL, the Channel, Production House, 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/On Ground Entry including the Video, by ASCPL and /or any of its affiliate companies and/or channels.

32. The Participant and the Parent on behalf of the Minor Participant, agrees that ASCPL and/or Production House 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 and Parent on behalf of the Minor Participant(s) acknowledges and understands that the participation in the Auditions is at their own risk. ASCPL and/or the 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 and/or his/her Parent(s). The Participant(s) and/or the Parent on behalf of the Minor Participant acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own and/or Parent’s risk.

33. Certain information relating to the Production House, ASCPL, the Program, Channel, will be disclosed to the Participant(s) and Parent on behalf of the Minor Participant (s) by the Production House and/or ASCPL 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 Parent on behalf of the Minor Participant (s) agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/ASCPL, as the case may be, and is valuable, special and unique to the business of Production House/ASCPL, as the case may be. Participant(s) and Parent on behalf of the Minor 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.

34. Participant(s) and Parent on behalf of the Minor 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.

35. All obligations, representations, warranties, grant of rights in relation to a Participant who is below the age of eighteen (18) years as on the date of submitting the Entry, shall be deemed to be provided by the Parent on behalf of the Participant(s).

36. The Participant and Parent on behalf of the Minor 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.

37. Participant(s) and Parent on behalf of the Minor Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry/On Ground Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

38. The participation of the Participant the in the Auditions shall mean that the Parent on behalf of the Minor 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, 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 in case of any dispute or other matter arising in reference to the Auditions and /or Entry/On Ground Entry and/or the Program, 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 Participants / Parent on behalf of the minor Participant(s) who has raised the dispute.

40. 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 Chennai, India. The Parent on behalf of the Participant(s) agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

Jalsha Jackpot

Terms & Conditions

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 “Jalsha Jackpot (‘Contest’) which will be hosted by Star India Private Limited. (“Star India”) for the purpose of promotion and viewer engagement of its channel ‘ Star Jalsha’ (“Channel”) and its programs (“Jalsha Programs”). 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 defence 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 in 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 other channels of Star India, Newspaper ads, Radio, Outdoor and digital platforms of the Channel (Facebook, Twitter and Instagram) or through any other medium of exploitation which shall be at the sole discretion of Star India.
  1. The Contest shall commence from September 21, 2020 at 04:30 PM Indian Standard Time (“IST”) and shall conclude on October 18, 2020 at 11:59 PM IST (“Contest Period”) on the Channel. For sake of clarity it is clarified that the Contest Period shall consist of consecutive of 28 (twenty- eight) days starting from September 21, 2020 and ending on October 18, 2020. For sake of clarity it is clarified that the Contest Period shall consist of total 4 (four) weeks, each hereinafter individually referred to as “ Weekly Period”, i.e (i) Week no.1 starting from September 21, 2020 to September 27, 2020; (ii) week no.2 from September 28, 2020 to October 4, 2020; (iii) week no.3 from October 5, 2020 to October 11, 2020; (iv) week no.4 from October 12, 2020 to October 18, 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).
  2. The Contest shall comprise of 4 (four) different multi choice questions, based on each Jalsha Program telecasted on the Channel on a daily basis for all 28 (twenty eight) consecutive days between 04:30 PM, IST to 07:00 PM IST of the Contest Period (“ Daily Question”). The total number of Daily Questions triggered during the Contest Period shall not exceed 112 (one hundred and twelve) multi choice questions. It is clarified that the Daily Questions will be refreshed on a daily basis by Star India. It is further clarified that the Contest shall be triggered only during the telecast of the Jalsha Programs between 04:30 PM, IST to 07:00 PM 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 each corresponding Jalsha Programs being telecast on the Channel on during the Daily Contest Period (as defined below). For the purposes of this Terms and Conditions, the Daily Questions shall be displayed on the Channel during the telecast of the Jalsha Programs on a Plate or Aston of 10- 15 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 04:30 PM, IST to 11.59 PM IST during the Contest Period (“Daily Contest Period”).
  3. 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 any of the 4 (four) Daily Questions during the Daily Contest Period, by making a missed call to the unique mobile numbers shown against the correct answer option to the Daily Questions (“ Answer/ Entry”). 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 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 missed call made by the Participant to an incorrect number or 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 MISSED CALL and the Participant (s) receiving a thank you message stating “ Thank you! For participating in Jalsha Jackpot Contest. If your entry gets selected, then we will notify you. Your participation confirms that you agree to contest T&Cs and Privacy Policy of the Contest as available at http://www.startv.com/legal-terms-policies/#contest-tandc ”. 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 missed calls to the unique mobile numbers assigned to the answer options 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 missed calls to the unique mobile numbers assigned to the answer option 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, provided however that only the first valid Entry registered with Star India will be taken into consideration. Answer/s Entries (i.e. missed calls) received after the Daily Contest Period for each Daily Question of the Contest shall be considered null and void.
  1. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
  1. It is clarified that all costs incurred by the Participant(s) to participate in the Contest shall be solely borne by the Participant(s) without any recourse to Star India.
  1. 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.
  1. 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 all the Daily Questions from one specific mobile number only failing which he/she shall be considered ineligible to contest for the Prize.
  1. It shall be deemed that the person in whose name the mobile number is registered (from which the missed call is made) shall be construed to have sent the Answers/Entry(ies) for the Contest.
  1. 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).
  1. During the Contest Period, at the end of the each and every Daily Contest Period, every Participant(s) on the basis of the having made a valid Entry and correct Answer(s) to any of the Daily Question(s) triggered during the Daily Contest Period, four (4) daily winners (one winner for each daily question) will be selected on a random basis (“Daily Winners”) from the pool of entries received. At the end of each and every Weekly Period, every Participant(s) (excluding the Daily Winners) on the basis of the having made a valid Entry and his/her providing maximum number of correct Answer(s) to any of the Daily Question(s) triggered during the Daily Contest Period of the corresponding week 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 1 (one) (“Weekly Winner”). The Daily Winners are hereinafter collectively referred to as “Winner(s)” and The Weekly Winners hereinafter collectively referred to as “Mega Winners”. For the entire contest Period the total number of (i) Daily Winners shall not exceed a total number of 112 (one hundred and twelve) and; (ii) Weekly/ Mega Winners shall not exceed a total number of 4 (four). Each of the Daily Winners for Daily Question # 1 (asked during the telecast of the Program ‘SuperStar Parivaar’ during the time band 04:30 PM to 05:30 PM during the Daily Contest Period) shall be entitled to a Washing Machine worth, not exceeding Rs. 13,000/-. Similarly, each of the Daily Winners for Daly Question # 2 (asked during the telecast of the Program ‘Ekhane Akash Neel’ in the time slot 05:30 PM to 06:00 PM during the Daily Contest Period) shall be entitled to a Refrigerator, worth not exceeding Rs.10,000/-. Also, for Daily Question Nos. 3 & 4 (asked during the telecast of the Programs ‘Prothoma Kadombini’ during the time slot 06:00 PM to 06:30 PM and ‘Titli’ in the time slot 06:30 PM to 07:00 PM, respectively during the Daily Contest Period) shall be entitled for a Television (worth not more than Rs.9,800/-) and a smart phone (worth not more than Rs.9,500/-), respectively; hereinafter collectively referred to as (“Prize”) and; each of the Weekly / Mega Winners shall be entitled to a two wheeler (Scooty) (Value of each such two-wheeler not exceeding INR 50,000/-) hereinafter collectively referred to as (“Mega Prize”) It is further clarified that Star India shall at its sole discretion select the Winners and allocate the Prizes amongst the selected Winners by way of a random selection based on the criterion mentioned herein. The Winners for every corresponding Daily and Weekly Periods shall be declared on the following week via Promos on the Channel and on social media platforms of the Channel. In addition to the aforementioned, at the end of the Contest Period , the Viewer having made valid Entries and submitting the maximum number of correct Answers to all the Daily Questions triggered during the Contest Period shall be selected and declared as the final Winner of the Contest (hereinafter collectively referred to as ‘ Jackpot Prize Winner’). This Jackpot Prize Winner shall be entitled to gratification in the form of 1(one) four-wheeler (Car, worth Rs. 4,15,000/- approximately) from STAR India (“Jackpot Prize”). The Jackpot Prize Winner shall be declared on the Channel at Star India’s discretion.
  1. Star India shall contact the Jackpot Prize Winner /Mega Prize Winner/ Winners for informing them of the date/time at which the Prize/ Mega Prize/ Jackpot Prize may be personally collected by them from a designated venue located in Kolkata, pre-informed by STAR India. The Winner 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/ Mega Prize/ Jackpot Prize. Only the Participant(s) having made a valid Entry(s) and providing the maximum number of correct Answer(s) in a particular Weekly Period and /or Winners providing the maximum number of correct Answers to all the Daily Questions triggered during the Contest Period shall be entitled to the Prize/ Mega Prize/ Jackpot Prize . It is further clarified that save and except the Prize, Mega Prize, and Jackpot Prize Winners 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.
  1. These Winners / Mega Prize/ Jackpot Prize Winners shall be contacted by Star India on the mobile/ phone number through which Entry had been submitted to Star India informing them that they have been selected as the Winner / Mega Prize/ Jackpot Prize Winner of the Contest. The Winner shall be required to submit to Star India scanned copies of their age proof 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). For better clarity, it is explained that for claiming any and all Prizes under this Contest, the Winners should have a valid PAN issued by the income tax authorities and; the Winners are required to produce a copy of their PAN card to Star India for claiming their Prizes (“Winner/Mega Prize/ Jackpot Prize Winner’s 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 telephonic communication received from Star India by the Winner Mega Prize Winners.
  1. Star India shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winner / Mega Prize 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) attempt to call the Winner, Mega Prize Winner and Jackpot Prize Winner. In case any the Winner/ Mega Prize Winner/ Jackpot Prize Winner is unavailable on all the attempts, the selection of that Winner/ Mega Prize Winner/ Jackpot Prize Winner shall be invalidated, and Star India shall at its sole discretion select another winner as the Winner /Mega Prize Winner/ Jackpot Prize 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 / Mega Prize Winner/ Jackpot Prize 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 / Mega Prize / Jackpot Prize Winner and such decision shall be final and binding.
  1. In the event the said Winner/ Mega Prize Winner/ Jackpot Prize Winner fails to adhere to the instructions of Star India and/or fails to submit a copy of their PAN Card and; 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, Mega Prize Winner and Jackpot Prize Winner in any manner whatsoever.
  1. Star India and/or the Channel reserves the right to decide the Winners/ Mega Prize Winner/ Jackpot Prize Winner of the Contest at its sole discretion.
  1. It is clarified hereby that Star India shall have a discretionary right to postpone/ cancel/change the destination of the Prize of reasons of unavoidable circumstances.
  1. 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 /Mega Prize Winner/ Jackpot Prize Winner and the Winner / Mega Prize Winner/ Jackpot Prize Winnercannot transfer the Prize/ Mega Prize/ Jackpot Prize to any other person.
  1. 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.
  1. By participating in the Contest, it shall be construed that the Winner/ Mega Prize Winner/ Jackpot Prize 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/ Mega Prize Winner / Jackpot Prize Winner and/or the Prize/ Mega Prize/ Jackpot Prize.
  1. The final selection of the Winners / Mega Prize Winner / Jackpot Prize Winner 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 / Mega Prize Winner / Jackpot Prize Winner 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.
  1. The Participant/ Winner/ Mega Prize Winner/ Jackpot Prize 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/ Mega Prize Winner’s / Jackpot Prize Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winner / Mega Prize Winner / Jackpot Prize 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.
  1. The Participants/ Winner(s)/ Mega Prize Winner/ Jackpot Prize Winner shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.
  1. By entering the Contest, each Participant(s)/ Winner/ Mega Prize Winner/ Jackpot Prize 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/ Mega Prize/ Jackpot 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 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.
  1. 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/ Mega Prize Winner, if Star India:
  1. 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;
  2. 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.
  1. The decision of Star India in this regard shall be final and binding upon the Participant(s)/ Winner/ Mega Prize Winner/ Jackpot Prize 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/ Mega Prize Winner’s/ Jackpot Prize Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winners/ Mega Prize Winner / Jackpot Prize Winner 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.
  1. In consideration of the participation in the Contest, Participant/ Winner / Mega Prize Winner/ Jackpot Prize 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/ Mega Prize Winner/ Jackpot Prize Winner waive any so-called moral rights in the Entry.
  1. 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.
  1. By participating in the Contest, it is construed that the Participant(s)/ Winners/ Mega Prize Winner/ Jackpot Prize Winner has read and understood these Principal Rules including the General Rules stated below and has agreed to abide by the same.
  1. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(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 above the age of 18 (eighteen) years and a citizen of India and 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.

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) / Mega Prize Winner 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)/ / Mega Prize Winner (s)/ Jackpot Prize Winner 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. Each Participant(s)/Winner(s)/ / Mega Prize Winner(s)/ Jackpot Prize Winner consents to the use of information submitted by the Participant(s)/ Winner(s)/ / Mega Prize Winner(s)/ Jackpot Prize Winner including the Entry(s)/ Answer(s) for the purpose as set out in these Terms and Conditions.

7. 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).

8. In case a Participant(s)/ Winner(s)/ / Mega Prize Winner(s)/ Jackpot Prize Winner 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).

9. 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.

10. 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 Contest 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 Contest mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of recording missed call 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 missed call as 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.

11. 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 Contest 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.

12. The Winner(s) // Mega Prize Winner(s)/ Jackpot Prize Winner 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)/ / Mega Prize Winner(s)/ Jackpot Prize Winner and such other documents that could be furnished as proof that the mobile number is registered in the Winner(s) name.

13. The Winner(s)/ / Mega Prize Winner(s)/ Jackpot Prize 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(s)/ / Mega Prize Winner(s)/ Jackpot Prize Winner 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// Mega Prize./ Jackpot Prize

14. The Prize/ Mega Prize/ Jackpot 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/ Mega Prize/Jackpot 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.

15. 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.

16. 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) / Mega Prize Winner(s)/ Jackpot Prize Winner 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) / Mega Prize Winner(s)/ Jackpot Prize Winner of the Contest, at its sole discretion and transfer the Prize Mega Prize Jackpot Prize to such person. Such decision of Star India shall be final and binding.

17. The Winner(s)/ Mega Prize Winner(s)/ Jackpot Prize Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize / Mega Prize/ Jackpot Prize Winner 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.

18. Star India makes no representation and/or warranty regarding the Prize/ Mega Prize/ Jackpot Prize Winner other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.

19. The Winner(s)/ Mega Prize Winner/ Jackpot Prize Winner 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 / Mega Prize / Jackpot Prize and/or damage during transit or any problem in connection to the Prize/ Mega Prize .

20. The Winner(s) / Mega Prize Winner/ Jackpot Prize Winner 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 accompanying him / her to watch the designated Prize / Mega Prize / Jackpot Prize distribution at the venue 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)/ Mega Prize Winner for the same. The Winner / Mega Prize 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(s)/ Mega Prize Winner/ Jackpot Prize 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 / Mega Prize 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/ Mega Prize 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.

21. The Participant(s)/Winner(s)/ Mega Prize Winner(s)/ Jackpot Prize 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(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.

22. Star India shall not be responsible if the Winner(s)/ Mega Prize Winner(s)/ Jackpot Prize Winner 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.

23. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) / Mega Prize Winner 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.

24. For the sake of clarity, if the Winner(s) / Mega Prize Winner refuses to accept the Prize/ Mega Prize/ Jackpot 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/ Mega Prize/ Jackpot Prize won by the Winner(s)/ Mega Prize Winner)s)/ Jackpot Prize Winner. Further, after forfeiting the Prize/ Mega Prize/ Jackpot Prize, Star India shall be entitled to select and declare another Winner(s)/ Mega Prize Winner/ Jackpot Prize Winner (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize/ Mega Prize/ Jackpot Prizeto that Winner(s) / Mega Prize Winner(s)/ Jackpot Prize Winner and such decision of Star India shall be final and binding.

25. 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)/ Mega Prize Winner(s)/ Jackpot Prize Winner.

26. Neither Star nor its employees have given a guarantee regarding the quality of the Prize and the Winner(s)/ Mega PrizeWinner(s)/ Jackpot Prize Winner 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.

27. Star India will not be responsible nor shall be held liable for defect in the Prize/ Mega Prize/ Jackpot Prize , if any and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize/ Mega Prize/ Jackpot Prize . 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/ Mega Prize/ Jackpot Prize

28. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner/ Mega Prize Winner/ Jackpot Prize 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 Contest mechanism and/or the Prize / Mega 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)/ Mega Prize 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.

29. 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)/ Mega Prize Winner(s)/ Jackpot Prize Winner in any manner whatsoever, in relation to the Contest.

30. 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).

31. Each Participant(s)/Winner(s)/ Mega Prize Winner(s)/ Jackpot Prize Winner 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.

32. The Participant(s)/Winner(s)/ Mega Prize Winner(s)/ Jackpot Prize 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 Prize and/or participation of a Participant(s)/Winner(s)/ Mega Prize Winner forthwith and such decision shall be final and binding.

33. Participant(s)/Winner/ Mega Prize Winner(s)/ Jackpot Prize 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.

34. Participant/Winner acknowledges that Participant’s/Winner’s/ Mega Prize Winner’s/ Jackpot Prize 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.

35. The Participant(s)/Winner(s)/ Mega Prize Winner(s)/ Jackpot Prize Winner shall at all times comply with the laws of India.

36. 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 Contest 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.

37. Subject to the provision of 36 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

Super Singer - Popular Choice

VOTING RULES

These rules for voting (“Voting Rules”) uploaded on http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily participate in the Voting Mechanism (as defined hereunder) of the contest titled “Super Singer- Popular Choice (“Contest”) in respect of the program titled “Super Singer” (“Program”) produced by Star India Private Limited (“STAR INDIA/Company”) aired on the channel STAR Jalsha (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 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 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 Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.

I. PRINCIPAL RULES

The following are the Principal Rules for Voting Mechanism (defined below) for the Program on the Channel conducted by STAR INDIA:

 

1. The Program is a music based reality program wherein contestants between the age of 14 to 70 years (“Contestants”), across India individually compete against each other by voluntarily participating 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 performances, caliber, singing skills , versatility , screen presence, interaction with audience and overall personality at every level /stage of the selection process of the Program, STAR INDIA and/or Shantanu Mukherjee, Abhijeet Mukherjee, Rupankar Bagchi, Lopamudra Mitra, or any other person appointed at the sole discretion of STAR INDIA as judges on the Program (collectively “Judges”) shall at their sole discretion select and shortlist the final contestants (“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”). The Judges shall evaluate the performances of these Final Contestants in the Final Rounds basis the aforementioned parameters and .or any other criteria as deemed fit by them and shortlist 6 (six) Final Contestants who shall then compete with each other in the finale episode of the Program to be shot on 3rd and 4th of October 2020 (“Finale Episode”). On the basis of the performance of these shortlisted Final Contestants and the final scores awarded to them by the Judges basis the aforementioned parameters, the final winner of the Program shall be selected and; declared on the Finale Episode of the Program (“Show Winner”).

3. This Contest is a special award -category under the name of “Popular Choice” (“Category”) wherein the 6 (six) Final Contestants who have been selected to participate and be part of the Finale Episode are nominated for public voting under the Category (“Nominees”). Star India reserves the right to change/alter the list of Nominees at any time. During the Period, the Viewers in the Territory shall on the basis of the overall popularity, talent, performances of the Nominees cast their Vote (defined below) for their favorite Nominee(s) as per the Voting Mechanism provided below. The Nominee with the maximum Votes as per the Voting Mechanism under the Category shall be declared as the winner of Super Singer Popular Choice Award and felicitated with a cash prize of Rs.1,00,000/- (Rupees One Lakh only) in the Finale Episode (“Award Winner”). For avoidance of doubt it is clarified that this Award Winner is separate from the Show Winner. Further it is clarified that this Award Winner shall be solely finalized and declared basis this Voting Mechanism.

4. STAR India reserves the right to promote the Contest through on-air (promos, astons, bugs etc.), , online and any other manner as STAR India may deem fit, at its sole discretion, stating the Voting Mechanism in which the Viewers (s) can participate in the Contest.

 

5. The Voting Mechanism (as detailed below in this clause 5 ) is applicable only for the Contest and shall be open in the Territory from September 12, 2020 at 22:00 hours Indian Standard Time (IST) and will conclude on September 30, 2020 at 24:00 hours IST (“Period”) (both dates inclusive). STAR India reserves all rights to make amendments to the Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Viewer (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 Viewer (s).

I. SMS:

(i) The Voting Mechanism, including the Voting Keywords allotted to each Contestants (Nominees) shall be communicated to the Viewers during the Period via, Program Promos, Astons, Contestants bite promos, Anchor / Contestant announcements during the telecast of the Program, digital promotion etc, To vote for their favorite Nominee(s) under this Contest, the Viewers shall send an SMS through their mobile number selecting the Voting Keywords allotted to their favourite Nominee in the prescribed format and /or any other format as prescribed on the Website from time to time during the Period to 9246033777 (“Vote”). This SMS/Vote sent by the Viewer(s) will be deemed to be received when the Viewer receives a return message from the number 9246033777, “ Thank you for your Entry, Stay tuned to Star Jalsha. If you wish to receive different show updates from Star Jalsha then SMS “JALSHA YES” to 9246033777 ”.

SL #

Name of the Contestant

Voting Keyword

1

Sanchari

SS<space>SAN

2

Sroyee

SS<space>SHR

3

Rajdeep

SS<space>RAJ

4

Deepmala

SS<space>DEE

5

Shalini

SS<space>SHA

6

Dilasha

SS<space>DIL

(ii) It is further clarified that at one time, each Viewer (s) shall be entitled to cast his/her Vote for his /her favorite Nominee under the Category of the Contest only once. For the purposes of the Contest, the Viewer(s) shall be required to cast his /her Vote for his/her favorite Nominee through SMS in the format and as per the voting code, i.e. Nominee Code as provided above,

(iii) It is clarified that each Viewer can give only 1(one) Vote through SMS for a particular Nominee from one mobile number. Multiple votes for the same Nominee from single mobile number will be deemed invalid. However, for avoidance of doubt it is clarified that Viewer(s) shall be free to vote other Nominees under the same Category from the same mobile number simultaneously during the Period.

(iv) For purposes of this Contest, “receipt” of Vote(s) occurs when the mobile/network operator records the Vote upon the Viewer(s) sending the SMS and the Viewer (s) receives a thank you message. Any automated receipt confirmation does not constitute proof of actual receipt.

 

(v) Votes sent after the Period will not be considered and shall be deemed null and void without requirement of any further intimation by STAR India.

 

(vi) For the purposes of participating in this Voting Mechanism, sending their Vote through SMS for their favorite Nominee, under each Category(s) of the Contest during the Period in the format and the appropriate voting code by the Viewer (s) shall be considered as a complete and valid Vote. For the avoidance of doubt, by submitting the Vote the Viewer (s) is representing that the Vote or contents thereof are not confidential or comprise any sensitive personal information.

(vii) If any costs are incurred by the Viewer to participate in the Voting Mechanism through SMS shall be solely borne by the Viewer without any recourse to Star India in the manner as set out herein below.

 

6. It is further mandatory that the mobile number through which the Viewer participates in the Contest via SMS is duly registered in his/her name.

7. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, this Contest and/or any element thereof, list of Nominees, Final Rounds, timelines mentioned above 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.

8. The Voting Mechanism will be announced through program promos, Astons, Anchor mention during the telecast of the Program on the Channel etc., starting from September 12, 2020 and/or on the Website.

9. The Viewers can cast their Votes for only those Nominees who are nominated under the Category of the Contest. Any Votes sent by the Viewers for the Nominees who have not featured in any of the respective Category shall not be considered and shall be considered null and void.

