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

"I Support Bharat Ki Laadli Campaign" Contest | Rumm Pum Pumm Contest | Abu Dhabi T10 Contest | Star Maa Music Reels Contest | Kites Kaka Paata Tho Aata Contest | Teri Laadli Main - Promo Reaction | Family Cook Off Season 2 | Star Asianet Middle East | Terms Of Use One R&R App | 2020 Blockbuster Offer | DANCE DANCE JUNIOR-SEASON-2 | National Geographic India Terms of Use – Social Media Reposts | ‘ON DEMAND+’ Poll activity | NGC - Postcards From Punjab Contest | DANCEE PLUS | 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

"I Support Bharat Ki Laadli Campaign" Contest

Terms & Conditions

The following are the terms and conditions governing the “I Support Bharat Ki Laadli Campaign” activity (“Contest”) hosted by Star India Private Limited(“Star India”) for the promotion of the program “Teri Laadli Main” aired on Star Bharat SD and HD (“ Channel”). The promotion of the Contest will take place across several platforms. The Contest shall be held on Star Bharat Instagram profile at the URL https://www.instagram.com/starbharat/ (“Instagram Page ”) bearing the handle @starbharat (“Instagram Handle”) and Star Bharat Facebook profile at the URL https://www.facebook.com/StarBharat (“Facebook Page”) with the @starbharat handle (“Facebook Handle”).

The Facebook Page and Instagram Page are 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 using the caption“I Support #BharatKiLaadli” (“Caption”) and tagging the Facebook Handle/Instagram Handle (as the case maybe) and following all required mandates herein below for the Contest Period ( as defined below).

The Contest shall commence at 8:00 pm IST on January 24, 2021 and end at 11:00 pm IST on January 25, 2021 (“Contest Period/Period”).

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

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

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

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 Contest 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 Contest.

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 Contest.

iv. All Participant(s) must have a valid Instagram and/or Facebook (as applicable) account 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 an Instagram/Facebook 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. Contest Mechanism

i. Star India invites all the interested Participants to review the post shared by Star India during the Contest Period on its Social Platform which will request the Participants to post photographs of themselves holding a placard/sign saying “I Support Bharat Ki Laadli” (“ Contest Post”) and respond by posting an original image in high resolution of themselves on their own Instagram handle and/or Facebook handle with the Caption and tagging the Instagram Handle/Facebook Handle, as applicable (“Entry/ Entries”). For sake of clarity, any videos, GIFs etc. shared by the Participants for the purposes of this Contest shall not be considered as Entries.

ii. Entries submitted without tagging the Instagram Handle/Facebook Handle (as applicable) and/or without using the Caption, 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 own Instagram and/or Facebook pages shall be considered by Star India for the purposes of this Contest.

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

iv. 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.

v. 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;

vi. 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.

vii. 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.

viii. Each Participant shall follow the terms of use for Instagram and/or Facebook (as applicable). Failure to comply with the same shall render the Participant(s) Entry invalid.

ix. The Participant(s) agree that the Participant(s) shall not post/share any image(s) of: (a) themselves along any other person or (b) any other person including any person below 18 years of age as part of any Entry for this Contest. The Participant(s) agree and acknowledge that Star India reserves the right to disqualify any Entry containing image(s) of any other person from the Contest.

3. Winners and Repost:

All Entries shared by the Participants that are compliant with the requirements set out in paragraph 1 and 2 of the Principle Rules of these Terms and Conditions shall be reviewed and top 50 (fifty) Entries shall be shortlisted by Star India. Such shortlisted Entries/Participants shall be eligible to win the Contest (“Winners/Winning Entries”) and Star India may repost/share the Winning Entries as Instagram and/or Facebook stories on the Social Platform anytime during the Contest Period (“Repost”). For avoidance of doubt, Winners shall be selected on the basis of interalia quality of the photograph, relevance of photograph to the message of the Contest and as per such criteria as decided by Star India at its sole discretion.

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

5. 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 Instagram and/or Facebook will make such Participant’s Entry(ies) null and void.

6. 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 (defined below) in favour of Star India for Star India’s exploitation on its Social Platform. 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.

7. 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, 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 Contest.

8. The Participant(s) hereby allows the face, image, biographical data, name, signature, voice, photographs of the Participant(s) as appearing in the Entries (‘Likeness’) to appear on and be used in connection with the Contest, 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.

9. 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.

10. 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 of Social Platform. It is further clarified that Instagram and/or Facebook reserves the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star 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 Instagram and/or Facebook shall be resolved directly with Instagram and/or Facebook (as applicable), 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 INSTAGRAM/FACEBOOK.

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 Instagram and/or Facebook (as applicable) 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 Instagram/Facebook). 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 Instagram and/or Facebook (as applicable).

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 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 the Repost, if Star India:

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

b. determines at its sole discretion that the Entry inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Star India.

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

20. The Participant(s) 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 Contest”) 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 Contest 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 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.

22. The Participant will be solely responsible for complying with the terms stipulated by Social Platform 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 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.

25. 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.

26. The Participant(s) acknowledges that in case the performance of this Contest 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 Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute with regard to the Contest and/or the Repost and/or any decision of Star India, in any manner whatsoever.

28. 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.

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 Contest 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 Contest; 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 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, 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 Contest 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 Contest, you can write to Star.bharat@startv.com. Star India shall endeavour to reply to the same within a reasonable time.

Rumm Pum Pumm 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 digital interactive contest titled “RUMM PUM PUMM Contest” (‘Contest’) which will be hosted by Star India Private Limited. (“Star / Company”) for the purpose of promotion and viewer engagement of its channel‘Star Maa Music’ (“Channel”) and its programs (“Star Maa Music Programs”).

The Contest will be conducted on the Channel and “Facebook live page’ during the song based Program “RUMM PUM PUMM” consisting of 12 to 14 songs of Telugu feature films/albums (Program) to be aired during all the weekdays (Monday to Sunday) tentatively between 10.00 hours & 11.00 hours Indian Standard Time (IST), which may be changed by the Company from time to time at its sole discretion. You can access/view these terms at the following startv.com (‘Website’)

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 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, 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 from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). STAR is committed to protecting the privacy and the confidentiality of the Personal Information received. STAR 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 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 STAR 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 2

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. STAR shall announce and market the Contest on its social media platforms/pages of the Channel on Facebook and Instagram.

2. The Contest will commence on January 18, 2021at 10:00 hours Indian Standard Time (IST) and will end on April 30, 2021 at 11.00 hours IST (“ Period/ Contest Period”) on the ‘channel and/or the Facebook live page’ (Platform). STAR 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 Website/Platform from time to time. STAR 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 answer the puzzles as detailed below:

• • The Contest shall comprise of different puzzles with regard to Telugu feature films, which will be triggered on the TV screen & Facebook live page during telecast of each song and the Participant need to identify the correct answers and comment their answers on the Facebook live page before completion of the song. (The detail of different types of Puzzles are as follows.

Puzzle 1:

Three images of a particular movie will be triggered on the TV screen & Facebook live page and the Participant need to identify the movie name and comment the movie name on the Facebook live page. (Magadheera) 3

Puzzle 2:

Three names with missing letters of Hero, Heroin and Movie are displayed on TV screen and the Participant need to fill the missing letters and comment hero, heroin & movie name on the facebook live. (Kajal, Ram Charan Tej, Magadheera)

(a) K _ _ A _ (b) R _ _ CH _ _ A _ _ E _ (c) M _ _ A _ _ E _ R A

Puzzle 3:

First Alphabet of Hero, Heroin and Movie name with a hint will be displayed on TV and the Participant need to comment the hero, heroin & movie name on the Facebook live. (Ram Charan Tej, Kajal, Magadheera)

(a) R___________ (b) K___________ (c) M___________

Hint: Bangaru Kodi Petta.

4. Specific format of the Puzzle will be used in each episode and one Puzzle will be used for each song. The Puzzle will be changed in every prospective episodes of the Program, at absolute discretion of STAR.

5. 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 Puzzle asked on the channel and Facebook page facebook.com/starmaamusic in the following manner, by sending Facebook message in English/Telugu language by sending their answer to the same Facebook page facebook.com/starmaamusic on the same day between 10.00 hours and 11.00 hours (“Answers”);

• • Participant shall log on to his Facebook page, which navigates to Star Maa Music Page

• • ‘RUMM PUM PUMM’ Contest post shall be pinned on to the top

• • Participant shall comment on the post with the answer.

6. The Answer sent by the Participant(s) will be deemed to be received when the Participant receives a return message from “STAR”, “Congratulations, thank you for participating” and the winner/s will receive a message “Congratulations, thank you for participating - you have won a gift coupons of “XXXXXX”.

7. It is clarified that the Participant shall be required to provide the correct Answer to the Puzzle to qualify, to win the Prize. Answers having incorrect keywords or wrong answers shall be considered invalid and shall not qualify for the Contest.

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8. It is further clarified that if the Participant(s) provides an incorrect answer to the Puzzle, then his/her entry for such Puzzle shall be considered incomplete and the Participant shall not be eligible for Prize. Answer sent by the Participant after the Contest Period will be deemed invalid and entry of such Participant will be disqualified.

9. A Participant may participate any number of times during the Contest Period using the same Facebook account. It is further clarified that only the first entry submitted by the Participant shall be considered as the single and final entry for each song. Multiple entries for each song by the Participant during the Contest Period shall be considered as null and void. This shall be final and binding upon the Participants under these Terms & conditions.

10. For purposes of this Contest, “receipt” of Answer occurs when the Facebook account of STAR Maa records the Answer upon the Participant(s) sending the Answer and the Participant(s) receives a thank you message (“Entry”). Any automated receipt confirmation does not constitute proof of actual receipt.

11. For the purposes of participating in this Contest, sending their Answer during the Contest Period by the Participant(s) shall be considered as a complete and valid Entry. For the avoidance of doubt, by submitting the Answer the Participant(s) is representing that the Answer or contents thereof are not confidential or comprise any sensitive personal information.

12. If any costs are incurred by the Participant to participate in the Contest through Facebook shall be solely borne by the Participant without any recourse to STAR in the manner as set out herein below.

i (i) For the purposes of this Contest, Participant(s) who are the account holders of Facebook shall be able to participate in the Contest.

i (ii) Entries sent after the Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by STAR.

13. It is further mandatory that the Facebook account through which the Participant participates in the Contest is duly registered in his/her name.

14. Winner Selection and Gratification: a. One (1) winner for each song, on the basis of having made a valid Entry and he/she sending the correct Answer in the manner as stated hereinabove shall be shortlisted by STAR. STAR will select first three (3) names who answers correctly and put those three (3) names on the Randomizer and out of the same the Randomizer will select one winner (“Winner”). The Winners will be gratified with one e-coupon worth of Rs.100 to Rs.300/- sponsored by different sponsors the Company and the same will be declared on facebook.com/starmaamusic from

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time to time and value of the same will be changed from time to time at the sole discretion of STAR (“Prize”)..

b. The Winner will be announced on the facebook.com/starmaamusic after completion of each episode of the Program within 24 hours from completion of each episode and the prize shall be delivered within 7 days from the date of the Contest through facebook.com/starmaamusic or as deemed fit by STAR.

c. Winner(s) will be contacted by STAR on the registered Facebook account of the Winner(s) from which the Entry was sent for the Contest. In the event the e-coupon sent by STAR is not delivered to the Winner’s registered Facebook account due to any technical reasons including but not limited to network problem, suspension of the account, blocked by concerned authorities or for any other reason and /or the Winner is found to be in breach of any of terms of these Terms & Conditions and /or fails to submit or provide the necessary details and /or documentation as may be required by STAR for availing the Prize and/or there is a discrepancy in the documents submitted the Winner, then the selection of that Winner(s) shall be invalidated and STAR at its sole discretion may select another Winner in the process specified above. For avoidance of doubt, such choice of Winners by STAR shall be final and binding. STAR shall not be responsible if the Winner(s) are not available at their registered Facebook account as part of sending the Entry/Answer and as a result of which the Winner(s) lose his/ her chance to be entitled to the Prize and such decision shall be final and binding.

d. If the Winner(s) refuses to accept the Prize awarded, STAR shall forfeit the Prize and shall be released from all obligations towards the Winner(s) in connection to the Prize. After forfeiting the Prize, STAR may be entitled to select and declare another Winner as it deems fit, and award the Prize, to such Winner(s) and such decision of STAR shall be final and binding on all Participants including the Winner(s) and Winners (s) undertake to not dispute the same.

e. The Participant(s)/Winner(s) agree that save and except the Prize stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). For avoidance of doubt it is clarified that STAR’s decision in regard to the selection and shortlisting 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 Prize. Only the Participant(s) having made a valid Entry and who are subsequently shortlisted as Winner(s) based on the criteria mentioned hereinabove by STAR at its discretion, shall be entitled to the Prize. Entry(s) sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

f. The Winner(s) shall not in any manner whatsoever be allowed to have any one impersonates him/her for availing the Prize. In the event it comes to the notice of STAR that any of the Winner(s) is indulging in such illegal activity, STAR shall

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forthwith rescind and invalidate the Prize awarded to such Winner(s), without further notice.

g. 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 of the Prize and/or loss or damage or any defect during transit or any problem in connection to the Prize.

15. The Participants shall in no event dispute and/or challenge the selection of the Winner. It is further clarified that in case of the selection and declaration of Winner(s), the decision of STAR and/or the Channel shall be final and binding on the Participant(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law.

16. The Participant(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) participation or non-participation in the Contest or any related activity. If the Participant is found to be ineligible, or if she has not complied with these Terms & conditions, their corresponding entries will be disqualified.

17. The Participant(s) shall at all times comply with the applicable laws, rules and regulations including the terms & conditions on which this Contest is hosted.

18. 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.

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

20. STAR 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 & 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(s)/Answer(s)” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if STAR receives any notice or complaint relating to the Answer not being compliant of the Terms & conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party; determines at its sole discretion that the Answer are 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

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manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

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

22. In consideration of the participation in the Contest, Participant/Winner(s) hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with 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. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/Winner(s) in consideration of participating in the Contest, 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 Contest 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)/Winner(s) waives any so-called moral rights in the Entry.

General Rules:

1. Employees of STAR 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 Telugu or English; are ineligible to participate in the Contest. In the event of any fault, STAR 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

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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. STAR 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. STAR 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 STAR.

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 Answer(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 Answer(s) and/or cease from accepting such Answer(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 Answer(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 Answer(s) will be disqualified.

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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 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.

11. STAR reserves the right to forfeit the Prize in the event it is found by STAR 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 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 Star Maa 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, 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 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 Star Maa 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.

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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, be responsible or liable for the same. For the sake of clarity, STAR 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, 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 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

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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, 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 Hyderabad, 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 Hyderabad, India.

Abu Dhabi T10 Contest

Terms & Conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for participation in the Abu Dhabi T10 Contest (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in the United Arab Emirates (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 https://www.startv.com/legal-terms-policies/#same 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 20th January 2021 at 12:00 a.m. and shall conclude on 30th January 2021 at 11:59 p.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 21 (twenty-one) 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:

 

Questions (which may be in any format) related to cricket and/or T10 (“ Questions”) shall be aired on Star Plus, Star Bharat, Star Gold and/or Asianet (“Channel(s)”); and/or uploaded on the Star Plus Facebook and Instagram pages and/or the Asianet Facebook page (collectively, the “ Social Media Pages”) available in the Territory. The content, format, frequency and timing of the Questions shall be at Star’s sole discretion.

1. To enter the Contest, Participants must watch the Channel(s) and 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 send an SMS to 7871 with the correct answer option (i.e. A/B/C) mentioned (“Entry”). Notwithstanding anything to the contrary contained herein, the question and/or answer format, and/or the Entry submission process may be changed by the Company at any time during the Contest Period without notice.

2. 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, only the first Entry shall be considered, and any subsequent Entry(ies) shall be considered null and void.

3. 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.

4. Participant(s) must enter the Contest on their own behalf only and Entry(ies) by proxies shall not be accepted.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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 (seven) days after the expiry of the Contest Period or as otherwise decided by the Company in its sole discretion, shortlist and contact ten (10) Participants (using a randomiser to select the winner from among all Participants who have answered the 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 7 (seven) days after the expiry of the Contest Period 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 one or more of the Winners 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. Each Winner shall be required to be available as required by the Company to receive a mini cricket bat autographed by a cricketer (as selected by the Company) (“Prize”). The Company may change the Prize at its sole discretion, without any obligation to notify the Participants of such change. The Company shall not be liable to any Winner(s) for any loss/damage to their person or property caused/incurred during the Winner’s receipt of the Prize and the Winner(s) shall keep the Company indemnified for any loss suffered as a result of the same.

6. 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.

7. 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.

8. 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.

9. 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.

10. The Company, the Company Entities and the Sponsors assume no responsibility and shall not be held liable for any infection, illness, diseases, damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize.

11. 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.

12. 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/#same (“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, disease, 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 (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.

Star Maa Music Reels Contest

RULES AND REGULATIONS

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” or “Participants”) who voluntarily agree to participate in the “Music Reels” (“Contest”) which will be hosted by Star India Private Limited (“STAR India/STAR ”) on STAR Maa Music Instagram profile i.e @ https://www.instagram.com/starmaamusicofficial/?igshid=68imwyvaoi3f (“ STAR Maa Music Instagram Handle”) on Instagram (referred as “Platform”) as a part of the promotion and viewer engagement of the program “Music Reels” (“Program”) on Star Maa Music channel (“ Channel”).

SIPL reserves the right to revise these Rules and Regulations at any time without prior notice to the Participant. The revised Rules and Regulations, 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 Rules and Regulations. 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 SIPL from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). SIPL is committed to protecting the privacy and the confidentiality of the Personal Information received. SIPL uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. SIPL can also access the Participants profile on Handle an/or on the Platform. Such information in dealt in the manner laid down in the Privacy Policy of SIPL 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 Rules and Regulations, Terms of Use, Privacy Policy and User Generated Content of SIPL 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 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 Rules and Regulations and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.

Principle Rules

1. STAR INDIA shall announce and market the Contest on its social media platforms/pages of STAR INDIA on Facebook, Twitter and Instagram or on such other platforms as deemed fit by STAR INDIA from 07th Jan, 2021 to 07th Jan, 2022.

