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

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

War Movie Contest

TERMS AND CONDITIONS

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest ( as defined below) as detailed herein for participation in the “War Contest” (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

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

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

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

STAR shall promote the Contest on the channels “Star Plus Middle East”, “Star Gold International” andAsianet ME” (“Channel(s)”) and on its Facebook Page at the https://www.facebook.com/STARPlusMiddleEast/ and https://www.facebook.com/AsianetME/ (“Facebook Page”)

The Contest shall commence on 25th Sep, 2019 at 12:00 AM UAE and shall conclude on 8th Oct, 2019 at 11.59 pm UAE (“ Contest Period”).

(I) Participants Eligibility

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

1. The Participant(s) must be individual citizens/resident of the Territory and of twenty (21) years of age or above at the start date of the Contest Period.

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

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

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

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

(II) Participation Mechanism:

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

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and pick the correct answer to the question during Contest Period. To send in their entries, Participant(s) will SMS “STAR the correct option A, B or C to 7871 (“Entry”).

3. SMS charges as charged by the network provider shall apply. STAR shall not be responsible for the cost of the SMS charged by the respective network provider(s) and shall be borne by the Participant(s) alone.

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

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

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

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

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

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

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

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

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

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

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

(III) Selection Process and Gratification:

1. STAR shall within Two (2) days after the expiry of the Contest Period shortlist Fifteen (15) Participants (randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfil all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR

2. The Winner will be contacted on the phone number through which the Entry was submitted. Such Winner will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the personal information provided by the Participant(s) including but not limited to age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documents) within next 48 (forty-eight) hours of contacting them. Each of the selected Winner(s) shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Winner(s) is unable to furnish the original document(s) to verify the eligibility details, the said Winner(s) shall be disqualified from the Contest, based on the sole discretion of the Company. In the event, Winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(IV) Additional Terms:

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

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

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18. Limitations of Liability: By entering the contest, each Participant acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any)notwithstanding the foregoing, under no circumstances will star and/or star entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise

Mystery Suppers

TERMS AND CONDITIONS

Please read the following Terms and Conditions very carefully before participating in the “Mystery Suppers” activity (“Activity”) conducted by Star India Private Limited (“Star India/Us/ We”) for its general entertainment channel, Star World. By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (“Terms and Conditions”/ “T&Cs”) govern Your Participation in this Activity. The Participant hereby consents (“Participant(s)”/ “You”/ “Your”) that the Participant has voluntarily participated in the Activity, subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules for Participation and General Rules for Participation listed herein below. By proceeding further, the Participant(s) is representing to the Company that the participation in the Activity is in compliance with all laws applicable and the Participant(s) is not in any manner prohibited from participating in the Activity by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Activity. You hereby agree and understand that Star India will have access to and collect information and data including but not limited to Personal Information (as defined below) submitted by the Participant(s). The Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”).

By participating in this Activity in the manner as stated hereunder, it is deemed that the Participant(s) has 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) does not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify You from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Activity shall be governed by the Terms and Conditions stated herein below and the Participant(s) is requested herein to unconditionally accept and agree to comply with and abide by the same.

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

1. Principal Rules for Participation:

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

i. The Participant(s) should be an Indian citizen residing in the cities of Mumbai, Delhi and Bangalore only;

ii. The Participant(s) should have completed 18 (eighteen) years of age to be eligible to participate in the Activity. However, only the Participants who have attained the legal permissible drinking age as per applicable state law are permitted to consume alcoholic beverages at the Venue(s). All Participants shall carry the age proof at the Venues (defined below);

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

iv. The Participant(s) should abide by all the applicable laws at all times;

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

In the event the Participant(s) fulfils all the criteria above, then You may participate in the Activity in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject Your participation in the Activity at any point of time in the event the above criteria or any part thereof is not satisfactory or it does not meet the qualifications or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.1A Activity Mechanism:

The Activity will be conducted at multiple locations (“Venues”) as determined by Star India in the cities of Mumbai, Delhi and Bangalore. The Activity will be hosted at the Venues on the dates as stipulated by Star India. The Venues may serve a curated menu which will include complimentary food and beverages, at the discretion of Star India.

The Activity is scheduled to start on 11th Sep, 2019 at 7.30 pm and end on 11th Sep,2019 at 11 pm(“Activity Period”).

The Participants’ adherence to the eligibility criteria provided hereinabove shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) does not satisfy the eligibility criteria provided hereinabove, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity.

The Participant(s) should adhere to the terms, conditions, rules and regulations of the respective Venues. Rights of admissions are applicable as per the respective Venues and the Participant(s) is not guaranteed entry in the Venues or their participation in the Activity. At the Venues, the Participant(s) should act in good taste and Your behavior shall not be unlawful, misleading, discriminatory, fraudulent, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws;

You hereby understand and agree that Star India and/ or the Venues, at its sole discretion, reserves the right to prevent You from partaking in the Activity if You do not adhere to the above stated requirements. By participating in the Activity, it shall be construed that You have waived Your right to raise any dispute with regard to the Activity and/or any decision of Star India, in any manner whatsoever.

1.2. 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.

1.3. The Participant(s) hereby acknowledges and agrees that Star India has the right to record your participation in the Activity at the Venues (“Footage”), use, Exploit (as defined below) and/or utilize the Footage, in any manner as it may deem fit at its sole discretion. The Footage may include photographs, video recordings or other actions of the Participant(s) that will be recorded at the Venues during the Activity and Star India will be free to exploit, display and use such Footage during any on ground event, as it may deem fit at its sole discretion.

1.4. In consideration of being giving an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Footage in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Footage, creatively in any manner as deemed fit by Star India.

1.5. Star India reserves the right to deny any Participant(s) from participating in the Activity if the Participant(s) is found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

2. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

2.1. Nothing in law, contract or otherwise restricts You from participating in the Activity or part thereof;

2.2. The details and any other information given by You in connection with the submission of information at the Venues or otherwise is original, true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

2.3. Your conduct at Venues during the Activity will not be defamatory of any person, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

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

3. General Rules of Participation:

3.1. Star India shall not be responsible in the event the invitation is not received due to any technical error of any nature whatsoever. Any response or 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 the invitation due to a technical error and/or defect in the functioning of the website or 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 subscribers/ Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India.

3.2. The Participant(s) hereby authorizes, permits, and grants consent to Star India, its affiliates) and/or their authorized representatives to record, take photographs Your image/ Likeness (as defined later), Footage or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) in any other manner as Star India may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, 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.

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

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

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

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

3.4. For the purposes of this Activity, the Participant(s) agrees and undertakes to be unconditionally bound by the respective terms and conditions of the respective Venues. It is further clarified that such Venues specified hereinabove reserve the sole and exclusive right to make any amendments to its terms and conditions, at its discretion, and the Venues reserve the right to disqualify any Participant in the event of non-compliance with the Venues’ rules and regulations and applicable terms and conditions. Such decision of the Venues shall be final and binding on the Participant(s). The Participant(s) hereby agrees that any dispute arising between the Participant(s) and Venue(s) shall be resolved directly by the Participant(s), without any recourse to Star India.

3.5. The Participant(s) hereby allows the face, image, biographical data, name, signature, voice, photographs of the Participant(s) and the family/relatives/friends/colleagues of the Participant(s) (‘Likeness’) to appear on and be used in connection with the 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. By providing any Personal Information to Star India and during the Activity, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their Likeness or personal information furnished to Star India.

3.6. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit the T&Cs available at the section of the website of Star India http://www.startv.com/legal-terms-policies/#wpp from time to time in order to be informed of the latest version of the T&C.

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

3.8. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or qualification of a Participant(s), STAR India shall not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;

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

3.10. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Activity is delayed or postponed or cancelled

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

3.12. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding Star India shall, at all times, without any restriction(s) and/or prior approval(s) have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further, You in consideration of Your participating in the Activity, hereby grant a royalty free, exclusive, irrevocable, perpetual, freely sub licensable license to Star India for use of Materials in the entire world in any media deemed fit, to the extent the assignment of the Materials is not valid by operation of law;

3.13. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches in the network and/or the cost of the call or internet session (i.e., cellular data pack charges) charged by the telecom/mobile operator/internet service provider etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

3.14. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), gratification, prizes, applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to Your participation in the Activity.

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

3.16. You hereby understand that Star India makes no representation and/or warranties regarding the Activity or any matter in connection therewith other than those expressly given in these T&C’s and hereby expressly disclaims all other warranties, expressed or implied;

3.17. Limitation of liability: By participating in the Activity, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India’s maximum aggregate liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

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

3.19. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere participation in the Activity shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

3.20. You acknowledge and confirm that neither Star India licensors nor any of the respective Star India licensor’s affiliates are in any manner whatsoever associated with the Activity.

3.21. Participant(s) agree, understand and acknowledge that there is no prize/gratification for participating in the Activity.

3.22. Warranty Disclaimer: You agree that Your participation in the Activity shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Activity. Star India makes no warranties or representations about the accuracy or completeness of the content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies, (ii) personal injury or property damage, of any nature whatsoever, (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 (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 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.

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

3.24. You hereby acknowledge that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of 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;

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

3.26. 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.

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

3.28. You have the rights to: (i) review your Personal Information (defined below) 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 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 my Personal Information, Star India shall be entitled to disqualify your entry and/or participation in the Activity, as deemed fit and necessary by Star India at its sole discretion.

3.29. The Terms and Conditions shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by You.

3.30. Subject to the provision of Paragraph 3.29 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.

3.31. You acknowledge that in case the Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Activity and/or the participation of an Participant(s) forthwith and such decision shall be final and binding.

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

3.33. 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 You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between You and Star India., in this connection.

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

3.35. 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.

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

Bigg Boss- Telugu -Season -3

VOTING TERMS AND CONDITIONS

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- Telugu -Season -3’’ (“Program ”) which is being aired on “Star Maa” (hereinafter referred to as “Channel”), being the channel owned and operated by Star India Private Limited (“SIPL”)

The following voting terms and conditions (“Terms and Conditions”) 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 21st July, 2019.

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

These Terms and Conditions are irrevocably binding on each Viewer who voluntarily participate in the Voting Mechanism. The privacy policy available at https://www.startv.com/legal-terms-policies/#wpp (“Privacy Policy”), which is deemed accepted and agreed to by every Viewer, by agreeing to participate in the Voting Mechanism, shall govern all usage of any Personal Information (as defined in the Privacy Policy available at the aforementioned link) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by SIPL under or pursuant to the Voting Mechanism.

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

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

PRINCIPAL RULES:

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

1. The Program is a reality show where individuals/housemates (“Participants”) staying in the Bigg Boss House will nominate housemates for eviction from the Program at intervals decided by SIPL (“Shortlisted Participant”). During the Program, the 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, SIPL and/or the Channel shall be entitled to, at its discretion at any time during the telecast of the Program to re-introduce the eliminated Participant(s) or introduce fresh individuals/participants to participate in the Program (“Wild Card Entries”).