10. The Voting is merely to enable the Viewers to choose their favorite Nominee (s) or to Vote for their favorite protagonist from the Channel’s programs or shows. No winners will be declared and/or prizes distributed for the Viewers participating in the Voting Mechanism. Viewers are not entitled to make any claims in respect of this against the Channel, STAR India, and /or the Program. For the sake of clarity, the opportunity to Vote in the Program shall be the only valuable consideration afforded to the Viewer and the Viewer shall not be offered any prize, monetary or otherwise in return of the Viewer’s participation in this Contest. The Viewer understands and agrees to not dispute the same.

 

11. The decisions in respect of the selection of the Nominees and the selection / declaration eventual Winner 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.

 

12. The Nominee(s) shortlisted and selected by Star India and the Channel are at their discretion and are binding on the Viewer and in no event shall the Viewers dispute the decision made by STAR India, Channel and/or its employees in connection to the same.

13. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Viewer(s) and in no manner whatsoever shall the Channel/STAR India, be responsible for the same.

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. 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 Terms and Conditions or withdraw, change, alter, amend the Voting Mechanism, process of Voting, Nominee and Category Codes, Terms and Conditions, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms and Conditions on this Website, 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 a court of law 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 Votes for the Final Contestant(s) as detailed herein.

6. The Voting Rules shall be promoted 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 and Privacy Policy, then STAR INDIA will be entitled to at its sole discretion disqualify the Votes 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 SMS 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 receiving SMS 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 Votes 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 SMS due to any reason whatsoever including technical disruption/phone lines being open /close /default in internet lines /connection / failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Vote/ failure to logging on automatic acceptance of votes stated in these Privacy Policy 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. 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.

11. Voters shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters.

12. Star India reserves the right to suspend any of the and/or Contestant(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. Votes for such suspended Contestant shall not be counted towards the final counting of the Award Winner.

13. To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against STAR INDIA, 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.

14. By casting their Vote, 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 Award Winner and/or the Winner of the Program, Vote, 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.

15. 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 Vote, agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, 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, Votes 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.

16. STAR INDIA will endeavour 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. Further, the audit firm/ agency will share the voting result on October 1, 2020, following which the result of Super Singer Winner of Popular Choice will be declared during the telecast of Finale Episode of the Program.

17. All Voters 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 SMS rates may or may not be applicable for Viewers to participate in the voting process through SMS. It will be Voter’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 Voter.

19. Star India will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules.

20. 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.

21. 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.

22. Any votes casted outside the voting timelines mentioned in the ‘Voting mechanism’ above shall not be considered valid and will not be counted.

23. 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.

24. 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.

25. Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Vote 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 vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).

26. The Viewer(s) shall comply with the laws of India.

27. Other third party websites may provide information related to the voting process, timelines or any other information which may be relevant to the Program, however, the content on such websites is not subject to our control, 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 Viewers basis such information.

28. 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.

29. Subject to the provision of 28 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.

30. In case of any queries, please write to hello@startv.com setting out your concerns/issues. We shall endeavor to reply to the same in reasonable time, however, no reply shall not construe to acceptance or the query raised.

Participation in Community Creation

Terms & Conditions

1. The following terms and conditions govern the entire process for Selection (as defined below) as detailed herein for participation in the activity for creation of a fan community for certain Star Channels (as defined below) (“Activity”) and shall be binding oneach participant (“Participant”, “Your” and/or “You”) residing and a citizen of India (hereinafter referred to as “Territory”) who voluntarily desire to participate in the Selection conducted by Star India Private Limited (“Company”).

2. These terms and conditions shall be uploaded on the microsite hosted on the Company website and available at https://ss1community.startv.com/Home/Index (“Website/ Platform”) and the privacy policy, terms of use and user generated content in relation thereto (which are incorporated herein by reference) (together, the "Terms and Conditions ") shall be irrevocably binding on each Participant(s) participating in the Selection. The participation by the Participant(s) in the Selection in the manner as detailed below shall be deemed to be their absolute agreement to the Terms and Conditions, whether or not these Terms and Conditions are signed by such Participant(s).

3. By proceeding further, You are representing to the Company that your participation in the Selection is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law.

Definitions

Selection Period” shall mean the period stipulated herein and /or updated by the Company at its discretion on the Website/Platform as mentioned above and communicated from time to time.

"Participant(s)": Means any natural person(s) who has attained the majority and is a resident/citizen of India and enters the Selection after signing all requisite documents as required by the Company.

Selected Participant” means the selected Participant(s) who are selected through the process of the Selection to participate in the Activity;

Intellectual Property ” means any and all current or future intellectual property rights, including, without limitation, patents, trade marks, 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 the Selection and any other Intellectual Property created/ generated by the Participants during the course of participation in the Selection/Activity;

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 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 Laws Of Malaysia Copyright Act 1987 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

Channels” means the channels Star Sports 1 Tamil and Star Sports 1 Kannada or other such channels owned and operated by the Company and/or its affiliates.

PRINCIPAL RULE:

· The Selection Period for the various modes of Selection shall be from September 2020 to August 2021.

The selection and shortlisting process for the Selection shall be conducted as detailed below:

SELECTION

 

The Selection shall be conducted in the manner as detailed below:

1. Procedure to register:

The Company shall promote the registration through platforms it deems fit, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Selection.

2. To register and to participate in the Selection, the interested Participant(s) shall be reached by the Company with a link to the Website. The Participant(s) shall click on the link and upon expressly consenting to their participation in the activity shall be eligible for the Selection. The Participants agree and acknowledge that the Company 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 the Selection and the Participant(s) shall unconditionally facilitate the same.

3. It is clarified that the Company reserves the right to close the registration process at any time it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding. Any entry made after the Period will not be considered and shall be deemed null and void. The Company hall not be responsible for any entries submitted but not received due to any reason whatsoever.

4. Upon acceptance of these Terms and Conditions, Participant(s) shall be required to answer certain questions as determined by the Company in its sole discretion. Basis the responses the Participant(s) shall be evaluated by the judges of the Activity appointed by the Company its discretion (“ Judges”).

5. The Judges panel will judge the Participant(s) on the basis of their responses and the purpose of the Activity and such other criteria as may be determined by the Judges and the Company their sole discretion and their decision shall be final and binding on all the Participant(s).

6. The Company shall select Selected Participant (s) from amongst the Participant(s) selected by the Judges for the Activity and the Selected Participant (s) shall be required to do the following :(i) sign a separate document containing the terms and conditions for participating in the Activity along with such other documents as required by the Company in its discretion (ii) make themselves available for shoot dates and travel to any place for the shoot/meet-up as may be informed by the Company from time to time (iii) be available at the time and date communicated by the Company for the purposes of the Activity. The Company may disqualify any Selected Participant(s) for their non-availability at the sole discretion of the Company.

7. The Participant(s) shall make a declaration as to the physical and mental fitness of the Participant to participate in the Selection.

8. All ancillary costs not expressly agreed to be paid by the Company and incurred by Participant(s) shall be the sole responsibility of the Participant(s).

9. All decisions of the Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever.

10. The Company reserves the right to withdraw the Activity and Selection at any time for any reason whatsoever.

11. It is clarified that Participant(s) who have participated in similar activities and/or are a part of a similar community for any channel, will need to mandatorily inform the Company about such participation prior to participating in this Selection. The final decision whether to select such Participant (s) for the Selection shall vest with the Company.

12. For avoidance of doubt it is clarified that the final selection of Selected Participant(s) made by the Company and shall be final and binding on all the Prticipant(s). In the event of any fault, misunderstanding or dispute concerning any part of the Activity/Selection, the decision of the Company shall be final and binding.

13. The Company will not be liable for any non-selection of a Participant due to technical faults including any internet issues.

GENERAL RULES

 

1. The Selection is strictly open to Participant(s) who have attained the age of majority and are citizens/residents of India during the Period of the Selection.

2. The Participant(s) must participate in the Selection only as an individual and through his/her individual id. For clarification, it is stated that the participation cannot be of a fan group created by an individual or a company or a partnership.

3. The Company excludes its liability to the Participants to the maximum extent permitted by law, including, without limitation, in relation to any injury, emotional, mental trauma caused to the Participant (s) in any manner whatsoever or for any reason whatsoever in connection to the Activity and/or any aspect related to Selection process.

4. The Company reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant(s). Further, the Company reserves the right to terminate / postpone the Selection at any time without any prior intimation or notice to the public/ Participants. The Company/Channels are not obligated in any manner whatsoever to compensate any person or persons who have participated in the Selection and/or accommodate any person or persons who have been selected in the Selection.

5. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Selection. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Selection/Activity. 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 that might render them incapable of participating in the Activity.

6. Participant(s) is required to furnish necessary documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Selection.

7. 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).

8. Participant represents to the Company that the Participant is free and competent to enter the Selection and Activity, the sole, absolute, unencumbered legal and beneficial owner of all rights granted to of the Works, 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 honoring any of the Terms and Conditions.

9. The Company reserves the right to change the selection process of the Activity and /or format of the Selection process stated herein and/or the requirements of any of the Selection, without any prior intimation to the Participant and/or the public.

10. Participant(s) must enter the Selection voluntarily on their own behalf and entry (ies) by proxy will not be accepted.

11. Participant(s) shall not during the Selection/Activity 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 or disregard/disrespect any sports or players of the sports in any manner whatsoever. Participant(s) shall ensure that his/her Act does not contain any element which is: (a) immoral in nature; and/or (b) dangerous to life or prejudicial to the health, physical fitness and kind treatment of the Participant.

12. Participant(s) shall not grant or publish any interviews, publish any information /details news articles, or issue any other kind of press or public release concerning their participation in the Program without the Company’s prior written consent in each instance.

13. Participant(s) shall not do any act either directly or indirectly which may bring the Company /or the Activity 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 demeanour and choice of language to create an atmosphere which would be conducive to the Selection/Activity.

14. If the operation of the Selection/ Activity (including without limitation the operation of the internet system); the Selection, Activity or any other related activity is prevented by an war, industrial action, flood or any Act of God, or applicable law or any act beyond the reasonable control of the Company (whether known or unknown at the time of the acceptance of the Terms and Conditions) (“Force Majeure”), the Company may at its sole discretion cancel all or any part of the Selection/Activity and/or participation of a Participant(s)/Selected Participant(s) forthwith and such decision shall be final and binding on the Participants.

15. Notwithstanding a Participant 's participation in the Selection/Activity there is no obligation on the part of the Company to broadcast any show/part thereof in which he/she has taken part, or any or all of his / her contribution as recorded by the Company.

16. Participant (s) specifically agree, allows, grants and permits the Company any party authorized by it to record (audio-video/audio or video), the participation process/performance at the Selection/Activity, including the acts and performances, any interaction of the Participant with the Company, third persons, fellow Participant or any representative of the Company, if any, of the Participant (s) rendered during the Selection or any related series of sound recordings and video recordings which have been shot during the Selection, 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 Activity. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company entitled to exploit the same in any manner it may deem fit.

17. In consideration of being afforded an opportunity to participate in the Selection/Activity, the Participants represent and warrant 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 grants 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 not 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.

18. The Participant(s) waive off their “Moral Rights” with respect to the Works / participation in the Selection/Activity. Further, the Participant(s) agree and acknowledge that there is no gratification or any other monetary benefit of their participation in the Activity/ Selection and they shall not be entitled to any share in the revenues arising from exploitation of the Works (if at all by the Company in its discretion).

19. The Participant agree and acknowledge that the Channel / the Company shall have the sole and exclusive right to edit, alter, modify and or use any Works in respect of their entry uploaded on the Channel in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Selection or any ancillary event related to the Selection/Activity).

20. 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 and purpose of the Activity all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. The Company 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 Activity or the Company or the Channel without notice to the Participant and without any further compensation to the Participant.

21. The Participant acknowledges and understands that the participation in the Selection is at their own risk. The Company shall not be responsible for the Participant’s safety during the Selection, nor shall they be required to obtain any insurance in relation to the same for the Participant other than as required by applicable law.

22. Certain information relating to the Channel, Company, Activity will be disclosed to the Participant(s) by the the Company which is confidential and/or proprietary in nature, and includes data, the format of the Activity, 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 the Company, and is valuable, special and unique to the business of the Company. Participant(s) shall not discuss and/or disclose any information about the Selection/Activity, with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Selection.

23. 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.

24. Participant 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.

25. Participant acknowledge that their representations, warranties, indemnities, grant of rights in the entry and Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

26. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India.

The parties irrevocably agree that the courts of Mumbai shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms and Conditions, its subject matter or formation.

"MyBiggBossEye” Contest

Terms & Conditions

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 MyBiggBossEye(‘Contest ’) which will be hosted by Asianet Star Communications Pvt Ltd. (“ASCPL / STAR/ Company ”) on the Vijay TV Twitter profile, i.e @ https://twitter.com/vijaytelevision (“VIJAY TV Twitter Handle”) on Twitter, Vijay TV Instagram profile i.e @ - https://www.instagram.com/vijaytelevision/ (“VIJAY TV Instagram Handle”) on Instagram and on the Vijay TV Facebook page on Facebook, i.e https://www.facebook.com/VijayTelevision/ _(“Vijay TV Facebook Page”) (collectively referred as “Platforms”) as a part of the promotion and viewer engagement of the upcoming season of the non fiction show titled “ Big Boss -4” (“Program”) on the Tamil GEC channels owned and operated by the Company (“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 ASCPL for all matters relating to the Contest shall be final and binding in all respects.

ASCPL 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 ASCPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). ASCPL is committed to protecting the privacy and the confidentiality of the Personal Information received. ASCPL uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information in dealt in the manner laid down in the Privacy Policy of ASCPL 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 ASCPL 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 ASCPL (if any).

 

PRINCIPAL RULES

(I) ASCPL shall announce and market the Contest on its social media platforms/pages of ASCPL on Facebook, Twitter and Instagram from 2 nd September onwards .

 

(II) Participant ’ Eligibility:

 

(a) The Contest is open only to persons who are the citizens and residents of India and shall be of 18 years of age and above. The Participant must have a valid and existing Facebook profile and /or Instagram profile / account and /or Twitter account during the Contest Period.

(b) Permanent and/or contract employees and directors of ASCPL its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “STAR Entities”) and each of their immediate family members are not eligible to enter the Contest.It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest from time to time. ASCPL reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants (ii) make amendments to the existing Terms & Conditions or Contest Period or withdraw, change, alter, amend the Terms and Conditions (iii) extend or curtail the Contest Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant 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 in the Terms and Conditions and abide by the same without any recourse to ASCPLfor any reason whatsoever.

 

(III) Contest Procedure:

 

a. The Contest shall start on September 2,2020_at 6 PM IST and end on September 30,2020_at 11.59_PM IST (“Contest Period/Period ”).

b. To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period:

· log into either or all three of the Platforms using his/her Twitter/Instagram / Facebook account/credentials and click on the relevant page/tab of the Contest on the respective Platforms or in any other manner or form as may be prescribed /requested on the Platform.

· Follow the Vijay TV Twitter Handle and/or VIJAY TV Instagram Handle and /or VIJAY TV Facebook Page on the respective Platforms.

· Allow full access to the Facebook, Twitter and Instagram handles of the Channel to the respective Participant’s profile.

· The Participants shall then upload their Videos(as defined below) through their respective

  • Video Upload Functionality :

i. The Participant(s) shall record a video in format and as per the timelines as prescribed by the respective Platform featuring an artistic work in any form including but not limited to a drawing , painting , carving , sculpture, wood work etc which has been conceptualised , developed ,created and finished by him /her independently based on his /her creative interpretation of the “Big Boss Eye” forming part of the logo of the Program (“Video”). For avoidance of doubt it is clarified that for the purpose of participating in this Contest , the aforementioned artistic work has to be original , unique and based on the Participants creative interpretation of the Big Boss Eye and cannot be a “AS IS” replication of the existing Bigg Boss Eye. Any Video featuring an AS IS replication of the Bigg Boss Eye, will be disqualified automatically from participating further in the Contest.

ii. It may be clarified that Videos uploaded in any other format other than that prescribed or having an unclear audio or video will be deemed invalid and will be disqualified.

iii. The Videos shall be uploaded on the respective Platforms in the following manner and shall at all times be in accordance with the Terms of Use/User Conditions of the respective Platforms:

  • Twitter – The Participant shall upload the Video on Twitter through his / her handle / account using the hashtag #MyBiggBossEye by tagging @vijaytelevision;
  • Instagram - The Participant shall upload the Video on Instagram through his / her handle / account using the hashtag # MyBiggBossEye by tagging @vijaytelevision;
  • Facebook - The Participant shall upload the Video on Facebook through his / her handle / account using the hashtag # MyBiggBossEye by tagging @vijaytelevision;

iv. The Video shall be uploaded by the Participant afresh on the respective Platforms and not through any third party links or applications.;

v. Once the video is uploaded by the Participant, it shall appear on the home page/news feed of the respective Platforms of the Participants, failing which the Participant shall not have deemed to submit a valid Video for the purpose of the Contest. For purposes of the Contest, “receipt” of Video or Entry (as defined below) occurs only when the Platform(s) website server records receipt of the Video upon the entrant clicking “Submit/Post/Upload” button and the Video appears on the homepage /news feed of the respective Platform. It may be clarified that ASCPL shall not separately notify any Participant in respect of acceptance/due submission of the Video(s) uploaded.

vi. (i) Logging onto the Platform in the manner as stated hereinabove (ii) mandatorily having a valid Twitter/Instagram account (iii) being a resident of India aged eighteen (18) years or above during the Period of the Contest (iv) uploading the Video on the respective Platform(s) with the requisite hashtag #MyBigBossEye and tagging@@vijaytelevision on the respective Platforms in the manner as set out herein, shall be considered as a complete and valid entry (“ ENTRY”). For avoidance of doubt it is clarified that for the purposes of this Contest , Entry shall deemed to include the Video as well as the artwork created by him and her and forming part of the Video . For the avoidance of doubt, if the Participant(s) uploads the Video on the Platforms without the pre- decided hash tag or if the Participant does not have a valid Twitter or Instagram or Fcaebook account or is not resident of India or is a minor, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible to be shortlisted for the Prize (as defined below). The Participant(s) agrees and acknowledges that by submitting the Entry and /or Video the Participant(s) is representing that the Entry(s) and /or Video or contents thereof are not confidential or comprise any sensitive personal information.

vii. A Participant shall be allowed to upload same Video on all the Platforms. All such Videos uploaded will be considered as three separate Entries. However, each Participant can upload only one (1) Video on a particular Platform. If a Participant uploads multiple Videos on a particular Platform, only the first video uploaded by the Participant on such Platfrom shall be considered as the Entry submitted by the Participant for the purpose of the Contest.

viii. A Participant is allowed to upload Videos only through his/her single Twitter/Instagram/ Facebook account;

ix. Only Entries submitted on or before September 30, 2020_shall be considered for the purpose of the Contest;

· The Participant by uploading and /or submitting his Video(s) on the respective Platforms, agrees and undertakes to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Facebook, Twitter, Inc. and Instagram, LLC and acknowledge that such Platforms reserve the sole and exclusive right to make amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same and abiding by the same without any recourse to ASCPL for any reason whatsoever. The Participant hereby agrees that any dispute arising between the Participant and any of the Platforms shall be resolved directly between such parties without any reference or recourse to ASCPL. The Participant will be solely responsible for complying with the terms stipulated by Facebook, Twitter, Inc. and Instagram, LLC, and shall not at any time hold ASCPL responsible for any inability on the part of the Participant to submit/ upload the Video(s) by reason of any restrictive terms imposed by such Platforms and/or on account of the Participant’s failure to comply with the terms imposed by the Platforms.

· The Participant hereby represents, covenants and declares that (i) the Video and the artwork forming part of the Video is original, unique and is created solely by the Participant based on his creative interpretation of the Big Boss Eye (ii) the Video and the artwork forming part of the Video 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 (iii) that he/she fully owns and controls all rights and interests including all intellectual property rights in the Video(s) and the artwork forming part of the Video and that no other person or party has right or interest in the Video and the artwork forming part of the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Video(s) and the artwork forming part of the Video shall not expose ASCPL to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Video(s) and the artwork forming part of the Video are not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Video(s) and the artwork forming part of the Video to the prejudice of any rights granted to ASCPL hereunder (vii) the Video(s) and the artwork forming part of the Video is not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Video(s) and the artwork forming part of the Video by ASCPL for the purpose of the Contest have been secured by the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to ASCPL. In the event the publishing of the Video(s) 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, the respective Platforms and/or ASCPL shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Video(s) or reject the Video(s) altogether, and the Participant agrees not to object to the same. The Participant(s) 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 the Video and the artwork forming part of the Video.

· The Participant agrees and undertakes that the Video and the artwork forming part of the Video submitted by him/her for the purpose of the Contest is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.

· ASCPL 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 Entry/Video and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate Personal Information, Video(s) not in the required format as prescribed herein or which consist of content which is offensive or abusive or blasphemous or copied will be considered invalid, shall be considered null and void and will be disqualified from participating in the Contest.

· The Participant(s) agrees and consents to the use of ASCPL of the Video including the artwork forming part of the Video as irrevocable part of the Entry on the respective Platforms, any other social media page of ASCPL or any other format / media as ASCPL may deem fit for the purpose of promotion of the Contest. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby assigns in favour of ASCPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis ,all Intellectual Property vested in the in the Entries including the Videos and the artwork forming part of the Video forming part of it, to Exploit the Videos and the artwork forming part of the Video in any manner deemed fit by ASCPL at its discretion including but not limited to any other social media platform page of ASCPL, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by ASCPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Video and the artwork forming part of the Video or any part thereof as required. The Participant agrees and authorizes ASCPL to digitally modify, edit, truncate, the Video uploaded and submitted by the Participant(s) in any manner whatsoever. The Participant(s)/ Winner(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or Video at any time without the prior written consent of ASCPL. The Participant agrees that ASCPL shall be entitled to exploit the Video and /or Entry including the modified videos in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Video in any manner deemed fit by ASCPL in its sole discretion. It is agreed that all rights, title, and interest in the Video including rights in any form of intellectual property and rights in any form of exploitation will be owned by ASCPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Video and /or Entry and /or modified video by ASCPL or any third party authorized by ASCPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.

For the purposes of this Contest, “Exploitation” shall mean 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 Video(s) 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.

IV) Gratification :At the end of the Period on the basis of the Participant(s) having made a valid Entry, all the Video(s) uploaded on the Platforms and fulfilling the criteria set out herein shall be collectively viewed and rated by a panel comprising of the representatives of ASCPL as determined by ASCPL in its sole discretion. This panel shall rate the Video(s) on the basis of the originality , uniqueness, creativity and /or any such other criteria as may be solely determined by ASCPL/Channel at its sole discretion and accordingly shortlist Participants.

· Out of these shortlisted Participants, ASCPL shall, based on the criterion mentioned hereinabove at its sole discretion, shortlist the top five (5) Videos uploaded (“Top 5”). The Participants by whom Top 5 Videos are uploaded shall be collectively referred as the “Winners”. The Winners shall be announced by ASCPL on or before 30th September, who will be entitled to have their Videos along with their artwork forming part of the Videos and their Platform profile picture published and /or Exploited by ASCPL across all its channels / platforms / social media in any manner as deemed fit by it at its discretion (“Gratification/ Prize ”) .