2. The Contest will commence on 07th Jan 2021 at 18:00 hours Indian Standard Time (IST) and will end on 07th Jan 2022 at 19:00 hours IST (“ Period/Contest Period”) on the Platform. It is clarified that the Contest will remain open on weekly basis during the Contest Period, extending from every Monday to Sunday of that corresponding week between 06:00 IST until 24:00 IST (“Weekly Period”). STAR India reserves all rights to make amendments to the Period and/or Rules and Regulations 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 Rules and Regulations for the Contest on the Platform from time to time. STAR India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).

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

a. log in to the Platform using his/her Instagram account/credentials and click on the relevant page of the Contest on the Platform or in any other manner or form as may be prescribed /requested on the Platform.

b. Upon entering into the relevant page of the Contest on Platform, a list of Telugu songs available on Instagram reels music (drop down) shall be displayed (“Songs”). For avoidance it is clarified that these Songs shall be subject to refresh and change on a weekly basis during the respective Weekly Period.

c. The Participant should make/create Reel (as defined below) from the list of Songs available on the Platform and upload the same on his/her Instagram profile by using hashtag #starmaamusic (in the manner specified below).

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d. In the event the Participant selects and /or uses any song, other than the Songs displayed on the Platform during the Weekly Period in his / her Reel and /or selects one Song but uses another Song in his / her Reel, then SIPL has the sole right to disqualify such Entry / Reel from further participation in the Contest without any claim or protest from the Participant. It is further clarified that SIPL shall be free and entitled to extend or reduce this Weekly Period as it may deem fit without any objection from the Participants.

e. For the purpose of participating in this Contest, it is mandatory that the interested Participant (s) mandatorily have either a valid Instagram account and must be residing in India during the Period of the Contest.

f. Follow the Star Maa Music Instagram Handle on the Platform.

g. Allow full access to the Instagram handle of the Channel to the respective Participant’s profile.

h. The Participants shall then upload their Reels on the Platform(s) in the manner provided below:

i. Reel Upload Functionality:

i. The Participant(s) shall record, upload and/or submit one (1) Reel in his/her Instagram profile on the Platform by using the hashtag #starmaamusic in MP 4 format featuring any performance by him /her on any one(1) Song as displayed on the Platform during the respective Weekly Period. Each Reel shall comprise of a minimum duration of 15 (fifteen) seconds and maximum duration of 45 (forty five) seconds which may comprise of an individual or a group performance on Instagram (“ Reel(s)”).

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

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

Instagram - The Participant shall upload the Reel of minimum duration of 15 (fifteen) seconds and a maximum duration of 45 (forty five) seconds on Instagram app or record the Reel directly on such app using the hashtag #Starmaamusic by tagging @Star Maa Music;

iv. The Reel shall be uploaded by the Participant afresh on the Platform and not through any third party links or applications such as YouTube, Dubsmash, etc.;

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

vi. For the purposes of this Contest and qualifying for gratification (as defined below) (i) Logging onto the Platform in the manner as stated hereinabove(ii) mandatorily having a valid Instagram account (iii) being a resident of India aged eighteen (18) years or above during the Period of the Contest (iv) mandatorily selecting a Song from the drop down list displayed during the respective Weekly Period and mandatorily uploading the Reel using the pre-selected Song only (as per the terms set out herein) on the Platform with the requisite hashtag #Starmaamusic and tagging @Star Maa Music (on Instagram) 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 Reel on the Platform with a different song not part of list of Songs displayed on the Platform during the corresponding Weekly Period and/or Contest Period without the pre- decided hash tag or if the Participant does not have a valid Instagram 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 Reel the Participant(s) is representing that the Entry(s) and /or Reel or contents thereof are not confidential or comprise any sensitive personal information.

vii. 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 weekly basis by visiting the Platform and checking them from time to time during the Weekly Period. For the purposes of participating in the Contest, submitting his / her Reel(s) / Entry ( as defined above) and being entitled for Gratification/ Prize (as defined below), the Participant shall be mandatorily required to select any 1 (one) of the Songs displayed on the Platform during the respective Weekly Period in the dropdown.

viii. It is further clarified that one Participant can upload any number of Reel(s) on the Platform during the respective Weekly Period from their Instagram account. If a Participant uploads multiple

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i Reels, the best Reel uploaded by the Participant shall be selected in the manner specified hereinbelow for the purpose of the Contest.

ii ix. A Participant is allowed to upload Reels only through his/her single Instagram account;

iii x. Only Entries submitted during the Contest Period shall be considered for the purpose of the Contest;

iv xi. The Participant agrees and acknowledges that by submitting the Entry and/or Reel in the manner prescribed above, he/she is unconditionally consenting the Exploitation of his/her Reel(s) by STAR as deemed fit by STAR. STAR shall have the sole and exclusive right to edit, alter, modify and/or use any Reels uploaded by the Participant on the Platform and shall be entitled to exploit the Reel and /or Entry including the modified Reels in any manner whatsoever.

v j. The Participant by uploading and /or submitting his/her Reel(s) on the Platform, agrees and undertakes to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Instagram, LLC and acknowledge that such Platform 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 STAR for any reason whatsoever. The Participant hereby agrees that any dispute arising between the Participant and the Platform shall be resolved directly between such parties without any reference or recourse to STAR. The Participant will be solely responsible for complying with the terms stipulated by Instagram, LLC, and shall not at any time hold STAR responsible for any inability on the part of the Participant to submit/ upload the Reel(s) by reason of any restrictive terms imposed by such Platform and/or on account of the Participant’s failure to comply with the terms imposed by the Platform.

k. The Participant hereby represents, covenants and declares that (i) the Reel is original and is performed by the Participant (ii) the Reel 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 Reel(s) and that no other person or party has right or interest in the Reel as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Reel(s) shall not expose STAR to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Reel(s) are not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Reel(s) to the prejudice of any rights granted to STAR hereunder (vii) the Reel(s) is not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Reel(s) by Star India 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 Reel(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 Platform and/or STAR shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Reel(s) or reject the Reel(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 Reel.

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

m. 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/Reel 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, Reel(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.

n. The Participant(s) agrees and consents to the use by STAR of the Reel forming part of the Entry on the Platforms, any other social media page of STAR or as STAR 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 STAR a non-exclusive, irrevocable,

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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 Reels forming part of it, to Exploit the Reels 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 Rules and Regulations and/or for any promotional purposes towards the Contest, as deemed fit by STAR. The Participant agree and acknowledge that the Channel / STAR INDIA shall have the sole and exclusive right to edit, alter, modify and/or us any Reels 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 any ancillary event related to the Contest and/or Program. 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 Reel or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Reel 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 Reel at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Reel and /or Entry including the modified Reels 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 Reel in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Reel 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 Reel and /or Entry and /or modified Reel 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 Reel(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 Reel 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.

o. During the Period, at the end of the respective Weekly Period on the basis of the Participant(s) having made a valid Entry, all the Reel(s) uploaded on the Platform and fulfilling the criteria set out herein shall be collectively viewed and rated by a panel comprising of the representatives of Star India as determined by Star India in its sole discretion. This panel shall rate the Reel(s) on the basis of the

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performance, grace, talent and creativity of the Participant and /or any such other criteria as may be solely determined by Star India/Channel at its sole discretion and accordingly shortlist Participants.

p. Out of these shortlisted Participants, STAR shall, based on the criterion mentioned hereinabove at its sole discretion, select and declare the 150 best Reels from the Reels uploaded by Partcipants. The Participants by whom Top 100 Reels are uploaded shall be collectively referred as the “Winners”. The Winners shall be entitled to gratification in the form of having their winning Entries/Reels telecast/broadcast on the Channel anytime during the subsequent Weekly Period and/or during the Contest Period daily (“ Prize/Gratification”):

4. The final selection of the Winner(s) 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)/Winner(s) dispute the decision made by STAR India 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 the Prize, the decision of STAR India 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 India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/Winner’s participation or non-participation in the Contest or any related activity. If the Participant/Winner is found to be ineligible, or if he or she has not complied with any of the Rules and Regulations 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 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.

8. 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 Rules and Regulations 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/Reel” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if STAR India: a. receives any notice or complaint relating to the Entry/ Reel 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 Reel 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 Reel or communicates any information which is grossly offensive or menacing in nature;

• • impersonates another person;

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• • 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 cognizable 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 India in this regard shall be final and binding upon the Participant(s)/Winner(s).

9. Neither STAR India 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 India 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 India, be responsible for the same.

12. Irrespective of whether the Participants have been disqualified and /or their Reels have not been shortlisted by the panel/jury of STAR India, STAR India shall continue to have the right to Exploit and /or publish the Reels submitted by the Participants on any channels and/or 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 India or its employees. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning shortlisting of Reels to qualify for the Contest, the decision of STAR India shall be final and binding.

General Rules

1. Employees of STAR India or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Telugu or English; are ineligible to participate in the Contest.

2. In the event of any fault, misunderstanding or dispute concerning any part of the Contest the decision of STAR India shall be final.

3. The entry process is strictly open to Participant(s) residing in India only during the 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.

4. Proof of age, if requested, of the Participant(s) in the Entry must be submitted to STAR India (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by STAR India confirm the eligibility of the Participant(s). STAR India also reserves the right to disqualify a Participant(s)/Winner(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.

5. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to the Contest.

6. Each Participant(s)/Winner(s) consents to the use of information submitted by the Participants)/Winner(s) including the Entry for the purpose as set out in these Rules and Regulations.

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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. The Winner(s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to availing the Prize herein.

9. In case a Participant is found to be in non-conformance of the Rules and Regulations, Terms of Use, User Generated Content, or Privacy Policy then STAR India will disqualify the Entry received from that Participant.

10. STAR India 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 STAR India.

11. In case of any telecom and /or network failure and /or technical failure /breakdown on the Platform and /or technical failure in submitting and /or providing/tweeting the Reel(s) and/or for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Platform and /or the mechanism for submitting the Reel(s) and /or cease from accepting such Reel(s) of the Participants in any manner it may deem fit and necessary. In such event, STAR India 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 India 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 Reel(s) including without limitation system/failure on the Platform of recording/receiving tweets or default /logging on the Platforms beyond the end time stated in these Rules and Regulations and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.

12. Participants must participate in the Contest voluntarily on their own behalf and through their own authorized Instagram account, as the case may be. Entry (ies) by proxy will not be accepted.

13. Participant(s) shall not in any circumstances make any claims against STAR India, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults in the network and /or connections or directly or indirectly due to, to their participation or non-participation in Contest. If the Participant (s) is found to be ineligible, or if they have not complied with these Rules and Regulations, the corresponding Reels will be disqualified.

14. The Winner(s) agrees to maintain complete confidentiality regarding their selection for the Prize/Gratification 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 India .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.

15. The Prize/Gratification cannot be transferred, negotiated, refunded or exchanged for money etc. For the sake of clarity, there shall be no other gratification.

16. STAR India shall not be responsible for any Entries/ Reel(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 STAR India has a reason to believe that any information provided including personal information by the Winner(s) is wrong, fraudulent or any misrepresentation is made by the Winner(s). 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 that 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 anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid

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(eg. cancellation/postponement of the event), 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 Rules and Regulations and hereby expressly disclaims all other warranties, expressed or implied.

20. The Winner(s) of the Contest, if required by Star India 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(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 India may exploit the same in any manner and in any media whatsoever at any time throughout the world.

21. 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 Program.

22. 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.

23. All and any incidental costs direct and/or indirect, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall STAR India, be responsible or liable for the same. For the sake of clarity, STAR India shall not be responsible to pay for any taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Prize and the same, if applicable, shall be solely borne by the Winner(s).

24. 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, and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/ Reel(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.

25. 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.

26. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify STAR India, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/ litigation/ injury/ damage/ harm/ loss suffered by STAR India in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest and/or Content including any third party rights claims with respect to the material submitted by the Participant(s).

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

28. 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 India shall be at liberty

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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.

29. Participant(s)/Winner acknowledges that in case any portion/clause of these Rules and Regulations 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 Rules and Regulations shall be valid and binding and of like effect as though such provision was not included herein.

30. Participant/Winner acknowledges that Participant’s/Winner’s representations, warranties, indemnities, grant of rights in the Reel, dispute mechanism and obligations shall survive the efflux of time and the termination of these Rules and Regulations.

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

32. The Rules and Regulations 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 India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Hyderabad 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.

33. Subject to the provision of the above clause 32, 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 Hyderabad, India.

Kites Kaka Paata Tho Aata Contest

Terms & Conditions

These rules for Contest (“Terms & conditions”) shall be binding on each viewer (“Viewer(s)”, “Your” and/or “You ”), in India (“Territory”) who voluntarily desire to participate in the digital interactive Contest titled“Kites Kaka Paata Tho Aata Contest” ( “Contest”), organized and conducted by Star India Private Limited (“ STAR India”) through Facebook , for the purpose of promotion and viewer engagement for the Program “ Kites Kaka Paata Tho Aata(Program) to be aired between January 4, 2021 and January 31, 2021 on the channel “Star Maa Music” (“Channel”).

Any information gathered through these Terms & Conditions available on facebook.com/starmaamusic (notes) shall be subject to our Privacy Policy available at http://www.startv.com/legal-terms-policies/ (“ Website”). If You do not agree to be bound or cannot comply with any of the Terms & conditions or the Privacy Policy, please do not continue. Your participation in the Contest shall be deemed as your acceptance to these Terms & conditions. Your act of participating in the Contest as detailed below shall be deemed to be Your absolute agreement to the Terms & conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time. The Contest shall be governed by the Principal Rules and General Rules stated herein below and all Viewer(s) as requested herein unconditionally accept and agree to comply with and abide by the same for participating in the Contest.

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 Facebook account and/or any information in relation to the participation of the Viewer(s) in the Contest gathered under or pursuant to this process by STAR India (if any). The Contest shall be governed by the Principal Rules and General Rules stated herein.

The Terms & conditions of the Contest and in relation to the Facebook mechanism as stated herein, is 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

The Contest will be held during the Contest Period (as defined below) and is open for participation by all Indian citizens, who are above the age of 18 (eighteen) years and must be a residing in India as mentioned under these Terms & conditions.

PRINCIPAL RULES

The following are the Principal Rules for the Contest conducted by STAR India for the promotion and viewer engagement of the Programs on the Channel:

1. STAR India will promote the Contest through on-air astons, bugs etc., on the Channel and Channel’s official digital/social media platforms or through any other manner as STAR India may deem fit, at its sole discretion, stating the mechanism in which the Viewers (s) can participate in the Contest.

2. The Contest shall be open in the Territory on January 4, 2021 at 5.00 PM hours Indian Standard Time (IST) and will conclude till January 31, 2020 at 11.59 PM IST (“Contest Period”). STAR India reserves all rights to make amendments to the Contest Period or such other terms & conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Viewer (s) to check the Terms & Conditions for the Contest on the Channel and /or the facebook page 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).

3. The Contest shall comprise of one general question for each song viz “Who is the Director this Film” which will be triggered on the screen of the Channel multiple times during the Contest Period between 05.00 p.m. & 06.00 p.m. during all the week days. (“Question”).

4. The interested Participants may at any time during the Contest Period chose to answer the Question and stand a chance to win the prize (defined below) in accordance with these Terms & Conditions.

5. 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 Question broadcasted on the Channel in the following manner, by sending Facebook Message in English/Telugu language by sending their answer to the facebook page facebook.com/starmaamusic during the Contest Period (“Answers”) ;

• • Viewer shall log on to his Facebook page, which navigates to Star Maa Music Page

• • ‘Kites Kaka Paata Tho Aata’ Contest post shall be pinned on to the top

• • Viewer shall comment on the post with the answer.

6. The Answer sent by the Viewer(s) will be deemed to be received when the Viewer receives a return message from “ STAR India”, “Congratulations, thank you for participating – you have won a gift coupon”.

7. It is clarified that the Participant shall be required to provide the correct Answer to the question to qualify, to win the Prize. Answers having incorrect keywords or wrong answers shall be considered invalid and shall not qualify for the Contest.

8. It is further clarified that if the Participant(s) provides an incorrect answer to the Question, then his/her entry for such Question shall be considered incomplete and the Participant shall not be eligible for Prize. Answer sent by the Participant after the Contest Period will be deemed invalid and entry of such Participant will be disqualified.

9. A Viewer may participate any number of times during the Contest Period using the same Facebook Account. It is further clarified that only the first Entry submitted by the Viewer shall be considered as the single and final entry for each song. Multiple entries for each song by the Participant during the Contest Period shall be considered as null and void. This shall be final and binding upon the Viewers / Participants under these Terms & conditions.

10. For purposes of this Contest, “receipt” of Answer occurs when the Facebook account of STAR Maa records the Answer upon the Viewer(s) sending the Answer and the Viewer(s) receives a thank you message (“Entry”). Any automated receipt confirmation does not constitute proof of actual receipt.

11. For the purposes of participating in this Contest, sending their Answer during the Contest Period by the Viewer(s) shall be considered as a complete and valid Entry. For the avoidance of doubt, by submitting the Answer the Viewer (s) is representing that the Answer or contents thereof are not confidential or comprise any sensitive personal information.

12. If any costs are incurred by the Viewer to participate in the Contest through Facebook shall be solely borne by the Viewer without any recourse to STAR India in the manner as set out herein below.

i (i) For the purposes of this Contest, Viewer(s) who are the account holders of Facebook shall be able to participate in the Contest.

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

13. It is further mandatory that the Facebook account through which the Viewer participates in the Contest is duly registered in his/her name.