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

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

5. The Program will be telecasted from 21st July, 2019 onwards, on the Channel at the timings stated below or such other dates and timings as amended and updated on the Website by SIPL from time to time. It shall be each Viewer’s sole responsibility to periodically check the Website for any update(s) or modification(s) to the timings and dates for telecast of the Program, and/or, for other changes to the Voting Mechanism and/or other details pertaining to the voting.

DAY

TIME OF TELECAST

Week Days

21.30 IST to 22.30 IST

Week Ends

21.00 IST to 22.30 IST

 

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

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

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

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

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

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

9. Missed Call Mechanism

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

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

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

S.No

Name of Participant

Number assigned

1

Ms. Shiva Jyothi

8466996701

2

Mr. Ravi Krishna

8466996702

3

Ms. Ashu Reddy

8466996703

4

Mr. Jaffar

8466996704

5

Ms. Himaja

8466996705

6

Mr. Rahul Sipligunj

8466996706

7

Ms. Rohini

8466996707

8

Mr. Baba Bhaskar

8466996708

9

Ms. Punarnavi

8466996709

10

Ms. Hema

8466996710

11

Mr. Ali Reza

8466996711

12

Mr. Mahesh Vitta

8466996712

13

Ms. Sreemukhi

8466996713

14

Mr. Varun Sandesh

8466996714

15

Ms. Vithika Sheru

8466996715

16

Tamanna Simhadri

8466996716

17

Shilpa Chakravarthy

8466996717

9.3. It is clarified that each Viewer can cast a maximum of 10 (ten) votes per day, for the corresponding Voting Cycle (defined below) throughout the Period by way of a missed call for the Shortlisted Participant from a landline and/or mobile number that is registered with a network operator within the Territory. The Viewer will receive an SMS/response from SIPL for the first vote only (if voting is done through mobile only) for the applicable Voting Cycle

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

10. Hotstar Voting Mechanism:

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

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

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

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

10.4. Only a maximum of 10 (ten) votes per day per device, per corresponding Voting Cycle will be allowed through the Viewer’s Android and /or IOS Device for a particular Shortlisted Participant.

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

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

       

Missed call

Hotstar

Voting Start Time

Voting End Time

No. of votes per Voting Cycle per mobile/landline

No. of votes per Voting Cycle per login

Monday

10:25 PM

Monday

11:59 PM

10

10

Tuesday

12:00 AM

Tuesday

11:59 PM

10

10

Wednesday

12:00 AM

Wednesday

11:59 PM

10

10

Thursday

12:00 AM

Thursday

11:59 PM

10

10

Friday

12:00 AM

Friday

11:59 PM

10

10

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

Only a Maximum of 10 votes will be allowed per day per login, per Voting Cycle. Any number of votes cast including during the Voting Cycle, exceeding the limit mentioned hereinabove, will not be valid and shall be rendered null and void.

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

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

14. SIPL and/or the Channel reserve the right to modify the format of the Program, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program or at any time during the Period. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time available on the Website. It is further clarified that in case of final scores (i.e., votes received as per the Voting Mechanism) being tied for two (2) or more Participant(s), the decision of SIPL and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and/or challenged in a court of law, to the extent permissible under law.Without limiting the foregoing, under no circumstances will SIPL, Channel, its assigns and/or affiliates be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, arising in any way whether in contract, tort (including negligence) or otherwise. The Viewer specifically waives his/her right to seek injunctive relief against SIPL, the Channel, its assigns and/or any of their affiliates or any entity in relation to the Program, and/or the Voting Mechanism, to the maximum extent permitted by law;

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

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

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

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

General Rules

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

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

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

4. 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.

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

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

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

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

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

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

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

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

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

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

15. The Channel and/or SIPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to any person, including the Viewer/voter in any manner whatsoever, in connection to the Program, Voting Mechanism and/or any aspect related thereto.

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

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

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

19. 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.

20. 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.

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

22. By participating in the Voting Mechanism, each Viewer acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with these Terms and Conditions, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with participating in the Voting Mechanism (if any). Notwithstanding the foregoing, under no circumstances will SIPL and/or the Channel and/or Hotstar, or any of their employees, officers, directors, representatives, be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

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

24. Each Viewer acknowledges that in case the performance of the Voting Mechanism and/or any provisions of these Terms and Conditions cannot be fulfilled due to war, industrial action, flood or any Act of God or any reasons beyond the control of SIPL or the Channel, then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days or more, then SIPL shall be at liberty upon its sole discretion to terminate the Voting Mechanism forthwith without any intimation or liability to any person, and such decision shall be final and binding.

25. 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.

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

27. 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.

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

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

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

Dance Plus - Season 5

Terms & Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited. By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “DANCE PLUS SEASON 5” (“Program”) and shall be binding on You, who is residing in and a citizen of India or Nepal (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by STAR India/Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by STAR India (hereinafter collectively referred to as “ Channel”).

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at https://www.startv.com/legal-terms-policies/#d5

(“Website”). By proceeding further, You are representing to the Company that Your (and Your child, in the case of Minors) participation in the Auditions is in compliance with all laws applicable on You (and Your child, in the case of Minors) and You (and Your child, in the case of Minors) 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, in the case of Minors, for and on behalf of themselves and the Minors, voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information ( defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to name, mobile phone number and/or any information gathered by STAR India under or pursuant to this Auditions and in relation to Your (and Your child, in the case of Minor Participants) participation in the same. Your (and Your child, in the case of Minors Participants) act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be your absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your (and Your child’s, in the case of Minor Participants) 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. For clarity, in case of a Minor Participant, these Terms and Conditions will apply to You (i.e., the parent and/or legal guardian of the Minor Participant) including for and on behalf of the Minor Participant.

DEFINITIONS

Authorised Guardian” means a natural person who is not a Minor has been: (i) authorised in writing by the Parent of a Minor Participant; and (ii) who is known to the Minor Participant, to accompany a Minor Participant to Level 1 and Level 2 of the Auditions.

Audition(s)” means different Levels of selection process to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify to participate in further Levels for participating in the Program.

Audition Centre” shall collectively mean the following centres/venues, at the sole discretion of the Company, wherein Auditions for the Program will be conducted:

  1. venues located in the cities of (i) Amritsar; (ii) Bhubaneshwar; (iii) Siliguri; (iv) Kolkata; (v) Dehradun; (vi) Chandigarh; (vii) Delhi; (viii) Indore; (ix) Ahmedabad; (x) Patna; (xi) Bangalore; (xii) Pune; (xiii) Jaipur; (xiv) Lucknow; (xv) Guwahati and (xvi) Mumbai, where the Participants shall be required to attend Level 1 and Level 2 of the Auditions;

  1. any venues located in the cities of Mumbai, Delhi and Kolkata, where shortlisted Participant(s) from Level 2 of the Auditions will be required to make themselves available for Level 3 of the Auditions, in the manner provided herein;

  1. any venues in the city of Mumbai, India, where the shortlisted Participants of Levels 3 are required to make themselves available for Level 4 and Level 5 of the Auditions.

Audition Period” in respect of auditions at Level 1, Level 2, Level 3, Level 4 and/or Level 5 shall mean audition the period for Auditions to be conducted in different cities in the Territory as stipulated and/or updated by the Company at its discretion on the Website from time to time required to be checked by the Participant(s) from time to time.

"Company/Star India" means STAR India Private Limited, the owner and rightholder of the Program.

"Contestant(s)/Participant(s)" Means a natural person, or group of natural persons comprising 2 or more individuals (“ Group”) who is/are between the following ages: (i) completed the age of 5 (five) years; and (ii) completed the ages of 55 (fifty-five) years as of July 1, 2019 being a citizen and resident of the Territory as per the applicable laws and enters the Auditions/Program.

Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR 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. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

Level(s)” shall mean collectively levels 1, 2, 3, 4 and 5 of the Auditions. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.

Minor” means any participant in the Auditions who has not yet completed 18 years of age as on 1 July 2019.

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

Program” means the Show(s) which shall be tentatively titled “DANCE PLUS - SEASON 5

Production House” means Frames Production Company Private Limited.

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

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

Special Show(s)” means any episode/s of the Show recorded with Participants 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 Participants will have to comply with along with all the other rules of the Competition.

Studio" means any location 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.

You”, “Your”, “ Participant or “Contestant ” means: (i) any participant in the Auditions; and (ii) in the case of Minors, the Parent of the Minor participating in the Auditions.

PRINCIPAL RULES

  1. The Auditions are an integral part of the Program. The Auditions will be conducted on-ground in the Audition Centre(s) located in the Territory and interested Participants shall be required to be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below.

  1. In case the Contestant(s) is a Minor , a Parent shall have provided prior consent to the participation of the Minor in the Auditions and the Program, and subject to Paragraph 4 below, shall accompany the Contestant(s) for all the levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier).

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

  1. Procedure to register

  1. Registration process at Level 1 of the Auditions will be at the respective Audition Centre(s) in India. To register and to participate in Level 1 of the Auditions, interested Contestant(s) shall have a unique registration code assigned to him/her at the Audition Centre (“Registration Number”)

  1. For Participants who are not Minors : Participants who are not Minors are required to furnish at the Audition Centre, valid government issued identification and such other personal information as may be required to be submitted, to enable the Company to verify their identity and age, and execute a registration form and consent letters in a form and substance as may be requested or provided therein, at the Audition Centre.

  1. For Participants who are Minors : Participation in the Auditions and the Program by Minors is subject to and conditional on the following being strictly adhered to:

  1. The Parent shall furnish: (x) a valid original government issued identification and such other personal information as may be required to be submitted, to enable the Company to verify their relationship with the Minor Participant, the identity and age of the Parent and the Minor Participant, and; (y) execute a registration form and consent letters in a form and substance as may be requested or provided therein; or

  1. In the event the Parent has not accompanied the Minor to Level 1 and/or Level 2 of the Auditions all of the following conditions must be adhered to:

  1. an Authorised Guardian (defined) shall furnish: (x) a valid original government issued identification of himself/herself, and such other personal information as may be required to be submitted; (y); an undertaking representing that the Authorized Guardian has prior written consent and authorization of the Parent of the Minor to participate in the Auditions and the Program in accordance with these terms and conditions and a copy of such consent and authorization duly executed by the Parent of the Minor; and (z) execute a registration form and consent letters in a form and substance as may be requested or provided therein.

  1. the Authorised Guardian shall accompany the Contestant(s) for Level 1 and Level 2 (if selected) of the Auditions and shall stay with him/her till completion of Level 1 and Level 2 (if selected) of the Auditions.