· there is no other gratification on the Channel or any other platform owned by ASCPL and /or its affiliates in any manner as deemed fit by ASCPL at its sole discretion’. Participant(s)/Winner(s) agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Winner(s). For avoidance of doubt it is clarified that ASCPL’s decision in regard to the selection and declaration of the Participant(s) and/or Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are Participant(s) and subsequently declared as Winner(s) based on the criterion mentioned hereinabove, by ASCPL at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Participant(s)/Winner(s) 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

a. ASCPL reserves the right to announce the name of the Participant(s) and/or the Winner(s) either on-air on theie digital / social media pages e and/or on the Channel.

b. All decisions of ASCPLshall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s)/Winner has waived his/her right to dispute any decision(s) made by ASCPLin relation to the Contest and/or Gratification, to the extent applicable under law.

c. The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Participant(s)/Winner(s) agrees and undertakes that no cash equivalent or alternative prize will be given to the Participant(s)/Winner(s) and the Participant(s)/Winner(s) cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Participant(s)/Winner(s) and the Participant(s)/Winner(s) cannot transfer the Gratification to any other person.

d. The Participant(s)/Winner(s) shall not in any circumstances make any claims against the ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the winner’s participation in the Contest or any related activity, to the extent permitted under law. If the Participant(s)/Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry / Video will stand disqualified and such decision shall be final and binding..

e. If ASCPL so elects, the Participant(s)/Winner(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the Participant(s)/Winner(s) will not bring ASCPL Entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on ASCPL as determined in their sole discretion.

f. ASCPL shall in no manner whatsoever be responsible for security of Participant(s)’s/ Pparticipant(s)’/Winner(s)’ Video including the artwork and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

g. 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 gratification 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 ASCPL and/or ASCPL 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. In any case ASCPL’s entire liability under this terms and conditions shall not exceed the total monetary value of the gratification .

h. ASCPL shall select and announce the Winners in the following manner:

i. ASCPL shall announce the Winners only on the respective Platform(s);

ii. For this purpose, ASCPL shall either (i) tag the respective Winner on the Platform(s) or (ii) drop in a personal text on such Platform(s);

iii. The final selection of the Winner(s) shall be made by ASCPL and shall be final and binding on the entire Participant (s)/Winners and in no event shall the Participant (s)/Winner(s) dispute the decision made by ASCPL or its employees in connection to the Entry and /or the Contest and/or the Prize. 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, and/or delivery of the Prize, the decision of ASCPL shall be final and binding.

iv. The Participants/Winner(s) shall not in any circumstances make any claims against ASCPL 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.

v. The Participants/Winner(s) shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the on which this Contest is hosted.

vi. The Winners shall thereinafter be irrevocably bound to submit to ASCPL attested copies /documents evidencing /providing proof of their age and address (as requested) on or before 30th September at the address as intimated by ASCPL. In the event, either of the Winners is unable to provide the necessary documents as requested by ASCPL within twenty four (24) hours of being intimated, for any reason whatsoever, then ASCPL reserves the right to replace that Winner with a subsequent Participant selected, who has made a valid Entry and who is selected by ASCPL based on criterion mentioned hereinabove at its sole discretion on a random basis. It is clarified that such decision of ASCPL and/or Channel shall be final and binding on all Participants including the Winner(s) and Winners (s) undertake to not dispute the same.

vii. 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 ASCPL and/or ASCPL 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.

V. ASCPL 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 ASCPL from time to time. ASCPL reserves the absolute right and discretion to reject any “Entry/Video” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if ASCPL:

a. receives any notice or complaint relating to the Entry/ Video not being compliant of the Rules and Regulations including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party;

b. Participant further agrees and undertakes that he /she shall not upload, or submit any video that:

· belongs to another person and to which the Participant does not have any right to;

· 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;

· 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 Video or communicates any information which is grossly offensive or menacing in nature;

· impersonates another person;

· 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.;

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

The decision of ASCPL in this regard shall be final and binding upon the Participant(s)/Winner(s).

VI. 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 below and has agreed to abide by the same.

VII. 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/ ASCPL, be responsible for the same.

VIII. Irrespective of whether the Participants have been disqualified and /or their Videos have not been shortlisted by the jury of ASCPL, ASCPL shall continue to have the right to Exploit and /or publish the Videos submitted by the Participants on any platforms owned by ASCPL worldwide in perpetuity.

GENERAL RULES

 

1. The Participant(s) interested in participating in the Contest must be above the age of 18 years and residing in India during the Contest Period and at the date of the Gratification. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Contest.

2. Proof of age, if requested, of the Participant(s)/(s)/Winner(s) and/or the family members of the Winner must be submitted to ASCPL (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).

3. ASCPL 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) to check the Terms and Conditions of the Contest on the Website .

4. Non-conformance by the Participant(s)/Winner(s) to any and all the Terms and Conditions herein or as set by ASCPL from time to time will make such Participant’s/ Participant(s)/Winner(s) Post null and void.

5. ASCPL reserves the right to disqualify any Participant(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 ASCPL from time to time. The decision of ASCPL in this regard shall be final and binding upon the Participant(s).

6. By participating it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Contest.

7. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the Terms and Conditions the decision of ASCPL shall be final in this regard.

8. The Winner(s) agree that he/she shall not hold ASCPL and/or its employees, responsible for delays or any problem in connection to the Gratification.

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

10. ASCPL 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 Participant(s)/Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Gratification.

11. ASCPL reserves the right to forfeit the Gratification in the event it is found by ASCPL that any information provided by the Participant(s) and/or the Participant(s)/Winner(s) is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Participant(s)/Winner(s). In this contingency ASCPL shall have the right to declare another eligible Participant(s) who qualifies as per the criteria stated above, as the Winner of the Contest and transfer the Gratification to that person.

12. The Participant(s)/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 ASCPL in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to ASCPL.

13. The Participant(s)/ Winner(s) acknowledges that in case the performance of this Contest and/or availing the Gratification 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 5 days, then ASCPL shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/ Winner(s) forthwith and such decision shall be final and binding.

 

14. The Participant(s) /Winner(s) shall not in any circumstances make any claims against ASCPL 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 (directly or indirectly), to the Participant(s) and/or the Participant(s)/Winner(s) participation or non-participation in the Contest or any related activity. If the Participant(s) and/or the Participant(s)/Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.

 

15. The Participant(s) and/or the Participant(s)/Winner(s) shall hold harmless and indemnify ASCPL, 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 Winner(s) and or their family members/friend’s invited by the Winner(s) in any manner whatsoever in connection with the Contest and/or the Gratification and also to the extent possible 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.

16. The Participant(s)/Winner(s) shall hold harmless and indemnify ASCPL, 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 ASCPL in connection with any act of the Participant(s)/Winner(s) and/or the Contest and/or Post including the photograph, text in the Post and/or any third party rights claims with respect to the material submitted by the Participant(s/Winner(s).

17. The Winner(s) of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with ASCPL 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 Participant(s)/Winner(s) gives his/her consent to ASCPL and/or any other agency on behalf of ASCPL to make the footage of the participation in the Promotional Activity The Participant(s)/Winner(s) in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Participant(s)/Winner(s) shall vest with ASCPL, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and ASCPL may exploit the same in any manner and in any media whatsoever at any time throughout the world..

18. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/ /Winner(s) and ASCPL and its affiliated companies is not a confidential, fiduciary, or any other special relationship.

19. Participant(s)/ Winner(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

20. The Participant(s)/ Winner(s) agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Contest, the Gratification and/or any other aspect related to the Contest.

21. Participant acknowledges that Participant’s representations, warranties, confidentiality, indemnities, grant of rights in the Post, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

22. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the Gratification 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 Mumbai, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.

23. In case of any dispute or other matter arising in reference to the Contest and/or the Gratification, subject to the provision of Clause 22 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 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Chennai , India.

Ask Me Anything Contest 2020

terms & Conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for participation in the Ask Me Anything Contest 2020 (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in UAE, Qatar, Bahrain, Oman, Kuwait, and Saudi Arabia (hereinafter collectively referred to as the “Territory”) who voluntarily desire to participate in the Contest hosted by Star Asianet Middle East FZ LLC together with its affiliates, associates, agencies etc., as the case may be (collectively referred to as “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 the Company’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 the Company’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, information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by the Company (if any).

The Contest shall commence on 7th September 2020 at 12:00 a.m. and shall conclude on 16th September 2020 at 12:00 a.m. (“ Contest Period”). For the avoidance of doubt, it is clarified that the Entries must be submitted within the Contest Period. However, the Winners may be selected and the Prizes may be made available after the end of the 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 residents of the Territory, who are not citizens of any sanctioned country (where sanctioned country means Belarus, Burma (Myanmar), Crimea, Cuba, Democratic Republic of Congo, Iran, Ivory Coast, Liberia, North Korea, Somalia, Sudan, Syria, Zimbabwe and any other country against whom the U.S. economic sanctions programs are or may be maintained by the U.S. Government).

2. The Participant(s) must be aged 18 (eighteen) years or above and should have attained the age of majority in their jurisdiction at the start date of the Contest Period.

3. 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.

4. The Contest is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) the Company, its parent, subsidiary and/or affiliated companies (collectively, “Company 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 ”).

5. The Company reserves the right to verify the eligibility of all Participants.

6. Non-conformance by the Participant(s) with any and all of the Terms and Conditions herein or as set by the Company from time to time will make such Participant’s participation in the Contest null and void.

(II) Participation Mechanism:

 

1. Questions (which may be in any format) related to the Celebrity (as defined hereafter) or the Celebrity’s show(s) (“Questions ”) shall be posted by the Company on the Star Plus Facebook and Instagram pages (“Social Media Pages”) available in the Territory. The content, format, frequency and timing of the Questions shall be at Star’s sole discretion.

2. To enter the Contest, Participants must follow the Social Media Pages during the Contest Period and share the correct answer to the Questions during Contest Period. To send in their answers to the Questions, Participant(s) may respond to each Question in the manner specified for that Question, on the Social Media Pages (“Entry”).

3. Only the first Entry by a Participant for any Question shall be allowed and considered for the purpose of determining the Winner for that Question. For the sake of clarity, if a Participant has submitted multiple Entries for any one Question, only the first Entry shall be considered for each Question, and any subsequent Entry(ies) shall be considered null and void.

4. Any Entry 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. All information submitted by the Participant must be accurate and complete and are subject to the provision of proof(s) by the Participant, upon request by the Company. It is clarified that Participants who have already provided the required information in a previous Entry shall be required to provide the required information again in every fresh Entry that they submit.

5. Participant(s) must enter the Contest on their own behalf only and Entry(ies) by proxies shall not be accepted.

6. The Entries received before the commencement and/or after the expiration of the Contest Period shall be void. The Company’s determination of the date and time of receipt of Entries shall be final and binding on all Participants. Any incomplete and/or illegible Entries will result in disqualification from participation in the Contest and the receipt of any Prize.

7. The Company 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, the Company 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.

8. Only eligible Entries received from eligible Participants, during the Contest Period, will be considered for the Contest. Each Participant represents that the Entry is authentic and not fabricated for the purposes of the Contest.

9. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, obscene, defamatory, derogatory, 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 the Company, Company Entities and/or Sponsors indemnified from any claim thereto.

10. 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.

11. You will be eligible to receive the Prize (as defined below) in accordance with the Selection Process and Gratification section below.

(III) Selection Process and Gratification:

1. The Company will within 7 days after the expiry of the period in which Entries may be submitted for each Question or as otherwise decided by the Company in its sole discretion, shortlist and contact five (5) Participants (using a randomiser to select the winner from among all Participants who have answered all five Questions correctly) who will be eligible for the Prize (individually a “Winner” and collectively “ Winners”). Such Winners shall be required to fulfil all of the requirements set out in these Terms and Conditions.

2. The Winners will be contacted through the contact details provided with the Entry. Such Winners will be required to execute any and all legal documents as required by the Company. In case a Winner is unable to verify the eligibility details, the said Winner shall be disqualified from the Contest, at the sole discretion of the Company.

3. The results of the Contest and the Winners will be announced by the Company within twenty four (24) hours after the expiry of the period in which Entries may be submitted for each Question or as otherwise decided by the Company in its sole discretion. In the event, such announcement of Winner(s) is postponed for any reason whatsoever, the Company will not be held responsible for and there shall be no announcement of Winners on any public forum or otherwise. In the event that the Company is of the opinion none of the Participants are eligible to be selected as a Winner, then the Company may exercise its discretion not to select any Winner.

4. The Company shall not be responsible if the Winner(s) are not available at the contact details provided by them in the Entries and as a result of which the Winner(s) loses their chance to receive the Prizes. The Company shall make only one (1) attempt to reach the Winner(s). In case they do not revert within the timeline specified in the Company’s communication to such Winner, the selection shall be invalidated and the Company shall not be liable to such Winner(s) in any manner whatsoever. For the avoidance of doubt, it is clarified that if a Winner’s selection is invalidated due to their non-response to the Company’s communication, the Company shall have the right (but not the obligation) to select the next eligible Participant as the Winner.

5. The Winner(s) shall be required to be available as required by the Company to share their questions for Aditi Sharma and/or any other celebrity(ies) that the Company may specify from time to time (“ Celebrity”) and the Celebrity shall answer one or more of the questions (at their sole discretion) received from the Winners and mention the Winner(s) name(s) when answering the relevant question(s) (“ Prize”). For the avoidance of doubt, it is clarified that the Celebrity may choose not to answer any question(s) at their sole discretion and neither the Celebrity nor the Company shall be liable in such an event. The Company shall not be liable if any Winner for any loss/ damage to their person or property caused/incurred during the Winners’ receipt of the Prize and the Winner(s) shall keep the Company indemnified for any loss suffered as a result of the same.

6. The Winner(s) shall ensure that the question they want to ask the Celebrity is original, decent and is not immoral, obscene, defamatory, derogatory, abusive, offensive, insensitive, libellous or blasphemous to any person (including the Celebrity) nor does it violate the right to privacy of any person. The Winner(s) also agrees and confirms that its question for the Celebrity is in compliance with all applicable laws of the Territory and agrees to keep the Company, Company Entities and/or Sponsors indemnified from any claim thereto. Any non-compliance with this clause shall lead to the immediate disqualification of the Winner concerned without any liability to the Company, Company Affiliates, the Celebrity or the Sponsors.

7. If any Participant engages in any behaviour that the Company in its sole discretion believes to be prejudicial to the spirit of the Contest, it will result in such Participant’s disqualification from the Contest and the receipt of any Prize.

8. 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.

9. All decisions taken by the Company 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 the Company.

10. The Company reserves the right to change or withdraw the Prize should the selected Winner(s) fail to comply with any of the Contest Terms and/or applicable laws or for any reason whatsoever.

11. The Company, the Company Entities, the Celebrity 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.

12. In case Participant(s) and/or Winner(s) fail to produce any documents required by the Company 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 the Company.

13. The Prizes are non-refundable, 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(s) 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) CONSENT FOR PROCURING PERSONAL INFORMATION

1. In connection with participating in the Contest organized by the Company 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 applicable laws, as may be amended from time to time (collectively, “Personal Information”), which Personal Information is subject to: the Company’s personal data privacy policy available at https://www.startv.com/legal-terms-policies/#ppn2020 (“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) may be collected by the Company pursuant to the Contest Terms, in connection with the Contest. You hereby also agree that it may be/become 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 your Personal Information.

(g) You hereby agree to abide by the Contest Terms.

(V) ADDITIONAL TERMS:

1. The Winner(s) shall also be required to comply with the terms and rules as may be published, displayed and/or communicated by the Company, from time to time.

2. The Company 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 the Company and the Social Media Pages.

3. The Company 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 the Company, the Company 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 the Company 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”). The Company 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 the Company and/or the Company Entities. By entering the Contest, the Winner(s) grant the Company and the Company Entities unlimited use of their names, social media handles, 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 Company and may be utilized by the Company 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 Company including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

9. Except as expressly provided herein, all ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the selected Winner(s).

10. By providing any Personal Information to the Company 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 the Company. 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 the Company the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, the Company cannot be held responsible and/or liable for the same.

13. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, illness, infection, 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 Prizes.

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

15. The Participant(s) and/or the Winner(s) shall fully indemnify, defend and hold harmless, the Company its affiliates, officers, directors, employees and agents and the Celebrity (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. 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 Prizes and/or any decision of the Company, in any manner whatsoever.

17. The Contest shall be governed by and construed in accordance with the applicable laws of the United Arab Emirates. All matters with respect to the Contest are subject to the exclusive jurisdiction of the courts at Dubai.

18. 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 Prizes 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 the Company and/or the Company 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.

Privacy Policy

SCOPE OF THIS POLICY

This privacy policy describes the treatment of information provided or collected on the sites and applications where this privacy policy is posted, whether on our digital properties or on applications we make available on third-party sites or platforms. We follow this privacy policy in accordance with applicable law in the places where we operate.  In some cases, we may provide additional data privacy notices specific to certain products, practices, or regions. Those terms are to be read in conjunction with this policy.

Please keep in mind that when you provide information to us on a third-party site or platform (for example, via our applications), the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this privacy policy, and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our applications. Please also keep in mind that our sites and applications may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.

WHO WE ARE

A member of The Walt Disney Family of Companies, which includes many different brands, will be the data controller for your information. In this case Star Asianet Middle East FZ LLC shall be the data controller.

TYPES OF INFORMATION WE COLLECT

We collect two basic types of information – personal information (as defined in this policy) and anonymous information (as defined in this policy) – and we may use personal and anonymous information to create a third type of information, aggregate information (also defined in this policy).   For example, we may collect:

  • Registration information you provide when you create an account, enter a promotion, or link your profile on a third-party site or platform with your registration account, such as your first name and surname, country of residence, gender, date of birth, email address, username, and password;
  • Transaction information you provide when you request information, contact Guest Services, or purchase a product or service from us, such as your postal address, telephone number, and payment information;
  • Information you provide in public forums on our sites and applications, such as your public posts;
  • Information sent either one-to-one or within a limited group using our message, chat, post, or similar functionality, where we are permitted by applicable law to collect this information;
  • Information we obtain from a third party, such as a site or platform provider, about use of our applications on third-party platforms or devices;
  • Location information, including location information provided by a mobile or other device interacting with one of our sites or applications (including through beacon technologies), or associated with your IP address, where we are permitted by law to process this information;
  • Activity information about your use, and the use by any person(s) you authorize through your account, of our sites and applications, such as the content you view or post, how often you use our services, and your preferences; and/or
  • Usage, viewing, technical, and device data when you visit our sites, use our applications on third-party sites or platforms, or open emails we send, including your browser or device type, unique device identifier, and IP address.

 

HOW WE COLLECT YOUR INFORMATION

  • We may collect information you provide to us when you request or purchase products, services, or information from us, register with us (including when you link your profile on a third-party site or platform with your registration account), participate in public forumsor other activities on our sites and applications, respond to guest surveys, or otherwise interact with us using one or more devices.  You may provide information in a variety of ways, including by typing or using voice commands.
  • We may collect information through a variety of technologies, such as cookies, Flash cookies, pixels, tags, software development kits, application program interfaces, and Web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms using one or more devices, whether or not you are logged in or registered. Please visit Online Tracking Technologies and Advertisingfor further information, including Do Not Track and how to disable cookies and otherwise make choices with respect to such data collection.
  • We may collect information using analytics tools, including when you visit our sites and applications or use our applications on third-party sites or platforms.
  • We may acquire information from other trusted sources to update or supplement the information you provided or we collected automatically, such as when we validate postal address information using third party services.  Applicable law may require that you authorize the third party to share your information with us before we can acquire it.

 

USE OF YOUR INFORMATION BY THE WALT DISNEY FAMILY OF COMPANIES

The member of The Walt Disney Family of Companies that is the data controller for your information is responsible for and may use your information for the purposes described in this policy. Other members of The Walt Disney Family of Companies and/or third party service providers may have access to your information where they perform services on behalf of the data controller(s) (as a data processor) and, unless prohibited under applicable law, for use on their own behalf (as a data controller) for the purposes described in this policy.  Consistent with applicable law and choices and controls that may be available to you, we may use information collected from you, or from devices associated with you, to:

  • Provide you with the experiences, products, and services you request, view, engage with, or purchase;
  • Communicate with you about your account or transactions with us and send you information or request feedback about features on our sites and applications or changes to our policies;
  • Send you offers and promotions for our products and services or third-party products and services;
  • Personalize content and experiences;
  • Provide you with targeted advertising based on your activity on our sites and applications and on third-party sites and applications;
  • To learn more about how we use your information for personalization and tracking, please visit Online Tracking Technologies and Advertising.
  • Operate, understand, optimize, develop, or improve our sites, applications, products, services and operations, including by using guest survey research and analytics tools; and
  • Detect, investigate and prevent activities that may violate our policies or be illegal.

 

SHARING YOUR INFORMATION WITH OTHER ENTITIES

  • We will not share your personal information with a third party outside The Walt Disney Family of Companies except in limited circumstances, including:
  • When you allow us to share your personal information with another company, such as:
    • Electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services; and
    • Directing us to share your personal information with third-party sites or platforms, such as social networking sites.

 

  • Please note that once we share your personal information with another company, the information received by the other company is controlled by that company and becomes subject to the other company’s privacy practices.
  • When we cooperate with financial institutions to offer co-branded products or services to you, such as our co-branded Disney Rewards Visa Card; however, we will do so only if permitted by applicable law and, in these cases, the financial institutions are prohibited from using your personal information for purposes other than those related to the co-branded products or services;
  • When companies perform services on our behalf, including without limitation management, development, package delivery, marketing and advertising, customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law; and
  • When we share your personal information with third parties in connection with the sale of a business, to enforce our Terms and Conditions or rules, to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process, or in other cases if we believe in good faith that disclosure is required by law.

 

YOUR CONTROLS AND CHOICES

We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with applicable law, your controls and choices may include:

  • Correcting, updating, and deleting your registration account;
  • Choosing or changing your choices for subscriptions, newsletters, and alerts;
  • Choosing whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you;
  • Choosing whether we share your personal information with other companies, so they can send you offers and promotions about their products and services;
  • Controlling targeted advertising from many ad networks and partners; data exchanges; and marketing analytics and digital advertising and marketing service providers (by visiting the Digital Advertising Alliance);
  • Choosing to control targeted advertising you receive within applications by using the settings and choices made available to you through your device(s), for example, by re-setting your device’s advertising identifier and/or opting out of interest based ads;
  • Requesting removal of your personal information from a public forum on one of our sites or application; and
  • Requesting access to the personal information we hold about you and that we amend or delete it.

 

You may exercise these controls and choices in by contacting marketingme@startv.com, following instructions provided in communications sent to you, or by using your device or other available settings (for example, by re-setting your device’s advertising identifier and/or opting out of interest based ads). You can opt out of interest based ads by visiting the Digital Advertising Alliance or European Interactive Digital Advertising Alliance or using the opt-out mechanism in the “Interest Based Ads” link in the footer of the site you are visiting.

Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate.  If you have questions about the specific personal information about you that we process or retain, and your rights regarding that personal information, please contact marketingme@startv.com.

CHILDREN'S PRIVACY

We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Do note that this section does not in any way amend or supersede the age limit that may be specified in any associated Terms and Conditions. Some of the features on our sites and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:

  • Notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
  • In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children;
  • Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and
  • Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.

 

DATA SECURITY, INTEGRITY, AND RETENTION

The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative, and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use, and modification. We review our security procedures from time to time to consider appropriate new technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your personal information for the length of time needed to fulfil the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

 

DATA TRANSFERS, STORAGE, AND PROCESSING GLOBALLY

We operate globally and may transfer your personal information to individual companies of The Walt Disney Family of Companies or third parties in locations around the world for the purposes described in this privacy policy. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. Additionally, when using or disclosing personal information transferred from the European Union, we use standard contractual clauses approved by the European Commission, adopt other means under European Union law for ensuring adequate safeguards, or obtain your consent. We also apply the substantive requirements of standard contractual clauses when transferring personal information from Australia.

 

CHANGES TO THIS PRIVACY POLICY

From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our sites and applications, or by other means, consistent with applicable law.

COMMENTS AND QUESTIONS

If you have a comment or question about this privacy policy, please contact marketingme@startv.com.