14. Winner Selection and Gratification: a. 5 winners for each song, on the basis of having made a valid Entry and he/she sending the correct Answer in the manner as stated hereinabove shall be shortlisted by STAR India by way of random selection through Randomizer, at its sole discretion shall be declared as winner(s) (“Winner”). The Winners will be gratified with e-coupon of any of STAR India’s customers’ business outlet, at the discretion of STAR India and value of the same will be changed from time to time at the sole discretion of STAR India (“Prize”).

b. The Winner will be announced on the facebook.com/starmaamusic and/or Channel after completion of each episode of the Program within 24 hours from completion of each episode and the prize shall be delivered through facebook.com/starmaamusic or as deemed fit by STAR India.

c. Winner(s) will be contacted by STAR India on the registered Facebook account of the Winner(s) from which the Entry was sent for the Contest. In the event the e-coupon sent by STAR INDIA is not delivered to the Winner’s registered Facebook account due to any technical reasons including but not limited to network problem, suspension of the account, blocked by concerned authorities or for any other reason and /or the Winner is found to be in breach of any of terms of these Terms & Conditions and /or fails to submit or provide the necessary details and /or documentation as may be required by STAR INDIA for availing the Prize and/or there is a discrepancy in the documents submitted the Winner, then the selection of that Winner(s) shall be invalidated and STAR INDIA at its sole discretion may select another Winner in the process specified above. For avoidance of doubt, such choice of Winners by STAR INDIA shall be final and binding. STAR INDIA shall not be responsible if the Winner(s) are not available at their registered Facebook Account as part of sending the Entry/Answer and as a result of which the Winner(s) lose his/ her chance to be entitled to the Prize and such decision shall be final and binding.

d. If the Winner(s) refuses to accept the Prize awarded, STAR INDIA shall forfeit the Prize and shall be released from all obligations towards the Winner(s) in connection to the Prize. After forfeiting the Prize, STAR INDIA may be entitled to select and declare another Winner as it deems fit, and award the Prize, to such Winner(s) and such decision of STAR INDIA shall be final and binding on all Participants including the Winner(s) and Winners (s) undertake to not dispute the same.

e. The Participant(s)/Winner(s) agree that save and except the Prize stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). For avoidance of doubt it is clarified that STAR INDIA’s decision in regard to the selection and shortlisting 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 Prize. Only the Participant(s) having made a valid Entry and who are subsequently shortlisted as Winner(s) based on the criteria mentioned hereinabove by STAR India at its discretion, shall be entitled to the Prize. Entry(s) sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

f. The Winner(s) shall not in any manner whatsoever be allowed to have any one impersonates him/her for availing the Prize. In the event it comes to the notice of STAR INDIA that any of the Winner(s) is indulging in such illegal activity, STAR INDIA shall forthwith rescind and invalidate the Prize awarded to such Winner(s), without further notice.

g. 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 of the Prize and/or loss or damage or any defect during transit or any problem in connection to the Prize.

15. The Viewers shall in no event dispute and/or challenge the selection of the Winner. It is further clarified that in case of the selection and declaration of Winner(s), the decision of STAR India and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law.

16. The Viewer(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 Viewer (s) participation or non-participation in the Contest or any related activity. If the Viewer is found to be ineligible, or if she has not complied with these Terms & conditions, their corresponding entries will be disqualified.

17. The Viewer(s) shall at all times comply with the applicable laws, rules and regulations including the terms & conditions on which this Contest is hosted.

18. 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.

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

20. 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 & 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(s)/Answer(s)” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if STAR INDIA receives any notice or complaint relating to the Answer not being compliant of the Terms & conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party; determines at its sole discretion that the Answer are 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.

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

22. In consideration of the participation in the Contest, Participant/Winner(s) hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with 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. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/Winner(s) 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(s) waives any so-called moral rights in the Entry.

GENERAL RULES

1. The Viewers interested in participating in the Contest must be over and above the age of 18 (eighteen) years and a resident of India only. 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. To participate in the Contest, the Viewer shall be required to have his own Facebook account registered with the social network “Facebook”.

2. In the event of any fault, misunderstanding or dispute concerning any part of the Contest, the decision of STAR INDIA shall be final.

3. 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.

4. Proof of age, if requested, of the Viewer(s) must be submitted to STAR India (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ an affidavit signed by a magistrate) as may be required by STAR India to confirm the eligibility of the Viewer(s) as may be required by STAR India to confirm the eligibility of the Viewer(s).

5. STAR India reserves all rights to make amendments to the existing Terms & conditions or withdraw, change, alter, amend the Contest, process of selection of winners, Contest Period without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms & conditions on facebook page/channel/ Website, from time to time.

6. 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 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).

7. Viewer(s) agree, understand and acknowledge that there is no prize/gratification for merely sending Entry in the Contest.

8. The Terms & conditions shall be advertised sufficiently across the facebook page to ensure that no Viewer is misled and understands the entire process and the mechanism completely prior to participating in the Contest.

9. In case a Viewer is found to be in non-conformance of the Terms & conditions, Terms of Use, User Generated Content, or Privacy Policy then STAR India will be entitled to at its sole discretion disqualify the Viewer for claiming prize. Such decision shall be final and binding on the Viewer and to the extent permissible in law, the same shall not be disputed or challenged

10. 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 charged by the internet provider/operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the internet provider/operator directly, without involving STAR India.

11. 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 mechanism for submitting the Answer and /or cease from accepting 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 Facebook mechanism for submitting the Answer including without limitation system failure to any reason whatsoever including technical disruption/a default in sending out the 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 Answer stated in these Terms & conditions due to technical /technological restrictions and/or due to reasons/events/incidents beyond the commercially reasonable control of STAR INDIA.

12. With regard to Internet, the Participants are requested to check with their Internet provider/operator any other applicable charges. In case any Participant desires to participate in the Contest while roaming in a different circle/zone/country, additional roaming rates may apply. Hence Participants are requested to contact their internet provider/operator for the applicable rates.

13. To the extent permissible in law, viewer(s) shall not in any circumstances make any claims against STAR India, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Contest. If the Viewer(s) is found to be ineligible, or if they have not complied with these Terms & conditions, the corresponding entries will be disqualified.

14. 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, she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.

15. 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 delivering the Prize will be recorded by STAR INDIA or broadcasted by it.

16. The Participant(s) and/or Winner(s) grants STAR India irrevocable consent in perpetuity to use her name, photographs including sobriquet, audio visual tape or the voice or lines of the quote taken during the Contest, if any, in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation, in any and all mode, media, forms, including but not limited to radio, broadcast and television, newspapers and magazines, internet and mobile, and/or any mode and form of exploitation whether now existing or devised in future, at any time without the Participant(s) and/or Winner(s) further knowledge or consent.

17. By casting their Entry, each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner(s), shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the 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.

18. 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.

19. 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

20. STAR INDIA shall not be responsible if the Winner(s) is not available at the Facebook Account, 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

21. For the sake of clarity, if the Winner(s) refuses to accept the Prize 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 award the Prize to any other participant, and such decision of STAR INDIA shall be final and binding.

22. 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 INDIA, 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 Facebook mechanism and/or the Prize won and/or any material submitted forming part of the 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.

23. STAR India shall be responsible for ensuring that the entire Facebook 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 outside audit firms/companies/auditors/Internal (as the case may be) to audit the entries and the Facebook mechanism during the Period and keep updated records of the same. Employees of and/or consultants of and/or persons hired on contract by STAR India and the main sponsor of the Programs, if any, and the members of their immediate family are ineligible for participating in the Contest.

24. By participating in the Contest it is deemed that the Viewer(s) have read understood, accepted and agree to abide with all the rules and regulations of the Contest as set out herein and is unconditionally bound by the terms of use and privacy rules as uploaded on the Website of STAR India.

25. By participating in the Contest, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Contest, in any manner whatsoever to the extent permissible under law.

26. STAR India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, mental trauma caused to the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Contest. The Viewer(s)shall hold harmless 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 Viewer(s), in any manner whatsoever in connection with the Contest and/or Facebook mechanism including the selection of Winner and/or any aspect of 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 relief, to the extent permissible under law.

27. 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.

28. Viewer(s) acknowledges that in case any portion/clause of these Terms & 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 & conditions shall be valid and binding and of like effect as though such provision was not included herein.

29. Viewer(s) acknowledges and agrees that in case the performance of the Contest 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 & 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 Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).

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

31. The Terms & 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 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 Hyderabad, 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.

32. Subject to the provision of Clause 31above, 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 Hyderabad, India.

Teri Laadli Main - Promo Reaction

Terms & Conditions

The following are the terms and conditions governing the “Teri Laadli Main - Promo Reaction” activity (“Activity”) hosted by Star India Private Limited(“Star India”) for the promotion of the program “Teri Laadli Main” aired on Star Bharat SD and HD (“ Channel”). The promotion of the Activity will take place across several platforms. The Activity shall be held on Star Bharat Instagram profile at the URL https://www.instagram.com/starbharat/ (“Instagram Page ”) bearing the handle @starbharat (“Instagram Handle”).

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

The Activity shall commence on December 29, 2020 and end at 11:59 pm IST on January 04, 2021 (“Activity Period/Period ”).

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

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

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

I. PRINCIPLE RULES

 

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

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

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

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

iv. All Participant(s) must have a valid 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 an 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 post shared by Star India during the Activity Period on its Instagram Page which will request the Participants to post their reactions to the second promo of the Program (“Activity Post”) and respond by posting an original image in high resolution of themselves on their own Instagram handle with the relevant Hashtag and tagging the Instagram Handle (“Entry/Entries”).

ii. Entries submitted without tagging the Instagram Handle 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 Instagram pages shall be considered by Star India for the purposes of this Activity.

iii. 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.

iv. 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;

v. 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.

vi. 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.

vii. Each Participant shall follow the terms of use for Instagram. Failure to comply with the same shall render the Participant(s) Entry invalid.

3. The Participant(s) agree that the Participant(s) shall not post/share any image(s)/vidoes of: (a) themselves along any other person or (b) any other person including any person below 18 years of age as part of any Entry for this Activity. The Participant(s) agree and acknowledge that Star India reserves the right to disqualify any Entry containing image(s) of any other person from the Activity.

4. Each Participant agrees and acknowledges that Star shall be entitled to repost/share the Entries received as Instagram stories on the Instagram Page anytime during the Activity Period (“Repost”). The Repost shall be decided at the sole discretion of Star India.

5. 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.

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 Instagram will make such Participant’s Entry(ies) null and void.

7. In consideration of being giving an opportunity to participate in the Activity, the Participant hereby assigns all rights, title and interest in and to the Materials (defined below) in favour of Star India for Star India’s exploitation on its Instagram Page. 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.

8. 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.

9. The Participant(s) hereby allows the face, image, biographical data, name, signature, voice, photographs of the Participant(s) as appearing in the Entries (‘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.

10. 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.

11. 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 Instagram Page. It is further clarified that Instagram reserves the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star 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 Instagram shall be resolved directly with Instagram, without any recourse to Star India.

II. GENERAL RULES

 

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

9. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which Star India is unable to Repost.

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

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

b. determines at its sole discretion that the Entry inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Star India.

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

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

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

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

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

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

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

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

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

20. The Participant(s) of the Activity agrees that he/she shall make himself/herself 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 Instagram Page 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 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.

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 Star.bharat@startv.com. Star India shall endeavour to reply to the same within a reasonable time.

Family Cook Off Season 2

Terms & Conditions

  1. The following terms and conditions govern the entire process for the participation in the reality program tentatively titled “FAMILY COOK OFF SEASON 2” (“Program”) and shall be binding oneach participant (“Participant”, “ Contestant”, “your” and/or “you”) residing in the United Arab Emirates (hereinafter referred to as “Territory”) who voluntarily desires to participate in the shoot hosted by Star Asianet Middle East FZ LLC (“SAME/Company”) (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on SAME’s and/or its network of channels including Asianet ME and/or any other channel as deemed fit by SAME(hereinafter collectively referred to as the “ Channel(s)”).

  1. The Terms and Conditions, Privacy Policy , are incorporated herein by reference and are simultaneously available at https://www.startv.com/legal-terms-policies/#same (“Website”). By proceeding further you are representing to the Company that your participation in the Program is in compliance with all laws applicable to you and you are not in any manner prohibited from participating herein by any law.

  1. These Terms and Conditions governing participation in the Program, uploaded on the Website shall be irrevocably binding on Participants voluntarily participating in the Program. The Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by SAME under or pursuant to Program and in relation to your participation in the same. You agree that your act of participating in the Program in the manner as detailed below shall be deemed to be your absolute acceptance of the Terms and Conditions and Privacy Policy as may be updated from time to time at the Company’s sole discretion (hereinafter collectively referred to as “ Terms and Conditions”). If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy will disqualify your participation in the Program.

 

Definitions

Contestant(s)/Participant(s)”: Means any natural person(s), aged 18 years or above, being a resident of the Territory, who is(are) not a citizen 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).

Production House” means Aries Media FZ LLC.

Episode” means each episode of the Program, including any special episodes.

Studio” means any location deemed fit by SAME for filming of the Program.

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

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

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 SAME 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 SAME in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. Where applicable, the capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Copyright Act (Cap. 63) as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

 

  1. Procedure to send entries to participate in the program:

SAME shall promote the call for participation through on-air promos on the Channel, online through its social media handles and/or in any other manner as SAME may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Program

  1. To apply to participate in Family Cook Off Season 2, the interested Contestants can email their entries in the form and manner required by the Company, which shall include a particular recipe and a photo of the dish cooked by the Participants using such recipe, along with name of the team members (a total of two team members shall be permitted per Entry (including the Contestant who applies), who shall both be part of the same family) and their mobile number(s) to marketingme@startv.com (“Entry”). The content or format of the Entries requested may be modified by SAME at any time and notified to the Contestants. All Entries will need to be submitted on or before the date and time as may be communicated by SAME (“Entry Cut-Off Date”). For the avoidance of doubt, it is clarified that Entries submitted after the Entry Cut-Off Date will not be considered for the purposes of participation in the Program. However, SAME may, in its sole discretion, extend the Entry Cut-Off Date.

  2. These details of all Contestants shall be viewed and evaluated by the representatives/judge(s) as may be appointed by the Company (“ Panel”) on the overall basis of their Entries or any such other criteria determined by the Panel and/or Company at its sole discretion. In the event that a particular Participant has sent more than 1 (one) Entry, only the first Entry will be considered by the Panel. The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participants. Further, the decision of the Panel and/or Company in evaluating the Entries submitted by the Contestants shall be final and binding on all Contestants. The Participants shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law. The Panel will shortlist Contestants for further participation in the Program at its sole discretion.

  1. The Contestants may be further required to undergo an interactive session with the Panel and/or representatives of the Company which would comprise of a personal interview with the Contestants and /or their family members wherein the Contestants and /or their family members shall be required to truthfully answer all personal and professional questions of any nature whatsoever posed by the aforementioned Panel. The Company then shall select a team of Participants to be the winner of the Program who shall be felicitated with a trophy as the winners of the Family Cook Off Season 2 or such other gratification that the Company may decide at its sole discretion.

  1. SAME and/or the Production House shall reach out to the Contestants selected by the Panel for the Program and theses Contestants shall be required to do the following: (i) sign a separate document containing the terms and conditions for participating in the Program if so requested by SAME along with such other documents as required by SAME in its discretion, (ii) make themselves available for all shoot dates and travel to any place in UAE for the shoot of the Program, as may be informed by SAME from time to time, (iii) reside in any place in UAE and the hotel as decided by SAME at its sole discretion, during the shoot schedule of the Program, and (iv) be present at the Studio at the time and date communicated by SAME. The selected Contestants must always be present at the Studio at the time and date communicated by SAME. Being absent at the Studio at a time and place communicated to the Contestant may result in disqualification from the Program at the sole discretion of SAME.

 

  1. The Participants shall make a declaration as to the physical and mental fitness of the Participant to participate in the Program.

     

  2. All ancillary costs not expressly agreed to be paid by SAME and incurred by Participants shall be the sole responsibility of the Participants.

     

  3. All decisions of SAME shall be final and binding and shall not be subject to any appeal of any nature whatsoever.

 

  1. SAME reserves the right to withdraw the Program at any time for any reason whatsoever.

  1. It is clarified that Contestant(s) who have previously participated or are currently participating in cooking-based reality Programs broadcast/telecast on any satellite channel, will need to mandatorily inform SAME about such participation prior to participating in this Program. The final decision whether to select such Contestant(s) for the Program shall vest with SAME.
  1. The Participants acknowledge that they have voluntarily chosen to participate in the Program of their own free will and are willing to bear all risks, costs and consequences arising from such participation in the Program.
  1. The Participants shall not have any claim against the Company, Panel, Production House or other Participants. The Company or vendors connected with the Program shall not be responsible for any such eventuality and the Participant(s) shall not be entitled to claim any compensation from the Company, Panel, Production House or other Participants.
  1. For the avoidance of doubt it is clarified that the final selection of the Participants made by the Panel/SAME shall be final and binding on all the Contestant(s). In the event of any fault, misunderstanding or dispute concerning any part of the selection process to qualify for the Program, the decision of SAME shall be final and binding.
  1. SAME will not be liable for any non-selection of a Participant due to technical faults in the video booth, mobile booths or internet.

GENERAL RULES

  1. The program is open only for Participants applying to participate in teams of 2 family members, where each member of the team must be an individual resident of the Territory, who is not a citizen 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, and who is at least of 18 (eighteen) years of age as on the date of submitting their Entry.

  2. Employees of the Company, any related 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; and individuals not conversant in spoken Malayalam or English; are ineligible to participate in the Program. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company 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 during the conversation with the Company and/or in the information(s) stated in the documents furnished by the Participants.

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

  4. The Participant represents to the Company that the Participant is free and competent to enter the Program; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Entry, the Works and any other materials that it may provide to the Company, 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. The Contestant(s) must participate in the program only as a team.

  6. SAME excludes its liability to the Participants to the maximum extent permitted by law, including, without limitation, in relation to any injury, illness, infection, disease, death, emotional and/or mental trauma caused to the Participant (s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to the selection process. However, nothing in these Terms and Conditions excludes liability for personal injury or death caused by the gross negligence of SAME.

  7. The Participants acknowledge that a degree of fictionalization is inherent in the Program. Due to the aforesaid nature of the Program, there may be segments in the Program which may depict the Participants in an unfavorable manner. The Participants fully understand and agree to this aspect of the Program and shall not take any action (legal or otherwise) against the Panel, SAME, Production House, sponsors or any other Participant(s) in relation to this.

     

  8. SAME reserves the right to terminate/postpone the Program at any time without any prior intimation or notice to the public/Participants. SAME/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the shortlisting/selection process and/or accommodate any person or persons who have been shortlisted/selected.