  1. The Parent must: (x) mandatorily accompany Minors who have been shortlisted for Level 3 (“Shortlisted Minors”) for Level 3 and all subsequent levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier) ; and; (y) furnish a valid original government issued identification and such other personal information as may be required to be submitted, to enable the Company to verify their relationship with the Minor Participant, the identity and age of the Parent and the Minor Participant, and; (y) execute a registration form and consent letters in a form and substance as may be requested or provided therein.

  1. In case the said Contestant(s) and or their Parent or Authorized Guardian is unable to furnish the documents required by Paragraph 4 (c) (i) and (ii) above, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s) [and in case the Contestant is a Minor, signature of his/her Parents and/or Authorised Guardians submitted by the Contestant(s) at the Audition Centre or at the Level 3 Auditions shall be considered a complete entry (“ Entry”).

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

  1. The Participant(s) and Parents and Authorised Guardians of Minor Participants (including for and on behalf of Minor Participants) 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) or their Parents and/or Authorized Guardian. In case the said Participant(s) and Parents of Minor Participants (including for and on behalf of Minor Participants) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

  1. All en tries for the Auditions at the respective Audition Centre(s) shall be on first cum first serve basis between 9 am to 2 pm or any other time as decided by the Company at its sole discretion. It is further clarified that the Company reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Contestant(s) shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

  1. Acts performed by Contestants during all Levels shall be evaluated by the Company or its representatives and /or renowned experts/choreographers appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s).

  1. The Auditions for the Program shall be conducted at the Audition Centre(s) in the manner as detailed below:

  1. LEVEL 1

  1. The Contestant(s) will be asked to perform a minimum of 1 (one) dance act, or additional dance acts in the discretion of the Panel (“Act(s)”).

  1. The Acts of the Participant(s) shall be evaluated by the Panel on the overall basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality or any such other criteria determined by the Company at its sole discretion.

  1. The Panel shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants and their Parents and/or Authorised Guardian (as applicable), in the case of Minor Participants.

  1. Based on the evaluations by the Panel, the top-rated performances shall be shortlisted, and the Participants shall be selected and eligible for participation in Level 2 of the Auditions to be conducted in the Audition Centre(s) in India. Provided that no Minor shall be deemed to have been selected for participation in Level 2, till the conditions at Paragraph 4 (c) above have been complied with.

  1. All Participant(s) selected and shortlisted for Level 2 shall be intimated (their Parent or Authorised Guardian as applicable will be intimated in the case of Minor Participants) about their selection on the same day and date as the Level 1 Audition, in person by any mode of communication, as the Company may deem fit at its sole discretion, and the Participant and/or Parent and/or Authorised Guardian (in case the Participant(s) is a Minor) shall be solely responsible being available at the Audition Centre and checking for communication received from the Company and/or the Production House. Such communication by the Company shall also give brief details (including the time) of the next level of audition – LEVEL 2, which shall take place on the same day and place as the Level 1 Auditions. The Contestants(s) [or the Parent or Authorised Guardian, in case the Participant is a Minor shall be required to give a confirmation of their presence at the Audition Centre(s) for Level 2 Auditions upon receiving such communication as the case may be.

  1. LEVEL 2

  1. Participant(s) and Authorised Guardians of Minor Participant(s) shortlisted at Level 1 shall be required to be present in the Audition Centre(s) in India, as may be informed by the Company, to participate and perform in Level 2 Auditions, on specific dates and time as decided and communicated by the Company. In case a Minor Participant was accompanied by an Authorised Guardian in Level 1 of the Auditions, the Authorised Guardian shall continue to remain with the Minor for the duration of the Level 2 Auditions, failing which the Minor Participant shall not be deemed to have been selected for Level 2 and shall be disqualified from the Auditions forthwith.

  1. The Participant(s) and Authorised Guardian of Minor Participants (including for and on behalf of the Minor Participants) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1. 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.

  1. The Participant(s) shall be required to perform an Act before the Panel as per their requirements. The performance of these Participant(s) shall be evaluated by the Panel on the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as may be determined by the Company in its sole discretion.

  1. The Panel shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants and their Parents and/or Authorised Guardian (as applicable), in the case of Minor Participants. Based on the evaluations by the Panel, the top-rated performances shall be shortlisted, and the Participants shall be selected and eligible for participation in Level 3 of the Auditions to be conducted in the Audition Centre(s) in India. Provided that no Minor shall be deemed to have been selected for participation in Level 3, till the conditions at Paragraph 4 (c) above have been complied with.

  1. 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 and/or Authorised Guardian shall have any objection to the same.

  1. The selected Contestants shall be eligible for the next level of selection, Level 3. Provided that no Minor shall be deemed to have been selected for participation in Level 3, till the conditions at Paragraph 4 (c) above have been complied with.

  1. All Participant(s) selected and shortlisted for Level 3 shall be intimated (their Parent or Authorised Guardian as applicable will be intimated in the case of Minor Participants) about their selection on the same day and date as the Level 2 Audition, in person or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and/or Parent and/or Authorised Guardian (in case the Participant(s) is a Minor) shall be solely responsible for being available at the Audition Centre and checking for communication received from the Company and/or the Production House. Such communication and notice provided by the Company shall also give brief details (including the date, place and time) of the next level of audition – LEVEL 3 which shall take place in or around Mumbai, Kolkata, or Delhi or such other place as may be decided by the Company (“ Main Cities”).

  1. Such selected Contestant(s) shall be required to be present in or around the Main Cities for the next level of selection on the date, time and place specified by the Company and/or the Production House.

  1. For clarity, a Minor shall not be allowed to participate in Level 3 Auditions, in the event such Minor is not accompanied by a Parent of such Minor for Level 3 of the Auditions and all subsequent rounds of Auditions till his/her elimination and/or completion of the Program (whichever is earlier).

  1. LEVEL 3

  1. Participant(s) and Parents in the case of Minor Participant(s) shortlisted at Level 2 shall be required to be present at the Audition Centre in the Main City which was communicated to the Participants and at such time, date and time as decided and communicated by the Company.

  1. In case a Minor Participant was accompanied by an Authorised Guardian in Level 1 and/or Level 2 of the Auditions, the Parent shall comply with the requirements set out at Paragraph 4 (c) above, failing which the Minor Participant shall not be deemed to have been selected for Level 3 and shall be disqualified from the Auditions forthwith.

  1. The Participant(s) and Parents of Minor Participants (including for and on behalf of Minor Participants) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1 or Level 2, 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 or Level 2. In case the said Participant(s) and Parents of Minor Participants (including for and on behalf of Minor Participants) 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.

  2. The Level 3 Auditions shall be conducted in two stages, Part A (“ Level 3A”) and Part B (“Level3B ”), as detailed below. Notwithstanding anything contained herein, no Participant shall be deemed to have been shortlisted for Level 4 at Level3A.

  1. Participant(s) shall be required to perform an Act before the Panel as per their requirements, and may be further interviewed by the Company and/ or Panel regarding his/her background, family history, dance experience, etc. The Act to be performed by Participants for Level 3A and Level 3B shall a single Act, performed once.

  1. The performance of these Participant(s) shall be evaluated by the Panel on the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as may be determined by the Company and/or the Panel 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 in case of Minor Participants) shall have any objection to the same.

  1. Level 3A: Basis the evaluation on the parameters set out at (C) (vi) (2) above, the lowest rated performances shall not be shortlisted for participation in Level 4 Auditions (“ Not-Shortlisted Participants”). Such Participant(s) who have not been shortlisted shall be intimated (their Parent will be intimated in the case of Minor Participants) about their selection on the same day and date as the Act, in person or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and/or Parent and/or Authorised Guardian (in case the Participant(s) is a Minor) shall be solely responsible for being available at the Audition Centre and checking for communication received from the Company and/or the Production House. It is clarified that Participants other than Not-Shortlisted Participants (“ Other Participants”) who have performed an Act in Level 3 shall not be deemed to have shortlisted for Level 4, unless they receive a communication in accordance with (C) (4) below.

  1. Level 3B: Basis the evaluation on the parameters set out at (C) (vi) (2) above, the Panel shall select and shortlist some but not all of the Other Participants, whose Acts are the top-rated performances for Level 4. Such shortlisted Participants shall be intimated (their Parent will be intimated in the case of Minor Participants) 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 and/or Parent (in case the Participant(s) is a Minor) shall be solely responsible for checking the email/calls received from the Company and/or the Production House. Such communication by the Company shall also give brief details of the next level of audition – LEVEL 5, address of the respective Audition Centre(s) in India, date and time of the Auditions, etc. The Contestants(s) or the Parent, in case the Participant is a Minor shall be required to give a confirmation of their presence at the Audition Centre(s) for Level 4 Auditions upon receiving an email or phone call. No Participant shall be deemed to have been shortlisted for Level 4 Auditions till such time they have received the communication mentioned in this Paragraph (4).

  1. LEVEL 4

  1. Contestant(s) and Parents of Minor Participants shortlisted at Level 3B shall be required to be present in Mumbai for the next level of selection on the day/days and time specified by the Company.

  1. The Contestant(s) and Parents of Minor Participants, will be required to register themselves by executing the necessary documents, in addition to those already provided and also by furnishing the documents as required to verify the Personal Details provided by the Contestant(s) /Parent of Minor Participants in previous Audition Levels. Each of the selected Contestant(s) /Parent of Minor selected Participants shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, personal identification, etc. provided by the said Contestant(s). In case the said Contestant(s) /Parent of Minor Participants is unable to furnish the original document(s) to verify the eligibility details and also submit self-affirmed photocopy of the same, the said Contestant(s) shall be disqualified by the Company.

  1. As a part of Level 4, the Contestant(s) shall be segregated into 4 (or such other number) of teams (“Teams(s)”) based on a randomized draw. It is clarified that the randomized draw is only for the purpose of segregation of Contestants into Teams and no Contestant shall be eliminated during such draw. The decision of the Production House and the Company regarding the placement of each Participant in a particular Team shall be final and binding and the Contestant(s) shall not challenge /dispute such decisions .

  1. Each Team will be placed under the mentorship of one esteemed expert in the field of dance engaged by the Company at its sole discretion (“Captain”), who shall be required to judge the performance of the Participants in his/her Team.

  1. Each Participant(s) shall be required to perform an Act before their Captain and as per the Captain’s requirements. The performance of these Participant(s) shall be evaluated by the Captain on the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as may be determined by the Company in its sole discretion.

  1. The Captain shall have the sole authority to judge and rate the performance of all the Participants in his/her Team and their decision shall be final and binding on all Participants and their Parents in the case of Minor Participants.

  1. Based on the evaluations by the Captains, the Company shall select top-rated performances for participation in Level 5 of the Auditions to be conducted in Mumbai. The selected Participants shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of Level 5 of the Auditions at the Studio, as may be informed by the Company from time to time.