DEFINITIONS

Definitions

COOKIES POLICY

Cookies may involve the transmission of information from us to you and from you directly to us, to another party on our behalf, or to another party in accordance with its privacy policy.

LEARN MORE

COOKIES POLICY

Bigg Boss- Telugu -Season 4

VOTING TERMS AND CONDITIONS

These Terms and Conditions (defined below) shall be binding on each Viewer (defined below), in the territory of India (“Territory”) who voluntarily desires to participate in the Voting Mechanism (as defined hereunder) of the Program, for the Shortlisted Participants (as defined below) competing in the program titled “Bigg Boss- Telugu -Season -4’’ (“Program ”) which is being aired on “Star Maa” (hereinafter referred to as “Channel”), being the channel owned and operated by Star India Private Limited (“SIPL”)

The following voting terms and conditions (“Terms and Conditions / Voting Rules”) govern the entire process of Voting Mechanism (as defined below) as detailed herein for participation in the Voting Mechanism and shall be binding on each Viewer. “Viewer” shall mean a participant in the Voting Mechanism, who resides in India, is a citizen of India, is physically present and located in India, and who is of 18 years or above as on 06 th September, 2020.

The Terms and Conditions of and in relation to the Voting Mechanism as stated herein, are an electronic record in terms of Information Technology Act, 2000 (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms and Conditions are irrevocably binding on each Viewer who voluntarily participate in the Voting Mechanism. The privacy policy available at https://www.startv.com/legal-terms-policies/#wpp (“Privacy Policy”), which is deemed accepted and agreed to by every Viewer, by agreeing to participate in the Voting Mechanism, shall govern all usage of any Personal Information (as defined in the Privacy Policy available at the aforementioned link) 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 gathered by SIPL under or pursuant to the Voting Mechanism.

The Voting Mechanism shall be governed by the Principal Rules and General Rules as stated herein below and by agreeing to participate in the Voting Mechanism, Viewers shall be deemed to have unconditionally accepted and agreed to comply with and abide by the same prior to participating in the Voting Mechanism. If the Viewer does not agree to be bound or cannot comply with any of these Terms and Conditions and/or the Policies (defined below), then the Viewer should refrain from continuing with and/or participating in the Voting Mechanism. The act of voting and/or participating in the Voting Mechanism as detailed below shall be deemed to be the Viewer’s absolute agreement to the Terms and Conditions contained herein, Personal Data Privacy Policy, Privacy Policy, User Generated Content of SIPL, and Website Terms of Use (collectively, “Policies”) of SIPL as prescribed from time to time and available at https://www.startv.com/legal-terms-policies/#wpp (“Website”). These Terms and Conditions are made available at https://www.startv.com/legal-terms-policies/#wpp (“Terms & Conditions Website”). The Website and the Terms and Conditions Website shall hereinafter collectively be referred to as “Websites”. These Policies may be amended by SIPL at any time without prior notice to the Viewer.

These Terms and Conditions, contained herein shall subsist until the first telecast of the last episode of the Program and /or any such extended duration as may be deemed fit by SIPL and hence, save and except terms that are indented to survive these Terms and Conditions, all other terms of these Terms and Conditions shall continue to apply to all Viewers in relation to any participation in the Voting Mechanism, till such time.

PRINCIPAL RULES:

The following are the Principal Rules for Voting Mechanism for the Program on the Channel, as conducted by SIPL:

1. The Program is a reality show where individuals/housemates (“Participants”) staying in the Bigg Boss House will nominate housemates for eviction from the Program at intervals decided by SIPL (“Shortlisted Participant”). During the Program, the Vviewers will be asked to cast their vote for the Shortlisted Participant whom they want to save from being evicted from the Program. The Viewer shall cast multiple votes (subject to maximum votes allowed per Voting Mechanism as detailed below) for different Shortlisted Participants. The Shortlisted Participant who gains the minimum votes from the Viewers, will be eliminated from the Program.

2. Further, SIPL and/or the Channel shall be entitled to, at its discretion at any time during the telecast of the Program to re-introduce the eliminated Participant(s) or introduce fresh individuals/participants to participate in the Program (“Wild Card Entries”).

3. In the event any of the Participants are unable to participate and/or unable to appear and/or withdraw their participation, for any reasons whatsoever, SIPL and/or the Channel reserve the right to replace such Participant(s) with previously eliminated participants or replace such housemate with any other new participants and such decision shall be final and binding on all the Viewer(s). SIPL and/or the Channel shall not entertain any complaints or queries related to it.

4. The Voting Mechanism (as detailed in clause 8) will open and end for the period tabulated in Clause 11 below (“Period”) in the Territory as mentioned herein. During the Period, the Viewers in the Territory can vote for their favorite Shortlisted Participant, as per the Voting Mechanism detailed below. SIPL and/or the Channel shall in its discretion be entitled to close the Voting Mechanism for specified Voting Cycles (defined below) during the Period. SIPL may at any time, in its discretion, increase or decrease the Period for voting without any prior notice and liability whatsoever.

 

5. The Program will be telecasted from 06th September, 2020 onwards, on the Channel at the timings stated below or such other dates and timings as amended and updated on the Website by SIPL from time to time. It shall be each Viewer’s sole responsibility to periodically check the Website for any update(s) or modification(s) to the timings and dates for telecast of the Program, and/or, for other changes to the Voting Mechanism and/or other details pertaining to the voting.

 

DAY

TIME OF TELECAST

Week Days

21.30 IST to 22.30 IST

Week Ends

21.00 IST to 22.30 IST

6. The votes, for each episode/day (“Episode/Day”), should be sent only during the timelines specified hereunder and any votes sent after the Voting Cycle (as set out below) for the applicable Episode, shall not be considered and shall be deemed null and void.

7. To participate in the voting, the Viewers must watch/are deemed to have watched the Episodes of the Program being telecast on the Channel every day, on the times as mentioned in Clause 5 of these Principal Rules. The Viewers by participating in the Voting Mechanism will get an opportunity to cast their votes for any Shortlisted Participant of that Episode(s) of the Program.

8. The Viewers interested in voting can participate by choosing to cast their votes for their favorite Participant through any or both of the 2 (two) mechanisms as mentioned below and shall be subject to the respective mechanism’s requirements and rules:

8.1 Missed Call Mechanism: By dialing the numbers assigned to each Participant (more fully given under) from the Viewer’s mobile phone / landline and casting the vote as more fully detailed in Rule 9;

8.2 Hotstar Mechanism: Login to Hotstar Application in Android/IOS Devise, visit the Bigg Boss Telugu page and click on the Vote now button as more fully described in Rule 10;

All the above mechanisms together with any other mechanism that the Channel/SIPL may provide from time to time shall hereinafter collectively be referred to as “Voting Mechanism”. It is clarified that SIPL can amend or modify or dismiss any of the above mentioned mechanisms at its sole discretion.

9. Missed Call Mechanism

The Missed Call Mechanism for the Territory is as provided below:

9.1. The Viewer should use a valid Indian phone number, registered with network operators in the Territory.

9.2. To vote, the Viewers shall through their landlines/mobile numbers dial the unique number of the Shortlisted Participant for the particular Voting Cycle for whom they want to vote and give them a missed call. The unique number for the Participants shall be as follows:

S.No

Name of Participant

Number assigned

1

Monal Gajjar

8886658201

2

Surya Kiran

8886658202

3

Lasya

8886658203

4

Abijeet

8886658204

5

Sujatha

8886658205

6

Mehboob

8886658206

7

Devi Nagavalli

8886658207

8

Harika

8886658208

9

Syed Sohel

8886658209

10

Ariyana

8886658210

11

Amma Rajasekar

8886658211

12

Karate Kalyani

8886658212

13

Noel

8886658213

14

Divi

8886658214

15

Akhil Sarthak

8886658215

16

Gangavva

8886658216

17

Kumar Sai

8886658217

9.3. It is clarified that each Viewer can cast a maximum of 10 (ten) votes per day, for the corresponding Voting Cycle (defined below) throughout the Period by way of a missed call for the Shortlisted Participant from a landline and/or mobile number that is registered with a network operator within the Territory. The Viewer will receive an SMS/response from SIPL for the first vote only (if voting is done through mobile only) for the applicable Voting Cycle

9.4. The Viewer will not be charged by SIPL in the Missed Call Mechanism to cast the votes.

 

 

 

 

 

10. Hotstar Voting Mechanism:

 

A Viewer interested to cast his/her vote, by using Hotstar Voting Mechanism, will be subject to the following mechanism:

10.1. The Viewer will have to Login to their account on the updated Hotstar Application in Android or IOS Device and/or any operational devices, visit the Bigg Boss Telugu page and click on the Vote now button for casting his/her vote through this Voting Mechanism. Viewers are advised to check for updates of the Hotstar application from time-to-time.

10.2. The Bigg Boss Telugu page will list the names of the Shortlisted Participant in a particular Voting Cycle.

10.3. The Viewer has to cast his/her vote for their desired Shortlisted Participant’s against his / her name/emoji to save him/her from eviction.

10.4. Only a maximum of 10 (ten) votes per day per device, per corresponding Voting Cycle will be allowed through the Viewer’s Android and /or IOS Device and/or any operational devices for a particular Shortlisted Participant.

10.5. The Viewer will not be charged in the Hotstar Voting Mechanism to cast the vote, however, there may be cost levied to the Viewer, at the applicable rate, by the network provider for using internet connection which should be verified by the Viewer at his/her sole responsibility. In case of casting vote while roaming in different circle/zone, additional roaming rates for browsing of the internet may be applicable. SIPL, Channel, Hotstar shall not be responsible for any such charges incurred by the Viewer and all charges for browsing/using internet to cast such vote shall be borne solely by the Viewer.

11. In the Voting Mechanism, the Viewer should cast his/her votes for a particular Shortlisted Participant, for the respective Episodes of the Program, during a particular Voting Cycle (as defined below) and any vote cast after the Voting Cycle shall neither be considered as vote(s) for that Episode nor for the next Voting Cycle. The voting cycle for each Episode shall commence from the Start time and end on the voting End Time (“Voting Cycle”) as detailed below, on the start date as mentioned on the Channel:

       

Missed call

Hotstar

Voting Start Time

Voting End Time

No. of votes per Voting Cycle per mobile/landline

No. of votes per Voting Cycle per login

Monday

10:25 PM

Monday

11:59 PM

10

10

Tuesday

12:00 AM

Tuesday

11:59 PM

10

10

Wednesday

12:00 AM

Wednesday

11:59 PM

10

10

Thursday

12:00 AM

Thursday

11:59 PM

10

10

Friday

12:00 AM

Friday

11:59 PM

10

10

 

 

NOTE: Only a maximum of 10 votes will be allowed per day per Mobile/Landline, per Voting Cycle.

Only a Maximum of 10 votes will be allowed per day per login, per Voting Cycle. Any number of votes cast including during the Voting Cycle, exceeding the limit mentioned hereinabove, will not be valid and shall be rendered null and void.

12. Votes sent after the Period and/or after the applicable Voting Cycle as tabulated in Clause 11, will not be considered valid and shall be deemed null and void without requirement of any further intimation by SIPL or the Channel. SIPL/Channel reserves the right to alter/modify/ reduce or increase the duration of the Voting Cycle as and when it desires without any further liability or notice to any person.

13. Every week, the Shortlisted Participant with the lowest number of votes will get eliminated from the Program and other remaining Participants will be eligible to continue in the house, in accordance with the format of the Program. It is further clarified that the elimination is purely based on the Cumulative of votes received through the Voting Mechanism, as set out herein. In no event, shall the Participants, the Shortlisted Participants, or the Viewer(s) dispute the decision made by SIPL and/or the Channel or make any claims in this respect in regard to any aspect of the Program and/or the Voting Mechanism including the Terms and Conditions, the format of the Program, selection of the Shortlisted Participants, the Shortlisted Participant being evicted on the basis of the votes received, or any remaining Participants surviving the elimination.

14. SIPL and/or the Channel reserve the right to modify the format of the Program, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program or at any time during the Period. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time available on the Website. 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 Participant(s), the decision of SIPL and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and/or challenged in a court of law, to the extent permissible under law.Without limiting the foregoing, under no circumstances will SIPL, Channel, its assigns and/or affiliates be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, arising in any way whether in contract, tort (including negligence) or otherwise. The Viewer specifically waives his/her right to seek injunctive relief against SIPL, the Channel, its assigns and/or any of their affiliates or any entity in relation to the Program, and/or the Voting Mechanism, to the maximum extent permitted by law;

15. The details of the Voting Mechanism will be announced during the telecast of the Program on the Channel.

16. The Viewer(s) can cast their votes for only those Shortlisted Participant(s) of the Program who have participated in that particular Day/Episode. Any votes sent by the Viewers for the Shortlisted Participants who were not a part of that particular Day/Episode due to elimination or not shortlisted for any other reason whatsoever, shall not be considered valid and shall be null and void. Further, any votes cast before or after the Voting Cycle mentioned in the ‘Voting Mechanism’ shall not be considered valid and will not be counted.

17. The voting is merely to enable the Viewers to choose their favorite Participant or to vote for the performance of a particular Shortlisted Participant that they have liked. No winners will be declared and/or prizes distributed for the Viewers participating in the Voting Mechanism. Each Viewer participating in the Voting Mechanism agrees and acknowledges that he/she shall not be entitled to any gratification of any nature whatsoever. Viewers shall not be entitled to make any claims in respect of any compensation or gratification whether monetary or otherwise against the Channel, SIPL and/or the Program or entity in relation thereto.

18. The elimination of the Shortlisted Participant by the Voting Mechanism and/or the decisions made by SIPL and/or the Channel in any aspect of the Program/Voting Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewers dispute the decision made by SIPL, Channel and/or its employees/representatives in connection to the same.

General Rules

 

1. The Viewer by way of voluntarily participation in the Voting, represents and warrants that he/she has read these Terms and Conditions and that he/she is 18 years old or above. The Viewer further represents and warrants that (i) he/she is not restricted from or under any disability, whether legal, contractual or otherwise which may restrain/prevent him/her from participating in the Voting Mechanism; and (ii) he/she shall comply with the applicable laws and these Terms and Conditions and the Policies. Failure of any Viewer to comply with the Terms and Conditions and/or the Policies will disqualify such Viewer from participating in the Voting Mechanism and/or render the vote cast by such Viewer null and void.

2. Proof of age, if requested, of the Viewer(s) must be submitted to SIPL as may be required by SIPL to confirm the eligibility of the Viewer(s).

3. SIPL and/or the Channel reserves all rights to make amendments to the existing Terms and Conditions, and/or withdraw, change, alter, amend the Voting Mechanism, process of elimination including any Shortlisted Participants for a Voting Cycle, the schedule of the Episodes of the Program and/or, Participants of the Program and/or any other details of the Program, Terms and Conditions, Period and/or Program etc., at any time, without any prior notice to the Viewer. It is deemed by agreeing to participate in the voting, the Viewer has verified the Terms and Conditions on SIPL’s Official website at https://www.startv.com/legal-terms-policies/#wpp

4. SIPL reserves the right to cancel, reschedule, and/or postpone the Program and/or the Voting Mechanism for any or all Episodes without assigning any reasons and/or without giving any prior intimation or liability to the Viewers or any other person.

5. 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 of vote.

6. Viewer(s) agree and acknowledge that there is no prize/gratification in voting for the Shortlisted Participant as detailed herein. Viewers shall not be entitled to make any claims in respect of any compensation or gratification whether monetary or otherwise, against the Channel, SIPL and/or the Program.

7. 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 SIPL and/or the Channel.

8. In case a Viewer(s) is found to be in non-conformance of the Voting Rules, then SIPL will be entitled to at its sole discretion disqualify the 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.

9. Neither SIPL nor the Channel or any of its affiliates including Hotstar shall be responsible in any manner whatsoever for any acts or omission of any third party service providers including anynetwork problems, technical failures, interruptions, disruptions, malfunction, system failure whatsoever and/or the data charges/costs charged by the network operator(s) and/or any other problems which may occur due to the failure of the Voting Mechanism or misuse of the Voting Mechanism or any kind of problems in connection thereto. Any dispute in connection to the same should be settled between the Viewers/subscribers and the operator(s) directly without involving SIPL and/or the Channel in any manner. Notwithstanding anything to the contrary, SIPL and/or the Channel and/or Hotstar shall in no manner be responsible for the inability, failure of the Viewer to cast any vote or delay in casting of any vote, for any reasons whatsoever, including without limitation network failure, technological reasons or any events beyond SIPL’s/Channel/Hotstar’s control. Viewers shall not in any circumstances make any claims and, to the maximum extent permissible under law, hereby irrevocably and perpetually waive their right to make any claim against SIPL, 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 the Voting Mechanism/Show;

10. Neither SIPL nor the Channel or any of its affiliates including Hotstar shall be responsible for any unauthorized access to any data of any person including any Viewer and/or for any compromise on private / confidential user related, or any other data, including but not limiting to user ids, email address, names, and any other personally identifiable details of the Viewers.

11. Without limiting the provisions of clause 2 of these General Terms, in case of any network failure, technical problem and/or for any reasons whatsoever, SIPL reserves the right to change the Voting Mechanism or any aspect thereof, and/or cease from accepting votes of the Viewers for any and/or all the Episode(s)/Voting Cycle(s) of the Program, or take such necessary steps as it may deem fit.

12. While all attempts will be made to protect the voting data from loss and/or corruption, Viewers agree and acknowledge that all systems are prone to failure and/or hacking attempts. In the event of any data loss, SIPL may disqualify all the votes received or conduct a re-voting or continue with whatever data available in the manner it deems fit, at its sole discretion without any intimation or liability to any person whatsoever. SIPL will not be responsible for any damage resulting from the loss of votes/data or action taken by SIPL on account of the same. SIPL will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss. The Viewer shall not and, to the maximum extent permissible under law, hereby irrevocably and perpetually waives its right to make any claim, raise any dispute, and/or hold SIPL, Channel, its affiliates liable for any costs, injuries, losses or damages arising out of any unauthorised loss of any data/votes for any reason whatsoever.

13. SIPL will not permit or entertain any requests or claims to check / audit / challenge the counting, mechanism or part thereof, including any rationale or logic behind the current Voting Mechanism

14. SIPL and/or the Channel reserve the right to suspend any of the Participants in case it has reasonable grounds to conclude that the Participants have been accused of any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which the SIPL and/or Channel may deem to be tantamount to general misconduct. Such Participants may be disqualified at any time from the Program irrespective of them being Shortlisted Participants for the Voting Mechanism or not.

15. Upon the Viewer’s voting for the favourite Shortlisted Participant, the user ID and email ID or phone number from which the Viewer(s) has voted during the Voting Cycle would get registered with the respective network provider(s) who will collate the total number of votes received for each Shortlisted Participant and send the same to the audit committee as engaged SIPL/Channel and the final data will be received by SIPL/the Channel and as per the results shared by the audit committee, the evicted Participant shall be declared. By participating in the Voting Mechanism, the Viewer also represents that the Viewer is the owner or customary user of the mobile phone number from which he/she has placed the call. The Viewers hereby expressly consent to the sharing of their user and email id(s), phone number(s), as per the Voting Mechanism used by the Viewer, with the audit committee engaged by SIPL and/or the Channel in its discretion. By participating in the Voting Mechanism, the Viewer has authorized SIPL, to contact the Viewer through email, automatic telephone dialing systems, automatic texting systems and artificial or pre-recorded messages, including without limitation IVR’s and hotlines including in relation to promotion of the Program.

16. Warranty Disclaimer: The Viewer(s) agree that their participation in the Voting Mechanism is at their own risk. To the fullest extent permitted by law, SIPL, Channel, their its affiliates, and each of their respective officers, directors, employees, third party service providers, and agents disclaim all warranties, express or implied, in connection with the Voting Mechanism, including warranties in respect of fitness for purpose.

17. The Viewer(s) agrees that he/she shall hold harmless and hereby irrevocably and unconditionally releases the Channel, SIPL, its employees, officers or any other person or entity connected with the Program, the Voting Mechanism, in relation to any injury/damage/harm/loss suffered by him/her, in any manner, whatsoever in connection with the Voting Mechanism or any aspect of these Terms and Conditions, and, without prejudice to the foregoing, to the maximum extent permissible under law, expressly agrees to not file in person/ through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum anywhere in the world against any sponsor of the Program, and/or the Channel and/or SIPL, or any of their employees, representatives, any person or entity connected with the Voting Mechanism or the Program, to claim any damages or reliefs’ or otherwise. If the Viewer(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding votes will be disqualified.

18. The Channel and/or SIPL 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 any person, including the Viewer/voter in any manner whatsoever, in connection to the Program, Voting Mechanism and/or any aspect related thereto.

19. SIPL and/or the Channel reserves the right to disregard the vote(s) in the event SIPL/Channel observes any irregularity in the voting pattern of the vote(s) sent by the Viewer(s) and/or if SIPL/Channel in its knowledge has reason to believe that any Viewer(s) has acted in a fraudulent manner and/or engaged in any deceitful activity in sending the said vote(s). SIPL and/or the Channel has the right to substitute an alternative voting method at its sole and absolute discretion.

20. The elimination of the Participant(s) and/or any other decision(s) made by the Channel and/or SIPL regarding the Program and the Voting Mechanism shall be final and binding on all the Viewers and in no event, shall the Viewer(s) dispute the decision made by SIPL, Channel and/or its employees/representatives in connection to the Program, the Shortlisted Participants, the Participants, the Voting Mechanism, or any part thereof.

21. Other third party websites may provide information in relation to the voting process, timelines or any other information which may appear relevant to the Program, however, the content on such websites is not subject to the control of SIPL, and the owners of such third party websites, may be independent from SIPL. SIPL does not endorse or accept any responsibility for their content and casting of votes (if any) by the Viewers basis such information.

22. Viewer(s) shall not attempt to transmit any unauthorised content including but not limited to services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, and/or chain letters. Viewers shall not in any manner transmit or attempt to transmit any content that is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libellous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or violates any law for the time being in force; deceives or misleads the addressee about the origin of such material or messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

23. By voting and/or proceeding to participate in the Voting Mechanism it is deemed that the Viewers have read, understood, accepted and unconditionally and irrevocably agreed to abide with all the Terms and Conditions of the Voting Mechanism and other Policies.

24. The Viewer(s) agrees and acknowledges that nothing contained herein or otherwise, imposes an obligation on SIPL and/or the Channel to run the Voting Mechanism.

25. By participating in the Voting Mechanism, each Viewer acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with these Terms and Conditions, 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 participating in the Voting Mechanism (if any). Notwithstanding the foregoing, under no circumstances will SIPL and/or the Channel and/or Hotstar, or any of their employees, officers, directors, representatives, 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.

26. Each Viewer hereby acknowledges and agrees that the relationship between the Viewer and SIPL, Channel, and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

27. Each Viewer acknowledges that in case the performance of the Voting Mechanism and/or any provisions of these Terms and Conditions cannot be fulfilled due to war, industrial action, flood or any Act of God or any reasons beyond the control of SIPL or the Channel, 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 or more, then SIPL shall be at liberty upon its sole discretion to terminate the Voting Mechanism forthwith without any intimation or liability to any person, and such decision shall be final and binding.

28. In case any portion/clause of these Terms and Conditions are deemed invalid or becomes unenforceable or prohibited by the law of the country or any order of a court or judicial/regulatory authority, such portions shall be considered divisible, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision were not included herein.

29. Notwithstanding anything to the contrary, SIPL and/or the Channel makes no representation and/or warranty regarding the Program, the Voting Mechanism, and hereby expressly disclaims all representations and warranties, expressed or implied including warranties of fitness for a purpose.

30. The Viewer(s) agree that the Viewer shall have no right and to the maximum extent permitted by law hereby expressly, perpetually, and irrevocably waives any right to restrain or injunct or enjoin, or attempt to restrain or injunct or enjoin, the development, production or exploitation of the Program and/or the continuance of the Voting Mechanism.