 

  1. The Participants should not have been convicted under criminal laws and/ should not be disqualified under any applicable law from participating in the Program. The Participants must be in a physically, emotionally and mentally fit condition to participate in the Program. The Participants f urther confirm that they are medically fit to travel anywhere and anytime and that they do not suffer from any kind of ill health, disease, ailment(s) and medical problems that might render them incapable of participating in the Program or that may pose a health risk to the Panel, other Participants or any other representatives of the Company or Production House.

     

  2. The Participants may be required to furnish necessary supporting documentation in certified or original copy (i.e., birth certificate or passport) and/or any other documentary proof as may be required by SAME to confirm the eligibility of the Participants at any stage of the Program.

  3. SAME also reserves the right to change the selection process of the Program and/or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Program, without any prior intimation to the Participants and/or the public.

  4. The Participants must submit their Entries voluntarily and only on their own behalf (which includes on their team’s behalf) and any Entry(ies) by proxy will not be accepted.

     

  5. In the event of any fault, misunderstanding or dispute concerning any part of the Program and/or the selection process to qualify for the Program, the decision of SAME shall be final and binding on each Participant.

  6. The Participants shall not, during their participation in the Program (including during shoots), 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. All Participants shall ensure that their actions, Works and Entries 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 any person.

  7. The Participants 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 SAME’s prior written consent in each instance.

  8. The Participants shall not do any act either directly or indirectly which may bring SAME and/or its affiliates, the Channel(s), the Panel, the Production House and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participants shall use their judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Program.

  1. If the operation of the Program (including without limitation the operation of the telephone system, internet networks etc.); the recording; broadcast of any/all of the Episodes is prevented by an war, industrial action, flood or any Act of God, epidemic/pandemic or applicable law or any act beyond the reasonable control of SAME (“Force Majeure”) which continues for a period of 15 (fifteen ) days, then SAME may at its sole discretion cancel all or any part of the Programs and/or participation of Participants forthwith and such decision shall be final and binding on the Participants.

  2. Notwithstanding a Participant 's participation in the Program there is no obligation on the part of SAME to broadcast any Episode in which such Participant has taken part, or for any or all of their contribution to be recorded or used by SAME.

  3. The Participants specifically agree, allow, grant and permit SAME or any party authorized by it to record (audio-visual/audio or video footage), the participation process/performance, including the acts and performances, any interaction of the Participants with SAME, the Panel or fellow Participants or any representative of SAME, if any, of the Participant(s) captured during the Program or any part thereof or any related series of sound recordings and video recordings which have been shot during 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 Participants (“Footage”) and agree that the Footage may be used by SAME 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 SAME worldwide in perpetuity and SAME is entitled to exploit the same in any manner it may deem fit.

  4. In consideration of being afforded an opportunity to participate in the Program, the Participants agree, represent and warrant that all Intellectual Property Rights in and to the Works shall remain the exclusive property of SAME 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 Rights or any rights, title and interest in the Works, do not vest with SAME, 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 Rights vested in the Works including rights in any Exploitation thereof to SAME. 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 SAME, the Participants hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to SAME for such future medium or mode of exploitation of the Intellectual Property Rights in and to the Works as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agree that the Participants shall not assign or in any other manner transfer rights including the Intellectual Property Rights 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 SAME without offering for assignment such modes or means of exploitation of the rights including Intellectual Property Rights in and to the Works for the entire world and perpetuity to SAME (“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, SAME may Exploit the rights including the Intellectual Property Rights in and to the Works at any time it chooses.

    The Participants waive off their moral rights (or any analogous rights granted under the Copyright Act (Cap. 63)) with respect to the Works/participation in the Program. Further, the Participants further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Works.

     

  5. The Participants agree and acknowledge that the Channel(s)/ SAME shall have the sole and exclusive right to edit,alter, modify and or use any Footage orWorks in respect of the Participants’ Entry 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 or any ancillary event related to the Program).

  1. The Participants hereby allow the use of their face, image, biographical data, name, signature, voice, photographs, audio, videos and audio-visual clips of the Participants and the family/relatives/friends/colleagues of the Participants (collectively, the “Likeness”) to appear on and be used in connection with the promotion of the Program on and through all media, all means of exploitations, distribution including, but not limited to, the press, internet and television. SAME 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 SAME or the Channel without notice to the Participant and without any further compensation to the Participant.

     

  2. The Participants acknowledge and understand that their participation in the Program is at their own risk. SAME shall not be responsible for the Participant’s safety and continued good health during the Program, nor shall they be required to obtain any insurance in relation to the same for the Participant other than as required by applicable law. The Participants acknowledge and understand that their participation in the Program is at their own risk.

  3. Certain information relating to the Production House, SAME, the Program, Channel, may be disclosed to the Participants by the Production House and/or SAME which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “ Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/SAME, as the case may be, and is valuable, special and unique to the business of Production House/SAME, as the case may be. The Participants shall not discuss and/or disclose any information about the Program, the Channel, the Panel, 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.

  4. The Participants shall always comply with the United States Foreign Corrupt Practices Act of 1977 and any amendments thereto (and any local or foreign equivalent, including the laws of the Territory), and the UK Bribery Act 2010. Further, the Participants shall also comply fully with all applicable sanctions and export control laws, including those of the United States, and those of the Territory.

  5. The Participants 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 relevant 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.

     

  6. The Participants acknowledge that their representations, warranties, indemnities, grant of rights to SAME in the Entry and Works, and dispute resolution mechanism shall survive the efflux of time and the expiration of the applicability of these Terms and Conditions.

  7. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of the Emirate of Dubai and the Federal laws of the United Arab Emirates.

  8. The Participants irrevocably agree that the Dubai courts 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.

Star Asianet Middle East

PRIVACY POLICY

Last Modified: 21st August 2020

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:
    • 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

Terms Of Use One R&R App

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.

Disney Broadcasting (India) Private Limited, Star India Private Limited and its affiliates (hereinafter referred to as “the Company”) is providing One R&R (website and mobile application) (“Site”) for use only by its employees or authorized contract worker, as applicable (“Employee”) only to perform the below activities (“Purpose”):

· Site will function like a social media platform and the Feed shall be visible only to the Employees of the Company

· Employees can post appreciation messages (“Kudos”) to other employees which would be visible on the Feed

· Employees can Like, Comment or Share the Kudos only within the Site Feed and not on any other external platform.

· Employees can submit nominations for the quarterly awards (“Rockstar”) and Half-yearly awards (“Inspira”)

By visiting this Site you are confirming that you are an Employee of the Company. Your use of the Site is subject to all applicable internal policies of the Company including without limitation those policies governing confidentiality, standards of business conduct, social media, and harassment or discrimination. Your use of the Site is further subject Personal Data Privacy Policy published at https://www.startv.com/legal-terms-policies/#pdp and https://privacy.thewaltdisneycompany.com/en/current-privacy-policy (as applicable). The Company reserves the right to change the Terms of Use at any time and will post any such changes here.

Company 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 post comments/observations on the Site and provided by You to Company and or any Company’s affiliates (“Registration Data”) is true, current, complete and accurate in all respects.

2. You acknowledge and agree that Your registration information and any other personal data collected by Company is subject to Company’s Privacy Policy. For more information, view the full Privacy Policy. Company 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 Company 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 Company, its users and the public.

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

6. You agree that Company 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 Company.

7. You agree that the Company 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 the Company 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 the Company 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 Company’s copyright, trademark and other intellectual property including any rights of the Company 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 the Company.

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 the Company 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. The Company 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. The Company 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. The Company 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.

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

You agree that the Company shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that the Company 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 the Company does not guarantee any confidentiality with respect to any User Material.

By Posting the User Material, You hereby grant the Company 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 the Company is non-exclusive, royalty-free, and sub licensable.

In no event does the Company 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 the Company 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 the Company to assess the complaint.

The Company shall take all reasonable measures, including taking down the objectionable Post expeditiously. You agree and acknowledge that the Company’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 the Company shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

All information provide on this Site is confidential and shall only be used for the said Purpose if authorized. You will not misuse the information you access on this Site, including without limitation, copying or sharing the information for any unauthorized purpose by any means. Any misuse of this information shall result in disciplinary action or any legal action that the Company may deem fit

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

Company 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 Company 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.

In case of any queries, please contact IT security team at it.security@startv.com

2020 Blockbuster Offer

Terms & Conditions

These terms and conditions (‘Terms’/’Terms and Conditions’ ) govern the polling activity titled “2020 Blockbuster Offer” (‘ Poll’) organized, conducted and brought to you by STAR India Private Limited (‘STAR India’) for the Channel Star Gold (“Channel”). The voting (‘Poll’) shall commence from December 21, 2020 at 09:00 hours IST and shall conclude on December 31, 2020 at 20:00 hours IST (‘Polling Period’).

You (‘Viewer(s)’/ ‘You’) may voluntarily participate in the Poll if you agree with these Terms ( ‘Polling’). If you do not agree or cannot comply with any of the Terms then, please do not participate in the Poll. You can access/view these terms at the following URL: https://www.startv.com/legal-terms-policies/#ctc .

The Poll will be held on ‘Star Gold’s’ official, Twitter handle at https://twitter.com/StarGoldIndia , Instagram handle at https://instagram.com/StarGoldOfficial and Facebook page at https://www.facebook.com/StarGoldIndia/ (“Handles”) during the Polling Period and is open for participation by viewers/users in India only. The Poll will be held on Twitter using Twitter’s Tweet Poll feature and on Instagram and Facebook using the features on stories.

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

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the social media profiles of the Viewer(s) and/or any information in relation to Polling by the Viewer(s) gathered hereunder or pursuant to this voting process by STAR India (if any).

By participating in the Poll or accessing the official website of Star India (“Website”) or these Terms it is deemed that the Viewer(s) has read, understood, accepted and agrees to irrevocably, unconditionally abide with and be bound by all the Terms of the Poll and the Privacy Policy. If you do not agree to be bound or cannot comply with any of the Terms, please do not continue.

I. PRINCIPAL RULES

1. The Poll will be announced and promoted on the Channel and/or social media platforms and/or any other means at the sole discretion of STAR India, and such promotion will continue till December 31st , 2020 and/or till any other time, based on the sole discretion of STAR India.

2. During the Polling Period, the Viewers will be asked to cast their vote to choose one (1) film from two (2) film choices provided in the Poll. This process will be repeated during the Polling Period with two new films provided for the Poll conducted within the Polling Period. There will be a total of 9 (nine) Polls wherein the Viewers can vote for their film of choice from amongst two choices. The Viewer(s) interested in participating and qualifying for the Poll (‘Voter(s)’) are required to visit the Handles from the Viewer(s) Twitter, Facebook and/or Instagram account as the case may be and give a vote for the film of their choice (‘Vote’).

3. STAR India will sufficiently promote the Poll on the Channel and/or its social media platforms, to ensure that no Viewer is misled, and each Viewer fully understands the entire process and costs (if applicable) for voting.

4. The promotion for the Poll will be shown through promos and/or content on the Channel and/or on STAR India’s social media platforms during the Polling Period.

5. Viewers will be asked to cast their Vote to select the film(s) of their choice amongst two options for each Poll, during the Polling Period.

6. The Vote shall be made in such manner as stated hereinabove and must be made by the Voter(s) during the Polling Period as mentioned above only. Votes made after the Polling Period stated in these rules and regulations shall not be considered and shall be deemed null and void.

7. The film with the maximum number of votes for each Poll may be declared as the winning film (“Winning Film”) at the sole discretion of STAR India and such Winning Film will be telecast on the Channel on the date and time as communicated on the Handles by Star India. It is understood that any announcement based on the Polling, shall be at the sole discretion of STAR India and shall be final and binding and the Viewer shall in no event challenge and/or dispute the decision made by STAR India in this regard including in connection with the number of Votes, the aggregation of the same.

8. Any costs or expenses incurred to participate in the Poll shall be solely borne by the Viewers and STAR India shall not be liable for any such costs or expenses.

9. Votes received by STAR India after the Polling Period or beyond the stipulated time, shall be null and void without requirement of any further intimation by STAR India.

10. It is agreed that STAR India shall not be responsible in the event the Viewer fails to register his/her Vote due to any technical error of any nature whatsoever.

11. The Viewer agrees and acknowledges that the opportunity to participate in the Poll is the sole consideration to the Viewer; the Viewer is not entitled to receive any gratification, prize, monetary or otherwise, for participating in the Poll and/or for registering a Vote.

12. STAR India reserves the right to disqualify any Viewer(s) from participating in the Polling if the Viewer(s) are found to be in breach of any provisions of these Terms. The decision of STAR India in this regard shall be final and binding upon the Viewer(s) and the Viewer(s) shall not at any time challenge and/or dispute such decision of STAR India.

II. General Rules

1. The Viewers interested in participating in the Poll must be above the age of eighteen (18) years, must be a citizen of India and must be a resident of India during the applicable Polling Period. The Viewer should not have a criminal conviction or an arrangement or a contract that prevents the Viewer from participating in the Poll. Proof of age, if requested, of the Viewer(s) must be submitted to STAR India (i.e., school leaving certificate/school transfer certificate/college leaving certificate/college transfer certificate) as may be required by STAR India to confirm the eligibility of the Viewer(s). The Viewer(s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to the Poll. STAR India also reserves the right to disqualify a Viewer in case a discrepancy is found in the information furnished/provided/stated by the Viewer at any point in time.

2. For the purposes of this Poll, by submitting his /her Vote on the Twitter, Facebook and/or Instagram platform as the case may be, the Viewer(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter, Facebook and/or Instagram as the case may be. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Viewer shall be responsible for checking the same without any recourse to STAR India. Any Vote submitted on the platform in any other format other than that prescribed by such platform will be deemed invalid and will be disqualified from the Poll without any prior intimation by STAR India. Such decision of STAR India shall be final and binding on the Viewer(s). The Viewer hereby agrees that any dispute arising between the Viewer and Twitter, Facebook and/or Instagram as the case may be shall be resolved directly with Twitter, Facebook and/or Instagram as the case may be without any recourse to STAR India.

3. The Viewer(s) will be solely responsible for complying with the terms stipulated by Twitter, Facebook and/or Instagram as the case may be in the territory to submit their Vote on account of any restrictive terms imposed by such platform(s) and/or on account of the Viewer’s failure to comply with the terms imposed by such platform(s).

4. STAR India reserves all rights to make amendments to the existing Terms or withdraw, change, alter, amend the Poll mechanism, Terms, Polling Period and/or any aspect related to the Poll without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms from time to time.

5. Intentionally deleted.

6. STAR India reserves the right to cancel and/or reschedule the Program and/or Poll and/or extend or alter the Polling 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).

7. The selection of film for telecast on the Channel, pursuant to the Poll shall be final and binding on all Viewer(s) and in no event shall the Viewer(s) dispute the decision made by STAR India in connection to the Vote and /or any aspect related to the Poll. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Poll and/or the selection process to qualify for the Poll, the decision of STAR India shall be final and binding.

8. The Terms shall be advertised sufficiently across the Website to ensure that no Viewer is misled and understands the entire Poll process and the costs (if any) associated completely prior to participating in the Poll. In case any Viewer is found to be in non-conformance of these Terms or STAR India Privacy Policy then, STAR India will disqualify the Vote received from such Viewer.

9. 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 Viewer(s) in any manner whatsoever, in relation to the Poll.

10. The Viewer(s) shall not in any circumstances make any claims against the STAR India 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 Viewer(s)’s participation or inability to participate in the Poll or any related activity, to the extent permitted under law. If the Viewer(s) is found to be ineligible, or if he or she has not complied with these Terms, the corresponding Vote will stand disqualified and such decision of STAR India shall be final and binding.

11. STAR India shall not be responsible for any cost, expenses, taxes, duties, charges, fees and/or any levies applicable under the laws of India, in relation to the Vote(s), Poll and any such costs, if applicable, shall be solely borne by the Viewer(s).

12. STAR India and/or the Channel 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/Viewers and the telecom/mobile operator directly, without involving either STAR India and/or the Channel.

 

13. In case of any telecom and /or network failure and /or technical failure in logging on to the Website, the Handle and/or for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Poll mechanism and /or cease from accepting Votes of the Viewers, 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 Poll system/ mechanism including without limitation Poll system failure in the mechanism of default /internet lines logging on automatic acceptance of Votes beyond the Polling Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of STAR India.

14. By participating in the Poll or by Polling or accessing the Website or these Terms, it is deemed that the Viewer has read, understood, accepted and agreed to abide with these Terms as set out herein and is unconditionally bound by the Website terms of use and STAR India Privacy Policy as uploaded on the Website, which are incorporated herein by this reference.

15. STAR India makes no representations and/or warranties regarding the Poll, or any matter in connection therewith other than those expressly given in these Terms and hereby expressly disclaims all other warranties, expressed or implied.

16. By participating in the Poll, the Viewer(s) shall hold harmless and indemnify STAR India, the Channel, 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(s) and/or their family members/friend’s invited by the Viewer(s), in any manner whatsoever in connection with the Poll 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 or otherwise.

17. LIMITATIONS OF LIABILITY: BY ENTERING THE POLL, EACH VIEWER ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE POLL 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 POLL (IF ANY), NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL STAR INDIA AND/OR STAR INDIA ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY 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 INDIA’S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL MONETARY VALUE OF RUPEES HUNDRED.

18. STAR India reserves the right to disqualify any Viewer/participant if his/her conduct is found to not be in concurrence with these Terms or is in infringement or contravention of any third party rights, intellectual property rights or applicable laws, rules or guidelines.

19. The Viewer acknowledges that in case the performance, continuance of this Poll cannot be fulfilled due to war, industrial action, flood, any act of God, or any event beyond the reasonable control of STAR India, then such non-performance or failure or delay in performance shall not be deemed a breach of these Terms and if such inability to perform or delay in performance continues for a period of seven (7) days, then STAR India shall have the right, in its sole discretion, to terminate the Poll, any gratification and/or participation of a Viewer forthwith and such decision shall be final and binding.

20. You hereby acknowledge that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these T & C shall be valid and binding and of like effect as though such provision was not included herein.