  1. In the event of the failure of any of the Participants from attending Level 5 Auditions at Studio by the aforesaid time for any reason whatsoever the Company shall at its own discretion be entitled to disqualify such Participants.

  1. LEVEL 5 – (TELEVISED AUDITIONS)

  1. Contestant(s) and Parents of Minor Participants shortlisted at Level 4 shall be required to be present in Mumbai for the Level 5 Studio Auditions on the day/days and time specified by the Company.

  1. The Contestant(s) and Parents of Minor Participants, will be required to register themselves by executing the necessary documents, in addition to those already provided and also by furnishing the documents as required to verify the Personal Details provided by the Contestant(s) /Parent of Minor Participants in previous Audition Levels. Each of the selected Contestant(s) /Parent of Minor selected Participants shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, personal identification, etc. provided by the said Contestant(s). In case the said Contestant(s) /Parent of Minor Participants is unable to furnish the original document(s) to verify the eligibility details and also submit self-affirmed photocopy of the same, the said Contestant(s) shall be disqualified by the Company.

  1. Level 5 will be held in the Studio in Mumbai. The Contestant(s) shall be evaluated by an esteemed pane of experts in the field of dance including the Captains, who shall be judging the performance of Participants in the Program and /or forming part of the Program (“Judges”) engaged by the Company at its sole discretion.

  1. Each Participant(s) shall be required to perform an Act before their Judges and as per the Judge’s requirements. The performance of these Participant(s) shall be evaluated by the Judges on the basis of their dancing skills including versatility, technique, style, overall stature of their performance, ideas, entertainment factor, uniqueness and personality and such other criteria as may be determined by the Company in its sole discretion.

  1. The Judges shall have the sole authority to judge and rate the performance of all the Participants in his/her Team and their decision shall be final and binding on all Participants and their Parents in the case of Minor Participants.

  1. Based on the evaluations by the Judges, the Company shall select Show Player(s) from amongst the Contestant(s) who participated in Level 5. 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 from time to time.

  1. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outside India in Level 5, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.

  1. The selected Show Players will need to reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program.

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

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

  1. Participant(s) who have 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 Contestant(s) agree to fully co-operate with the Company for any additional information that may be required by the Company to evaluate the facts related to the matter.

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

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

  1. For the avoidance of doubt, if a Contestant gets disqualified in the Level 1 Auditions, then he/she is not restricted from participating in another Level 1 Audition at any other Audition Centre(s)

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

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

GENERAL RULES

  1. The Auditions is strictly open to Participant(s) between the age of 5 (five) years and 55 (fifty five) years, i.e. 5 (five) years or above and 55 (fifty five) years or below as ofJuly 1, 2019 being a citizen of and residing in India or a citizen of Nepal residing in Nepal or India during the Audition Period, as per the respective applicable laws of the Territory.

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

  1. In the event the Participant and Parents of Minor Participants is found to be in violation of any applicable laws at any point of time during the Auditions and /or Digital Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions. Further in case of Minor Participants, it is the onus of the Parent to ensure that the participation of such Minor Participant is as per the applicable laws. In case it is found to be otherwise by the Company then immediately such Minor Participant shall be disqualified.

  1. Participant and/or the Parents of Minor Participants , represent to the Company that the Participant and the Parent (including for and on behalf of the Minor 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/ and the Parent (including for and on behalf of the Minor Participant) from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein.

  1. The Participant and Parents of Minor Participants (including for and on behalf of the Minor Participant) shall not make any claims against STAR, Channel, their directors, employees arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Auditions or any related activity including any unauthorized access of the Videos, etc. If the Participant and the Parent (including for and on behalf of the Minor Participant) is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

  1. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s)/Parent in case of a Minor Participant and the telecom/mobile operator directly, without involving Company. For the purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit/Post” button. For the avoidance of doubt, by submitting the Entry the Participant(s) and the Parent (including for and on behalf of the Minor Participant) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

  1. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant (s) and the Parent or Authorised Guardian in case of a Minor Participant in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant (s) and the Parent (including for and on behalf of the Minor Participant) shall hold harmless the Channel, Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant (s)/Parent and/or Authorized Guardians of the Minor Participant, in any manner whatsoever in connection with the Program and/or any aspect of the Auditions and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

  1. The Participant and/or Parents of Minor Participants, acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant and/or the Parents of Minor Participants, fully understand this aspect of the Program and shall neither hold the Production House/STAR liable for any such depiction nor shall make any claims in respect of the same against the Production House/Star and/or the Channel or any of its representatives and/or the Jury.

  1. The Panel, the Company and/or the Production House reserve the right to stop/interrupt the Contestant(s) during the Act(s) and the Contestant(s) shall have no objection to the same.

  1. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outside India in Level 3, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.

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

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

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

  1. Reference to Minor Participants or Minor Contestants in this T&C means and includes Minor Participants who are: (i) individual Participants; and (ii) and Minors who form a part of a Group, irrespective of whether or not the remaining members of the Group are Minors or not.

  1. Disqualification of any individual Participant who forms a part of a Group shall result in disqualification of the Group, unless the Production House and/or the Company, in their sole discretion decide that the remaining members of the Group should not be disqualified.

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

  1. The Company reserves the right to select any number of Contestant(s) from any Level of Auditions.

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

  1. For Level 1 and Level 2 of the Auditions, the cost of arranging the requisite travel and lodging including travel documents (including but not limited to valid passport, requisite visa, etc.) shall be borne by the Contestant(s) and Parents of Minor Participants.

  1. For Level 3, Level 4 and Level 5 of the Auditions, 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 Parent of the Minor Participant(s). The Company and/or the Production House may in their sole discretion, offer to bear cost of travel and lodging of such Contestant(s) on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Contestant(s)/Parent of Minor Participants and subject to the Contestant(s) /Parent of Minor Participants providing the Company with actual receipts/documentation evidencing such expenses.

  1. If the Participant(s) fails to attend any level of 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.

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

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

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

  1. The Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement regarding any event or any person alive or deceased, or do anything in the nature of an endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

  1. The Participant(s) and Parents of Minor Participants, shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the Participants, names and identity of the selected Show Players, Judges or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant and Parents of Minor Participants shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company.

  1. The Participant(s) and Parents of Minor Participants 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) /Parent of Minor Participant shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

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

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

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

  1. Participant (s) /Parents in case of Minor Participant specifically agrees, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“ Footage”) and agree that the Footage may be used by the Company as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with the Company worldwide in perpetuity and the Company is entitled to exploit the same in any manner it may deem fit.

  1. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the Parents of Minor Participants for and on behalf of Minor Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant and Parents of Minor Participants for and on behalf of Minor Participants, 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 Parents of Minor Participants for and on behalf of Minor Participants 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 Parents of Minor Participants hereby agree that neither the Participant(s) nor Parent of Minor Participants (including for and on behalf of Minor Participants) shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘ Offer’). The Participant and /or Parents of Minor Participants for and on behalf of Minor Participants agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

  1. The Participant(s) and Parents of Minor Participants waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the Participant(s) and Parents of Minor Participants further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the Parents of Minor Participants acknowledges that the Entry submitted and /or Videos submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

  1. The Participant agree and acknowledge that the Channel /STAR shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

  1. The Participant shall make themselves available from time to time and co-operate with the Channel and/or STAR and participate in any activity and/or campaign and /or events (“ Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions, without any money payable or other consideration payable to the Participant. Further, the Participant shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

  1. Participant(s) and Parents of Minor Participants for and on behalf of Minor Participant hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion of the Program all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or STAR or the Channel without notice to the Participant and Parents of Minor Participants and without any further compensation to the Participant and Parents of Minor Participants.

  1. The Participant and Parents of Minor Participants including for and on behalf of the Minor Participants agree that in consideration of being given opportunity to participate in the Auditions ,they shall hold harmless the main sponsor (if any), Channel, STAR its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

  1. The Participant and Parents of Minor Participants including for and on behalf of the Minor Participants agree to keep STAR India, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Video(s), by STAR and /or any of its affiliate companies and/or channels.

  1. The Participant and Parents of Minor Participants including for and on behalf of the Minor Participants, agrees that STAR shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. STAR shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) and/or Parents of Minor Participants acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

  1. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) and Parents of Minor Participants by the Production House and/or STAR which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR, as the case may be, and is valuable, special and unique to the business of Production House/Star India, as the case may be. Participant(s) and Parents of Minor Participants including for and on behalf of the Minor Participants agree that the Participant/Parents of Minor Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

  1. Participant(s) and Parents of Minor Participants shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

  1. All obligations, representations, warranties, grant of rights in relation to a Participant who is a Minor as on July 1, 2019 shall be deemed to be provided by the Parent (including for and on behalf of the Minor Participant).

  1. The Participant and Parents of Minor 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 country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

  1. Participant and Parents of Minor Participants acknowledge that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

  1. The participation of the Participant the in the Auditions shall mean that the Participant and Parents of Minor Participants have jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

  1. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant Couple(s) who has raised the dispute.

  1. 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 agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

Koffee Time Machine contest

Terms & Conditions

The following are the terms and conditions governing the “ Koffee Time Machine” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for promotion of the program “Koffee Time Machine(“Program”) aired at 7:00 pm on Star World SD and HD (“ Channel”) from September 2, 2019 onwards Monday to Friday till the last episode of the Program. The Contest shall be held on Star World Twitter profile at the URL https://twitter.com/StarWorldIndia (“Twitter Page”) with the @StarWorldIndia handle (“Twitter Handle”) on September 2, 2019.

The Contest invites interested persons to participate in the Contest by tweeting the hashtag “#KoffeeOnStarWorld” (“ Hashtag”) and following all required mandates herein below (“Participant(s))” for the Contest Period ( as defined below).

The Contest shall commence on September 2, 2019, 2 pm onwards, and end at 5 pm on September 2, 2019 (“Contest Period/Period”).