31. These Terms and Conditions, and the Policies, shall constitute the entire agreement between SIPL, the Channel, and each Viewer with respect to the subject matter contained herein, superseding any prior agreements between SIPL, the Channel, and the Viewers regarding the same. The Viewer acknowledges that the representations, warranties, indemnities, governing law, dispute resolution, warranty disclaimer, exclusion of damages, and all waivers by the Viewer, shall survive the efflux of time.

32. All and any costs direct and/or indirect, in relation to the participation in the Voting Mechanism, shall be borne by the Viewer and in no manner whatsoever shall SIPL and/or the Channel, be responsible or liable for the same. The Viewer hereby agrees to indemnify SIPL, the Channel, its officers, directors, representatives, and employees, from and against any claims that may arise from their acts or omissions while participating in the Voting Mechanism.

33. These Terms and Conditions shall be construed in accordance with the laws of India, notwithstanding the conflict of laws principle, and any dispute or any other matter arising in reference to any aspect of these Terms and Conditions including the Voting Mechanism, shall be subject to the exclusive jurisdiction of the Courts in Hyderabad.

Direct Mailers to Prospective Customers

Terms & Conditions

Please read the following Terms and Conditions very carefully of this customer engagement activity conducted by Star India Private Limited (‘Star India/Us/ We’). By not objecting to the performance of this Engagement Activity (defined below), you agree to be bound by these Terms & Conditions.

 

1. Activity and Purpose: Star India shall send regular email communication to you through its central email ID (i.e. starsportssolutions@startv.com) containing important Star Sports business updates (e.g. upcoming events), related to the Star Sports business, that may be of interest to you within the context of your business activities (“ Engagement Activity”). The purpose of this Engagement Activity is to create outreach and engagement with advertisers and influencers for potential collaborations with Star India (“ Purpose”).

 

The recipients of this communication are Indian citizens, resident in India in connection with services offered by Star India in India. By receiving such communication pursuant to this Engagement Activity, you represent that you are an Indian citizen and is a resident of India. In the event you are not an Indian citizen resident in India, please do unsubscribe from receiving this email. If you choose not to unsubscribe, you do so at your own risk and Star India shall not be liable in connection with the Engagement activity.

2. Source of Personal Information: During the performance of our promotional activities, we have collected and processed the personal information provided by you or third parties operating in the media and entertainment sector or in any other sector connected with the promotional activities of Star India (such as press agencies, PR agencies, marketing and communication agencies, event organizers, other Star India customers, etc.) or has been sourced via our front line sales persons, as well as personal information that is publicly available, such as information of social media or public databases. This information includes your name, surname, email address, telephone number and similar contact information (“PI”).

 

3. Basis of Processing PI: Your PI is processed on the basis of our mutually beneficial legitimate interest of potential business and commercial collaborations between Star India and your organization and/or the organization you represent You can object at any time to the performance of the activity by: (i) by means of the unsubscribe option contained in the communications received from us (as detailed under Section 7 below); or (ii) writing to Ketan Saitwadekar at it.security@startv.com (as described in the Privacy Policy below);

4. Retention and Maintenance of PI: We will retain your PI for the period necessary to fulfill the Purpose for which the PI was collected, for no more than 2 (two) years after collection, unless you express your consent to continue to be involved in the Engagement Activity.

The PI processed for the performance of this Engagement Activity shall be updated on a regular basis to maintain accuracy and ensure that no unrelated legacy information/data is stored.

5. Transfer of PI: Your PI shall not be transferred to any third party (within India or outside India) for the performance of this Engagement Activity and shall at all times be stored in India.

 

6. Privacy Policy: You agree and understand that the Privacy Policy and Website Privacy Policy, available at http://www.startv.com/PersonalDataPrivacyPolicy.htm and https://www.startv.com/legal-terms-policies/#wpp (collectively “Privacy Policy”) shall apply to this Engagement Activity and for the usage of any of your personal information that may be received and/or collected by Star India prior to/during/pursuant to the Engagement Activity. By not objecting to the performance of this Engagement Activity, it is deemed that you have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions and to the Privacy Policy available on our website. If you do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please let us know by replying to the communication received pursuant to the performance of this Engagement Activity or unsubscribe from receiving such communication in accordance with Section 7 below.

By not objecting to the performance of this Engagement Activity, to the extent permissible under law, you expressly waive your privacy rights and/or any privacy expectations that you may have with respect to the use of your PI sourced by Star India;

7. Opt out/Unsubscribe: Every email communication sent to you pursuant to this Engagement Activity shall include an opt-out link to unsubscribe from receiving such communication. Alternatively, you may also reply to our email communication informing us of your intent to unsubscribe. All requests for un-subscription shall be implemented within 7 (seven) business days (excluding weekends) of receipt of the same. We shall ensure that no further communication is sent to Business Contacts that have unsubscribed from receiving such communication and their relevant PI shall no longer be processed/removed from the mailing list/database for the Purpose of this Engagement Activity.

8. Specification of Communication: (i) As mentioned above, the communication shall include without limitation updates, news, infographics etc. in relation to the Star Sports business; (ii) The communication sent to you pursuant to this Engagement Activity shall be on a regular basis with no more that 5 (five) communications in a calendar month; (iii) The communication sent to you pursuant to this Engagement Activity shall in no manner include an outright sale/offer of a sale/discount offer of products and services of Star India; (iv) All communication and the underlying content shall comply with applicable law and shall be approved by Star India’s standards and practices team; and (v) A link to these Terms and Conditions shall be included in all email communications received by you pursuant to this Engagement Activity.

9. The PI processed for the performance of this Engagement Activity shall in no manner be used for re-targeting campaigns, or for any other purpose other than as mentioned under these Terms and Conditions.

10. This Engagement Activity shall not involve collection of read receipt/open rate unless such data collected is completely anonymous and such anonymous data is used solely for analytical purpose to measure the Engagement Activity and manage its success.

 

11. General Terms:

11.1 All rights, including all copyrights and other intellectual property rights in respect of the content in the Communication in its entirety vests in Star India.

11.2 You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective 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 breach of : (i) any terms and conditions mentioned herein; (ii) applicable laws in relation to this Engagement Activity; (iii) Star India’s intellectual property rights. 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.

11.3 You acknowledge and confirm that neither Star India’s licensors nor any of their affiliates are in any manner whatsoever associated with the Engagement Activity or responsible for the communication sent to you. This Engagement Activity is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates.

11.4 You hereby agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing Terms and Conditions, Privacy Policy or withdraw, change, alter, amend this Engagement Activity without giving prior notice to you. You further understand and undertake the sole responsibility to visit the Terms and Conditions and Privacy Policy from time to time in order to be informed of their latest version.

11.5 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 this Engagement Activity. Star India reserves the right to refrain from entering into a business relationship with you in case of non-submission and/or delayed submission of such additional documents;

11.6 Star India reserves the right to discontinue the Engagement Activity at any time for any reason whatsoever without any recourse and/or liability to you whatsoever without prior notice to you.

11.7 You hereby understand that Star India makes no representation and/or warranties regarding the Engagement Activity or any matter in connection therewith other than those expressly given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied;

11.8 Limitations of liability: By not objecting to the performance of this Engagement Activity, you acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Engagement 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.

11.9 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 Terms and Conditions by you, Star India shall be entitled to any and all remedies in law and/or equity;

11.10 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 receipt of email communication pursuant to this Engagement Activity 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.

11.11 Warranty Disclaimer: 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 this Engagement Activity. Star India makes no warranties or representations about the accuracy or completeness of the content of the communication pursuant to this Engagement Activity and this website including this section or the content of any websites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies in the communication pursuant to this Engagement Activity or on the website including this section, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our email account (as mentioned above) or the website and/or this section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our communication pursuant to this Engagement Activity or website by any third party, and/or (vi) any errors or omissions in any content in the communication pursuant to this Engagement Activity or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website/ Engagement Activity/ section, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Star India 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.

11.12 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 in any manner whatsoever, in relation to the Engagement Activity and/or any matters arising out of the Terms and Conditions.

11.13 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.

11.14 You hereby acknowledge that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of India, 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;

11.15 You hereby irrevocably agree to maintain confidentiality in respect of the Terms and Conditions of this Engagement Activity; and agree to make no public press announcements or share any information relating to the Terms and Conditions for publication without the explicit approval of Star India.

11.16 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.

11.17 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 in relation to this Engagement Activity or otherwise which may bring Star India into public disrepute.

11.18 The Terms and Conditions 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 Engagement 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 (“the Act”), 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 you who has raised a dispute.

11.19 Subject to the provision of Paragraph 11.18 above, the courts having jurisdiction under the provisions of the Act, 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 Act, shall exclusively be the courts at Mumbai, India.

11.20 You acknowledge that in case the Engagement Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood, pandemic, government action 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 Engagement Activity and/or the communication to you forthwith and such decision shall be final and binding.

11.21 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 relation to this Engagement Activity.

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


Ask Emelia, Laura and Callum Anything Contest

Terms & Conditions

The following are the terms and conditions governing the Ask Emelia, Laura and Callum Anything”contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “MasterChef Australia: Back To Win Season 12” (“Program ”)to be aired on StarWorldSD and HD from September 14, 2020 at 9:00 PM on Mondays-Fridays. The promotion of the Contest will take place across several platforms. The Contest shall be held on Star WorldFacebook profile at the URL https://www.facebook.com/StarWorldIndia (“Facebook Page”) with the@ starworldindiahandle (“Facebook Handle”) and on the Star World Twitter page at the URL https://twitter.com/StarWorldIndia?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor (“Twitter Page”) bearing the handle @starworldindia (“ Twitter Handle”).

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

The Contest invites interested persons (“ Participant(s)/You”) to participate in the Contest by following the mechanism detailed herein and following all required mandates for the Contest Period (as defined below).

The Contest shall commenceon September04, 2020, from7pm ISTonwards, and end at 6:59pm IST on September05, 2020(“Contest Period/Period ”).

Any information gathered through these 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 for the purposes of the Contest (“Data”). By participation in the Contest, the Participants hereby consent to the collection, storage, disclosure, processing, transfer of and 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 Contest 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 Contest 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 Contest 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 Contest shall unconditionally accept and agree to comply with and abide by the same.

I. Principle Rules -

1. To participate in the Contest 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.

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

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

c) 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 Contest.

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

e) The Participantshould abide by all the applicable laws at all times.

2. Contest Mechanism

i. Star Indiainvites all the interested Participants to review the posts and/or stories shared by Star India on its Social Platforms (“ Contest Post”) during the Contest Period and respond by commenting on the Contest Postwith one (1) or more questionsdirected at the contestants in the Program namely Emelia Jackson, Laura Sharrad and Callum Hann (collectively referred to as “Contestants”)in relation to the Contestant’s participation in the Program.

ii. Participant(s)are required to submit their questionsdirected towardsone or more of the Contestants in text,by commenting on the Contest Post during the Contest Periodfrom their own Facebookand/or Twitterpages (“ Entry/Entries”).

e) 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.

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

g) 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.

h) 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.

i) Each Participant shall follow the terms of use for Facebookand/or Twitter. Failure to comply with the same shall render the Participant(s) Entry invalid.

j) Each Entry shall be evaluated and judged by the representatives of Star India as deemed fit in their sole discretion. The decision of Star India is final and binding in this regard.

k) At the end of theContest Period, all the valid and correctEntries shared by the Participants shall be reviewed by Star India and top 20 (twenty) Entriesshall be shortlisted per Contestant basis their (a) accuracy and conciseness and (b) relevance to the Contest; and such Entries shall become eligible to win the Contest (“Shortlisted Entries”). The Shortlisted Entries shall be sent to Contestants for their review and a minimum of 2 (two) Shortlisted Entries shall be selected per Contestant on the basis of (a) relevance of the questionto the message of the Contest; and (b) as per such criteria as decided by the Contestants at their sole discretion (“Winning Entries”). The Participants who had shared such Winning Entries shall be the winners (“ Winner(s)”).

l) Star India reserves the right to increase or decrease the number of Winners/Winning Entries in its sole discretion.

3. In an unlikely event if the Prize(as defined below)is delayed for any reason whatsoever, then Star India will not be held responsible.

4. The Contestants will respond to the questions mentioned in the Winning Entries in an exclusive interview conducted by Star Indiaor it’s designated representative with the Contestants (“Interview”) which shall be posted acrossSocial Platforms and on Star India’s official YouTube page(“Prize”). ThePrize to be awarded to theWinners shall be decided at the sole discretion of Star India.

5. The Participantsunderstand and acknowledges that Star India is not obligated to announce the names of the Winners on any platforms whatsoever and/or while conducting the Interview and/or tag the Winners while sharing the Interview footage/post on Social Platforms. The Participants further acknowledge and agree that Star India shall not responsible to communicate, intimate or announce the Winners in any manner whatsoever.

6. 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 Facebookand/or Twitterwill make such Participant’s Entry(ies) null and void.

7. The Participant understands that as part of the Prize, Star India may at its sole discretion, incorporate, develop and exploit the Winning Entriesin the Interview. The Interviewmay be aired and/or any channel and/or any platform including but not limited to social media platform of Star India and/or its affiliates and/or any authorized third party, as deemed fit by Star India. The Participant hereby acknowledges and agrees that Star India has the right to incorporate, develop, exploit and/or utilize the Winning Entriesfor the aforementioned purposes, as Star India may deem fit at their sole discretion and with or without attributing any credit to the Winner(s).

8. In consideration of being giving an opportunity to participate in the Contest, the Participant hereby assigns all rights, title and interest in and to the Materials in favour of Star India for Star India’s Exploitation (as defined below). 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.

“Exploitation/Exploit” shall mean the exploitation of the Entry 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. 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 Contest 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, 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 Contest.

9. For the purposes of this Contest, 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 ofSocial Platforms. It is further clarified that such platformsreserve 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 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 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 Contest 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 Contest 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 AND/OR TWITTER.

2. Star India may at its sole discretion extend or curtail the Period of the Contest 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 Contest 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 Contest 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/Twitter account, Star India reserves the right to disqualify such Participant(s) from the Contest.

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 and Twitter). 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 Contest shall be submitted to Star India and not to Facebook or Twitter.

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 the Shortlisted Participant(s)/ Winner(s) is un-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 Shortlisted Participant(s)/Winner(s).

10. Star India reserve the right to disqualify 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 reject any “Entry” or any part thereof at any stage of the Contest, including after declaring the winning Entry, 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. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by Star India or its employees in connection to the Entry 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.

12. The Winner(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

14. Star India shall not be responsible or liable for any change in the Prize.

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and theirrespective 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.

17. 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.

18. All and any incidental costs direct and/or indirect, applicable taxes (if any), 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.

19. 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) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

20. 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 Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

21. 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 India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

22. Each Participant(s)/Winner(s) consents to the use of information supplied by the Participant(s)/Winner(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.

23. The Participant(s) and/or the Winner(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 Winner(s) and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize.

24. 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 shall vest with Star India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

25. 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 Contest and it may be necessary for Star India to collect the Data for the Contest and the uses set out below in (c) below.

c) The Data will be used in respect of the Contest 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 Contest.

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 Contest, 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.

26. 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.

27. 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 Contest, 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.

28. The Participant agrees that the Entry and participation in the Contest 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 Contest. 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.

29. 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 fifteen (15) days, then Star India shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant/Winner forthwith and such decision shall be final and binding on the Participant(s).

30. 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 India, in any manner whatsoever.

31. Participant(s) participating in the Contest 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.

32. The Participant(s)/ Winner(s) agrees and confirms that in the event that the Participant(s)/ Winner(s) does initiate a claim, proceeding, suit, action, against Star India, in connection with the Prize, and/or any technical defect in the receipt of the Entry and/or informing the Winner(s), the sole and entire compensation to be awarded to the Participant(s)/ Winner(s) in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to the value of the Prize awarded to the concerned Participant/ Winner.

 

33. 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.

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

35. 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.

36. Participant(s)/Winner(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

37. Participant(s)/Winner(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.

 

38. 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 Contest and/or the Prize 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)/Winner (s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s)/ Winner(s).

39. Subject to the provision of Clause 38above 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.

40. 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.

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

42. 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.

43. 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.

Rannabanna Episodic (Contest)

Terms & Conditions

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 “_Rannabanna Episodic_ (‘Contest’) which will be hosted by Star India Private Limited. (“Star India”) for the purpose of promotion and viewer engagement for its program titled Rannabanna (“Program”) on its channel ‘Star Jalsha’ (“ Channel”). 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 defence 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 in dealt in the manner laid down in the Privacy Policy of Star India available at https://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 Program / Channel and other channels of Star India, or through any other medium, at the sole discretion of Star India.
  1. The Contest shall commence from August 31, 2020 at 04:00 PM Indian Standard Time (“IST”) and shall conclude on September 12, 2020 at 05:30 PM IST (“Contest Period”) on the Channel, except for Sunday, 6th September 2020 when there is no telecast of the show. For sake of clarity it is clarified that the Contest Period shall consist of consecutive period of 12 (twelve) days starting from August 31, 2020 and ending on September 12, 2020 on the show telecast days. 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).
  2. The Contest shall comprise of 1 (one) multi choice question, based on the Recipes shown in the Program telecasted on the Channel on a daily basis for all 12 (twelve) consecutive days (except 6th September 2020, Sunday) between 04.00 pm , IST to 05.30 PM IST of the Contest Period (“Daily Question”). It is clarified that the Daily Questions will be refreshed on a daily basis by Star India. It is further clarified that the Contest shall be triggered only during the telecast of the Program between 04.00 PM, IST to 4:30 PM IST. Contest line will be open till 05.30 PM 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 based on the Recipes shown in the episode of the Program telecast on that day. For the purposes of this Terms and Conditions, the Daily Question shall be displayed on the Channel during the telecast of the Program on a graphical plate with the three (3) answer options. The lines will remain open on a daily basis during Contest Period from 04.00 PM, IST to 05.30 PM IST during the Contest Period (“ Daily Contest Period”).
  3. 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: “A/B/C <SPACE> NAME”(that is the answer option space Name of the participant ) (“Answer/ Entry”) to the designated mobile number shown along with the question. It is clarified that the SMS should contain the answer options followed by <space> followed by participant Name 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 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 & Opt-in message. In-case of wrong answer format, participant will receive SMS to reply in correct answer format. In case of SMS received not during the contest period, participant will receive message with correct contest hours information. 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. 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.
  1. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
  1. 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. The Participants are advised to check with their respective network provider(s) regarding the cost being charged by to the Participant(s) in this regard.
  1. 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.
  1. 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 Answers/Entry(ies) for the Contest.
  1. 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.
  1. It is clarified that each Daily Question shall have only 1 (one) correct answer and the first SMS received with correct answer during the daily contest period shall be selected as the Winner of that day (Daily Winner).
  1. 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).
  1. During the Contest Period, at the beginning of next week, ie, on Mondays/ Tuesdays, the list of Daily Winners during that week shall be prepared and will be shown in a graphic plate and will be shown in the episode of the Program aired on Monday/ Tuesday. The Daily Winners shall be entitled to E-Vouchers of Amazon worth Rs. 500/ each, which can be redeemed for online purchase or on mobile recharges, hereinafter referred to as (“Prize”) It is further clarified that Star India shall at its sole discretion select the Winner and allocate the Prizes amongst the selected Winners based on the criterion mentioned herein.
  1. These Winners might be contacted by Star India on the mobile/ phone number through which Entry had been submitted to Star India informing them that they have been selected as the Winners of the Contest. The Winner shall be required to submit to Star India scanned copies of their age proof 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’s 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 telephonic communication received from Star India by the Winners.
  1. Star India shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winners 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) 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 Winners 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.
  1. In the event the said Winners 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.
  1. Star India and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion.
  1. It is clarified hereby that Star India shall have a discretionary right to postpone/ cancel/change the destination of the Prize of reasons of unavoidable circumstances.
  1. 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 Winners and the Winners cannot transfer the Prize to any other person.
  1. Any and all taxes and/or levies applicable under the laws of India shall be borne by the Winners in relation to the Prize.
  1. 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.
  1. 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 Winners and/or the Prize.
  1. 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.
  1. 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/ Winners are found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entries will be disqualified.
  1. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.
  1. By entering the Contest, each Participant(s)/ 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 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.
  1. 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:
    1. 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;
    2. 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.
  1. The decision of Star India in this regard shall be final and binding upon the Participant(s)/ Winners. 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.
  1. 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)/ Winners waive any so-called moral rights in the Entry.
  1. 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.
  1. 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.
  1. All and any incidental costs direct and/or indirect, in relation to the Contest, shall be borne by the Contestant(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 above the age of 18 (eighteen) years and a resident of India 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.

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. Each Participant(s)/Winner(s) consent 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.

7. 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).

8. 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).

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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).

 

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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 accompanying him / her 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 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.

22. 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.

23. 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.

24. 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.

25. For the sake of clarity, if the Winner(s) refuses to accept the Prize awarded, 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.

26. 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).

27. 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.

28. Star India will not be responsible nor shall be held liable for defect in the Prize, if any and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize. 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.

29. 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.

30. 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.

31. 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).

32. 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.

33. 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.

34. 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.

35. 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.

36. The Participant(s)/Winner(s) shall at all times comply with the laws of India.

37. 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.

38. 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.

‘#HIYAAN TOP FAN CONTEST

Terms & Conditions

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 ‘#HIYAAN TOP FAN CONTEST” (‘Contest’) which will be hosted by Star India Private Limited. (“ Star India/ STAR”) for the purpose of promotion and viewer engagement for their program titled Ekhane Akash Neel (“Program”) being telecast on its channel viz, ‘Star Jalsha’ (“Channel”). The Contest will be conducted on the Channel and through an email id Hiyaan@startv.com specifically created by Star India for the purposes of this Contest (hereinafter referred to as “Platform”).

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 defence 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 in dealt in the manner laid down in the Privacy Policy of Star India available at https://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).

PRINCIPAL RULES

(I) Entrants’ Eligibility:

(a) The Contest is open only to persons who are the citizens of India and shall be of 18 years of age and above. The Participant must have a valid and existing Facebook profile / account and /or a valid and verifiable email id during the Contest Period.

(b) Permanent and/or contract employees and directors of STAR, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “STAR Entities”) and each of their immediate family members are not eligible to enter the Contest. It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest from time to time. Star India reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants (ii) make amendments to the existing Terms & Conditions or Contest Period or withdraw, change, alter, amend the Terms and Conditions (iii) extend or curtail the Contest Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant 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 in the Terms and Conditions and abide by the same without any recourse to STAR for any reason whatsoever.

(II) Contest Procedure:

(a) The Contest shall start on 17th August 2020 at 06:00 AM IST and end on 30th August 2020 at 11:59 PM IST (“ Contest Period/Period”).

(b) To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period:

  • For the purpose of participating in this Contest, it is mandatory that the interested Participant (s) mandatorily have a valid email id or Facebook account and must be residing in India during the Period of the Contest.
  • The prospective Participant (s) shall be required to write a slogan in Bengali language comprising a maximum of ten (10) words to describe and celebrate the love between their favourite couple – Ujaan and Hiya, the characters in the Program and; post the slogan on their respective Facebook page with the hashtag ‘#HIYAAN’ written in the caption.
  • Thereinafter the Participant (s) shall be required to compose and send an email from his / her respective email id addressed to the Platform wherein the Screenshot of said Facebook Post is attached and /or uploaded along with the Photograph and Personal Information of the Participant (hereinafter collectively referred to as “Post”) . For avoidance of doubt it is clarified that for the purpose of participating in the Contest and to be eligible for the Gratification , it is mandatory that each and every screenshot included in the Post should have the pre-decided hash-tag, as stated above.