21. Each Viewer hereby acknowledges and agrees that the relationship between the Viewer and STAR India, the Channel and its affiliated companies is not a confidential, fiduciary, or any other special relationship.

22. Each Viewer(s) acknowledges that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible, and the remainder of these Terms shall be valid and binding and of like effect as though such invalid or unenforceable provision was not included herein.

23. Viewer(s) acknowledges that Viewer(s)’s representations, warranties, indemnities, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

24. STAR India reserves the right to discontinue the Poll at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Viewers (s) whatsoever without prior notice to the Viewers;

25. The outcome of the Poll /the decision made by the Channel and/or STAR India regarding the Poll shall be final and binding on the viewers and in no event shall the viewer(s)/Voter(s) dispute the decision made by STAR India, Channel and/or its employees in connection to the Poll.

26. 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 Poll, in any manner whatsoever to the extent permissible under law.

27. The Terms shall be construed in accordance with the laws of India and any dispute or other matter arising in reference to the Poll or these Terms shall be referred to arbitration by 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 the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Viewer who has raised the dispute.

28. Subject to the provision of paragraph 27 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.

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

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

DANCE DANCE JUNIOR-SEASON-2

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited 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 “DANCE DANCE JUNIOR-SEASON-2” (“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 SIPL/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 SIPL (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 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 of the Participant and/ their Parents, (as the Participant being a Minor, represented by their Parents), voluntarily participating in the Auditions. SIPL will have access to and collect information and data shared by the Participant and 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 Participant and 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 SIPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating in the Auditions, it is deemed that the Participant and 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 their Parent’s absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of SIPL as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”) and available at https://www.startv.com/legal-terms-policies/ (“Website”). If the Participant and the Parent 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 Participants and their Parents are requested herein unconditionally accept and agree to comply with and abide by the same.

 

DEFINITIONS

“Audition(s) ” shall mean different levels comprising of Level 1 and Level 2 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 Centre(s), which the Participant(s) is required to qualify and pass for participating in the Program.

Audition Centre(s)” shall mean any locations in West Bengal where the Participant(s) need to make themselves available for further levels of auditions as per the selection procedure.

Audition Period” 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 the Parent on behalf of the Participant(s) from time to time.

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

Contestant(s)/Participant(s)” means any natural person(s) who is between the age of 8 (eight) years and 12 (twelve) years i.e 8 (eight) years or above and 12 (twelve) years or below as on 1st December 2020, being a citizen and resident of the Territory as per the applicable laws and enters the Auditions /Program individually or along with a partner or as part of a group in accordance with the terms detailed below.

“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 and /or any applicable laws of the respective Territory .

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, Level 3 and Level 4, of the Auditions. The term “Level(s)” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number. It is hereby clarified, that all 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 participants.

Program” means the Show which shall be tentatively titled “DANCE DANCE JUNIOR-SEASON-2.

“Production House” means Subhankar Chattopadhyay Productions Pvt. Ltd.

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

Show Player(s)” means the final 28 (Twenty Eight) selected Contestant(s) or such other number as deemed fit by the Company and/or the Production House, 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, , 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) Any natural person(s) who is between the age of 8 (eight) years and 12 (twelve) years i.e 8 (eight) or above and 12 (twelve) or below as of 1 st December 2020 and are citizens and residents of India, as per applicable laws; and

(b) As per applicable laws in the Territory, Parent of the Participant(s) must also be a citizen and resident of India as per applicable laws; and 1 (one) Parent of such Participant(s) shall accompany the Participant(s) for all the levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier).

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

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

 

3. 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. as a part of the marketing strategy for promoting the Auditions and/or the Program on air, our radio partners may promote the Auditions and/or conduct various contests in respect of the Auditions/Program for the listeners across the country.

4. Procedure to register

To register and to participate in the Auditions, the Participant(s) and/or Parent on behalf of the interested Contestant(s) shall:

i. 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”);

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

iii. If selected for next Level of the Auditions, the Participant(s) and/or Parent on behalf of the 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”).

5. In case the Participant(s) and/or Parent on behalf the 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, 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 Parent duly submitted by the Parent on behalf of the Contestant(s), at the Audition Centre shall be considered a complete entry (“Entry”).

6. Participant(s) and/or Parent on behalf of the 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 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 Participant(s) and/or Parent on behalf of the Contestant(s), for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the Entry and the Participant(s) and/or Parent on behalf of the Contestant(s), shall unconditionally facilitate the same.

7. Participants are allowed to participate in the Auditions with solo, duo or group performance, at their option, provided however that they should inform the details of such co-performers during the time of registration. Further, the Participants should ensure to get necessary parental consent and other release forms from all such co-performers, as may be required by the Company, at its sole discretion.

8. All entries at the respective Audition Centre(s) shall be on first come first serve basis between 9.00 am to 9.00 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 Participant(s) and/or 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.

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

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

A. LEVEL 1

I. Auditions will be conducted during the Audition Period at different Audition Centres located in West Bengal by following the process as detailed herein below. The detailed procedure to register for Auditions is mentioned in clause 4 to 7 above and the Participant(s) and/or the Parent on behalf of the Participant(s), is required to read the same and adhere to the same.

II. Participant(s) shortlisted at Level 1 shall be required to be present in the Audition Centre(s) in Kolkata or any other location /city as deemed fit by the Company at its sole discretion to participate and perform in Televised Auditions on specific dates and time as decided and communicated by the Company / Production House.

i. The cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, etc.) and the cost of travelling & lodging of such Participant(s) shall be solely borne by Participant and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of). If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.

ii. The Parents 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 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. For avoidance of doubt it is clarified that each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

iii. These auditions will be conducted during the Audition Period. The Participant(s) will have to present at the Audition Centres 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 auditions without the same shall automatically disqualify the Participant from further participation in the Auditions and Program.

iv. The doors to the Audition Centres 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(s) and/or Parent on behalf of the 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.

v. Subject to completion of formalities as prescribed by Company, the Participant(s)will have to go through 2 rounds of auditions viz (i)performance round and (ii)interview round. In the first round , ie performance round , , the shortlisted Participant(s) shall be required to perform an Act before the Panel as per their requirements may be further interviewed by the Company and/ or Panel regarding his/her background, family history, dance experience, etc.. The performance of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their versatility, style, overall personality, stature of their performance, song selection, screen presence, ideas, entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and neither the Participants nor any one on their behalf (including his /her Parent /legal guardian) shall have any objection to the same. The selected Contestants shall be eligible for the next level of selection; Level 2. The Contestants shall be informed about their selection for the next round, i.e. the televised auditions by the Company and /or its representatives which shall be tentatively held in the city of Kolkata or such other city as may be decided/ communicated by the Company at its sole discretion.

vi. Such selected Contestant(s) shall be required to be present for the next level of selection on the day and time specified by the Company.

B. LEVEL 2 (TELEVISED AUDITIONS)

i. Participant(s) shortlisted at Level 1 shall be required to attend personalized training sessions in Kolkata for a period of 3-4 (three to four) weeks which consists of dance workshops etc. Post these sessions, top 28 (Twenty Eight) Participant(s) will be shortlisted and selected by the Panel AND /OR COMPANY /AND /OR PRODUCTION HOSUE 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 as 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) and/or Parent on behalf of the 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 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 Participant(s) and/or the Parent(s) of 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”)

 

11. The Participant(s) and/or the Parent of the 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.

12. The Participant(s) and/or the Parent on behalf of 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 and/or the Parent on behalf of the Participant(s), in Level 1 and at Level 3. For avoidance of doubt it is clarified that Parent of each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) and/or the Parent 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 Auditions, based on the sole discretion of the Company and/or the Production House.

13. Participant(s) who have previously participated in dance based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Participant(s) and/or Parent on 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.

14. 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 Participant(s) and/or Parent of the Contestant(s).

15. It is clarified that the Participant(s) and/or the Parent on behalf of the Contestant(s), shall carry their own music CD’s or tapes or any musical instrument that may be required for all the Levels of the Auditions and/or shall be solely responsible to make all arrangements for facilitating their Act and the Company shall not be responsible to provide the same unless agreed otherwise.

16. 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 Participant(s) and/or Parent(s) on behalf of the Contestant(s), and in no event shall the Participant(s) and/or Parent of 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.

17. 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/or Parent of the Participant(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) and/or 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 8 (eight) years and 12 (twelve) years i.e 8 (eight) years or above and 12 (twelve) years or below, as of 1st December, 2020 being a citizen and resident of India during the Audition Period and the Program, as per the respective applicable laws.

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 Bengali or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, nationality including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify the Participant(s) in case discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) and/or Parent on behalf of the Participant, during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s) and/or Parent on behalf of the Participant(s).

3. In the event the Participant and/or the Parent on behalf of the 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 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 Participant(s) and/or the Parent of the Participant(s), to ensure that their participation 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 Participant shall be disqualified.

4. Participant(s) and/or Parent(s) on behalf of the Participant, represent to the Company and/or Production House that the Participant is a citizen and resident of India and 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 the 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 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 participant.

5. Participant(s) and/or Parent on behalf of the 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:

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

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

 

6. The Participant and/or the Parent on behalf of the Participant(s), shall not make any claims against SIPL 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 Parent on behalf of the Participant, in case the Participant is below the age of majority 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. 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 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 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.

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

9. 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) and/or the Parent of the Participant(s), to check the Terms and Conditions for the Auditions from time to time. SIPL 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(s) and/or Parent of the Participant(s).

10. The Participant and/or Parent of the Participant(s), should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions and/or Program. The Participant(s) and/or the Parent on behalf of the Participant(s), by entering into the Auditions represents and confirms that the Participant is medically fit to perform in the Auditions and / Program and 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, etc.).

11. The Participant(s) and/or Parent on behalf of the Participant(s), will be required to furnish necessary supporting documentation in original (i.e., birth certificate, passport, aadhar card, school leaving certificate 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) and/or Parent 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 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 as per applicable laws in the Territory.

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

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

14. The Channel/SIPL 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. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and Parent of the Participant(s), and also SIPL/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.

15. In case for whatever reason any Participant and /or Parent of the 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 of such Participant(s) as invalid and the Participant(s) shall be disqualified.

16. In the event of any fault, misunderstanding or dispute concerning any part of the Auditions/ Program/Show and/or the selection process to qualify for the Program, the decision of the Company shall be final and binding and each Participant and Parent on behalf of the Participant(s) shall without limitation be bound by such decision of the Company.

17. The Participant(s) and Parent on behalf of 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.

18. The Participant(s) and /or Parent(s) 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 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 Participant(s), or any persons related to the Participant(s) shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company and/or Production House.

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

20. Non-conformance by any Participant and/or by the Parent on behalf of the Participant, of 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.

21. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or the current Covid 19 Pandemic or any act beyond the reasonable control of the Company or any guidelines issued 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 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), in case the Participant is below the age of majority,.

22. 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.

23. Participant (s) and Parent on behalf of the 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.

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

25. The Participant(s) and the Parent on behalf of the Participant(s), 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(s) and the Parent on behalf of the Participant(s), acknowledges that the Entry submitted and/or contribution to the Materials does not qualify as a ‘performance’/ ‘live performance’ within the meaning of the Indian Copyright Act, 1957.

26. 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/Auditions or any ancillary event related to the Program/Auditions).

27. The Participant and Parent on behalf of the Participant(s), shall make themselves available from time to time and co-operate with the Channel and/or SIPL 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 Parent 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.

28. Participant(s) and the Parent on behalf of the Participant(s), hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘ Likeness’) to appear on and be used in connection with the promotion of the Program for all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. 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 Parent, and without any further compensation to the Participant and/or Parent on behalf of the Participant (s).

29. The Participant and/or the Parent on behalf of the 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, SIPL, 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 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 SIPL to claim any damages or reliefs or otherwise.

30. The Participant and/or the Parent on behalf of the Participant(s), agree to keep SIPL, 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 including the Video, by SIPL and /or any of its affiliate companies and/or channels.

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

32. Certain information relating to the Production House, SIPL, the Program, Channel, will be disclosed to the Participant(s) and Parent on behalf of the Participant (s), by the Production House and/or SIPL 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 Participant (s), agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/SIPL, as the case may be, and is valuable, special and unique to the business of Production House/SIPL, as the case may be. Participant(s) and Parent on behalf of the Participant (s), agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

33. Participant(s) and Parent on behalf of the Participant(s), shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

34. All obligations, representations, warranties, grant of rights in relation to a Participant who is below the age of majority as per applicable laws in the Territory shall be deemed to be provided by the Parent on behalf of the Participant(s).

35. The Participant and Parent on behalf of the Participant(s), acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

36. Participant(s) and Parent on behalf of the Participant(s), , acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations 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 and Parent on behalf of the Participant (s), has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, 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 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 Participant(s) and Parent on behalf of 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 Mumbai, India. The Participant(s) and 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.

National Geographic India Terms of Use – Social Media Reposts

Terms Of Use

NGC Network (India) Private Limited (“NGC/us/we”/ “our”) reaches out to the social media users (“you”/ “your”) to seek your permission to feature your content on our official social media handles on Instagram, Facebook and Twitter available at https://www.instagram.com/natgeoindia/ , https://www.facebook.com/natgeotv.india/ and https://twitter.com/NatGeoIndia (collectively “Handles”). If you choose to share your social media content with us (“User Content”), tag us in your pictures/videos that you post on your handles/social media pages by using the hashtag #NatGeoIndia (“Hashtag”) and by tagging @natgeoindia (“Tag”) .

If NGC decides at its sole discretion that your User Content resonates with the NGC brand and is relevant to the NGC brand, NGC shall reach out to you via direct message from the relevant Handles to request your permission to use your User Content as per the terms contained herein. Further, you unconditionally and irrevocably agree to our use of the User Content in accordance with these terms of use (“Terms of Use”). NGC hereby clarifies that this activity is not a contest and NGC is not be obligated to give out any gratifications or prizes in any manner whatsoever.

NGC reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

1. Consent to use User Content

Your act of voluntarily sharing the User Content using the Hashtag and Tag shall be deemed to be your absolute: (a) consent in relation to our use of User Content; and (b) acceptance to these Terms of Use, Privacy Policy (defined below), and other terms and conditions as prescribed by NGC from time to time. If you do not agree to be bound or cannot comply with any of the Terms of Use, please do not submit any User Content using the Hashtag and Tag. You further acknowledge and agree that NGC shall have a right but not an obligation to post, re-post display, or otherwise make publicly available any User Content shared by you using the Hashtag and Tag.

2. Grant of rights in User Content

You hereby grant to NGC and its related companies, affiliates, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion for the purposes of posting or featuring the User Content on any of the Handles. The Licensed Parties may use, display, reproduce, distribute and/or transmit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You further acknowledge and understand that your User Content once posted by NGC, shall remain on the Handles for perpetuity unless otherwise requested by you in writing. For this purpose, you may message us via direct message on the relevant Handles.

3. Acceptance of Privacy Policy

You hereby agree and understand that NGC will have access to and collect information and data shared by you such as your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice (“ Personal Information”). You hereby consent and grant the Licensed Parties the right to collect, receive, store, process, transfer, use, destroy, retain and share your Personal Information in connection with any use of your User Content in accordance with the terms of NGC’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and NGC’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

4. Representations and warranties by you

You hereby represent, undertake and warrant as follows:

a) You are an Indian citizen residing in India;

b) You have completed 18 (eighteen) years of age and are competent to accept these Terms of Use;

c) You do not have a criminal conviction or an arrangement or a contract that prevents you from posting the User Content and/or prevents Licensed Parties to develop/utilize the User Content;

d) That the Instagram, Facebook and/or Twitter account through which you share the User Content is solely owned by you and is not owned and/or controlled by any third party;

e) You are wholly compliant and your User Content is individually consistent with the Instagram, Facebook and Twitter terms of use.

f) You are the sole creator / author / owner of the User Content and that, no rights vest in any other party in respect of the User Content uploaded/ shared by you. Nothing in law, contract or otherwise restricts you from sharing the User Content or any part thereof and you are fully authorised and entitled to share the User Content;

g) All rights, including all copyrights and other intellectual property rights in respect of the User Content in its entirety vests in you and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the User Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force anywhere across the world;

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

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

j) The details and any other information given by you in connection with the User Content is true and accurate and that Licensed Parties shall not be responsible for verifying any information submitted by you;

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

l) You undertake to ensure that the User Content:

i. is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Licensed Parties to criminal or civil claims

ii. shall not include any advertisements or solicitation of any business/es

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

iv. is not grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

v. does not harm minors in any way;

vi. does not infringe any patent, trademark, copyright or other proprietary rights;

vii. does not violate any privacy laws for the time being in force;

viii. does not violate any law for the time being in force;

ix. does not deceive or mislead the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

x. does not impersonates another person;

xi. does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

xii. does not 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.

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

5. Indemnity

You hereby indemnify and hold harmless the Licensed Parties against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of any warranty, representation or undertaking made by you herein; (ii) any third party claims arising out of use of the User Content by Licensed Parties; and/or (iii) any act and/or omission by you which is prejudicial to the goodwill of NGC (your wilful misconduct and/or negligent acts or omissions). 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, NGC 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 NGC for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

6. Dispute resolution and governing law

These Terms of Use shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to the grant of license under these Terms of Use, such dispute shall be referred to a sole arbitrator appointed by NGC and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, 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).

Subject to the above paragraph, 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 Arbitration and Conciliation Act, 1996, including, without limitation, provision of interim reliefs under the provisions of Section 9, shall exclusively be the courts at New Delhi, India.

7. Miscellaneous

 

a) These Terms of Use constitute the entire agreement between you and NGC governing Licensed Parties’ utilization of User Content, superseding any prior agreements between you and NGC regarding such use.

b) None of the above paragraphs limits any other.

c) You agree that if NGC does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which NGC has the benefit of under any applicable law), it will not be taken to be a formal waiver of NGC’s rights and those rights or remedies will still be available to NGC.

d) If any provision of these Terms of Use 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.

e) You hereby acknowledge that you have fully read and understood these Terms of Use voluntarily, without coercion or any undue influence of any kind whatsoever on the part of NGC or any of the Licensed Parties and with complete understanding of all of the terms and conditions contained herein you agree to the contents of these Terms of Use.

f) In case of any queries in relation to the license granted hereunder, you can write to NatGeoIndia.social@natgeo.com . NGC shall endeavour to reply to the same within a reasonable time.