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

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

By participating 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:

a) Participant(s) must be citizen and resident of India and of 18 (eighteen) years of age or above at the start date of the Contest Period. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.

b) Employees of and/or consultants of and/or persons hired on contract by Star India and the members of their immediate family are ineligible from participating in the Contest.

c) All Participant(s) must have a valid Twitter 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 a Twitter account opened and operated by a family member and/or friend of the Participant(s).

d) The Participant(s) should be well versed in English language - both written and spoken.

e) e) Contest Mechanism

i. The Contest invites interested persons to participate to win Koffee mug by answering any of the 15 (fifteen) rapid fire questions asked by the host of the program Koffee with Karan, Karan Johar on the posts shared on the Twitter Page by Star India. To qualify, the interested persons are required to provide the prompt, creative and quirky answer, as required by Star India (“Participant(s)”).

ii. Participant(s) are required to answer in a prompt, creative and quirky manner any of the 15 (fifteen) subjective rapid fire questions, in relation to the Program, by tweeting it on the official Twitter Page using the hashtag “#KoffeeOnStarWorld”; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/ Entries”).

iii. Entries submitted without the respective and correct Hashtag and tagging the Twitter Handle shall be considered null and void.

f) For the avoidance of doubt, for the purpose of calculation of the time period taken by the Participant(s) to publish an Entry, Star India shall rely on the time stamp of such Entry. Star India’s decision in this regard shall be final and binding.

g) It is the sole responsibility of the Participant(s) to ensure that the Entry submitted does not infringe the rights of any third party including rights in any intellectual property and shall be original in form. Duplicate Entries and/or two or more identical Entries shall be disqualified from the Contest.

h) The Participant(s) shall ensure that the Entry is decent and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, defamatory of any person deceased or alive, etc.

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

j) Each Entry shall be evaluated and judged inter alia, on the basis of its promptness and quirkiness. Each Entry shall be judged by the representatives of Star India as deemed fit in their sole discretion. The decision of Star India is final and binding in this regard.

k) At the end of the Contest Period, out of all the Entry/ies received on the Twitter Page within the Contest Period, 50 (fifty) Participants whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be selected by Star India and shall be eligible to win the Contest (“Shortlisted Participant(s) ”). Such Participant from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win.

2. The Shortlisted Participant(s) will be contacted via Direct Message (“Private Message”) to provide their name, age, email id and phone number (“Contact Details”) to hello@startv.com within 24 hours of such Private Message. In the event any Shortlisted Participant(s) fails to submit their details their Entry within the stipulated time shall be invalidated and disqualified.

3. Upon receipt of the Contact Details, Star India shall contact the Shortlisted Participants via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g., 10th Class leaving Certificate/ School certificate/ college certificate any other valid ID for verification of age and nationality) (“ Documents”) within 24 (twenty four) hours of such email. In the event, any Shortlisted Participant(s) fails to submit the Documents his/her participation shall be invalidated and shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

4. Star India shall make only one (1) attempt to reach the Shortlisted Participants within thirty (30) days of being intimated by Private Message. In case such Shortlisted Participant(s) fails to revert, his/her selection shall be invalidated and disqualified and Star India shall not be responsible/liable to such Shortlisted Participant(s) in any manner whatsoever and Star India shall be free and entitled to award such Prize ( as defined below) to any other Participant/ Shortlisted Participant as maybe decided at the sole discretion of Star India.

5. Upon verification of the Documents submitted for the purposes of the Contest, Shortlisted Participant(s) that are in compliance with Terms and Conditions requirements stated herein, shall be contacted via “Direct Message” option on Twitter, informing them that the said Shortlisted Participant is the winner of the Contest for the Contest Period (“ Winner”). The total number of Winners shall under no circumstances exceed 15 (fifteen), i.e., one winner for each question. The Winner for each question acknowledges and agrees that the same Winner shall not win the Prize for more than 1 (one) question and therefore, will be deemed disqualified for such question.

6. Communication to the Winners shall be done on or before September 25, 2019 and the Prizes will be dispatched to the Winners on or before October 10, 2019 In an unlikely event if the Winners announcement is postponed and/or or dispatch of the Prizes delayed for any reason whatsoever, then Star India will not be held responsible.

7. 15 (fifteen) Winners shall be chosen and will win the Koffee mugs (“ Prize”). The Prize to be awarded to the Winners shall be decided at the sole discretion of Star India. 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 Star India.

8. Star India shall courier the Prize to the Winners to the address (in India only) as provided and confirmed by the Winners through the Documents as submitted by them under the terms of the Contest.

9. Upon dispatch of the Prize, in case during transit, if any loss/damage etc. is caused / incurred, Star India will not be liable for any such loss/damage etc. Further, Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Winner.

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

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

12. The Participant understands that the Star India may at its sole discretion, develop and exploit the Entry to create a film (“ Film”), to be decided at the sole discretion of Star India. The Film maybe be aired and/or any channel and/or any platform including but not limited to social media platform of Star India and/or its affiliates and/or any authorized third party, as deemed fit by Star India.

13. In consideration of being giving an opportunity to participate in the Contest, the Participant hereby assigns all rights, title and interest in and to the Materials in favour of Star India for Star India’s Exploitation (as defined below). The Participant agrees and has no objection to Star India’s right to develop/adapt/modify/change the Entry, creatively as deemed fit by Star India.

“Exploitation/Exploit” shall mean the exploitation of the Entry including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, 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.

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

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

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

14. 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 user generated content policy of Twitter. It is further clarified that such platform 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 the respective owners/licensees of the social media platforms shall be resolved directly with such owners/licensees, without any recourse to Star India.

 

II. General Rules -

1. Star India reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without any recourse and/or liability to any/ all of the Participant(s) whatsoever and without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest and the Privacy Policy on the website of Star India i.e., www.Startv.com. The Contest is not sponsored, endorsed, administered or associated with Twitter in any way.

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 Twitter account, Star India reserves the right to disqualify such Participant(s) from the Contest.

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

7. Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India. Star India shall not be responsible 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 Twitter.

9. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Shortlisted Participant(s)/ Winner is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner.

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

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

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

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

11. The final selection of the Winners shall be made by the Star India and shall be final and binding on all Participant(s)/Winners and in no event shall the Participant (s)/Winners dispute the decision made by the Star India or its employees in connection to the Entry and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of Star India shall be final and binding.

12. The Winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the 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.

14. Star India shall not be responsible or liable for any change in the Prize.

15. The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize.

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize.

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

18. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

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

20. Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data 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. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

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

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

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

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

25. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

29. The Participant(s)/Winner acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of fifteen (15) days, then Star India shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant/Winner forthwith and such decision shall be final and binding on the Participant(s).

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

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

32. The Participant(s)/ Winner agrees and confirms that in the event that the Participant(s)/ Winner does initiate a claim, proceeding, suit, action, against Star India, in connection with the Prize, and/or any technical defect in the receipt of the Entry and/or informing the Winner, the sole and entire compensation to be awarded to the Participant(s)/ Winner in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to the value of the Prize awarded to the concerned Participant/ Winner.

 

33. The Participant undertakes that the Participant shall adhere to the policies of Star India as informed to the Participant from time to time. The Participant shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. The Participant’s attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

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

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

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

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

 

38. These Terms and Conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Contest and/or the Prize shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s)/ Winner.

39. Subject to the provision of Clause 38 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.

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

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

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

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

Missed Call-e Bazimat Contest

TERMS AND 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 ‘ …Missed Call Bazimat” (‘Contest’) which will be hosted by Star India Pvt. Ltd. (“Star India”) for the purpose of promotion and viewer engagement of its channel ‘ Star Jalsha ’ (“Channel”) The Contest will be conducted on the Channel. The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.

Star India reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Star’s Website (defined below), unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defense in any proceeding with regard to the Contest.

To participate in the Contest, the Participant may be required to disclose his/ her personal information to Star India from time to time such as name, contact number, email ID, residential address, and/or other personal information. (“Personal Information”). Star India is committed to protecting the privacy and the confidentiality of the Personal Information received. Star India uses commercially reasonable efforts and general industry standards to protect such information from any unauthorized access or disclosure. Such information in dealt in the manner laid down in the Privacy Policy of Star India available at http://www.startv.com/legal-terms-policies/#contest-tandc (‘Website’).

Any information gathered through these Terms and Conditions shall be subject to our Privacy Policy which is available at our Website incorporated herein by reference. Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”). If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to agree to these General or Principal Rules (as stated herein below) or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Contest. The Contest shall be governed by the Terms and Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.

The Privacy Policy available at the Website shall govern all usage of any Personal Information and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information in relation to Your participation in the Contest gathered under or pursuant to this Contest by STAR India (if any).

Principal Rules

1. Star India shall announce and market the Contest via on air promotions and astons on the Channel, in-show promotions on the Channel, the Channel’s social media platforms, and/or other channels of Star India, Newspaper ads, Radio, Outdoor and Digital or through any other medium of exploitation which shall be at the sole discretion of Star India from August 25, 2019 onwards.

2. The Contest shall commence from 27 August 2019 at 12:00 pm IST and shall conclude on 29 February 2020 at 21:00 pm IST (“ Contest Period”) .The Contest shall be a weekly contest triggered via the mechanism as mentioned below in clause 4 , starting at 12:00PM Indian Standard Time (“IST”) every Tuesday of a week and ending on 21:00_PM IST of every Monday of the corresponding week of the Contest Period (“Weekly Period”) during the Contest Period (defined below). Star India reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. Star India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s). It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest from time to time. Star India reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants (ii) make amendments to the existing Terms & Conditions or Contest Period or withdraw, change, alter, amend the Terms and Conditions (iii) extend or curtail the Contest Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates in the Terms and Conditions and abide by the same without any recourse to STAR for any reason whatsoever.

3. The Contest shall comprise of 1(one) multi choice question, based on any programs of the Channel that shall be triggered on a weekly basis during the Weekly Period the Contest Period (“ Weekly Question”). The total number of Weekly Questions triggered during the Contest Period shall not exceed 25 multi choice questions. It is clarified that the Questions will be refreshed on a weekly basis by Star India on every corresponding Tuesday of the Weekly Period at 12 pm IST during the Contest Period. It is clarified that each Weekly Question(s) of the Contest triggered during the Contest Period shall be strictly based on the contents of programs being telecast on the Channel on during the Contest Period.