(c) For purposes of the Contest, “receipt” of Post occurs only when the website server records the Post information upon the entrant clicking “Submit/Post” button. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt. Sending an email onto the Platform in the manner as stated hereinabove, mandatorily having a valid email id account or having a valid Facebook account and being a resident of India during the Period of the Contest and comprising of the screenshot of the Facebook post with pre-decided hashtag and their photograph in the manner as prescribed herein and; furnishing the Personal Information shall be considered as a complete and valid entry (“ Entry”). For the avoidance of doubt, if the Participant(s) send an email onto the Platform with screenshot of the Facebook post but without their photograph or uploads only their photographs but without the screenshot of Facebook post or Personal Information or if the Participant does not have a valid email id or does not have a valid Facebook account or is not resident of India, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Gratification . 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 information. Each Participant(s) consent to the use of information submitted by the Participant(s) including the Post for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use by STAR of the Picture forming part of the Post in any manner or mode as STAR may deem fit for the purpose of promotion of the Contest and /or Program. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby grants to STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Post including their slogan and their photograph forming part of it, to utilize the Post in any manner deemed fit by STAR, including, inter alia, in a digitally modified format, including on the Program and/or in the channel STAR Jalsha and/or any other social media platform page of STAR, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by STAR. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Post including the slogan and/or the photograph or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Post submitted by the Participant(s) for the purpose of using in the Program. The Participant(s)/Winner(s) undertakes not to create any lien, charge, or other encumbrance, on the Post at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Post in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Post in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Post along with the image including rights in any form of intellectual property and rights in any form of exploitation will be owned by STAR throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Post by STAR or any third party authorized by STAR, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.

(d) The Participants shall ensure that the submitted Post including their photograph forming part of it is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including rights in any form of intellectual property etc. Participant shall not host, display, upload, modify, publish, transmit, update or share any information that (i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous 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 whatsoever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights;(v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) 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 to any other nation. For the avoidance of doubt, the Participant(s) agrees that STAR has the right to remove any such material/Post which may not be in consonance with the applicable laws.

(e) The Participant(s) further represents and warrants that the Post being submitted by him/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the contents of the Post and agrees to indemnify and hold harmless STAR from and against any suit/litigation/injury/damage/harm/loss suffered by STAR in connection with the same.

(f) Participants are supposed to send only one Post through their email id, during the Contest Period. In case of Participants submitting more than one Post through the same e-mail id or different e-mail ids, during the Contest Period, only the first Post received from such Participant during that Period will be considered as a valid Post for the Contest.

(g) The Post should state all the required information asked from the Participant(s) at the Website and/or in these Terms and Conditions. If the same is not complied with, then the Post will not be considered eligible for the Gratification and; will be disqualified.

(h) STAR shall not be responsible for any Entries submitted but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or any reason whatsoever.

(III) Winner Selection and Gratification :

a. At the end of each and every corresponding week during the Contest Period, ie, on the last day of the week, STAR will shortlist a maximum of 7 winners (“Winners”) out of the Participant(s) having made a valid Entry, all the Video(s) received by STAR during the corresponding week, on the basis of the Post / Entry fulfilling the criteria set out herein shall be viewed and rated by a panel comprising of the representatives of STAR as determined by STAR in its sole discretion. This panel shall rate the Slogans on the basis of certain pre-defined criteria viz, innovative / original thought, selection of words and aptness of the Slogan etc and /or any such other criteria as may be solely determined by STAR at its sole discretion. The selection of Winners will be based on their respective scores based on the evaluation of the Entries, as above and in case of any tie, randomization process will be adopted for selection of Winners.

b. The sole gratification for the Winner(s) shall be that STAR shall broadcast their slogans along with the photograph of the Winner(s) in a branded window during the telecast of the Program and the Winner(s) will also get a chance to e-meet Ujaan and Hiya through a webinar (“Gratification”) there is no other gratification on the Channel or any other platform owned by Star and /or its affiliates in any manner as deemed fit by Star at its sole discretion’. Participant(s)/Winner(s) agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Winner(s). For avoidance of doubt it is clarified that STAR’s decision in regard to the selection and declaration of the Shortlisted Participant(s) and/or Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are Shortlisted Participant(s) and subsequently declared as Winner(s) based on the criterion mentioned hereinabove, by STAR at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Shortlisted Participant(s)/Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). Post(s)/ Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

c. STAR shall inform the proposed telecast details of their respective Posts / Slogans as well as the details of their e-meeting (webinar) with Ujaan and Hiya to individual Winners through their respective e-mail ids from which they have send their Post for the Contest. STAR also reserves the right to announce the name of the Shortlisted Participant(s) and/or the Winner(s) either on-air on their digital / social media pages and/or on the Channel.

d. All decisions of STAR shall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s)/Winner has waived his/her right to dispute any decision(s) made by STAR in relation to the Contest and/or Gratification, to the extent applicable under law.

e. The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Shortlisted Participant(s)/Winner(s) agrees and undertakes that no cash equivalent or alternative prize will be given to the Shortlisted Participant(s)/Winner(s) and the Shortlisted Participant(s)/Winner(s) cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Shortlisted Participant(s)/Winner(s) and the Shortlisted Participant(s)/Winner(s) cannot transfer the Gratification to any other person.

f. The Shortlisted Participant(s)/Winner(s) shall not in any circumstances make any claims against the STAR entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the winner’s participation in the Contest or any related activity, to the extent permitted under law. If the Shortlisted Participant(s)/Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Post will stand disqualified and such decision shall be final and binding..

g. If STAR so elects, the Shortlisted Participant(s)/Winner(s) will be required to submit to a confidential background check to confirm eligibility and help ensure that the Shortlisted Participant(s)/Winner(s) will not bring STAR Entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on STAR as determined in their sole discretion.

h. STAR shall in no manner whatsoever be responsible for security of Participant(s)’s/ Shortlisted Participant(s)’/Winner(s)’ Post including the picture /text and/or be liable for any use/misuse of the same by any person by way of hacking or otherwise.

i. 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 gratification 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. In any case STAR’s entire liability under this terms and conditions shall not exceed the total monetary value of the gratification .

GENERAL RULES

  1. The Participant(s) interested in participating in the Contest must be above the age of 18 years and residing in India during the Contest Period and at the date of the Gratification. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Contest.
  2. Proof of age, if requested, of the Participant(s)/Shortlisted Participant(s)/Winner(s) and/or the family members of the Winner must be submitted to STAR (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate).
  3. 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) to check the Terms and Conditions of the Contest on the Website.
  4. Non-conformance by the Participant(s)/ Shortlisted Participant(s)/Winner(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s/ Shortlisted Participant(s)/Winner(s) Post, null and void.
  5. STAR reserves the right to disqualify any Participant(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 from time to time. The decision of STAR in this regard shall be final and binding upon the Participant(s).
  6. By participating it is deemed that the Participant(s) have read, understood, accepted and agree to abide with all the Terms and Conditions of the Contest.
  7. In the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the Terms and Conditions the decision of STAR shall be final in this regard.
  8. The Winner(s) agree that he/she shall not hold STAR and/or its employees, responsible for delays or any problem in connection to the Gratification.
  9. The Shortlisted Participant(s)/Winner(s) agrees that if due to any reason, whatsoever, beyond the control of STAR the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.
  10. 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 Shortlisted Participant(s)/Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Gratification.
  11. STAR reserves the right to forfeit the Gratification in the event it is found by STAR that any information provided by the Participant(s) and/or the Shortlisted Participant(s)/Winner(s) is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Shortlisted Participant(s)/Winner(s). In this contingency STAR shall have the right to declare another eligible Participant(s)/Shortlisted Participant(s) who qualifies as per the criteria stated above, as the Winner of the Contest and transfer the Gratification to that person.
  12. The Shortlisted Participant(s)/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.
  13. The Participant(s)/Shortlisted Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Gratification cannot be fulfilled due to war, pandemic, 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 5 days, then STAR shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/ Shortlisted Participant(s)/Winner(s) forthwith and such decision shall be final and binding.
  14. The Participant(s) and/or the Shortlisted Participant(s)/Winner(s) shall not in any circumstances make any claims against STAR 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 (directly or indirectly), to the Participant(s) and/or the Shortlisted Participant(s)/Winner(s) participation or non-participation in the Contest or any related activity. If the Participant(s) and/or the Shortlisted Participant(s)/Winner(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.
  15. The Participant(s) and/or the Shortlisted Participant(s)/Winner(s) shall hold harmless and indemnify STAR, 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 Winner(s) and or their family members/friend’s invited by the Winner(s) in any manner whatsoever in connection with the Contest and/or the Gratification and also to the extent possible 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.
  16. The Participant(s)/ Shortlisted Participant(s)/Winner(s) shall hold harmless and indemnify STAR, 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 in connection with any act of the Participant(s)/ Shortlisted Participant(s)/Winner(s) and/or the Contest and/or Post including the photograph, text in the Post and/or any third party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s)/Winner(s).
  17. The Winner(s) 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 Shortlisted Participant(s)/Winner(s) gives his/her consent to STAR and/or any other agency on behalf of STAR to make the footage of the participation in the Promotional Activity The Shortlisted Participant(s)/Winner(s) in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Shortlisted Participant(s)/Winner(s) 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 in any media whatsoever at any time throughout the world..
  18. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/ Shortlisted Participant(s)/Winner(s) and STAR and its affiliated companies is not a confidential, fiduciary, or any other special relationship.
  19. Participant(s)/ Shortlisted Participant(s)/Winner(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
  20. The Participant(s)/ Shortlisted Participant(s)/Winner(s) agrees and undertakes to maintain confidentiality with respect to the provisions of these Terms and Conditions, the Contest, the Gratification and/or any other aspect related to the Contest.
  21. Participant acknowledges that Participant’s representations, warranties, confidentiality, indemnities, grant of rights in the Post, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.
  22. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the Gratification 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, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.
  23. In case of any dispute or other matter arising in reference to the Contest and/or the Gratification , subject to the provision of Clause 22 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 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Mumbai, India.

Dil Bechara – Favourite Sushant Memory Post

Terms & Conditions

The following are the terms and conditions governing the “Dil Bechara – Favourite Sushant Memory Post” activity (“Activity”) hosted by Star India Private Limited(“Star India”) for the promotion of the film “ Dil Bechara” which will premiere at 8:00 pm on August 09, 2020 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”) bearing 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”), and 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 “#FavouriteSushantMemory” (“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 August 07, 2020, from 5:00 pm IST onwards, and end at 10:00 pm IST on August 9, 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/videos of the Participants for the purposes of the Activity (“ Data”). By participation in the Activity, the Participants hereby consent to the collection, storage, disclosure, processing, transfer and 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 https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://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 their respective favourite memory of Mr. Sushant Singh Rajput (“ Actor”) (collectively “Content”) in 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, the Content as a tribute to the Actor in the manner specified in para (i) above.

iii. Participant(s) are required to submit the Content by sharing it as a response to the Activity Post 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. For sake of clarity, only the Entries shared publicly by the Participant(s) from their Facebook, Twitter, and/or Instagram accounts shall be considered by Star India for the purposes of this Activity.

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. 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.

4. Each Participant agrees and acknowledges that Star India shall be entitled, at its sole discretion, to repost/share any and/or all the Entries of the Participant and/or the Content of the Participants as submitted by the Participant, on the Social Platforms anytime between 5:00 pm IST on August 07, 2020 and 10:00 pm IST on August 09, 2020 (“ Repost”). The Repost shall be decided at the sole discretion of Star India.

5. Star India may, in its sole discretion, utilize the Entries/Content to create an image and/or video showcasing any and/or all Entries/Content (“ Mashup”). The Participant hereby acknowledges and agrees that the Mashup may be shared by Star India on the Social Platforms and/or on the Channel, by tagging the respective Participant(s) who has submitted the Content and such Content forms a part of the Mashup. The Participant hereby acknowledges and agrees that Star India has the right to develop, exploit and/or utilize the Entry/Content 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/Content submitted and its future development (if at all), by Star India, its licensors’ and its affiliates. The Mashup may be aired on any channel and/or any platform including but not limited to social media platform of Star India and/or its affiliates and/or any authorized third party, as deemed fit by Star India.

6. 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.

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 given 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, videos, 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) (‘ 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. who/which form part of the Entry 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 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., https://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; is 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; harms 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; impersonates 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 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. Star India shall not be responsible and/or liable, in any manner whatsoever, in the event any third party(ies) uses/exploits the Entry and/or Data submitted/available on any of the Social Platform(s) and the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India.

24. 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.

25. 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 Platforms or the content of any websites linked to the Social Platforms and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Social Platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participants’ access to and use of the Social 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 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.

26. 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).

27. 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.

28. 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.

29. 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).

 

30. 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.

31. 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.

32. 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.

33. 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.

34. 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.

 

35. 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).

36. Subject to the provision of Clause 35 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.

37. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the 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.

38. 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.

39. 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.

40. 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.

Star Quiz Challenge 2020 – Online game

Terms & Conditions

1. The following rules and regulations (“ Rules and Regulations”) govern the entire process for the participation in the Star Quiz Challenge 2020 (“Game”) and shall be binding on each participant (“Participant”, “ Your” and/or “You”) residing in the UAE, Qatar, Bahrain, Oman, Kuwait, and Saudi Arabia (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Game hosted by Star Asianet Middle East FZ LLC together with its affiliates, associates, agencies etc., as the case may be (“ STAR/Company”).

2. Your act of participating in the Game 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 “ Rules and Regulations”). If you do not agree to be bound or cannot comply with any of the Rules and Regulations, please do not continue. Your failure to accept these Rules and Regulations will disqualify your participation in the Game.

3. The Game shall be governed by the Rules and Regulations, and, by entering the Game, each Participant acknowledges that they have read and understood, and unconditionally agree to comply with and abide by these Rules and Regulations. The decisions of STAR on all matters relating to the Game shall be final and binding in all respects.

4. The Privacy Policy available on the Game 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 Game, gathered under, or pursuant to this Game by STAR (if any).

5. STAR shall promote the Game on its Facebook Page https://www.facebook.com/STARPlusMiddleEast (“Facebook Page”) and Instagram handle www.instagram.com/starplusmiddleeast (“Instagram Handle”).

6. The Game shall be available on www.starquizchallenge.com (“Game Website”).

7. Non-conformance by the Participant(s) with any and all the Rules and Regulations herein or as set by STAR from time to time will make such Participant’s entry into the Game as null and void.

8. The Star Quiz Challenge is available only in the English language.

9. All Participants are advised to remain in areas with strong and stable/continuous network signal of the telecom operator or internet service provider to ensure smooth functioning of the Game.

10. The Game requires the Participants to answer general knowledge questions in the format specified on the Game Website.

11. The score of each Participant shall be available at the end of the game they can share with their friends on Facebook and Instagram by sharing the URL of the Game Website. No Participants are eligible to win any prizes, gifts or other type of gratification except for the Game Prize (as defined hereafter) in the Game.

12. All Participants can only participate in the Game after clicking on the “Accept” button for these Rules and Regulations.

13. By accepting these Rules and Regulations to participate in the Game, the Participant consents to the publication of their score on the Game Website after the application of appropriate filtering mechanism designed by the Company. The Company shall not be responsible or liable for any claims regarding the exercise of the Company’s discretion in this regard. The Company shall not be responsible for any kind of claims, damages, and outrage arising due to the participation of the Participants.

Additionally, the Company shall not be responsible for any violation of Intellectual Property rights that may arise out of any content posted by the Participants.

14. Each Participant may invite their friends by posting the Game Website URL on their social media handles. Once invited, each user needs to accept the Rules and Regulations to participate in the Game. By participating in the Game, the Participant allows the Company to access and display personal information including without limitation, the Participant’s Game Data and Scores in the Leaderboard(s).

15. Each Participant shall be assigned a Unique Identifier for that respective Participant. The points are not transferable between different Unique Identifiers and only one Device’s answer selections shall be captured for scoring.

16. The Company reserves the right to modify and/or cancel the Game based on programming, technical requirements, unfavorable climatic conditions and/or any other reasons as the Company may deem fit. The Game in such circumstances could be rescheduled, extended, cancelled or terminated in entirety.

17. Decisions made by the Company shall be final and the Company shall not be responsible for factors including but not limited to loss of data/Points or any other advantage/disadvantage caused to Participants due to technical errors or issues in their device, application, login interface/multiple logins for the same Unique Identifier, any other Participant-led gamification manipulation, internet connection, latency and/or network coverage.

18. The Company recommends the Participants to maintain the privacy of their personal details and not share with third parties their phone number or any other personal details associated with any other social media platform or any other website.

The Company will have access to and collect information and data related to the playing of the Game by the Participant during Game including without limitation their Facebook ID and name and Facebook picture, their Google ID and associated details such as name, date of birth, photograph, gender and country (“Game Data”). The Participant consents to the use of this Game Data by the Company for research and development for a better gaming experience, including but not limited to understanding the functioning of the Game Play, mapping general Participant behavior in response to the features of the Game Play, the improvement of the Game in general, etc. By participating in the Game, the Participants consent to the collection, storage, processing and the transfer of and sharing of the Game Data by the Company, in accordance with its Privacy Policy which is available on the Game Website.

19.The Participation in the Game Play will be governed by the requirements of the relevant country’s privacy laws only.

20. In case of any queries, please write to marketingme@startv.com with your concerns/issues related to the Game Play. All endeavors shall be made to reply to the queries within reasonable time on a best effort basis. However, the absence of a reply shall not be deemed to mean acceptance by the Company of any claims made in the query.

Please refer the detailed Rules and Regulations mentioned below governing the Game.

DETAILED RULES AND REGULATIONS GOVERNING PARTICIPATION IN THE GAME

1. GAME DESCRIPTION

Star Quiz Challenge 2020” is a skill based online game (the “Game”) which is being hosted and can be played on the Game Website which is owned and operated by the Company. The Game Play is meant to test the Participant’s knowledge of general knowledge. The Company may run other forms of contests, games hosted by the Company or Sponsors and partners during the course of the Game.

2. KEY DEFINITIONS

1. For the purposes of the Rules and Regulations, the expressions used herein shall have the meaning ascribed to them as below:

a. “Company” means Star Asianet Middle East FZ LLC; and includes its affiliates associates, agencies etc., as the case may be for the purposes of the Game.

b. “Device(s)” shall mean computers, laptops, smartphones running the Android (with version 4.4 and above)/ iOS (with version 10 and above) operating platforms etc., capable of receiving and transmitting data including via Internet and/or mobile communications technology and/or any other similar technology. The Game may work on sim-based tablets and devices other than smartphones operating on the Android (version 4.4 and above) or iOS (version 10 and above) operating platforms.

c. “Game Play” refers to the act of participating in the Game by answering the questions pertaining to the Game.

d. “Game Data” refers to the Participant information and Participant-specific Game related data collected by the Company during the Game.

e. “Leaderboard” is a dashboard which lists the top ten scoring Participants in descending order of their Scores/cumulative Points in the Game Play.

f. “Intellectual Property” shall include but not be limited to copyrights, trademarks, patents, trade secrets, domain names and/or any other legal interests recognized or protected as intellectual property.

g. “Game Intellectual Property” shall include but not limited to the Game creatives, game format, scoring format, all trademarks and copyrights obtained by the Company for the purposes of this Game, IT infrastructure design, domain names and terminologies used in this document to define specific aspects of the Game and any other Intellectual Property associated or related or developed in relation to the Game.

h. “Participant Profile” is a dashboard on the Game interface which consists of the cumulative Points earned by the Participant during the Game and during the Game Play.

i. “Point(s)” refers to a numerical mark or unit of scoring awarded for successfully answering a question correctly during Game Play.

j. “Registered User(s)/User” means a person who has a valid Facebook and/or Google account and accepts these Rules and Regulations to access and/or participate in the Game.

k. “Rules and Regulations” means these rules and regulations governing the Game, as stated herein in entirety and as may be amended by the Company from time to time without prior notice, and includes Key Rules accompanying the version of the Game in the Website;

l. “Score(s)” means the cumulative Points won by a Participant while playing the Game Play.

m. “Unique Identifier” refers to the unique identification number assigned to each Participant of the Game who accepts the Rules and Regulations for the Game.

n. “Game” refers to the game Star Quiz Challenge 2020. Star Quiz Challenge 2020 is available on the Game Website which may be played by the Participants on the Device(s) in accordance with the Rules and Regulations and includes all versions of the Game.

o. Game Period” shall mean the 8-week period during which the Game shall be accessible on the Game Website and during which eligible Participants may win the Game Prizes.

 

p. Participant(s)” means any person(s) who (i) agrees to enter and participate in the Game Play in accordance with the Rules and Regulations as defined in this document; (ii) plays the Game on the Game Website; (iii) is and continues to remain present in the Territory; (iv) is and continues to remain of sound mind and health (v) does not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Game; and (vi) is at least 13 (thirteen) years old as on the date of commencement of the Game.

3. PROCEDURE TO PARTICIPATE IN THE GAME

i. Eligibility and Participation

1. The Game is made available in English exclusively on the standalone website www.starquizchallenge.com (“Game Website”) and is accessible on the Devices.

2. The Game Play will work only in the Territory and shall not be accessible from other territory (ies) across the world.

3. To participate in the Game Play, the User should (i) agree to enter and participate in the Game Play in accordance with the Rules and Regulations as defined in this document; (ii) play the Game on the Game Website; (iii) be present in the Territory; (iv) be of sound mind and health; (v) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Game; and (vi) at least 13 (thirteen) years old as on the date of commencement of the Game. The Participation in the Game Play will be governed by the relevant law of data privacy only.

4. In case the Participant is below the age majority in the Territory; the Participant shall ensure that their parent and/or guardian has read, understood, acknowledged and agreed to the Rules and Regulations and the Privacy Policy available on the Game Website. The Company shall assume a deemed acceptance of the Rules and Regulations by the parent and/or guardian of the Participant when the Parental Consent checkbox is selected by a minor Participant on the Game Website.

5. The Participant(s) must be individual residents of the Territory, who are not citizens of any sanctioned country (where sanctioned country means Belarus, Burma (Myanmar), Crimea, Cuba, Democratic Republic of Congo, Iran, Ivory Coast, Liberia, North Korea, Somalia, Sudan, Syria, Zimbabwe and any other country against whom the U.S. economic sanctions programs are or may be maintained by the U.S. Government).

6. The Game is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) the Company; 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 Game (collectively, the “Sponsors”).

ii. Registration

1. By Participating in the Game, the Participant allows the Company to access and display personal information such as the Game Data and Scores in the Leaderboard(s).

2. Prior to proceeding, the Participant agrees with the Rules and Regulations governing the Game.

3. All Registered Users that participate in the Game shall be deemed to have read and accepted the Rules and Regulations and the Privacy Policy as defined herein and updated from time to time.

4. The Game Play is available to all Registered Users, and is accessible for viewing and/or playing, for the duration as defined by the Company.

5. Each time a Participant accepts the Rules and Regulations, they shall be assigned a Unique Identifier for the purposes of the Game. The Points will not be transferable between Unique Identifiers, irrespective of Devices used for Game Play.

6. The Game Play Points shall accrue to the Unique Identifier linked to the Registered User. The Points will be accrued and associated to one Unique Identifier only; the first response for every question captured on the Company servers shall be considered for scoring and Leaderboards.

The Points shall accrue to the Unique Identifier as per the following scenarios:

Type of Participant

Treatment of Points

Registered User

The Points will be accrued to a Unique Identifier and the Points will be issued against the same Unique Identifier.