‘ON DEMAND+’ Poll activity

Terms & Conditions

These terms & conditions (‘ Terms’/’Terms and Conditions’) govern the polling activity for the program titled “ON DEMAND+” (‘ Program’) organized, conducted and brought to you by Star India Private Limited (‘Star India’) to be aired on the Channel Star Maa Music (“Channel”), The voting (‘Poll’) shall commence everyday between 16:00 hours IST to 17:00 hours IST during the broadcast of the Program which shall commence from 7th December 2020 and conclude on 31st September 2021 (‘ Polling Period’).

You (‘Viewer(s)’/ ‘You’) may voluntarily participate in the Poll if you agree with these Terms ( ‘Polling’). If you do not agree or cannot comply with any of the Terms then, please do not participate in the Poll. You can access/view these terms at the following https://www.startv.com/ ( ‘Website’)

The Poll will be held on ‘Star Maa Music’s’ Facebook page at https://www.facebook.com/StarMaaMusic (“Handle”) during the Polling Period and is open for participation by viewers/users in India only. The Poll will be held on Facebook using Poll feature.

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

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the social media profiles of the Viewer(s) and/or any information in relation to polling by the Viewer(s) gathered hereunder or pursuant to this voting process by Star India (if any).

By participating in the Poll or accessing the Website or these Terms it is deemed that the Viewer(s) has read, understood, accepted and agrees to irrevocably, unconditionally abide with and be bound by all the Terms of the Poll and the Privacy Policy. If you do not agree to be bound or cannot comply with any of the Terms, please do not continue.

I. PRINCIPAL RULES

1. The Poll will be announced and promoted on the Channel and/or any social media platforms and/or any other means at the sole discretion of Star India, and such promotion will continue till 31st September and/or till any other time, based on the sole discretion of Star India.

2. During the Polling Period the Viewers will be asked to cast their vote to choose a song from two song choices provided in the Poll. This process will be repeated for each song during the Polling Period with the choice of two song(s) provided for the Poll. There will be a total of 12 to 14 Polls every day in each episode of the Program, during the Polling Period, wherein the Viewers can vote for their song of choice from amongst two choices. The Viewer(s) interested in participating in the Poll (‘ Voter(s)’) are required to visit the Handle from the Viewer(s) facebook account and give a vote for the song(s) of their choice (‘Vote’). The First song will be manually chosen and played by the Channel and the viewers shall cast their votes for all the subsequent songs in respective episodes.

3. Star India will sufficiently promote and /or run the Poll on the Channel and on the Handle, to ensure that no Viewer is misled and each Viewer fully understands the entire process and costs (if applicable) for voting and registering their Vote.

4. The promotion for the Poll will be shown through promos/bugs and/or content on the Channel and/or on Star India’s social media platforms during the Polling Period.

5. Viewers will be asked to cast their Vote to select the song(s) of their choice amongst two options for each Poll, during the Polling Period.

6. The Vote shall be made in such manner as stated hereinabove and must be made by the Voter(s) during the Polling Period mentioned only. Votes made after the Polling Period stated in these rules and regulations shall not be considered and shall be null and void.

7. Viewers holding a Facebook account can only participate in the Poll. Viewer can cast only one vote against each song. The total number of votes against the two songs will be automatically displayed on the Channel in the said Program and shall also be displayed on the Handle. The song with the maximum number of votes for each Poll will be telecasted on the Program everyday following each Poll. It is understood that any announcement based on the polling, shall be at the sole discretion of Star India and the Viewer shall in no event challenge and/or dispute the decision made by Star India in this regard including in connection with the number of Votes, the aggregation of the same.

8. Any costs or expenses incurred to participate in the Poll shall be solely borne by the Viewers and Star India shall not be liable for any such costs or expenses.

9. Votes received by Star India after the Polling Period or beyond the stipulated time, shall be null and void without requirement of any further intimation by Star India.

10. It is agreed that Star India shall not be responsible in the event the Viewer fails to register his/her Vote due to any technical error of any nature whatsoever.

11. The Viewer agrees and acknowledges that the opportunity to participate in the Poll is the sole consideration to the Viewer; the Viewer is not entitled to receive any gratification, prize, monetary or otherwise, for participating in the Poll and/or for registering a Vote.

12. Star India reserves the right to disqualify any Viewer(s) from participating in the polling if the Viewer(s) are found to be in breach of any provisions of these Terms

and Conditions. The decision of Star India in this regard shall be final and binding upon the Viewer(s) and the Viewer(s) shall not at any time challenge and/or dispute such decision of Star India.

II. General Rules:

1. The Viewers interested in participating in the Poll must be above the age of eighteen (18) years, must be a citizen of India and must be a resident of India during the applicable Polling Period. The Viewer should not have a criminal conviction or an arrangement or a contract that prevents the Viewer from participating in the Poll. Proof of age, if requested, of the Viewer(s) must be submitted to Star India (i.e., school leaving certificate/school transfer certificate/college leaving certificate/college transfer certificate) as may be required by Star India to confirm the eligibility of the Viewer(s). The Viewer(s) represents and undertakes to execute and produce such further documents as may be required by Star India in relation to the Poll. Star India also reserves the right to disqualify a Viewer in case a discrepancy is found in the information furnished/provided/stated by the Viewer at any point in time. Permanent and/or contract employees and directors of Star India, its parent, subsidiary and affiliated companies, advertising and promotion agencies and each of their immediate family members are not eligible to participate in the Poll.

2. For the purposes of this Poll, by submitting his /her Vote on the Handle, the Viewer(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Facebook. It is further clarified that the Facebook platform reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Viewer shall be responsible for checking the same without any recourse to Star India. Any Vote submitted on the Handle in any other format other than that prescribed by such platform will be deemed invalid and will be disqualified from the Poll without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Viewer(s). The Viewer hereby agrees that any dispute arising between the Viewer and Facebook shall be resolved directly with Facebook without any recourse to Star India.

3. The Viewer(s) will be solely responsible for complying with the terms stipulated by Facebook in the territory to submit their Vote on account of any restrictive terms imposed by such platform(s) and/or on account of the Viewer’s failure to comply with the terms imposed by such platform(s).

4. Star India reserves all rights to make amendments to the existing Terms or withdraw, change, alter, amend the Poll mechanism, Terms, Polling Period and/or any aspect related to the Poll without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms from time to time.

5. All the Votes will be stored in a backend system operated by Star India and/or any person/agency appointed by Star India.

6. Star India reserves the right to cancel and/or reschedule the Program and/or Poll and/or extend or alter the Polling 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).

7. The selection of song(s) for telecast on the Channel, pursuant to the Poll shall be final and binding on all Viewer(s) and in no event shall the Viewer(s) dispute the decision made by Star India in connection to the Vote and /or any aspect related to the Poll. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Poll and/or the selection process to qualify for the Poll, the decision of Star India shall be final and binding.

8. The Terms shall be advertised sufficiently across the Website to ensure that no Viewer is misled and understands the entire Poll process and the costs associated completely prior to participating in the Poll. In case any Viewer is found to be in non-conformance of these Terms or Star India Privacy Policy then, Star India will disqualify the Vote received from such Viewer.

9. 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 Viewer(s) in any manner whatsoever, in relation to the Poll.

10. The Viewer(s) shall not in any circumstances make any claims against the Star India 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 Viewer(s)’s participation or inability to participate in the Poll or any related activity, to the extent permitted under law. If the Viewer(s) is found to be ineligible, or if he or she has not complied with these Terms, the corresponding Vote will stand disqualified and such decision of Star India shall be final and binding.

11. Star India shall not be responsible for any cost, expenses, taxes, duties, charges, fees and/or any levies applicable under the laws of India, in relation to the Vote(s), Poll and any such costs, if applicable, shall be solely borne by the Viewer(s).

12. Star India and/or the Channel 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/Viewers and the telecom/ mobile operator directly, without involving either Star India and/or the Channel.

13. In case of any telecom and/or network failure and /or technical failure in logging on to the Website, the Handle and/or for any reasons whatsoever, Star India reserves the right to at its sole discretion to change the Poll mechanism and/or cease from accepting Votes of the Viewers, 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 Poll system/ mechanism including without limitation Poll system failure in the mechanism of default /internet lines logging on automatic acceptance of Votes beyond the Polling Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of Star India.

14. By participating in the Poll or by polling or accessing the Website or these Terms, it is deemed that the Viewer has read, understood, accepted and agreed to abide with these Terms as set out herein and is unconditionally bound by the Website terms of use and Star India Privacy Policy as uploaded on the Website, which are incorporated herein by this reference.

15. Star India makes no representations and/or warranties regarding the Poll, or any matter in connection therewith other than those expressly given in these Terms and hereby expressly disclaims all other warranties, expressed or implied.

16. By participating in the Poll, the Viewer(s) shall hold harmless and indemnify Star India, the Channel, 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(s) and/or their family members/friend’s invited by the Viewer(s), in any manner whatsoever in connection with the Poll 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 or otherwise.

17. Limitations of Liability: by entering the poll, each viewer acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the poll 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 poll (if any), notwithstanding the foregoing, under no circumstances will Star India and/or star india entities be liable for any consequential, indirect, special, punitive, exemplary 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 India’s entire liability under these terms and conditions shall not exceed the total monetary value of Rupees hundred.

18. Star India reserves the right to disqualify any Viewer/participant if his/her conduct is found to not be in concurrence with these Terms or is in infringement or contravention of any third party rights, intellectual property rights or applicable laws, rules or guidelines.

19. The Viewer acknowledges that in case the performance, continuance of this Poll cannot be fulfilled due to war, industrial action, flood, any act of God, or any event beyond the reasonable control of Star India, then such non-performance or failure or delay in performance shall not be deemed a breach of these Terms and if such inability to perform or delay in performance continues for a period of seven (7) days, then Star India shall have the right, in its sole discretion, to terminate the Poll, any gratification and/or participation of a Viewer forthwith and such decision shall be final and binding.

20. You hereby acknowledge that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these T & C shall be valid and binding and of like effect as though such provision was not included herein.

21. Each Viewer hereby acknowledges and agrees that the relationship between the Viewer and Star India, the Channel and its affiliated companies is not a confidential, fiduciary, or any other special relationship.

22. Each Viewer(s) acknowledges that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible, and the remainder of these Terms shall be valid and binding and of like effect as though such invalid or unenforceable provision was not included herein.

23. Viewer(s) acknowledges that Viewer(s)’s representations, warranties, indemnities, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

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

25. The outcome of the Poll /the decision made by the Channel and/or Star India regarding the Poll shall be final and binding on the viewers and in no event shall the viewer(s)/Voter(s) dispute the decision made by Star India, Channel and/or its employees in connection to the Poll.

26. 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 Poll, in any manner whatsoever to the extent permissible under law.

27. The Terms shall be construed in accordance with the laws of India and any dispute or other matter arising in reference to the Poll or these Terms shall be referred to arbitration by 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 Hyderabad, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Viewer who has raised the dispute.

28. Subject to the provision of paragraph 27 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 Hyderabad, India.

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

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

NGC - Postcards From Punjab Contest

Terms & Conditions

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

These terms and conditions (“Terms and Conditions”/ “ T&Cs”) govern Your participation in this Contest to be held on Twitter handle @NatGeoIndia at https://www.twitter.com/NatGeoIndia/ (“Handle”) from 00:00 AM on November 11, 2020 to 11:59 PM on November 14, 2020 (“Contest Period/Period”), organized and conducted by NGC. You (“Participant(s)” / “ You” / “Your”) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of NGC for all matters relating to your participation shall be final and binding in all respects.

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

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

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

1. Principal Rules for Participation:

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

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

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

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

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

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

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

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. NGC reserves the right but not the obligation to verify if an individual meets all the criteria.

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

Qualification and parameters of Content: NGC invites all the interested Participants to review the 2 (two) factual questions (pertaining to the State of Punjab) posted by NGC on the Handle during the Contest Period (“Contest Post(s)”), which shall require the Participants to give correct answers to the questions posed in the Contest Post(s), within 24 hours from the time of such Contest Post(s), by way of a comment to the corresponding Contest Post from their own Twitter handle (“Content”).

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

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

ii. Participant must follow the Handle (@NatGeoIndia).

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

iv. The Content should comply with all applicable laws

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

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

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

You hereby understand and agree that NGC, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirements.

2. Contest Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content via a comment on the Contest Post(s) from their own Twitter handle. The Participants may submit multiple answers to each Contest Post. However, only the first answer submitted by a Participant shall be considered by NGC for the purposes of this Contest. The Participant(s) agrees not to spam and/or comment the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

Participant(s) must enter the Contest on his/her own behalf through their own Twitter accounts, not belonging to any third party, and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one handle and/or from more than one account of Twitter, NGC reserves the right to disqualify such Participant(s) from the Contest.

Stage 2. Internal Review of entries: After receiving Your submission of the Contest, NGC will internally review the Content for a period of 4 (four) days from the end of the Contest Period, or such other time period that NGC may decide at its sole discretion.

Stage 3. Result:

The first Participant to correctly answer the question posed in the Contest Post in accordance with paragraphs 1 and 2 above, shall be eligible to be declared as winner. There shall be a total of two (2) winners for the Contest i.e. one winner for each Contest Post (“Winners”). It is hereby clarified, that the Winner for both the Contest Posts cannot be the same Participant.

The Winners will be contacted via Direct Message (“ Private Message”) on the Handle to provide their name, age, email id, phone number (“Contact Details”) to natgeoindia.social@natgeo.com within 24 hours of such Private Message. In the event any Winner fails to submit their details, their entry in the Contest shall be invalidated.

Upon receipt of the Contact Details, NGC shall internally evaluate the same. If it appears that any of these Participant(s)/Winner(s) have already won any contest conducted by NGC in past 6 (six) months immediately preceding November 11, 2020, then such Participant(s)/Winner(s) shall not be eligible for being declared as a Winner of this Contest, regardless of the submissions made by such Participant(s)/Winner(s) on Handle. Upon completion of internal evaluation, NGC shall declare the names of Winners by tagging the Winners’ Twitter handles (to the extent permissible) on the Handle via a post, tentatively within seven (7) days from the end of Contest Period. Post this, NGC shall contact such Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“ Documents”) within 24 (twenty -four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and NGC shall forfeit his/her chance to win the Prize (as defined below). It is clarified that NGC shall not be obligated to shortlist another Participant(s) in place of such forfeited Winner(s) and such decision shall be final and binding.

NGC shall make only one (1) attempt to reach the Winners after the Contest Period. In the event such Winner(s), fail to respond within the timeline stipulated above, his/her selection shall be invalidated and stand disqualified and NGC shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, NGC may be free to select any other Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

Stage 4: Winners and Prize

The Winners of the Contest shall win merchandise as may be deemed fit by NGC (hereinafter referred to as “Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of NGC. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by NGC.

NGC shall courier the Prize to the Winner at the address (within India only) as provided and confirmed by the Winner through the Documents as submitted by them under the terms of the Contest.

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

Given the restrictions imposed by the Central and/or State Government due to the COVID-19 pandemic, the Company shall endeavor to deliver the Prize to the concerned Winner within 6 (six) months from the date he/she is informed of winning the Prize. However, in case of any further delay due to the imposition of lockdown/restrictions imposed by the Central and/or State Government, the Participant will be informed of the same together with the tentative delivery date for the Prize. Any delay by NGC in delivering the Prize to the Winner shall not amount to breach by the Company of these Terms and Conditions and the Winner unconditionally agrees to not make any claims in this regard.

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

Upon successful communication and acceptance of the Prize by the Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, the Winners agree that he/she may be required to execute a separate written agreement(s) with NGC in respect of the Content submitted and its future development (if at all), by NGC’s licensors’ and its affiliates, and shall further set out the rights and obligations of the parties, at that point of time. NGC shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, NGC reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold NGC and/or its employees, responsible for delays or any problem in connection to the Prize. Neither NGC nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold NGC, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that NGC shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of NGC the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, NGC cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall NGC, be responsible or liable for the same in any manner whatsoever.

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

NGC reserves the right to forfeit the Prize in the event it is found by NGC that any information including but not limited to Contact Details and/or Documents 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. NGC shall have the right to declare another Participant(s) as the Winner(s) of the Contest and transfer the Prize to that person.

 

The Participant(s) agrees and acknowledges that by submitting the Content, the Participant(s) is representing that the Content or contents thereof are not confidential or comprise any sensitive personal data or information.

The Participant(s) hereby acknowledges and agrees that NGC has the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to shortlist, use, exploit and/or utilize the Content, as it may deem fit at its sole discretion. NGC reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. NGC reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if NGC determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of NGC in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of NGC. Also, for the sake of abundant clarity, at no point in time will NGC be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

3.1. That the Twitter account through which You undertake participation in the Contest is solely owned by You and is not owned and/or controlled by any third party;

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

3.3. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

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

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

3.6. The details and any other information given by You in connection with the submission of the Content is true and accurate and that NGC is not/ shall not be responsible for verifying any information submitted by You;

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

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

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

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

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c. that harm minors in any way;

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

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

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

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

h. by impersonates another person;

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

j. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

3.10. You hereby indemnify and hold harmless NGC and its affiliates, NGC’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by NGC or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of NGC (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to NGC and/or possible acceptance of the Content by NGC (v) if any representation , warranty or Personal Information made by You turns to be untrue, false and in accurate; and (vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner and/or the material submitted forming part of the Content and/or the Contest during the Contest Period and/or enjoyment of the Prize. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, NGC 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 NGC for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

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

4. General Rules:

4.1. You understand that Your submission of Content does not imply that NGC is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by NGC and nothing herein shall be deemed to impose an obligation on NGC to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to NGC. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material NGC shall have the right to use, independent of You and /or your submission of Content.

4.2. An external third party digital agency will provide MIS/ report of user-wise comments to NGC and NGC will initiate the initial assessment based on the same reports. NGC and/or the said digital agency shall not be responsible in the event entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an entry occurs when the website server records the entry information upon the entrant clicking “Enter/Comment” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that NGC 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 NGC and/or its affiliates. NGC shall not be responsible in the event any Content are not received or submitted due to any technical error of any nature whatsoever. NGC 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 NGC. For the avoidance of doubt, by submitting the Content the Participant(s) is representing that the Content is not confidential or comprise any sensitive personal information.