4. To participate in the Contest and to be eligible for the Prize (as defined below), all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Weekly Period/Contest Period:

a. The interested Participant shall be required to give a missed call (“Missed Call”) through his/her mo bile number of any service provider (“Calling Number”) by dialing the toll free number - 8367797001 (“Unique Number”);

b. An outbound call will be made from an interactive voice response system (“IVR Call System”) to the Calling Number within an hour from the time of receipt of the Missed Call on the Unique Number (“ Outbound Call”);

c. If the Participant is desirous of proceeding further then she must answer the Outbound Call immediately and press relevant key options on his/her mobile or such other key as per the instructions in the Outbound Call;

d. The Participant shall then be required to choose the correct answer for each of the Weekly Question triggered during the Outbound Call from the answer choices given for each Question by entering in the correct number pertaining to such answer by pressing the key/s OR in the format as provided during the Outbound Call (“ IVR Call Answer/ Daily Answer”);

e. The Participant shall ensure to correctly press (#) hashtag or (*) asterisks or any key from time to time during the Outbound Call, as per the instructions in the Outbound Call.

f. Once all the information and the IVR Call Answer provided by the Participant are recorded in the IVR Call System, the Participant will hear a recorded audio message saying “ “ Thank You. Your Answer has been successfully submitted.” and the call will be considered complete and further disconnected automatically.

g. In the event that the voice call was not played to the Participants due to a disruption in functionality and/or network, or a fault in the mechanism, and the IVR Call Answer is not received by STAR India, STAR India will not be held responsible for the same. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.

h. Giving a Missed Call on the Unique Number, answering Outbound Call made from the IVR Call System, submitting the correct IVR Call Answer for each of the Weekly Question triggered during the Weekly Period on Outbound Call, recording the Voice Message in the manner provided above and correctly pressing (#) hashtag or (*) asterisks as per the instructions in the Outbound Call, shall be considered as a complete and valid entry for the purpose of the Contest (“IVR Call Entry/ Entry ”). If the Participant fails to follow the procedure mentioned above in the order stated and submit the Entry or she is not residing in the State of West Bengal or she is a minor who submits an IVR Call Entry (even if such IVR Call Entry is correct) then the Participant(s) shall be ineligible to be shortlisted for the Gratification (as defined below). For the avoidance of doubt, by submitting the IVR Call Entry, the Participant(s) is representing that contents thereof are not confidential or comprise any sensitive personal information.

i. For sake of clarity it is stated that any missed calls given from any public number viz. PCOs and/or STDs will not be considered valid by the IVR Call System and the same will be disqualified.

j. It is clarified that each Participant shall be entitled to submit /provide the IVR Call Entry only once through the Outbound Call triggered after giving a Missed Call from a particular Calling Number during the Contest Period. In the event a Participant submits/provides an IVR Call Entry multiple times from a particular Calling Number, or multiple times through other numbers, then only the first IVR Call Entry submitted by such Participant shall be taken into consideration and the remaining IVR Call Entry (s) shall be rejected and declared null and void. Further the IVR Call Entries received by STAR India after Weekly Period /Contest Period will not be considered for the purpose of the Contest and shall be deemed null and void without requirement of any further intimation by Star India.

k. It is further clarified that for the purposes of the Contest and to be eligible for the Prize, it is mandatory that the Calling Number through which the Participant participates in the Contest is duly registered in his /her name or his/her immediate family member’s name.

l. The Participant will not be charged for giving a Missed Call on the Unique Number and/or for participating in the Contest.

m. STAR India 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 IVR Call Entry and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete IVR Call Entry and /or Entries with incorrect and/or inadequate information, shall be considered null and void at the sole discretion of STAR INDIA and will be disqualified from participating in the Contest.

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

o. Only Participants who are 18 (eighteen) years and above and residents of the State of West Bengal in India and having a valid address proof for the same shall be eligible for participating in the Contest.

5. Star India and/or the Channel reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason whatsoever. The decision of Star India and/or the Channel in this regard shall be binding upon the Participant(s).

6. At the end of each respective Weekly Period of the Contest Period , from amongst the Participant(s) who have submitted the correct Answer and /or valid Entry for the Weekly Question triggered in during corresponding the Weekly Period, in the manner as stated hereinabove shall be shortlisted by Star India at its sole discretion and subsequently out of these shortlisted Participant(s), STAR India shall by way of random selection at its discretion, from the aforementioned shortlisted Participant(s )select and declare 01 (one) winner for the particular Weekly Question triggered during the corresponding WeeklyPeriod (“Weekly Winner/ Winner”). and shall be eligible for the Prize. The total number of Winner(s) selected by Star India during the Contest Period shall not exceed 25 (twenty five), i.e. One Winner to be declared on a weekly basis during the Weekly Period. For the purposes of this Contest, it is clarified that if a Participant(s) has been declared a Winner for a particular Weekly Period and has won a Prize (as defined below) once, then although he/she shall not be eligible to be declared Winner again nor shall he/she be eligible for any additional Prize. One Winner shall be declared every week on every Wednesday after the completion/expiry of every Weekly Period. Each Winner shall be entitled to entitled to gratification in the form of an opportunity of having a famous leading artist from the programs of the Channel visit his / her home on a date and time as decided by the Channel at its sole discretion , subject to the artists availability .(“Prize”). Star India will not be liable if there is any change in the cast of such celebrities. It is clarified that Star India shall at its sole discretion select the Weekly Winner on each week of the \\\Contest Period amongst the qualifying Entries by way of a random selection based on the criterion mentioned herein. The Winners shall be declared on social media platforms of the Channel at Star India’s discretion

7. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Weekly Prize. Only the Participant(s) (i) being residents of the State of West Bengal having a valid address proof for the same and (ii) having made a valid Entry in respect of identifying the correct number of times the Digitized Bug triggers during the Daily Period shall be eligible to be considered for the purpose of winning the Weekly Prize. It is further clarified that save and except the Daily Prize stated hereinabove, the Participant(s)/ Winner shall not be entitled to any other form of gratification (monetary or otherwise) from Star India. Entries sent after expiry of the Answer Period on a particular day or after the Contest Period will not be considered for the Contest and shall be deemed null and void.

8. The Weekly Winners shall be contacted by Star India on the phone number through which the Entry had been submitted by them to Star India informing them that they are have been selected as one of the Weekly Winners of the Contest. He/she shall be required to submit to Star India certified true copies of their ID proof, Age Proof and Address Proof which shall be a valid Passport Copy/ Pan Card Copy/ Driver’s License/ Aadhar Card/ Paid Electricity Bill/ Last Two Months Bill for the phone number registered with Star India (from which the Participant has submitted his/her Entry in the Contest) (“Winner’s Documents”). The Weekly Winner is required to submit the Winner’s Documents to Star India at the address/email ID as may be specified by Star India within forty eight (48) hours from the time of the telephonic communication received from Star India by the Winner, failing which Star India shall at its own discretion be free and entitled to select another Winner on a random basis.

9. Further, Star India shall make a maximum of 3 (three) attempts (over a period of 1 (one) day) to reach the Weekly Winner on the phone number as shall be registered with Star India. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, Star India shall make maximum 1 (one) attempt to call the Winner. In case any the Winner is unavailable on all the attempts, the selection of that Winner shall be invalidated and Star India shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry during the Contest Period. For the avoidance of doubt such choice of new Winner by Star India shall be final and binding. Star India shall not be responsible if any of the Winner is not available on the phone number provided by him/her and as a result of which, the Winner loses his/her chance to the Prize and such decision of Star India shall be final and binding.

10. In the event the said Winner fails to adhere to the instructions of Star India and/or fails to submit all the requisite identification documents as more particularly mentioned in clause 16, then his/her selection shall be invalidated and Star India shall not be liable to that Weekly Winner in any manner whatsoever. Star India and/or the Channel reserve the sole right to decide the Winners of the Contest.

11. Star India reserves the right to announce the Winners on social media platforms of Star India or such other platform(s) as may be deemed fit by it.

12. It is clarified hereby that Star India shall have a discretionary right to postpone/ cancel/change the nature of the Prize due to unavoidable circumstances.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize or guarantee or warranty shall be given to the Winners and the Winners cannot exchange the Prize for a gift or any other product of equivalent or higher value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize as the case may be, to any other person.

14. Any and all taxes and/or levies in relation to the weekly Prize applicable under the laws of India shall be borne by the Weekly Winner.

15. The decision of Star India and/or the Channel on any and all aspects of the Contest shall be final and binding on all the Participant(s) and by participating in the Contest, it shall be construed that the Participant(s) has waived his/her right to raise any dispute against any decision made by Star India and/or the Channel.

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

17. The final selection of the Winners shall be made by Star India and shall be final and binding on the entire Participant(s)/ Winners/ Weekly Winners and in no event shall the Participant(s)/ Winners dispute the decision made by Star India or its employees in connection to the Entry/Answer and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of Star India shall be final and binding.

18. The Participant/ Winner shall not in any circumstances make any claims against Star India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/Winner participation or non-participation in the Contest or any related activity. If the Participant/ Winner are found to be ineligible, or if he or she has not complied with these Rules and Regulations, the corresponding Entries will be disqualified.

19. The Participants/ Winner(s) shall at all times comply with the applicable laws, the Terms and Conditions on which this Contest is hosted.

20. By entering the Contest, each Participant(s Weekly Winner acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize/ awarded, shall be resolved individually, without resort to any form of class action; and (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.

21. Star India reserves the right to disqualify any Participant(s)/ Weekly Winner(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by Star India from time to time. Star India reserves the absolute right and discretion to reject any Entry/ Answer at any stage of the Contest, including after declaring the Winners, if Star India:

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

b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person or to which the Participant does not have any right to; or is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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.

22. The decision of Star India in this regard shall be final and binding upon the Participant(s)/ Weekly Winner.  The Weekly Winner and /or Participant(s) / Weekly Winners shall not in any circumstances make any claims against Star India entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the Participant(s)/ Winner’s participation or non-participation in the Contest or any related activity. If the Participant/ Winners are found to be ineligible, or if he or she has not complied with any of these Terms and Conditions, the corresponding Entries will be disqualified.

23. In consideration of the participation in the Contest, Participant/ Winner hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media for the entire world to Star India. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/ Winner in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub-licensable license to Star India for use in the entire world in any media and form as Star India may deem fit, of the texts, Entry or any parts thereof submitted during the Contest to Star India including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/ Winner waive any so called moral rights in the Entry.

24. Neither Star India and/or Channel nor its employees have given a guarantee or warranty regarding the quality of the Prize and the Winner agrees not to hold Star India and/or the Channel and its employees, responsible with regards thereof.

25. By participating in the Contest, it is construed that the Participant(s) has read and understood these Principal Rules including the General Rules stated below and has agreed to abide by the same.

26. 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.

GENERAL RULES

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

2. The entry process is strictly open to Participant (s) residing in the State of West Bengal 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.

3. Proof of age, if requested, of the Participant(s) in the Entry must be submitted to Star India (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by Star India to confirm the eligibility of the Participant(s). Star India also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant(s) at any point in time during the Period.

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

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

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 Participant(s).

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

8. In case a Participant is found to be in non-conformance of the Terms and Conditions, Terms of Use, User Generated Content, or Privacy Policy then Star India will disqualify the votes received from that Participant.

9. 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 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.

10. Star India will not entertain any requests or claims to verify/audit/challenge the logic of the factors relevant for determining the winner(s).

11. In case of any telecom and /or network failure and /or technical failure in submitting and /or providing the Answer(s) to the Contest and/or for any reasons whatsoever, Star India reserves the right to at its sole discretion to change the SMS mechanism for submitting the Answer(s) and /or cease from accepting Answer(s) of the Participants for any and /or all Daily Questions of the Contest 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 SMS mechanism for submitting the Answer(s) including without limitation system/failure in the mechanism of recording SMS close or default /logging on SMS beyond the end time stated in these Terms and Conditions and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of Star India.