7. In case of loss of Points due to loss of Device or loss of Points due to multiple logins from the same Device, any other any other Participant-led gamification manipulation, or any other technical glitches, the Company shall not be responsible to identify the actual Participant who has played the Game Play and no questions/queries or requests in this regard shall be entertained. The Company’s decision on whether the Participant should be credited unclaimed Points shall be final and binding on all Users that participate in the Game Play. In case the Company identifies any malpractice/ fraudulent usage / unfair advantage including but not limited to use of cheats, exploits, automation, software, bots or any unauthorized third-party software, the Company reserves the right to disqualify the Participant without any prior notice/intimation.

iii. Charges for the Game

1. Please note that the access to the Game Website is free of cost, however, the access of the Website shall consume data/internet charges. Therefore, the access of the Game Website and the Game Play will result in the use and consumption of data for which data charges as charged by your internet/telecom operator may apply. For further details, please contact your internet/telecom operator.

2. The Company will not and does not receive any monies and/or consideration from the internet/telecom operators and/or any third party, in connection with the data consumed by the Participant for playing the Game.

i. Game Format

1. The Game shall have 3 rounds, i.e. Scattergories, Starcade and Rapid Fire. All questions asked are general knowledge questions covering current affairs, sports, science etc.

Rules:

1. Participants have three levels to complete: Scattergories, Starcade and Rapid Fire.

2. Participants must confirm their answers within given time limit.

3. There is no disqualification if answered wrong. All Participants will be led to the next round.

4. This game can be played as many times as the Participants wants, to improve their score.

5. Once the Participants completes all the rounds, they will be given a final score and shown where they stand on the Leaderboard.

6. Participants will then be prompted by the Game Website to share the score on social media platforms to challenge their friends or download their scorecard to share with their friends using their social media accounts.

7. The shared post will have their score card and a URL which will enable their friends to come on to the Game Website and take part in the Game.

8. No points shall be awarded if the time allocated for that question/round runs out before the Participant has entered/selected their answer(s).

a) Round 1 - Scattergories

1. Participants have to choose a category out of the six pre-set categories presented.

2. There will be 3 questions for each of the 3 categories.

3. If the Participant answers correctly or incorrectly or the time runs out; they get to select another category.

4. Participants will get 30 seconds to answer each question.

5. Completing this round will lead the Participants to the second round of the Game.

b) Round 2 - Starcade

1. This is a guessing round.

2. The Participants have to give answers based on the clues provided.

a. if the Participant answers correctly on the first clue, they will get 15 points;

b. if on the second clue, they will get 10 points;

c. if on the third clue, they will get 5 points

3. Each clue has a 15 second timeout.

4. Completing this round will lead Participants to the third round.

c) Round 3 - Rapid Fire

1. In this round, 6 questions will be asked in 60 seconds.

2. Each correct answer will fetch the player 10 points

3. If answered correctly in a consecutive manner, the player earns bonus points.

4. Breaking the streak of consecutiveness will reset the bonus points to zero

Scoring System:

1. Scattergories – Each correct answer will fetch 5 points for the Participants. In addition to that, each Participant can earn 5 bonus points if they answer rapidly. Bonus points are earned based on the pre-defined time interval ranges as follow:

  • 1-4 seconds: 5+5 points
  • 5-9 seconds: 5+4 points
  • 10-14 seconds: 5+3 points
  • 15-19 seconds: 5+2 points
  • 20-24 seconds: 5+1 points
  • 25-30 seconds: 5 points

2. Starcade Questions

· Each clue fetches different points to the player depending on when s/he answers correctly.

· Clue one, two and three have points 15, 10 and 5 respectively.

3. Rapid Fire

· Each correct answer will fetch the player 10 points

· If answered correctly in a consecutive manner, the player earns bonus points.

· Breaking the streak of consecutiveness will reset the bonus points to zero

2. The Company reserves the right to edit/add more questions/answer options, change the Points associated with a question, change the Points required to accumulate within each round (including sub-rounds) and take appropriate action in case any answer option does not qualify in the table above.

3. The order and frequency in which each type of question may be asked is at the sole discretion of the Company.

4. The Participant will have to provide answers for each Question within the stipulated time (the time specified in each round for answering a question), which starts from the time the question appears on the Participant’s Device. The Participant will win points as per the ‘Scoring’ process (detailed in section III) and be eligible to be included in the Leaderboards.

5. The Participant may be notified by a pop-up and/or display on the Game Play screen, upon the receipt of the Participant’s correct and/or incorrect answers.

6. Only those options/answers which are received within the stipulated time, will be considered valid.

7. The Company may increase and/or reduce the stipulated time to answer each question at its sole discretion and the decision of the Company in this regard, will be final and binding on the Participant(s). Once the Participant selects an answer option for the question presented during the Game Play, the Participant will not be allowed to change the answer option. If for any technical and/or non-technical reasons, the Company’s servers fail to register any option/answer provided and/or selected by the Participant, the Company, shall not be responsible for such delayed receipt or non-receipt or incomplete receipt or receipt of corrupted answers.

8. In the event the Participant’s responses to any of the questions during the Game Play is not received within the stipulated time, due to any unforeseen reasons or errors including but not limited to technical or network errors or glitches, the Participant will not be allotted any Points for answering the question, notwithstanding the fact that the Participant may have correctly answered the question through the Device within the stipulated time on the screen of the Device.

9. In case multiple answer entries are received from Participant(s) for the same question, due to any unforeseen reasons or errors including but not limited to technical or network errors or glitches, the Company may at its sole discretion, choose the answer received at the first and foremost attempt by the Participant as recorded in the Company’s servers.

10. The Company will not entertain any claims/questions/queries with respect to the authenticity and/or correctness of any questions and answers for the questions.

11. The Company’s decision on the correctness or incorrectness of Participant Points computation is final and binding on all.

 

4. Selection Process and Gratification:

1. The Participant who has earned the high score in a given week of the Game, shall be eligible to win the Weekly Prize (“ Weekly Winner”).

2. In the event that multiple Participants have the same score in a given week, the Participant who reached that score in the lowest number of tries will be considered to be the Weekly Winner. The frequency of each Participant’s play count will be monitored for the same.

For example, if one Participant has scored 500 by playing the Game 10 times and the other Participant has scored 500 by playing the Game 5 times, then the latter will be the Weekly Winner.

3. In the event both the number of tries and the high score are the same between two or more Participants, the Participants with the lowest total time taken in microseconds to achieve the high score will be deemed the Weekly Winner. The time taken by a Participant to complete the Game is monitored by the system.

4. The same Participant cannot be the Weekly Winner in any two weeks. For example, if Participant A is the top scorer in week 1 and wins the Weekly Prize, and continues to top the leaderboard in week 2, they cannot win the next Weekly Prize, but their cumulative score will be considered to determine their eligibility to win the Grand Prize. In the abovementioned example, the Participant with the next-best-score after Participant A will be awarded the Weekly Prize in week 2.

5. The Participant with the highest cumulative score throughout the Game Period will be eligible to win the Grand Prize (“ Grand Winner”). The Grand Winner need not have been a Weekly Winner in any week. The Weekly Winners and the Grand Winner shall collectively be referred to as the Winners.

6. The Winners will be contacted through the contact details provided by them. Such Winners will be required to execute any and all legal documents as required by the Company. In case a Winner is unable to verify the eligibility details, the said Winner shall be disqualified from the Game, at the sole discretion of the Company.

7. The results of the Game and the Winners will be announced by the Company after the expiry of the Game Period and/or the relevant week therein. In the event, such announcement of Winner(s) is postponed for any reason whatsoever, the Company will not be held responsible for and there shall be no announcement of Winners on any public forum or otherwise. In the event that the Company is of the opinion none of the Participants are eligible to be selected as a Winner, then the Company may exercise its discretion not to select any Winner.

8. The Company shall not be responsible if the Winner(s) are not available at the contact details provided by them and as a result of which the Winner(s) loses their chance to receive the Game Prize(s). The Company shall make only one (1) attempt to reach the Winner(s). In case they do not revert within the timeline specified in the Company’s communication to such Winner, the selection shall be invalidated and the Company shall not be liable to such Winner(s) in any manner whatsoever. For the avoidance of doubt, it is clarified that if a Winner’s selection is invalidated due to their non-response to the Company’s communication, the Company shall have the right (but not the obligation) to select the Participant with the next highest score in the relevant time period as the Winner.

9. The Winner(s) shall be required to be available as required by the Company to receive the game console (“Weekly Prize”) and/or the gaming laptop (“Grand Prize”) which shall collectively be referred to as the “Game Prizes”. The Company may change any of the Game Prizes at its sole discretion, without any obligation to notify the Participants of such change. The Company shall not be liable if any Winner for any loss/ damage to their person or property caused/incurred during the Winner’s collection of the Game Prizes and the Winner(s) shall keep the Company indemnified for any loss suffered as a result of the same.

10. If any Participant engages in any behaviour that the Company in its sole discretion believes to be prejudicial to the spirit of the Game, it will result in such Participant’s disqualification from the Game and the receipt of any Game Prize.

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

12. All decisions taken by the Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Participation in the Game shall be construed to mean that the Participant(s) has(ve) waived their right to dispute any decision(s) made by the Company.

13. The Company reserves the right to change or withdraw the Game Prize should the selected Winner(s) fail to comply with any of the Rules and Regulations and/or applicable laws or for any reason whatsoever.

14. The Company and any 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 Game Prize.

15. In case Participant(s) and/or Winner(s) fail to produce any documents required by the Company for the purpose of verification of compliance with these Rules and Regulations, such Participant(s) and/or Winner(s) shall stand disqualified without any liability to the Company.

16. The Game Prizes are non-refundable, 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 Game Prize(s) for a gift of equivalent value. Further, the Game Prize won is personal to the Winner(s) and the Winner(s) cannot transfer the Game Prize to any other person(s).

17. By participating in the Game, the Winner(s) grant the Company and the Sponsors unlimited use of their names, social media handles, address, voice, photographs, statements and/or likeness in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

18. For the sake of clarity, all rights, title and interest in the Game Data shall vest with the Company and may be utilized by the Company 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 Game Data to the Company including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

19. Except as expressly provided herein, all ancillary costs associated with the receipt or use of the Game Prize, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the selected Winner(s).

20. By providing any personal information to the Company and/or participating in the Game, 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 the Company. If a Participant does not wish to have their information and/or likeness viewed by or disclosed to others, they should not participate in the Game.

21. The Winners agree that they shall make themselves available from time to time and co-operate with the Company and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winners. Further, the Winners 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 Game) with regard to the Winners shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

 

5. Other Terms and Conditions

1. The Game is meant for entertainment and recreational purposes only, and is not a bet, award or challenge or other form of formal event.

2. The Game will be available only on the Game Website. The Company will not be responsible for any break or disconnection or disruption in network connectivity in any manner, irrespective of the network being used which results in any break during the Game. Network issues can disrupt various aspects of the Game such as receipt of questions and answer options, receipt of any sound, text, video feed related to the question, receipt by the Company of answer chosen by the Participant, etc. The Participant is advised to remain in an area with a strong and stable/ continuous mobile network signal of the telecom operator or internet service provider to ensure smooth functioning of the Game.

3. Any loss or outrage or dissatisfaction suffered during the Game Play by a Participant would not be the responsibility of the Company, who will not be responsible to make good any such loss or dissatisfaction. Under no circumstances whatsoever, will the Participant be entitled to claim any damages against the Company including but not limited to general and special damages, consequential, pecuniary and non-pecuniary, liquidated, aggravated, exemplary damages, compensatory and non-compensatory, nominal and damages for loss of profit/ loss of opportunity.

4. In the event the response of the Participant is not received by the Company within the stipulated time period for the question for any reason, the Participant would not get points even in the event that the question was answered correctly by them.

5. Other than the Game Website and Device(s), the Game will not be accessible on any third party live TV streaming medium or any other operating systems/platforms.

6. The Company will endeavor to ensure that the integrity of the Game is maintained at all times and will take reasonable steps in this regard. In the event the Company receives information that the integrity of the Game or Game Play has been compromised in any manner, including by using unfair or unlawful means, the Company reserves the right to take all actions, including suspending the Participant from the Game, to protect itself, the Game Website, the Game and/or Game Play.

7. By agreeing to these Rules and Regulations, you permit the Company to use your Game Data in the event your Score qualifies for the Leaderboard.

8. None of the Participants shall, without the prior written approval of the Company, speak to the press or any other media or any third person, nor give any interviews or comments relating to any aspect of the Game. The Participant shall not disclose any information whatsoever relating to the Company to any other party including screen shots of the Game on social media websites. Violation of this clause shall immediately disqualify the Participant’s prospects of further participation.

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

4. Systems and availability

1. Participants may need to adjust the Device display, font, brightness and resolution to default size or lower to ensure that they are able to play the Game on their Device(s) properly.

2. Participants are advised to keep the Device from which the Game is played, adequately charged. Low battery may result in shut down of the network and/or Device which could affect the Participant’s ability to play the Game.

3. The Company has ensured adequate redundancies with respect to the servers that are used to communicate with the Game Website for the Game. However, in the rare instance(s) that the servers are affected and are rendered non-functional, the Company will, at its discretion but not as an obligation, determine such measures as it may deem fit, including cancelling certain sections or segments or question(s) from the Game at the discretion of the Company.

4. An on-going Participant(s) could lose out on the opportunity to play one or more questions (and hence lose Points) in any of the following, but not exhaustive, situations:

i. Where a Participant answers a call/ message/ etc. on the Device when they are playing the Game;

ii. Where a Participant exits the Game Website while playing the Game;

iii. Where a Participant force quits the Game Website or restarts their Device during Game Play;

iv. Where there is a network drop or battery drain-out during Game Play;

v. Where the Device under use for Game Play hangs;

vi. Where the Device auto-locks, screen times out during the course of the Game; and/or

vii. Where the Unique Identifier is used by multiple devices.

5. In the event the Game Play is terminated mid-session for any reason whatsoever, or where the Game Play or the ability of a Participant to participate in the Game is affected by any network/ IT/ phone related issue, and/or where a Participant exits the Game in the middle of an on-going round, the Participant will be permitted to rejoin the Game Play only when the next question is about to be displayed.

6. The situations present hereinabove are only by way of example and there could be additional situations, beyond the Company’s control, wherein the Participant’s Game Play may be interrupted, and/or the Participant may lose an opportunity to answer any question. Under all such scenarios, the Participant will be permitted to rejoin the Game Play only when the next ball is played and the Company will not be liable in any manner for such interruption in the Game Play and/or any lost opportunity to answer any of the questions during Game Play, which results from technical and non-technical reasons attributable solely to the Participant, its Device, the internet and/or mobile networks and/or login issues through phone number/Google ID/ Facebook ID and/or any other force majeure conditions.

7. The Company will not be responsible for any loss, outrage from or dissatisfaction suffered by the Participant, during Game or otherwise arising out of or resulting from the Game in general. The Company will not be responsible to make good against any such loss, outrage or dissatisfaction.

8. While all attempts will be made to protect the Game Data, including the data pertaining to the correct answers given by each of the Participants, from loss and/or corruption, Participants agree and acknowledge that all systems are prone to failure and hacking attempts. In the event of any data loss, the Company shall make reasonable endeavors to continue with whatever data available in the manner it deems is fit. The Company will not be responsible for any damage resulting from the loss of data or the action taken by the Company for the continuity of the Game, on account of the same. The Company will not be held responsible to make good any loss or dissatisfaction suffered by the Participant, on account of such loss.

9. While the Company shall endeavor to make all reasonably practicable arrangements for the continuity of the Game, it cannot guarantee or assure seamless connectivity or continuous availability of the Game Website, server, system or software to the Participants during the conduct of the Game as these are dependent on external utilities/service providers and factors which could be beyond the control of the Company.

10. The Participant acknowledges and agrees to hold harmless the Company for the application, network, process, technical or any other failures. Any losses, injury, discomfort, loss of privacy, inability to participate or any other discomfort of any sort caused to the Participant or the Participant’s property or device shall not be the responsibility of the Company.

11. In case any unauthorized activity is observed on the Game, Company reserves the right to disqualify the Participant causing and/or resorting to such unauthorized activity till such time as the Company deems fit. The Company would not be responsible to such Participant in any manner whatsoever on account of such disqualification.

12. Company shall not be liable for any failure of the Game Website server or system during the course of playing the Game.

13. Company and its sub-contractors are not responsible for delayed receipt or non-receipt or incomplete receipt or corrupted receipt of answers.

14. The Company accepts no liability and shall not be responsible and/or liable in any manner whatsoever in case the Participant(s) are unable to participate in the Game due to failure on the part of the telecom operator, internet service provider, facility provider, etc., or due to capacity constraints.

15. In the event the Game ceases to operate due to any unforeseen issues, including but not limited to technical issues or force majeure, the Company reserves the right to discontinue the Game for future and revise these Rules and Regulations to accommodate such discontinuation. The Company shall not be responsible or liable for any losses or damages caused due to such discontinuation.

16. It shall not be open for the Participant(s) or any of their representatives to require or demand an audit or verification of the any of the systems, databases, software, hardware of the Company and its Partners used to host the Game Website or the Game, or any other criteria, process or system adopted by the Company as part of the process of conduct of the Game.

17. No person (i.e., either the Participant or any person on behalf of the Participant) shall initiate litigation against the Company, in any manner, in connection with the Game and/or the eligibility and/or the participation in the Game without first writing in to the Company at marketingme@startv.com setting out its concerns/issues and providing the Company a reasonable opportunity to address such concerns/issues.

5. Intellectual property

The Intellectual Property rights (" Intellectual Property Rights") in the Game Website, underlying Company and the Company platform, and material published on the Game Website, including (but not limited to) games, Games, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by the Company, its Partners and/or licensors. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Company either in whole or in part without an express written license from Company.

6. User conduct

1. Participant(s) agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Company or the Company’s services.

2. Participant(s) shall not attempt to gain unauthorized access to the user accounts, servers or networks connected to Company services by any means other than the user interface provided by Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the Company services.

3. Participant(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

7. GENERAL RULES AND REGULATIONS

1. The Participant’s participation in the Game shall be considered to be acceptance of all Rules and Regulations as set forth herein including the Privacy Policy on the Game Website.

2. The Participant hereby represents that he/she is not under any contract, exclusive or otherwise, with any other third party/ agency or is not under any kind of disqualification or disability under law, to enter into an agreement with the Company.

3. The Participant shall undertake, warrant and guarantee to the Company that the Participant has the full legal capacity to participate in the Game, in accordance with these Rules and Regulations.

4. The Participants acknowledge that they have voluntarily chosen to participate in the Game of their own free will and are willing to bear all risks, costs and consequences arising from such participation in the Game.

5. The Participant shall not have any claim against the Company. The Company or vendors connected with the Game shall not be responsible for any such eventuality and the Participant(s) shall not be entitled to claim any compensation from the Company.

6. In the event of any fault, misunderstanding or dispute concerning any part of the Game, and/or the operation of the internet system or the validity of any question or answer options, the decision of the Company shall be final and binding on all Participant(s) and other persons. The Company is empowered to take a decision on any case or instances not covered by the present Rules and Regulations.

7. The Company reserves the right to amend (add to, delete or modify) the Rules and Regulations prospectively or retrospectively, at its discretion and without prior approval in order to improve the Game or remediate any issues that may occur. The Participant is requested to carefully read these Rules and Regulations from time to time before using the Game Website for participating in the Game. It shall be the Participant’s responsibility to check these Rules and Regulations periodically for changes. The Company may require the Participant to provide their direct or indirect consent to any update in a specified manner before further use of Game Website for Game Play. If no such separate consent is sought, their continued use of Game Website for Game Play, following such changes, will constitute your acceptance of those changes.

8. The Company has the sole right at any time/to alter/amend/withdraw/replace/discontinue and/or terminate the Game without any prior intimation or notice to the public and the Company is not obligated in any manner whatsoever to compensate any person(s) who have participated in the Game.

9. If any provision of these Rules and Regulations is held by any Court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Rules and Regulations and the remainder of the affected provisions shall continue to be valid. These Rules and Regulations and the Game shall be governed by and construed in accordance with the laws of UAE and the Participant(s) submit irrevocably to the jurisdiction of the Courts in Dubai.

10. Any dispute or claim arising out of or in relation to the Game or these Rules and Regulations shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time, by a sole arbitrator nominated at the sole discretion of the Company. The place of arbitration shall be Mumbai and the language of arbitration will be English. The award of the arbitral tribunal is final and binding on all parties.

11. The Company is empowered to take a decision on any case not covered by the present Rules and Regulations.

12. The Company will not be liable for any loss of earnings, employment or otherwise, caused to the Participant(s) and arising as a result of their participation in the Game.

13. The Participant(s) hereby agree to indemnify the Company against any claims that might arise from the Participant’s actions or omissions while participating in the Game.

14. The Participant hereby agrees and undertakes that, the Company 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 Participant(s) in any manner whatsoever, in relation to the Game.

15. The only way to enter the Game is through participation as described in these Rules and Regulations. Any person claiming that they can help get you access to the Game for a consideration is defrauding you. Please contact your local police and report this person immediately.

16. Any person(s) claiming that they can help You get favorable access to the Game Play/Game Prize(s) for a consideration (monetary/non-monetary) is defrauding You. Please contact your local police and report such person/s immediately.

17. The Participants shall not have any ownership interest, license or other rights in the application for Game or any right in the Game Intellectual Property therein, whether by license, implication, estoppel or otherwise.

18. Subject to these Rules and Regulations, the Company hereby grants you a limited, non-exclusive, non-sub licensable and non-transferable license, limited to the Territory, to use the Game and the content solely for purposes of availing the Game Play and services provided therein. The Participant acknowledges and agrees that they shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from the Company or thirty party owners of such content.

19. Subject to the Rules and Regulations, the Participant(s) may access, view and otherwise use the Game (including, without limitation any services provided on or through the Game Website) for their personal (non-commercial), lawful use only. The Participants must not use the Game and any services provided through it in a manner which is prohibited by the Rules and Regulations and/or applicable law.

20. The Company in its sole discretion may suspend or terminate and/or block the Participant(s) from accessing all or any part the Company’s website and/or any service provided therein if the Participant breaches or is suspected to be in breach of the Rules and Regulations and/or any applicable law and/or if the Participant is found to be misusing the Game Website and/or is engaged in the illegal and/or fraudulent use of the Game Website in any manner.

Privacy policy – Star Quiz Challenge 2020 Online game

Privacy Policy

SCOPE OF THIS POLICY
This privacy policy describes the treatment of information provided or collected on the sites and applications where this privacy policy is posted, whether on our digital properties or on applications we make available on third-party sites or platforms. We follow this privacy policy in accordance with applicable law in the places where we operate. In some cases, we may provide additional data privacy notices specific to certain products, practices, or regions. Those terms are to be read in conjunction with this policy.

Please keep in mind that when you provide information to us on a third-party site or platform (for example, via our applications), the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this privacy policy, and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our applications. Please also keep in mind that our sites and applications may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.

WHO WE ARE

A member of The Walt Disney Family of Companies, which includes many different brands, will be the data controller for your information. In this case Star Asianet Middle East FZ LLC shall be the data controller.

TYPES OF INFORMATION WE COLLECT

We collect two basic types of information – personal information (as defined in this policy) and anonymous information (as defined in this policy) – and we may use personal and anonymous information to create a third type of information, aggregate information (also defined in this policy). For example, we may collect:

· Registration information you provide when you create an account, enter a promotion, or link your profile on a third-party site or platform with your registration account, such as your first name and surname, country of residence, gender, date of birth, email address, username, and password;

· Transaction information you provide when you request information, contact Guest Services, or purchase a product or service from us, such as your postal address, telephone number, and payment information;

· Information you provide in public forums on our sites and applications, such as your public posts;

· Information sent either one-to-one or within a limited group using our message, chat, post, or similar functionality, where we are permitted by applicable law to collect this information;

· Information we obtain from a third party, such as a site or platform provider, about use of our applications on third-party platforms or devices;

· Location information, including location information provided by a mobile or other device interacting with one of our sites or applications (including through beacon technologies), or associated with your IP address, where we are permitted by law to process this information;

· Activity information about your use, and the use by any person(s) you authorize through your account, of our sites and applications, such as the content you view or post, how often you use our services, and your preferences; and/or

· Usage, viewing, technical, and device data when you visit our sites, use our applications on third-party sites or platforms, or open emails we send, including your browser or device type, unique device identifier, and IP address.