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

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

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

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

4.5. For the purposes of this Contest, by commenting on the Contest Post(s) and summitting Content on the Twitter platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter, as the case may be. It is further clarified that Twitter reserves the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to NGC. The Participant hereby agrees that any dispute arising between the Participant and Twitter shall be resolved directly with Twitter as the case maybe, without any recourse to NGC.

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

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

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

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

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

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

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

4.13. You hereby agree and undertake that, NGC is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Contest;

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

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

4.16. NGC shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Contest is delayed or postponed or cancelled;

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

4.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding NGC shall, at all times, without any restriction/s and/or prior approval/s have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to NGC for use in the entire world in any media deemed fit;

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

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

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

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

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

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

4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will NGC, and/or NGC 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 NGC entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.26. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of NGC’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 these T&Cs by You, NGC shall be entitled to any and all remedies in law and/or equity;

4.27. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and NGC. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and NGC.

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

4.29. WARRANTY DISCLAIMER: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, NGC, 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. NGC makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this section, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the social media platforms/ Contest section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

4.30. NGC are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

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

4.32. You undertake that You shall adhere to the policies of NGC as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct, Your attendance may be withdrawn or subject to limitation upon NGC sole discretion.

4.33. You hereby acknowledge that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these T & C shall be valid and binding and of like effect as though such provision was not included herein;

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

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

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

4.37. You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring NGC into public disrepute.

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

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

4.40. Subject to the provision of Paragraph 4.39. above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India.

4.41. You acknowledge that in case the Contest and/or any of NGC’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of NGC 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 NGC shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

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

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

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

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

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

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

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

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

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

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

4.52. In case of any queries in relation to this Contest, you can write to NatGeoIndia.social@natgeo.com . NGC shall endeavour to reply to the same within a reasonable time.

DANCEE PLUS

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited 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 “DANCEE PLUS” (“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 SIPL/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 SIPL (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 (in case of minors) 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/or their Parents, for and on behalf of the Participant (in case of minors), voluntarily participating in the Auditions. SIPL will have access to and collect information and data shared by the Participant and the Parent of the Participant, (in case of minors), including Participant’s and/or Parents of the Participants’ (in case of minors) personal information for the purposes of the Auditions and/or Program. By participating in the Auditions, the Participant and Parent on behalf of the Participant (in case of minors) hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by SIPL, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating in the Auditions, it is deemed that the Participant and Parent on behalf of the Participant (in case of minors) 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) (in case of minors) absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of SIPL as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). If the Participant and/or Parent on behalf of the Participant (in case of minors) 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 Participants and Parents on behalf the Participant(s) (in case of minors) 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 and Level 2 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 Centre(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 1st November 2020 and continues till 30th November 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 (as defined below) and 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.

“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 (as defined below) 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 mean any locations in Andhra Pradesh & Telangana states where the Participant(s) need to make themselves available for further levels of auditions as per the selection procedure.

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 (as defined below) and/or through any other medium from time to time required to be checked by the Parent on behalf of the Participant(s) from time to time.

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

Contestant(s)/Participant(s)” means any natural person(s) who is between the age of 10 (ten) years and 60 (sixty) years i.e 10 (ten) years or above and 60 (sixty) years or below as on 1st November 2020, being an Indian citizen and resident of India and enters the Auditions /Program individually or along with a partner or as part of a group in accordance with the terms detailed below.

“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 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, Level 3 and Level 4, of the Auditions. The term “Level(s)” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number. It is hereby clarified, that all Participants (in case of minors) 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 participants.

Program” means the Show which shall be tentatively titled “DANCEE PLUS.

“Production House” means Oak Entertainments.

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

Show Player(s)” means the final 12 (twelve) selected Contestant(s) or such other number as deemed fit by the Company and/or the Production House, 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) Any natural person(s) who is between the age of 10 (ten) years and 60 (sixty) years i.e 10 (ten) or above and 60 (sixty) or below as of 1 st November 2020 and are Indian citizens and resident of India, as per applicable laws; and

(b) In case of Participant(s) below the age of majority as per applicable laws in the Territory, any 1 (one) Parent of the Participant(s) must also be an Indian citizen who is resident in India as per applicable laws; and 1 (one) Parent of such Participant(s) shall accompany the Participant(s) for all the levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier).

(c) 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 and/or Production House, in the Audition Centre(s) located in the Territory and the Participant(s), Parent on behalf of the interested Contestant(s), in case of minors, shall be required to upload the required information on the Website (as defined below) 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 SIPL and/or Production House basis the current Covid 19 pandemic scenario. SIPL/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 or their Parents, in case of minors, about the same.

4. The Digital Auditions will be conducted during the Digital Auditions Period on Website/Platform (as defined below), which may be accessed by the Participant(s) and Parents of interested Participant(s), in case of minors, through any device with access to the Internet, including but not limited to mobile phones. Participant(s) and Parents of the Participant(s) in case of minors, 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. 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. as a part of the marketing strategy for promoting the Auditions and/or the Program on air, our radio partners may promote the Auditions and/or conduct various contests in respect of the Auditions/Program for the listeners across the country.

6. Procedure to register

(a) To register and to participate in the Digital Auditions, the Participant(s) and Parents on behalf of the interested Contestant(s) who are below the age of majority shall:

i. have to login to http://starmaa.startv.com (“ 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(s) and Parent of the Participants, in case of minors 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(s) and Parent of the Participant(s), in case of minors, 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. If the Participant is below the age of majority as per applicable laws in the Territory, then details and documents of their Parents such as full names, proof of relation, contact details, email ID, etc. will also need to be submitted/uploaded in the mode and manner as prescribed or requested on the Website/Platform from time to time during the Audition Period.

iii. 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 and Parent on behalf of the Participant(s), in case of minors, 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) and Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 and Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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, languages spoken, brief of the Participant(s) passion towards dancing 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.

iv. It may be clarified that the Participant(s) and Parent on behalf of the Participant(s), in case the Participant is below the age of majority, participating in the Digital Auditions may register on the Platform only once either through a particular mobile phone number and/or email ID of the Participant and Parent, in case the Participant is below the age of majority. Accordingly, the Personal Information required by the Company may only pertain to the Participant registering himself/herself and his/her Parent, in case the Participant is below the age of majority. It is further clarified that if the Participant and/or Parent, in case the Participant is below the age of majority, 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 and/or Parent on behalf of the Participant, in case the Participant is below the age of majority, 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 and/or Parent on behalf of the Participant, in case the Participant is below the age of majority, through a particular mobile number and /or email id shall be considered and the others shall be deemed invalid.

v. Once the mobile phone number and /or email id (as applicable) is registered in the manner as stated therein, an OTP (One Time Password) will be sent to the registered mobile phone number and/or email id (as applicable) submitted by the Participant and Parent on behalf of the Participant(s), in case the Participant is below the age of majority. The Participant and Parent, in case the Participant is below the age of majority, will be required to mention the OTP received on their registered Mobile Number and/or email id within the permitted time as mentioned therein on the Website, post which, the Participant and Parent, in case the Participant is below the age of majority, will be able to proceed further with the registration process. In the event the Participant and/or Parent, in case the Participant is below the age of majority, fails to verify /authenticate the validity of his/her mobile no and/or email id or validate the OTP during such mobile verification and/or email verification by the Company, the mobile no. and/or email id shared by the Participant and Parent, in case the Participant is below the age of majority is found to be false and /or unauthenticated and /or fabricated and /or the said mobile no. not registered in the Participant’s and Parent’s name, in case the Participant is below the age of majority, 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.

vi. Once the interested Participant and Parent on behalf of the Participant, in case the Participant is below the age of majority, have completed filling details of his/her Personal Information, he/she shall carefully read the Terms and Conditions available at http://starmaa.startv.com and Parental Consent Form which is annexed to the Terms and Conditions and click the checkbox ‘I Accept Terms & Conditions’ (or any other similar wording) in order to accept the Terms and Conditions. The Participant and Parent on behalf Participant, in case the Participant is below the age of majority shall also read the personal information policy and click the checkbox to accept the Company’s personal information policy. For the sake of clarity, it is clarified that there is a common checkbox to accept each of these terms.

(b) Video Upload Functionality:

i. Once the Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant(s) is below the age of majority, shares the Personal Information required, he/she shall record one (1) video either of the Participant(s) or along with the partner or group, performing any dance of his/her/their choice, which may primarily be on any language song/music compositions; such video shall have a minimum duration of 60 (sixty) seconds and maximum duration of 180 (one hundred and Eighty) seconds [referred to as “Video”]

ii. The Video shall be audible, having good audio/sound as also video quality.

iii. Once the recording of Participant’s performance is completed, the Participant(s) and/or Parent on behalf of the Participant, in case the Participant is below the age of majority, shall upload the Video(s) on the Website 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 and/or Parent, in case the Participant is below the age of majority, will receive an SMS and/or email notification from the Company and/or Production House, at its discretion confirming and acknowledging the registration.

iv. If at any point of time the Company finds that the mobile number / email ID shared by the Participant and/or Parent on behalf of the Participant, in case the Participant is below the age of majority, 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.

v. The Video uploaded on the Platform may be in the .mov or .mp4 format and shall not exceed the size of 60 mb. For the purposes of this Audition, by uploading and /or submitting his /her Video on the Platform, the Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, agrees and undertakes that the Participant(s) and/or Parent on behalf Participant, in case the Participant is below the age of majority, is unconditionally bound by the Terms and Conditions.

vi. The Participant(s) and//or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, agrees and undertakes that all Personal Information, provided by him/her at the time of registration is true, correct, and accurate. The Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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) and/or Parent on behalf Participant(s), in case the Participant is below the age of majority, 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(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, agrees not to object to the same. The Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority 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(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Parent on behalf of the Participant at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.

vii. The Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, agrees and undertakes that the Entry/Video submitted by him /her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc

viii. The Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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(s) and Parent on behalf of the Participant(s), in case the Participant is below the age of majority, agrees that the Company has the right to remove any such material/Entry/Video which breaches any of the terms of these Terms and Conditions and the Participant and Parent on behalf of the Participant(s), in case the Participant is below the age of majority shall not be entitled to object to the same.

ix. For purposes of the Digital Auditions, logging onto the Platform, furnishing the Personal Information in the mode and manner as prescribed, 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 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 and/or Parent on behalf Participant(s), in case the Participant is below the age of majority, fails to provide upload the video or provides a fake email ID 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 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(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, shall unconditionally facilitate the same. Any incomplete Entry and /or Entries with incorrect format, broken/bad web link, inadequate Personal Information, invalid email ID, 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.

x. 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 Participant’s and/or Parent’s, in case the Participant is below the age of majority, 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.

7. To register and to participate in the On Ground Auditions, the Participant(s) and/or Parent on behalf of the interested Contestant(s), in case the Participant is below the age of majority, shall:

i. 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”);

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

iii. If selected for Level 3 of the Auditions, the Participant(s) and/or Parent on behalf of the Contestant(s), in case the Participant is below the age of majority, 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”).

8. In case the Participant(s) and/or Parent on behalf the Contestant(s), in case the Participant is below the age of majority, 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 Participant(s) and/or Parent on behalf Contestant(s), duly submitted by the Parent on behalf of the Contestant(s), in case the Participant is below the age of majority, at the Audition Centre shall be considered a complete entry (“On Ground Entry/On Ground Entries”).

9. Participant(s) and/or Parent on behalf of the Contestant(s), in case the Participant is below the age of majority, 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 Participant(s) and/or Parent on behalf of the Contestant(s), in case the Participant is below the age of majority, 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 Participant(s) and/or Parent on behalf of the Contestant(s), in case the Participant is below the age of majority, shall unconditionally facilitate the same.

10. 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 Participant(s) and/or Parent for and on behalf of the Contestant(s), in case the Participant is below the age of majority, 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.

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

12. 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 and/or professional experts/choreographers 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, in case the Participant is below the age of majority, 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, grace, personality, technique, selection of act, ideas, entertainment factor, 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 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), in case the Participant(s) is below the age of majority. 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 Participant(s) and/or Parents of all Participant(s), in case the Participant is below the age of majority, selected and shortlisted for Level 2 shall be intimated about the selection vide an email and/or may personally intimate via telephone or message to the contact number that has been provided by the Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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) and/or Parent of the Participant(s), in case the Participant is below the age of majority, shall be solely responsible for checking the emails and/or calls and/or messages received from the Company and/or the Production House. If the communication is received through email, the Participant(s) and/or Parent of the Participant(s), in case the Participant is below the age of majority, shall within 24 (twenty four) hours or receipt of such email / message confirm 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 Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, shall be required to give confirmation of the Participant’s participation for Level 2 Auditions upon receiving a call and/or email and/or message. The telephone and/or email and/or message 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 Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Participant(s) and/or Parents, in case the Participant is below the age of majority, have not installed the necessary software or otherwise did not meet 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(s) and/or Parents, in case the Participant is below the age of majority, 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(s) and/or Parent on behalf of the Participant, in case the Participant is below the age of majority, of the same in advance and it shall be the sole responsibility of the Participant and the Parent on behalf of the Participant, in case the Participant is below the age of majority 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 Participant(s) and/or Parent, in case the Participant is below the age of majority, 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) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Participant, in case the Participant is below the age of majority, shall not have any right to question for the same.

viii. For avoidance of doubt it is clarified that it shall not mandatory for the Company to publish Video(s) of all the Participants having submitted valid Entries. No correspondence and/or phone calls shall be entertained in this regard.

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 Participant(s) and/or Parents of the Participant(s), in case the Participant is below the age of majority.

ii. The Participant(s) and/or Parent on behalf of the Participant, in case the Participant is below the age of majority, 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(s) and/or Parent on behalf of the Participant, in case the Participant is below the age of majority, accepts any terms and conditions imposed by such platforms on which Video Conference is conducted. The Participant(s) and/or Parent on behalf of the Participant, in case the Participant is below the age of majority, 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, in case the Participant is below the age of majority, by such platform.

iii. Such Contestant(s) shall be asked to perform a dance 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, dance 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, 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(s) and/or the Parent on behalf of the Participants, in case the Participant is below the age of majority, 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 Hyderabad or such other place at its sole discretion.

The Participant(s) and/or the Parents of the Participant(s), in case the Participant is below the age of majority, 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(s) and/or the Parent, in case the Participant is below the age of majority, 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(s) and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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(s) and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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.

vii. The Company and/or Production House shall be free at any point of time to contact and /or communicate with the Participant(s) and/or Parent of the Participant(s), in case the Participant is below the age of majority, 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) and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, shall unconditionally promptly facilitate the same.

viii.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 Participant, in case the Participant is below the age of majority, shall not have any right to question for the same.

 

C. LEVEL 3 – ON GROUND AUDITIONS

 

I. IF COVID 19 PANDEMIC CONTINUES TO BE IN EXISTENCE TILL December 12th, 2020

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, 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 Participant(s), in case the Participant is below the age of majority. 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 further shortlist a minimum of 40 and a maximum of 50 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 Participant(s) and/or the Parents of such shortlisted Participant(s), in case the Participant is below the age of majority. 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.

II. IF COVID 19 PANDEMIC CLOSES ON OR BEFORE December 12th 2020 - 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 Hyderabad. Other interested Participant(s) who have not undergone for Digital Auditions are also eligible for On Ground Auditions conducted at the Audition Centres by following the process as detailed herein below. The detailed procedure to register for On Ground Auditions is mentioned in clause 8 to 11 above and the Participant(s) and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority is required to read the same and adhere to the same.

i. Participant(s) shortlisted at Level 2 shall be required to be present in the Audition Centre(s) in Hyderabad 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.

ii. 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 Centres 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.

iii.The doors to the Audition Centres 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(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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.

iv. 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 perform a dance act of to showcase their talent. 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.

v. 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 Auditions

vi. 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.

vii. The Company and/or Production House reserves the right to select any number of Contestant(s) from the Level 3 and shall inform the Parents of such 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 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 Hyderabad for a period of 3 (three) weeks which consists of dance workshops etc. Post these sessions top 12 (fourteen) 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) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Participant(s) and/or the Parent(s) of the Show Player(s), in case the Participant is below the age of majority, 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”)

 

13. The Participant(s) and/or the Parent of the Participant(s), in case the Participant is below the age of majority, 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.

14. The Participant(s) and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, in Level 1 and at Level 3. For avoidance of doubt it is clarified that Parent of each of the selected Participant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. In case the said Participant(s) and/or the Parent of the Participant(s), in case the Participant is below the age of majority, 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.

15. Participant(s) who have previously participated in dance based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract or contractual arrangement including but not limited to having signed any document or letter in respect of any such participation/appearance with any third party/persons including but not limited to media companies, production houses, broadcasting companies, agencies in relation to participation in such reality shows or featuring and /or appearance, will need to mandatorily disclose the details of such prior participation. Company reserves the right to disqualify such Participant on such ground, based at its sole discretion. The Participant(s) and/or Parent on behalf of the Contestant(s), in case the Participant is below the age of majority, 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.

16. 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 Participant(s) and/or Parent of the Contestant(s), in case the Participant is below the age of majority.

17. It is clarified that the Participant(s) and/or the Parent on behalf of the Contestant(s), in case the Participant is below the age of majority, 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.

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 Participant(s) and/or Parent(s) on behalf of the Contestant(s), in case the Participant is below the age of majority, and in no event shall the Participant(s) and/or Parent of the Contestant(s), in case the Participant is below the age of majority 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) and/or Parent of the Participant(s), in case the Participant is below the age of majority, 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) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority 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 10 (ten) years years and 60 (sixty) years i.e 10 (ten) years or above and 60 (sixty) years or below, as of 1st November, 2020 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 Telugu or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, nationality including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify the Participant(s) in case discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) and/or Parent on behalf of the Participant, in case the Participant is below the age of majority, during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority.

3. In the event the Participant and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Participant(s) and/or the Parent of the Participant(s), in case the Participant is below the age of majority, to ensure that their participation 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 Participant shall be disqualified.