12. While all attempts will be made to protect the voting data from loss and/or corruption, viewers agree and acknowledge that all system are prone to failure and hacking attempts. In the event of any data loss, Star India shall make reasonable endeavors and may disqualify all the votes received or conduct a re-voting or continue with whatever data available in the manner it deems is fit. Star India shall not be responsible for any damage resulting from the loss of data or action taken by Star India on account of the same. Star India will not be responsible to make good any loss or dissatisfaction suffered by the participant on account of such loss.

13. The Winner agrees to maintain complete confidentiality regarding their selection for the Prize and any matter relating thereto and shall not disclose any information pertaining to the Prize or the Contest which is disclosed to the Winner and which is not available to public in general, to any person or media etc. without the consent of Star India. In case the Winner breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.

14. The Prize cannot be transferred, negotiated, refunded or exchanged for money etc. For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Daily Prize will be recorded by Star India or will be incorporated in any program or find mention in any of the Star India’s Program.

15. Star India shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Prize and the same, and if applicable, Winner agrees that the same shall be solely borne by the Weekly Winner.

16. Star India shall not be responsible for any Entries/Answer 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 is wrong, fraudulent or any misrepresentation is made by the Winner. Star India shall have the right to declare another Participant(s) as the Winner of the Contest, at its sole discretion and transfer the Prize to that person. Such decision of Star India shall be final and binding.

18. The winner(s) of the contest are expected to treat the celebrities with dignity and respect. If the Star team observe winner(s) behaving inappropriately, Star India reserves the right to suspend the gratification to the winner(s) and such winner(s) will not have any rights to claim any damages.

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

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

21. The weekly Winners of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Star India and participate in any activity and/or campaign (" Promotional Activity") of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Daily Winners agrees that the footage of any nature with regard to the Daily Winner from such Promotional Activity and any recording thereof shall vest with Star India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and Star India may exploit the same in any manner and in any media whatsoever at any time throughout the world.

22. The Participants/ Weekly 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/ Weekly Winner shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion.

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

24. 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/.

25. For the sake of clarity, if the Winner/ refuses to accept the Prize/ awarded within 2(two) days of the intimation of the same from Star India, Star India shall be released from all obligations towards the Winner/ in connection to the Prize/ won by the Winner/. Further, after forfeiting the Prize/ , Star India shall be entitled to select and declare another Winner/, as it deems fit, and award the Prize/ , to that Winner/ and such decision of Star India shall be final and binding.

26. Further, Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner/ is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Winner/.

27. Neither Star India nor its employees have given a guarantee regarding the quality of the Prize / and the Winner/ agrees not to hold Star India and/or the Channel and its employees, responsible with regards thereof. It is clarified that Star India and/or Channel shall not be responsible for the brand, quality, value etc. in connection to the Prize/ and the supplier/ manufacturer shall be solely responsible for the same.

28. The Winner/ agrees that he/she shall not hold Star India and/or the channel and/or their employees, responsible for delays or any problems in connection to the Prize.

29. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner/ shall hold harmless and indemnify the main sponsor, if any, 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 Missed Call and/or the Prize won and/or any material submitted forming part of the Entry/Answer 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.

30. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s)/Winner/ in any manner whatsoever, in relation to the Contest.

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

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

33. The Participant(s)/Winner(s) / acknowledges that in case the performance of this Contest and/or availing the Prize/ cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then Star India shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner/ Winners forthwith and such decision shall be final and binding.

34. Participant(s)/Winner acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of 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.

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

36. The Participant(s)/ Winners shall comply with the laws of India.

37. The Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the selection of the Winner and/or Prize and /or grand Prize and/or the Contest shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant/Winner who has raised the dispute.

38. Subject to the provision of 38 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

BIGG BOSS - Telugu – Season-3

VOTING TERMS AND CONDITIONS

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- Telugu -Season -3’’ (“Program ”) which is being aired on “Star Maa” (hereinafter referred to as “Channel”), being the channel owned and operated by Star India Private Limited (“SIPL”)

The following voting terms and conditions (“Terms and Conditions”) 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 21st July, 2019.

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

These Terms and Conditions are irrevocably binding on each Viewer who voluntarily participate in the Voting Mechanism. The privacy policy available at https://www.startv.com/legal-terms-policies/#wpp (“Privacy Policy”), which is deemed accepted and agreed to by every Viewer, by agreeing to participate in the Voting Mechanism, shall govern all usage of any Personal Information (as defined in the Privacy Policy available at the aforementioned link) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by SIPL under or pursuant to the Voting Mechanism.

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

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

PRINCIPAL RULES:

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

1. The Program is a reality show where individuals/housemates (“Participants”) staying in the Bigg Boss House will nominate housemates for eviction from the Program at intervals decided by SIPL (“Shortlisted Participant”). During the Program, the 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, SIPL and/or the Channel shall be entitled to, at its discretion at any time during the telecast of the Program to re-introduce the eliminated Participant(s) or introduce fresh individuals/participants to participate in the Program (“Wild Card Entries”).

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

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

5. The Program will be telecasted from 21st July, 2019 onwards, on the Channel at the timings stated below or such other dates and timings as amended and updated on the Website by SIPL from time to time. It shall be each Viewer’s sole responsibility to periodically check the Website for any update(s) or modification(s) to the timings and dates for telecast of the Program, and/or, for other changes to the Voting Mechanism and/or other details pertaining to the voting.

 

DAY

TIME OF TELECAST

Week Days

21.30 IST to 22.30 IST

Week Ends

21.00 IST to 22.30 IST

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

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

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

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

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

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

9. Missed Call Mechanism

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

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

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

S.No

Name of Participant

Number assigned

1

Ms. Shiva Jyothi

8466996701

2

Mr. Ravi Krishna

8466996702

3

Ms. Ashu Reddy

8466996703

4

Mr. Jaffar

8466996704

5

Ms. Himaja

8466996705

6

Mr. Rahul Sipligunj

8466996706

7

Ms. Rohini

8466996707

8

Mr. Baba Bhaskar

8466996708

9

Ms. Punarnavi

8466996709

10

Ms. Hema

8466996710

11

Mr. Ali Reza

8466996711

12

Mr. Mahesh Vitta

8466996712

13

Ms. Sreemukhi

8466996713

14

Mr. Varun Sandesh

8466996714

15

Ms. Vithika Sheru

8466996715

16

Tamanna Simhadri

8466996716

9.3. It is clarified that each Viewer can cast a maximum of 10 (ten) votes per day, for the corresponding Voting Cycle (defined below) throughout the Period by way of a missed call for the Shortlisted Participant from a landline and/or mobile number that is registered with a network operator within the Territory. The Viewer will receive an SMS/response from SIPL for the first vote only (if voting is done through mobile only) for the applicable Voting Cycle

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

10. Hotstar Voting Mechanism:

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

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

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

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

10.4. Only a maximum of 10 (ten) votes per day per device, per corresponding Voting Cycle will be allowed through the Viewer’s Android and /or IOS Device for a particular Shortlisted Participant.

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

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

       

Missed call

Hotstar

Voting Start Time

Voting End Time

No. of votes per Voting Cycle per mobile/landline

No. of votes per Voting Cycle per login

Monday

10:25 PM

Monday

11:59 PM

10

10

Tuesday

12:00 AM

Tuesday

11:59 PM

10

10

Wednesday

12:00 AM

Wednesday

11:59 PM

10

10

Thursday

12:00 AM

Thursday

11:59 PM

10

10

Friday

12:00 AM

Friday

11:59 PM

10

10

 

 

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

Only a Maximum of 10 votes will be allowed per day per login, per Voting Cycle. Any number of votes cast including during the Voting Cycle, exceeding the limit mentioned hereinabove, will not be valid and shall be rendered null and void.

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

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

14. SIPL and/or the Channel reserve the right to modify the format of the Program, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program or at any time during the Period. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time available on the Website. It is further clarified that in case of final scores (i.e., votes received as per the Voting Mechanism) being tied for two (2) or more Participant(s), the decision of SIPL and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and/or challenged in a court of law, to the extent permissible under law.Without limiting the foregoing, under no circumstances will SIPL, Channel, its assigns and/or affiliates be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, arising in any way whether in contract, tort (including negligence) or otherwise. The Viewer specifically waives his/her right to seek injunctive relief against SIPL, the Channel, its assigns and/or any of their affiliates or any entity in relation to the Program, and/or the Voting Mechanism, to the maximum extent permitted by law;

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

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

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

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

General Rules

 

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

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

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

4. 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.

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

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

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

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

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

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

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

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

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

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

15. The Channel and/or SIPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to any person, including the Viewer/voter in any manner whatsoever, in connection to the Program, Voting Mechanism and/or any aspect related thereto.

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

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

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

19. 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.

20. 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.

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

22. By participating in the Voting Mechanism, each Viewer acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with these Terms and Conditions, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with participating in the Voting Mechanism (if any). Notwithstanding the foregoing, under no circumstances will SIPL and/or the Channel and/or Hotstar, or any of their employees, officers, directors, representatives, be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

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

24. Each Viewer acknowledges that in case the performance of the Voting Mechanism and/or any provisions of these Terms and Conditions cannot be fulfilled due to war, industrial action, flood or any Act of God or any reasons beyond the control of SIPL or the Channel, then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days or more, then SIPL shall be at liberty upon its sole discretion to terminate the Voting Mechanism forthwith without any intimation or liability to any person, and such decision shall be final and binding.

25. 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.

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

27. 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.

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

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

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

Super Singer Junior Popular Choice

Terms & Conditions

These rules for voting (“Voting Rules”) uploaded on http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily to participate in the Voting Mechanism (as defined hereunder) of the contest titled “Super Singer Junior Popular Choice– (“Contest”) in respect of the program titled “Super Singer Junior – Season 1” (“Program”) produced by Star India Private Limited (“STAR INDIA/Company”) aired on the channel STAR Jalsha (SD and HD) (“Channel”).

You hereby agree and understand that STAR INDIA will have access to and collect information and data shared by You including your Personal Information (defined below) submitted by You during the course of voting. By voting, You consent to the collection, receipt, storage, processing, disclosure, transfer, use, retention and sharing of the Personal Information by STAR INDIA, its affiliates, and designated third parties in accordance with the terms of STAR INDIA’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”). By voting in accordance with the Voting Mechanism as detailed in Clause 5 below, You have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Voting Rules and to the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Voting Rules and the Privacy Policy, please do not proceed to vote. The decision of STAR INDIA for all matters relating to your voting shall be final and binding in all respects. The Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein below.

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to voting by the Viewer(s) gathered hereunder or pursuant to this voting process by STAR INDIA (if any) (“Personal Information”). The Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.

I. PRINCIPAL RULES

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

 

1. The Program is a singing based reality program wherein contestants between the age of 5 years to 12 years (“Contestants”), across India individually compete against each other by voluntarily participating and /or being part of various selection processes, auditions or levels of selection as per the format of the Program.