 

HOW WE COLLECT YOUR INFORMATION

· We may collect information you provide to us when you request or purchase products, services, or information from us, register with us (including when you link your profile on a third-party site or platform with your registration account), participate in public forums or other activities on our sites and applications, respond to guest surveys, or otherwise interact with us using one or more devices. You may provide information in a variety of ways, including by typing or using voice commands.

· We may collect information through a variety of technologies, such as cookies, Flash cookies, pixels, tags, software development kits, application program interfaces, and Web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms using one or more devices, whether or not you are logged in or registered. Please visit Online Tracking Technologies and Advertising for further information, including Do Not Track and how to disable cookies and otherwise make choices with respect to such data collection.

· We may collect information using analytics tools, including when you visit our sites and applications or use our applications on third-party sites or platforms.

· We may acquire information from other trusted sources to update or supplement the information you provided or we collected automatically, such as when we validate postal address information using third party services. Applicable law may require that you authorize the third party to share your information with us before we can acquire it.

USE OF YOUR INFORMATION BY THE WALT DISNEY FAMILY OF COMPANIES

The member of The Walt Disney Family of Companies that is the data controller for your information is responsible for and may use your information for the purposes described in this policy. Other members of The Walt Disney Family of Companies and/or third party service providers may have access to your information where they perform services on behalf of the data controller(s) (as a data processor ) and, unless prohibited under applicable law, for use on their own behalf (as a data controller) for the purposes described in this policy. Consistent with applicable law and choices and controls that may be available to you, we may use information collected from you, or from devices associated with you, to:

· Provide you with the experiences, products, and services you request, view, engage with, or purchase;

· Communicate with you about your account or transactions with us and send you information or request feedback about features on our sites and applications or changes to our policies;

· Send you offers and promotions for our products and services or third-party products and services;

  • Personalize content and experiences;

· Provide you with targeted advertising based on your activity on our sites and applications and on third-party sites and applications;

· To learn more about how we use your information for personalization and tracking, please visit Online Tracking Technologies and Advertising .

· Operate, understand, optimize, develop, or improve our sites, applications, products, services and operations, including by using guest survey research and analytics tools; and

· Detect, investigate and prevent activities that may violate our policies or be illegal.

SHARING YOUR INFORMATION WITH OTHER ENTITIES

· We will not share your personal information with a third party outside The Walt Disney Family of Companies except in limited circumstances, including:

· When you allow us to share your personal information with another company, such as:

o Electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services; and

o Directing us to share your personal information with third-party sites or platforms, such as social networking sites.

· Please note that once we share your personal information with another company, the information received by the other company is controlled by that company and becomes subject to the other company’s privacy practices.

· When we cooperate with financial institutions to offer co-branded products or services to you, such as our co-branded Disney Rewards Visa Card; however, we will do so only if permitted by applicable law and, in these cases, the financial institutions are prohibited from using your personal information for purposes other than those related to the co-branded products or services;

· When companies perform services on our behalf, including without limitation management, development, package delivery, marketing and advertising, customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law; and

· When we share your personal information with third parties in connection with the sale of a business, to enforce our Terms and Conditions or rules, to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process, or in other cases if we believe in good faith that disclosure is required by law.

YOUR CONTROLS AND CHOICES

We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with applicable law, your controls and choices may include:

  • Correcting, updating, and deleting your registration account;

· Choosing or changing your choices for subscriptions, newsletters, and alerts;

· Choosing whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you;

· Choosing whether we share your personal information with other companies, so they can send you offers and promotions about their products and services;

· Controlling targeted advertising from many ad networks and partners; data exchanges; and marketing analytics and digital advertising and marketing service providers (by visiting the Digital Advertising Alliance );

· Choosing to control targeted advertising you receive within applications by using the settings and choices made available to you through your device(s), for example, by re-setting your device’s advertising identifier and/or opting out of interest based ads;

· Requesting removal of your personal information from a public forum on one of our sites or application; and

· Requesting access to the personal information we hold about you and that we amend or delete it.

You may exercise these controls and choices in by contacting marketingme@startv.com, following instructions provided in communications sent to you, or by using your device or other available settings (for example, by re-setting your device’s advertising identifier and/or opting out of interest based ads). You can opt out of interest based ads by visiting the Digital Advertising Alliance or European Interactive Digital Advertising Alliance or using the opt-out mechanism in the “Interest Based Ads” link in the footer of the site you are visiting.

Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate. If you have questions about the specific personal information about you that we process or retain, and your rights regarding that personal information, please contact marketingme@startv.com.

CHILDREN'S PRIVACY

We recognize the need to provide further privacy protections with respect to personal information we may collect from children on our sites and applications. Do note that this section does not in any way amend or supersede the age limit that may be specified in any associated Terms and Conditions. Some of the features on our sites and applications are age-gated so that they are not available for use by children, and we do not knowingly collect personal information from children in connection with those features. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:

· Notifying parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;

· In accordance with applicable law, and our practices, obtaining consent from parents for the collection of personal information from their children, or for sending information about our products and services directly to their children;

· Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity; and

· Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.

DATA SECURITY, INTEGRITY, AND RETENTION

The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative, and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use, and modification. We review our security procedures from time to time to consider appropriate new technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your personal information for the length of time needed to fulfil the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

DATA TRANSFERS, STORAGE, AND PROCESSING GLOBALLY

We operate globally and may transfer your personal information to individual companies of The Walt Disney Family of Companies or third parties in locations around the world for the purposes described in this privacy policy. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. Additionally, when using or disclosing personal information transferred from the European Union, we use standard contractual clauses approved by the European Commission, adopt other means under European Union law for ensuring adequate safeguards, or obtain your consent. We also apply the substantive requirements of standard contractual clauses when transferring personal information from Australia.

CHANGES TO THIS PRIVACY POLICY

From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our sites and applications, or by other means, consistent with applicable law.

COMMENTS AND QUESTIONS

If you have a comment or question about this privacy policy, please contact marketingme@startv.com.

DEFINITIONS

Definitions

COOKIES POLICY

Cookies may involve the transmission of information from us to you and from you directly to us, to another party on our behalf, or to another party in accordance with its privacy policy.

LEARN MORE

COOKIES POLICY

Virtual Audience Engagement in Super Singer

Terms & Conditions

The following Principal and General terms and conditions (“Terms and Conditions”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the activity being launched for encouraging audience participation in their program tentatively titled Super Singer (“Program”) being telecast on their channel viz, Star Jalsha (“Activity”) which will be hosted by Star India Private Limited (“Company” / “STAR”) through e-mails.

The Activity shall be governed by the Terms and Conditions and all the Participants in the Activity 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 and Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms and Conditions will disqualify you from participating in the Activity. The decisions of the Company for all matters relating to the Activity shall be final and binding in all respects.

The Participant agree and acknowledge that for the purpose of this Activity, the Company may access to the personal information of the Participant including the contact number, email ID, etc. (“Personal Information”). In this regard, the Company shall ensure that the Company shall (i) maintain strict confidentiality of the Personal Information so accessed and (ii) use, disclose, process, retain or transfer the Personal Information only to perform its obligations in accordance with the applicable laws.

These Terms and Conditions, 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/#contest-tandc (“Website”). By proceeding further, you 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. STAR reserves the right to revise these Terms and Conditions at any time without prior notice to the Participant. The revised Terms and Conditions, if applicable, will be effective immediately upon uploading the same on the Website, unless otherwise mentioned.

Your act of participating in the Activity shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of Company 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 Principal or General Terms or the Privacy Policy or Terms of Use or User Generated Content will disqualify your participation in the Activity. The Activity shall be governed by the Terms and Conditions and all the Participants in the Activity shall unconditionally accept and agree to comply with and abide by the same.

Principal Terms

1. The Company shall announce and publicize the Activity / Activity on their television channels and Social Media Pages

2. The Activity will commence on July 28, 2020 at 12:00 hrs Indian Standard Time (IST) and will continue till end of the current season of the Program (“Activity Period”). Company reserves all rights to make amendments to the Activity Period and/or Terms and Conditions and/or such other terms and conditions stated herein, without giving prior notice to the Participants. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Activity on the Website from time to time. Company also reserves the right to (i) cancel and/or postpone the Activity without any prior intimation to the Participants or (ii) extend or curtail the Activity Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same.

3. To participate in the Activity, all persons interested in participating (Participants) shall be mandatorily required to do the following during the Period:

a. The Participant(s) shall record a video in MP4/.MOV format featuring their reactions with a gesture of clapping and cheering for their favourite contestants during their performance in the Program having a maximum file size of 10 MB (“Video”).

b. Send the Videos from their own valid e-mail ID to the designated e-mail ID of the Company ie, supersinger@startv.com, along with the details viz, name of the Participant, age, and location, contact number along with a message / write-up (with a maximum of 1000 words) expressing their love, passion and affinity towards the Program and why they like the Program, in the manner as set out herein and; the receipt of the Videos by the Company along with the required details within the specified timelines shall be considered as a complete and valid entry (“Entry”).

c. Participants are supposed to send only one Entry per week through their email id, during the Activity Period. In case of Participants submitting more than one Entry through the same e-mail id or different e-mail ids, in a week, only the first Entry received from such Participant during that week will be considered as a valid Entry for that week.

d. For the avoidance of doubt, if the Participant(s) sending the videos shot in any other format other than that prescribed or having an unclear audio or video will be deemed invalid and will be disqualified. The Participant (s) agrees and acknowledges that by submitting the Entry(s) the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information. It is further clarified that the Participant(s) cannot make (a) offensive / abusive videos (c) re-sending the same Entry more than once (i.e., sending the same video many number of times (d) videos which do not make any sense (irrelevant to the context and /or the Activity). Any Entry comprising of such videos shall be considered null and void.

e. Participant should be 18 years or above in order to participate in this activity. Entry of any minor will be treated as invalid entry.

f. The Participant hereby represents, covenants and declares that (i) the Video is original and is performed by the Participant (ii) the Video 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 (iii) that he/she fully owns and controls all rights and interests including all intellectual property rights in the Video(s) and that no other person or party has right or interest in the Video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Video(s) shall not expose STAR to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Video(s) are not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Video(s) to the prejudice of any rights granted to STAR hereunder (vii) the Video(s) are not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Video(s) by STAR for the purpose of the Activity have been secured by the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to STAR In the event the publishing of the Video(s) 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, the respective Platforms and/or STAR shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Video(s) or reject the Video(s) altogether, and the Participant agrees not to object to the same. The Participant(s) 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 the Video .

g. The Participant agrees and undertakes that the Video submitted by him/her for the purpose of the Activity is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.

h. STAR 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 Entry/Video and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate Personal Information, Video(s) not in the required format as prescribed herein or which consist of content which is offensive or abusive or blasphemous or copied will be considered invalid, shall be considered null and void and will be disqualified from participating in the Activity.

i. At the end of each and every corresponding week during the Activity Period, STAR will shortlist Videos of the Participant(s) having made a valid Entry, all the Video(s) received by STAR during the corresponding week , on the basis of the Video / Entry fulfilling the criteria set out herein shall be viewed and rated by a panel comprising of the representatives of STAR as determined by STAR in its sole discretion and . This panel shall rate the Video(s) on the basis of certain pre-defined criteria viz, personality, screen presence, interactive skills uniqueness, talent and creativity of the Participant and /or any such other criteria as may be solely determined by STAR at its sole discretion. STAR will include such shortlisted videos in the episodes of the Program at their own discretion.

j. Such Participant(s) agrees and consents to the use by STAR of the Video forming part of the Entry on the Program or channels owned and operated by STAR and /or its affiliates or in any manner as STAR may deem fit for the purpose of promotion of the Activity. Towards this effect and in consideration of being afforded an opportunity to participate in the Activity , the Participant(s) hereby assigns in favour of STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis, all Intellectual Property vested in the in the Entries including the Videos forming part of it, to Exploit the Videos in any manner deemed fit by STAR at its discretion including but not limited to any other social media platform page of STAR, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Activity, as deemed fit by STAR. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s) waives off his “Moral Rights” with respect to the Video or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Video uploaded and submitted by the Participant(s) in any manner whatsoever. The Participant(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or the Video at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Video and /or Entry including the modified videos in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Video in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Video including rights in any form of intellectual property and rights in any form of exploitation will be owned by STAR throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Video and /or Entry and /or modified video by STAR or any third party authorized by STAR, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ 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.

k. For the purposes of this Activity, “Exploitation” shall mean 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 Video(s) 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.

4. The Participants shall not in any circumstances make any claims against STAR 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) participation or non-participation in the Activity or any related activity. If the Participant 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.

5. The Participants shall at all times comply with all applicable laws

6. By entering the Activity, each Participant(s) acknowledges and agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Activity (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.

7. STAR reserves the right to disqualify any Participant(s) from participating in the Activity 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 from time to time. STAR reserves the absolute right and discretion to reject any “Entry” or any part thereof at any stage of the Activity:

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 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 in this regard shall be final and binding upon the Participant(s).

8. In consideration of the participation in the Activity, Participants hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry, during or pursuant to the Activity, 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. To the extent, the above assignment is not held valid by operation of law, the Participant(s) in consideration of participating in the Activity, hereby also grants an exclusive, perpetual, sub licensable license to STAR for use in the entire world in any media and form as STAR may deem fit, of the texts, Entry or any parts thereof submitted during the Activity to STAR 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) waives any so-called moral rights in the Entry.

General Terms

1. In the event of any fault, misunderstanding or dispute concerning any part of the Activity the decision of STAR shall be final.

2. The entry process is strictly open to Participant(s) residing in India only during the Period of the Activity and of the age of 18 (eighteen) years and above only. The Participant (s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity.

3. Proof of age, if requested, of the Participant(s) in the Entry must be submitted to STAR (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by STAR confirm the eligibility of the Participant(s). STAR 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(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 in relation to the Activity.

5. Participant(s), 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:

6. Each Participant(s) consent to the use of information submitted by the Participants, including the Entry for the purpose as set out in these Terms and Conditions.

a. The Participant 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 STAR pursuant to the Terms and Conditions, in connection with this Activity and it is necessary for STAR to collect the Personal Information for the Activity and the uses set out below in (d) below.

d. The Personal Information will be used for the Activity, in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by STAR, in respect of the Activity on the channel(s) owned by STAR and/or their Social Media Pages including 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 STAR with the Panel, Judges and the public at large, in connection with the Activity.

f. The Company has informed the Participant 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 the Participant’s Entry to the Activity, as deemed fit and necessary by the Company at its sole discretion.

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

7. STAR reserves the right to cancel and/or postpone the Activity without assigning any reasons and/or without giving any prior intimation to the Participant (s).

8. 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 will disqualify the votes received from that Participant.

9. STAR shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to e-mail delivery, 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.

10. In case of any telecom and /or network failure and /or technical failure /breakdown on the e-mail and /or technical failure in submitting the Entry(s) to the Activity and/or for any reasons whatsoever, STAR reserves the right to at its sole discretion to change the mechanism for submitting the Entry(s) and /or cease from accepting Entry(s) of the Participants in any manner it may deem fit and necessary. In such events, STAR shall be entitled to exercise the option of putting the Activity in abeyance, as it may deemed fit at its discretion. In addition STAR shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the mechanism for submitting the Entry(s)including without limitation system/failure of receiving Entries via e-mail 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 .

11. Participant(s) shall not in any circumstances make any claims against STAR, 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 Activity.

12. STAR shall not be responsible for any Entries submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

13. The Participant(s) of the Activity 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 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. The Participant(s) agrees that the footage of any nature with regard to the Participant(s) from such Promotional Activity and any recording thereof 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 in any media whatsoever at any time throughout the world.

14. The Participant(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR into public disrepute or denigrate any of the preceding or offend any community or public morals and in all public appearances the Participant shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Activity.

15. 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 Prize in any manner whatsoever to the extent permissible under law.

16. Each Participant in consideration of being given opportunity to participate in the Activity , agrees that the Participant shall hold harmless and indemnify the Channel, STAR,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, in any manner whatsoever in connection with the Activity, the mechanism and/or any material submitted forming part of the Entry and/or any personal information submitted by the Participant 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.

17. STAR 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) in any manner whatsoever, in relation to the Activity.

18. Each Participant in consideration of being given opportunity to participate in the Activity, agrees to hold harmless and indemnify STAR , 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 in connection with any act of the Participant(s)/Participant(s) Entry and/or the Activity and/or Content including any third party rights claims with respect to the material submitted by the Participant(s).

19. Each Participant(s) hereby acknowledges and agrees that the relationship between the Participant and STAR and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.

20. The Participant(s) acknowledge 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 15 (fifteen) days, then STAR shall be at liberty and upon their sole discretion to terminate any such participation of a Participant(s) forthwith and such decision shall be final and binding.

21. 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.

22. Participant acknowledges that Participant’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.

23. The Participant(s) shall comply with the laws of India.

24. 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 Activity 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 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 who has raised the dispute.

25. Subject to the provision of 24 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.

Superstar Paribaar

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 “SUPERSTAR PORIBAR” (“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/#contest-tandc (“Website”). By proceeding further You 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. STAR India will have access to and collect information and data shared by the Participant including Participant’s personal information for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant 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 https://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at https://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

Notwithstanding anything to the contrary, each participating couple, i.e. the husband and the wife shall be eligible to participate in the Auditions only if the woman is 18 years old or above and the man is 21 years old or above and the couple are married to each other. By participating in the Auditions, it is deemed that the Participant 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 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 . If the Participant does not agree to be bound or cannot comply with any of the Terms and Conditions, the Participant should 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

Digital Auditions” means Level 1, Level 2 and any different levels (as introduced by the Company at its sole discretion) of the selection process of the Auditions as detailed herein, to be conducted inter alia either telephonically or via video conference using any social media platform including but not limited to Google Duo, Whatsapp video etc, (“Video Conference”) or at the Audition Center(s) 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 July 26, 2020 and concluding at the end of the season (both dates inclusive) for participation in the Digital Auditions or any such period, as stipulated and/or 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.

On GroundAudition(s)” means different levels comprising of Level 3 of the selection process of the Auditions as detailed hereunder, to be conducted / determined at the option and discretion by the Company at its sole discretion inter alia at the Audition Center(s) during the On-ground Auditions Period, which the Participant(s) is required to qualify to participate in further Levels (if applicable) and for participating in the Program.

“Audition(s) ” shall mean and comprise of both the Digital Auditions and the On Ground Auditions 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.

On-GroundAudition Period” in respect of auditions at Level 3 shall mean the period stipulated and /or updated by the Company at its discretion and communicated by the Company from time to time to the Participant(s) by any mode .

Audition Centre” shall mean (i) any tentative locations in the city of Kolkata where at the discretion of the Company, the Participants shortlisted at Level 1&2 need to make themselves available for Level 3 of the Auditions, as per the selection procedure.

Audition Period” shall collectively mean the Digital Auditions Period and the On-Ground Audition Period.

 

 

Company/Star India” means STAR India Private Limited.

Contestant(s)/Participant(s)” shall means all married couple participants where the woman is at least 18 years old or above and the man is at least 21 years old or above; for the purposes of Level 1 of the Auditions. For the purposes of Level 3 of the Auditions, all person(s) belonging to the families of such married couple participants, subject to the terms and conditions hereunder, shall be eligible to participate in the Auditions. All participants have to be Indian citizens and residents of India in order to be eligible to participate 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, 2, 3 and any additional levels of selection as introduced by the Company at its discretion ,. The term “Level” shall be construed accordingly to refer to anyone (1) particular level of the Auditions as signified by the corresponding number.

Program” means the Show(s) which shall be tentatively titled “SUPERSTAR PORIBAR”.

“Production House” meansDouble Half.(please insert the full name)

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

Show Player(s)” means the final selected Contestant(s) who are selected through the process of the Audition(s) as enumerated below to participate in the Program.

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/ Materials ” shall mean and include Entries.,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 Digital Auditions are an integral part of the Program. The Digital Auditions will be conducted during the Digital Auditions Period, during which the Participants shall have to send in their Entries (as defined below) to the designated the email id – ssp@startv.com (“Designated Email ID”) through any device including but not limited to laptops, desktops, mobile phones, handheld devices, communication devices and tablets.

2. Sharing Personal Information

· To register and to participate in the Digital Auditions, the interested Participant (s) shall submit (i) A family photo in ___ format _______comprising of him / her , husband, wife and at least two other members of the family who shall participate with them on the Program, (ii) a detailed write up describing in words not exceeding 1000 characters , the reasons why they think his / her family is as a Superstar Family and why thet are qualified to participate in the Program (hereinafter collectively referred to as “Photo(s)”) to the Designated Email ID along with the following personal details including but not limited to full name, gender, age, , email ID, contact number(s), the name of their country/state/city where they reside, 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.

i. Once the Participant(s) has shared the Photo on the Designated Email ID, the same shall be reviewed by the Production House, its creative teams, and such other persons as determined by the Channel at its sole discretion. For the sake of clarity, the Company is not obligated to revert to or respond to any Participate with the results of the selection process and the Company is not bound by any timeline is relation to the same.

ii. If at any point of time the Company finds that the email ID or any other information shared by the Participant 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.

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

iv. The Participant(s) by sharing the Photo on the Designated Email ID, hereby represents, covenants and declares that – (i) the Materials are original, 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 Materials , such material and all rights therein and that no other person or party has right or interest in the Materials as a co-owner, partner, mortgagee, charge holder or otherwise howsoever; (ii) the Materials shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever; (iii) the Materials is/are not subject to any lien, charge, or any other encumbrance whatsoever (iv) the Participant(s)) has not/have not granted any rights in the Materials to the prejudice of any rights granted to the Company hereunder; (v) the Materials is/are not in contravention of any applicable laws; (vi) all necessary licenses and permissions required for the utilization of the Materials including the Photos for the purpose of the Auditions have been secured by the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to Star. The Participant(s) 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 inany of the Materials.

(vii) The Participant further agrees and confirms that the Company is entitled to reject any Entry (defined below) of the Participant for any reason at its sole discretion including 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.

(viii) The Participant(s)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 any Entry that —

a. belong 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; impersonates another person;

g. 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.;

h. 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. For avoidance of doubt, Participant agrees that STAR has the right to remove any such Material/Entry/ Video(s) which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.

For purposes of the Auditions, sending the Photo along with the caption on the Designated Email ID, furnishing the Personal Information in the mode and manner as prescribed by the Company, through a particular email ID that belongs to the Participant, shall be considered as a complete and valid entry (“Entry” or “Entries”).For the avoidance of doubt, if the Participant(s) provides incorrect Personal Information or fails to furnish Personal Information in the manner prescribed by the Company, 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 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 facilitate the same. Any incomplete Entry and/or Entries with incorrect format, broken/bad web link, inadequate Personal Information, invalid email ID, or which consist of content, which contains any of the elements specified in sub-clause (viii) above, will be considered invalid, shall be considered null and void and will be disqualified from participating in the Auditions.

Entries received after the Digital Auditions 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 to ensure that the Entry is submitted correctly after following the due procedure specified by the Company hereunder and in accordance with the Terms and Conditions prescribed herein.

The Participant agrees, acknowledges and understands that Level 2 of the Digital Auditions may be conducted via Video Conference on any social connecting platform as determined by the Company including but not limited to Google duo, Whatsapp video call etc. The Participant accepts any terms and conditions imposed by such platforms on which Video Conference is conducted. The Participant recognizes and accepts the risks associated with communicating by Video Conference and agrees that he/she shall not hold the Company liable for any loss of any information, act or omission including for loss of sensitive and personal information and data of the Participant by such platform.

 

3. 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 Participan