4. Participant(s) and/or Parent(s) on behalf of the Participant, in case the Participant is below the age of majority, represent to the Company and/or Production House that the Participant is a citizen and resident of India and 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 the Participants, in case the Participant is below the age of majority, 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 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 participant.

5. Participant(s) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Parent on behalf of 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, 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 Production House will be collecting and retaining the Personal Information on behalf of the Company.

g. The Company has informed the Participant(s) and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority 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) and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, with the option to opt out of providing his/her Personal Information and the Participant(s) Personal Information, and the Participant(s) and/or the Parent on behalf Participant(s), in case the Participant is below the age of majority, has not exercised such option.

 

6. The Participant and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, shall not make any claims against SIPL 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 Parent on behalf of the Participant, in case the Participant is below the age of majority 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. SIPL 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 Participant and/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Participant(s), in case the Participant is below the age of majority, 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 Participant(s), in case the Participant is below the age of majority, 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 Participant, in case the Participant is below the age of majority 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 Participant below the age of majority, fully understand this aspect of the Program and shall neither hold the Production House/SIPL liable for any such depiction nor shall make any claims in respect of the same against the Production House/SIPL 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) and/or the Parent of the Participant(s), in case the Participant is below the age of majority, to check the Terms and Conditions for the Auditions on the Website and /or the Platforms from time to time. SIPL 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(s) and/or Parent of the Participant(s), in case the Participant is below the age of majority.

11. The Participant and/or Parent of the Participant(s), in case the Participant is below the age of majority, 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) and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, by entering into the Auditions represents and confirms that the Participant is medically fit to perform in the Auditions and / Program and 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/or Parent on behalf of the Participant(s), in case the Participant is below the age of majority, will be required to furnish necessary supporting documentation in original (i.e., birth certificate, passport, aadhar card, school leaving certificate 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) and/or Parent 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 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 Participant(s) and/or the public. The Company further reserves the right to, at its sole discretion any time during the telecast of the Program re-introduce the Digital Auditions and/or On Ground Auditions for the purpose of introducing new Participants for participating / competing in the Program.

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

15. The Channel/SIPL 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 in case the Participant is below the age of majority,. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and Parent of the Participant(s), in case the Participant is below the age of majority, and also SIPL/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 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 Participant(s) shall without limitation be bound by such decision of the Company.

18. The Participant(s) and Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Participants, in case the Participant is below the age of majority, 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 Participant(s), in case the Participant is below the age of majority, or any persons related to the Participant(s) shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company and/or Production House.

20. The Participant(s) and Parent on behalf of the Participant (s), in case the Participant is below the age of majority, 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 Participant, in case the Participant is below the age of majority, 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 Participant, in case the Participant is below the age of majority, 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 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 Telangana 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), in case the Participant is below the age of majority,.

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 Participant(s), in case the Participant is below the age of majority, 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 Participants(s), in case the Participant is below the age of majority, 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 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 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 and/or the Parent on the behalf of the Participants, in case the Participant is below the age of majority, hereby agree that neither the Participant(s) nor his/ Parent for and on behalf of the Participant, in case the Participant is below the age of majority, 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 Participant(s), in case the Participant is below the age of majority, 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) and the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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), in case the Participant is below the age of majority, further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant(s) and the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Participant(s), in case the Participant is below the age of majority, 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/Auditions or any ancillary event related to the Program/Auditions).

28. The Participant and Parent on behalf of the Participant(s), in case the Participant is below the age of majority, shall make themselves available from time to time and co-operate with the Channel and/or SIPL 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 Parent 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.

29. Participant(s) and the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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. 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 Parent, in case the Participant is below the age of majority, and without any further compensation to the Participant and/or Parent on behalf of the Participant (s), in case the Participant is below the age of majority,.

30. The Participant and/or the Parent on behalf of the Participant (s), in case the Participant is below the age of majority, 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, SIPL, 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 SIPL to claim any damages or reliefs or otherwise.

31. The Participant and/or the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, agree to keep SIPL, 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 SIPL and /or any of its affiliate companies and/or channels.

32. The Participant(s) and the Parent on behalf of the Participant(s), in case the Participant is below the age of majority, agrees that SIPL 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 Participant(s), in case the Participant is below the age of majority, acknowledges and understands that the participation in the Auditions is at their own risk. SIPL 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 Participant, in case the Participant is below the age of majority, 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, SIPL, the Program, Channel, will be disclosed to the Participant(s) and Parent on behalf of the Participant (s), in case the Participant is below the age of majority, by the Production House and/or SIPL 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 Participant (s), in case the Participant is below the age of majority, agree that Confidential Information whether disclosed orally or in writing, is the property of Production House/SIPL, as the case may be, and is valuable, special and unique to the business of Production House/SIPL, as the case may be. Participant(s) and Parent on behalf of the Participant (s), in case the Participant is below the age of majority, 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 Participant(s), in case the Participant is below the age of majority, 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 majority as per applicable laws in the Territory shall be deemed to be provided by the Parent on behalf of the Participant(s).

36. The Participant and Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Participant(s), in case the Participant is below the age of majority, 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 Participant and Parent on behalf of the Participant (s), in case the Participant is below the age of majority, 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 SIPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Hyderabad, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) and Parent on behalf of the Participant(s), in case the Participant is below the age of majority, 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 Hyderabad, India. The Participant(s) and Parent on behalf of the Participant(s), in case the Participant is below the age of majority, agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

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. 

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,

 

  1. The Contest will commence on 22nd October at 00:00 hours Indian Standard Time (IST) and will end 30th June 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 7th 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).

 

  1. 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:
    1. 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.
    2. 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.
  • 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.
  1. 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.
  2. 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 the Video.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.
  3. 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.
  • 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  .
  • 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.
  1. 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 )

 

  1. 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 .

 

  1. 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.

 

  1. 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.

 

 

  1. 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.

 

  1. 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:
    1. 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;

 

  1. 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).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

 

  1. 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.

 

  1. 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.

 

  1. 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  

 

  1. 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 .

 

  1. 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).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 .

 

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

 

  1. 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.

 

  1. 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).

 

  1. 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.

 

  1. 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.

 

  1. 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).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

  1. 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.

 

  1. 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  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 “Happy Birth Day Makkals contest” (hereinafter referred as ‘Contest’) which will be hosted  by Asianet Star Communications  Private Limited (“ASCPL/ Company”) on the on the website vijay.startv.com (“Website”/ “Platform”) as a part of the promotion and marketing  strategy for the promotion  of the program “Happy Birth Day Makkals” (“Program” ) ,to be  telecast on  “Vijay Music” (“Channel”). 

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Contest and  shall be  accessible  on  vijay.startv.com . ASCPL will have access to and collect information and data shared by the Participant including Participant’s personal information and personal information regarding  the person whom he / she wants to  send  birthday wishes as part of this Contest  . By participating in the Contest ,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  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 Contest, 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 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 Contest . The Contest shall be governed by the Terms and Conditions stated herein below and the Participant(s) are requested herein 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 .

 

PRINCIPAL RULES

 

  • Participants’ Eligibility:

 

  • The Contest is open only to persons who are the citizens of India and shall be of 18 years of age and above.
  • 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.
  • (c) The Birthday Wish  GIF ( as defined below)  forming part of the  Entry ( as defined below) to  be  submitted  on the Platform  during  a particular Weekly Contest Period  ( as defined below)  shall  be for  conveying  birthday wishes to a person  having  his / her  birthday in the subsequent Weekly Contest Period  . For example,  for  submitting an Entry  having a birth date that falls during the week of 25th October (Sunday) 2020 –  31st  October (Saturday) 2020 then they will need to submit their entry on any day between 18th  October, 2020   (Sunday) to 31st October, 2020 (Saturday) 2020

 

  • Contest Procedure:

 

  1. The Contest shall start on October 19, 2020 at 12 AM IST and end on June 30, 2021 at 11.59 PM IST (“Contest Period/Period”). It is clarified that the lines for the Contest will remain open  on  a weekly basis during the Contest Period,  extending from  every Sunday to  Saturday of that corresponding week between 12 AM IST until 11:59 PM IST (“Weekly  Contest Period”). ASCPL reserves all rights to make amendments to the Contest Period, timings, promotion 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 from time to time. ASCPL also reserves the right to reschedule, cancel and/or postpone the Contest without any prior intimation to the Participant(s).  
  2. To  participate in the Contest and to be eligible for the Gratification (as defined  below), the Participants will  be required to submit his/her Entry during the previous week of the actual birthdate..
  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  :
  • log in to the Platform and click on the relevant page/tab of the Contest on Platform 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 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 and  his / her loved one including but not limited  to (i)Name of the Participant, (ii)Mobile number of the Participant, (iii)City name / location of the Participant , (iv)Name of the person he/she (Participant)  would like to wish / dedicate, (v)City name / location of the person they would like to convey birthday wishes , (vi)Relationship with that person and (vii)Birth date (month and day only)of the person  whom they want to convey birthday wishes to as part of the Contest 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.
  • Participant (s) shall thereafter be required to submit a personalised text message not exceeding 280 characters comprising of  Birthday Message to  the person  whom he / she wants to   convey  wishes  through the  Program / Contest  – a personalized text message wishing their loved ones on the Platform as per the terms stated therein (“Text”) .It is further clarified that  for the  purpose of participating in the Contest  and to be eligible for the Gratification , it is  mandatory  to submit the  Text on the Platform .. It is further clarified that if the Participant has already registered and submitted Entries (as defined below) and /or  Text and /or uploaded Video(s) on the Website multiple times through a particular registered mobile numbers and/or specific email id (as applicable)  for  the purpose of conveying wishes to the same person , 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 / 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 for conveying wishes to the same person . In such cases only the first Entry submitted by the Participant through a particular mobile number and /or email id shall be considered and the others shall be deemed invalid.
  1. Once the Participant submits the Personal Information  and  Text as required as per the terms of the Platform , then he/she shall  be required to record one (1) video GIF of himself / herself   by clicking on the “record button/ tab”  available on the Contest Tab page on the Platform as per the terms stated therein and  such video shall have a Maximum duration of 5 (five) seconds  and shall be  recorded without any audio [referred to as “Video”].
  2. While submitting Personal Information, after providing the mobile number of the Participant in the registration form, an OTP (One Time Password) will be sent to the registered mobile phone number submitted by the Participant(s) as part of the registration and Personal Information .Before submitting the Video / Entry on the Platform , the Participant(s) will be required to mention the OTP received on his / her  registered Mobile Number within the permitted time as mentioned therein on the Platform, post which, the the Participant(s) will be able to proceed further with submitting the Video and completing the submission of the Entry . In the event the  Participant fails to verify /authenticate the validity of his/her mobile no  and 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 the Participants 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.
  • If at any point of time the Company finds that the mobile number shared by the Participant(s) and /or any Personal Information 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.The 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 hereby represents, covenants and declares that the Birthday Message GIF is original and is performed/enacted by the Participant(s), (ii) the Birthday Message GIF 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 Birthday Message GIF, such material and all rights therein and that no other person or party has right or interest in the Birthday Message GIF as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Birthday Message GIF shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Birthday Message GIF are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant has not granted any rights in the Birthday Message GIF to the prejudice of any rights granted to the Company hereunder (vi) the Birthday Message GIF is not violative of or in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Birthday Message GIF for the purpose of the Contest  have been secured by the Participant(s) in accordance with the existing Terms and Conditions and applicable laws without any recourse to the Compan In the event the publishing of the Birthday Message GIF 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 shall have the right at its sole discretion to edit/ remove/cut the contentious portion and re-publish such Video or Text  reject the Video and /or  Text  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 him/her and that he/she does not refer to any commercial product and/or service in the Birthday Message GIF  .The Participant / further agrees and confirms that the Company is entitled to reject the Entry of the Participant in the event that the Personal Information details submitted by the Participant are deficient, incorrect, untrue, or found wanting in any respect.
  • The Participant / Parent on behalf of the Minor Participant agrees and undertakes that the Entry/ Birthday Message GIF submitted by him /her is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc
  • The Participant further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update, submit, share the Birthday Message GIF and/or information that:
    1. belong to another person and to which the Participant(s) do not have any right;
    2. 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;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonates another person;
    8. 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.;
    9. 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.

 

  • For purposes of the Contest , logging onto the Platform, furnishing the Personal Information in the mode and manner as prescribed, mandatorily submitting the  Text and Video in the manner as stated  on the Website 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 shall not be entitled to re-submit any information, including but not limited to any Video  and /or  Text and such Entry submitted by him/her shall be considered final and valid Entry for the purpose of the Contest . Any incomplete Entry will be disqualified and will be considered as null and void. For avoidance of doubt, if the Participant fails to provide submit  the Video or  Text or fails to furnish Personal Information in the manner prescribed or if the Video submitted is less or more  than the minimum duration or more than the maximum duration stated herein and /or if the Personal Information is  incorrect and false  and /or if the Text exceeds the word limit as prescribed  herein  , 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 Participant for availing any additional information and/or to verify any details as provided in relation to Contest  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, 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.
  1. Entries received after the Contest  Period and /or Weekly Contest Period  and  or birthdays  not corresponding to the Weekly 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 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.
  2. Each Participant(s) consents to the use of information submitted by the Participant(s) including the Birthday Wish GIF for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use and exploitation  by ASCPL of the Birthday Wish GIF    forming part of the Entry  and /or  the Text and /or Video individually   across  any media or platform as ASCPL  may deem fit for the purpose of promotion of the Contest and Program . Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby grants to ASCPLa non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Entry  including the  Text and Video r forming part of it, to utilize the Entry and /or  Birthday Wish GIF     in any manner deemed fit by ASCPL 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  without any objection . 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 Entry and /or  Birthday Wish GIF        or any part thereof as required. The Participant agrees and authorizes ASCPL to digitally modify, edit, truncate, the Entry and /or  Birthday Wish GIF      submitted by the Participant(s) for the purpose of creation of Modified Entry (s) as set out below. The Participant(s)/Winner(s) undertakes not to create any lien, charge, or other encumbrance, on the Entry and /or  Birthday Wish GIF      at any time without the prior written consent of ASCPL. The Participant agrees that ASCPL  shall be entitled to exploit the Entry and /or  Birthday Wish GIF      including the Modified Entry e 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 Entry and /or  Birthday Wish GIF     along with the image including rights in any form of intellectual property and rights in any form of exploitation will be owned by Entry and /or  Birthday Wish GIF     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 Entry  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.

 

  1. During the Contest Period, at the end of the Weekly Contest Period, ie every Sunday of the corresponding Weekly Contest Period  every Participant(s) on the basis of the having submitted a valid Entry during the corresponding Weekly   Contest Period in the manner as stated hereinabove on a first  cum first  basis  ,the time  stamp of their respective Entries  be shortlisted by ASCPL at its sole discretion and subsequently out of these shortlisted Participant(s), ASCPL shall by way of random selection at its discretion based on the aforementioned criteria , from the aforementioned shortlisted Participant(s )select and shortlist  Participants and Entries not exceeding 1400 as “Shortlisted  Participants for that corresponding Weekly Contest Period . These Shortlisted  Participants shall be entitled to  an opportunity to have their  Entry and /or  Birthday Wish GIF and /or Modified Entry   featured , used and exploited in any manner as deemed fit by ASCPL  at its discretion  in the   forthcoming episodes of the  Program in  the  subsequent Weekly Contest Period (“Gratification /Prize”) .

 

 

  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 Shortlisted Participant and the Shortlisted Participant cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Shortlisted Participant cannot transfer the Prize to any other person.

 

  1. By participating in the Contest, it shall be construed that the Participants has waived his/her right to raise any dispute in connection to the Contest and/or the selection and  shortlisting  procedure .

 

  1. The final selection of the Shortlisted Participant shall be made by Star India and shall be final and binding on the entire Participant(s)/ Shortlisted Participant and in no event shall the Participant(s)/ Shortlisted Participant dispute the decision made by ASCPL 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  and/.or Gratification , the decision of  ASCPL a shall be final and binding.

 

  1. The Participant 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 participation or non-participation in the Contest or any related activity. If the Participant are found to be ineligible, or if he or she has not complied with theseTerms and Conditions , the corresponding Entries will be disqualified.

 

 

  1. By entering the Contest, each Participant(s)/ acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any), notwithstanding the foregoing, under no circumstances will 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.

 

  1. 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. ASCPL reserves the absolute right and discretion to reject any Entry or any part thereof at any stage of the Contest, including after declaring the Shortlisted Participants , if ASCPL:
    1. 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;
    2. 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.

 

  1. The decision of ASCPL in this regard shall be final and binding upon the Participant(s)/ Shortlisted Participants. The 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 or directly or indirectly, to the Participant(s participation or non-participation in the Contest or any related activity. If the Participant 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. 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/ASCPL , be responsible for the same.

 

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  has  been shortlisted  and selected  for  Gratification .

 

  • 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.

 

  • 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..

 

  • 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.

 

 

  • 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.

 

  1. 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).

 

  1. 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 .

 

 

  1. 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.

 

  1. 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).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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).   

 

  1. 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..

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 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.

 

  1. 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 Chennai, India.

Enga Pullainga Ellam Bayangaram

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 “Enga Pullingo Ellaam Bayangram” (‘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 5th November 2020 at 00:00 hours Indian Standard Time (IST) and will end 30th June 2021 at 23:59 hours IST (“Period/ Contest Period ”) on the Platform. For sake of clarity it is clarified that the Contest Period shall 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 5th November 2020 to 22nd November 2020; (ii) Fortnightly Period no.2 starting from 23rd November 2020 to 6th December 2020; (iii) Fortnightly Period no.3 starting from 7th December 2020 to 20th December 2020; (v) Fortnightly Period no.4 starting from 21st December 2020 to 3rd January 2021; (vi) Fortnightly Period no.5 starting from 4th January 2021 to 17th January 2021 and so on . 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 featuring a dance performance by him /her on any 1 (one) 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 Video(s)”). It is clarified that the Video may comprise of an individual or a group performance as deemed fit , 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.

i. 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

vi. 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 .

vii. 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.

viii. 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 _ performance, grace, talent and creativity of the Participant fun quotient 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.

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 http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating in the Auditions, it is deemed that the 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 December 15, 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 be