2. On the basis of their performance, caliber, singing techniques, screen presence, interaction with audience and overall personality at every level /stage of the selection process of the Program, STAR INDIA and/or Jeet Gannguli , Kumar Sanu and Koushiki Chakraborty, who are the judges on the Program (“Judges”) shall at its/his/her sole discretion select and shortlist the final contestants (“Final Contestants”). These Final Contestants shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”). The Judges shall evaluate the performances of these Final Contestants in the Final Rounds basis the aforementioned parameters and .or any other criteria as deemed fit by them and shortlist 7 (seven) Final Contestants who shall then compete with each other in the finale episode of the Program to be shot on 26th,28th,30th Aug (“Finale Episode”). On the basis of the performance of these 7 ( seven) Final Contestants and the final scores awarded to them by the Judges basis the aforementioned parameters ,1 (one) winner from the top 7 (seven) Final Contestants shall be selected and declared on the Finale Episode of the Program(“Show Winner”).

3. This Contest is a special award -category under the name of “Popular Choice”(“Category”) wherein the 7 (seven) Final Contestants who have been selected to participate and be part of the finale are nominated for public voting under the Category (“Nominees”) . During the Period, the Viewers in the Territory shall on the basis of the overall popularity , talent , performances of the Nominees cast their Vote (defined below) for their favorite Nominee(s) as per the Voting Mechanism provided below. The Nominee with the maximum Votes as per the Voting Mechanism under the Category shall be declared as the winner in and felicitated with the award Super Singer Junior Popular Choice (“Award Winner(s)”) . For avoidance of doubt it is clarified that this Award Winner is separate from the Show Winner . Further it is clarified that this Award Winner shall be solely finalized and declared basis this Voting Mechanism

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

 

5. The Voting Mechanism (as detailed below in clause _) is applicable only for the Contest and shall be open in the Territory on 10 Aug, 2019 at 21:00 hours Indian Standard Time (IST) and will conclude on to 28 Aug , 2019 at 23:59 hours IST (“Period”) (both dates inclusive). STAR India reserves all rights to make amendments to the Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Viewer (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. STAR India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Viewer (s).

I. SMS:

(i) To vote for their favorite Nominee(s) under the Category of the Contest, the Viewers shall send an SMS through their mobile numbers selecting the Voting Keyword allotted to their favourite Nominee in the format as mentioned below and /or any other format for other Categories as prescribed on the Website from time to time during the Period to 56263 (“Vote”). This SMS/Vote sent by the Viewer(s) will be deemed to be received when the Viewer receives a return message from the number 56263 ,“ Thank you for your valuable vote. Keep watching Star Jalsha !”

Participant name

Voting Keyword

Pranjal

SSJ<space>PRA

Sharmistha

SSJ<space>SHA

Kishore

SSJ<space>KIS

Ankita

SSJ<space>ANK

Shreetama

SSJ<space>SHR

Saborni

SSJ<space>SAB

Saurik

SSJ<space>SAU

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

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

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

 

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

 

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

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

(viii) For the purposes of this Voting Mechanism, Viewer(s) who are subscribers of (i) Vodafone Idea or (ii) Bharti Airtel or (iii) Reliance Communications or (iv) BSNL shall be able to participate in the Voting Mechanism /Contest.

(ix) The cost charged to the Viewer(s)by the respective network provider(s) for sending the SMS shall be as follows:

Network Operator

Charges

Bharati Airtel

3

BSNL

3

Vodafone- IDEA

3

RelianceJIO

3

 

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

7. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, Final Rounds, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time.

8. The Voting Mechanism will be announced during the telecast of the Program on the Channel and/or on the Website.

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

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

 

11. The decisions in respect of the selection of the Nominees and the selection / declaration eventual Winner made by STAR India and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR India, Channel and/or its employees in connection to the same.

 

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

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

II. General Rules

1. The Viewers interested in voting must be above the age of 18 (eighteen) years and a citizen and resident of the Territory. The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.

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

3. STAR India reserves all rights to make amendments to the existing Terms and Conditions or withdraw, change, alter, amend the Voting Mechanism, process of Voting, Nominee and Category Codes, Terms and Conditions, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms and Conditions on this Website, from time to time.

4. STAR INDIA reserves the right to cancel and/or reschedule the Program and /or the Final Rounds and/or extend or alter the Period without assigning any reasons and/or without giving any prior intimation to the Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the Viewer(s).

5. Viewer(s) agree, understand and acknowledge that there is no prize/gratification for voting in the Voting Mechanism and casting of Votes for the Final Contestant(s) as detailed herein.

6. The Voting Rules shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to STAR INDIA or the Channel.

7. In case a Viewer(s) is found to be in non-conformance of the Voting Rules and Privacy Policy, then STAR INDIA will be entitled to at its sole discretion disqualify the Votes received from that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible by law, the same shall not be disputed or challenged.

8. STAR INDIA shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network, technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of the missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR INDIA.

9. In case of any telecom and /or network failure and /or technical failure in giving missed calls and /or having an internet session and /or logging on to the official website of the Program and/or for any reasons whatsoever, STAR INDIA reserves the right to at its sole discretion to change/amend the Voting Mechanism and /or cease from accepting Votes of the Viewers during the Period for the episodes of the Final Rounds of the Program, in any manner it may deem fit and necessary. In addition STAR INDIA shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Voting Mechanism including without limitation voting system/failure in the mechanism of recording missed calls due to any reason whatsoever including technical disruption/phone lines being open /close /default in internet lines /connection or a default in playing the audio message to the Viewer upon casting of Vote / close or default / failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Vote/ failure to logging on automatic acceptance of votes stated in these Privacy Policy and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.

10. Star India reserves the right to disqualify votes or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting. Star India has the right to substitute an alternative voting method at its absolute discretion.

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

12. Star India reserves the right to suspend any of the Coaches and/or Contestant(s) and/or the Super Guru in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which may tantamount to general misconduct.

13. To the extent permissible in law, Viewer(s) shall not in any circumstances make any claims against STAR INDIA, Coaches and/or Super Guru and /or any celebrities appearing the Program, Channel, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, accidents, deaths, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their voting. If the Viewer(s) is found to be ineligible, or if they have not complied with these Voting Rules, the corresponding entries will be disqualified.

14. By casting their Vote, each Viewer(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Winner of the Program, Vote, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Voting Mechanism (if any), notwithstanding the foregoing, under no circumstances will STAR INDIA and/or STAR INDIA affiliates be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

15. STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/Voting Mechanism. Each Viewer in consideration of being given opportunity to Vote, agrees that the Viewer shall hold harmless and indemnify the sponsors, if any, the Channel, the Coaches and/or Super Guru and /or any celebrities appearing on the Program, STAR INDIA, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer, in any manner whatsoever in connection with the Voting Mechanism, Votes and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

16. STAR INDIA shall be responsible for ensuring that the entire Voting Mechanism shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws of India. For this specific purpose STAR INDIA, will at its sole discretion, appoint independent audit firms /companies/auditors (as the case may be) to audit the entire Voting Mechanism during the telecast of the Program and keep updated records of the same. Such auditors and /or their representatives shall also remain present on the sets of the Program. Employees of and/or consultants of and/or persons hired on contract by STAR INDIA and the sponsors of the Program, if any, and the members of their immediate family are ineligible for voting for the Program.

17. All Voters are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting vote.

18. Standard calling rates may or may not be applicable for Viewers to participate in the voting process through missed call. It will be Voter’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of casting vote while roaming in different circle/zone, additional roaming rates may be applicable. Star India shall not be responsible for any such charges incurred by the Voter.

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

20. By the act of voting, the Viewer(s) have read understood, accepted and agree to abide with all the rules and regulations of voting as set out herein and are unconditionally bound by the Privacy Policy.

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

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

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

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

25. Viewer(s) acknowledges and agrees that in case the performance of the Voting Mechanism and/or casting of Vote cannot be fulfilled due to war, industrial action, flood or any act of God then such non-performance or failure shall not be deemed as a breach of these Voting Rules and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR INDIA shall be at liberty and upon their sole discretion to terminate any such vote(s) of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).

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

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

28. These Voting Rules shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Voting Mechanism and/or the Program shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Viewer who has raised the dispute.

29. Subject to the provision of 28 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

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

‘Cricket Dhvani (voice of cricket)’ Contest

TERMS AND CONDITIONS

The following are the rules for the “CRICKET DHVANI (VOICE OF CRICKET)” contest (the “Contest”) hosted by Star India Private Limited (“STAR”). The idea behind the Contest is to test the knowledge and commentary skills of the cricket fans and viewers. Any personal information gathered pursuant to this Contest shall be subject to the Company’s personal data privacy policy and website privacy policy, available at http://www.startv.com/legal-terms-policies/#pdp and http://www.startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which is incorporated herein by reference. This 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 August 7, 2019 to August 21, 2019 or such other date(s) as may be decided by STAR at its sole discretion and announced by Star (“Contest Period”).

2. The Contest aims to test the commentary skills of the viewers. The Contest will run in the manner described hereinbelow :

(A) STAR shall invite people to participate in the Contest by sharing relevant information about the Contest including a weblink with these Contest Terms and Conditions, on the official digital / social media handles of Star Sports India

(B) All the participants in the Contest must be residing in India during the Contest Period and must be at least 18 (eighteen) years of age as on the date of participating in the Contest (the “Participants”). The Participants shall be required to : (i) record an audio-visual clip containing their own audio commentary in Kannada not exceeding 60 (sixty) seconds in duration (“Entry”); and (ii) post their Entry on their own social media pages on Twitter or Instagram [CS(I2] tagging Star Sports India, at any time during the Contest Period (“Closing Time”). Any Entries which exceed the maximum permissible length and/or are posted after the Closing Time shall not be considered valid and shall be deemed to be null and void without requirement of any intimation by STAR; and

(C) From the total pool of valid Entries received for the Contest upto the Closing Time, the Participants with the 5 (five) best Entries shall be selected as the winners of the Contest (“Winners”). The selection of Winners shall be done by a panel of expert commentators engaged by Star Sports Kannada.

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

4. As gratification, each of the 5 (five) Winners will be provided with a Star Sports Kannada-branded miniature bat with autographs of Star Sports Kannada commentators (the “Prize(s)”). A congratulatory message for the Winners will also be shared by STAR on the official social media handles of Star Sports.

Taxes – STAR shall only be responsible in respect of withholding taxes (if any) applicable on the Prizes (which is equivalent to the expense/cost of the Prizes borne by STAR), as per the laws of India. All taxes on income shall be the responsibility of and shall be borne by the respective Winners.

STAR shall not be liable for non-receipt of Prizes by any of the Winners, including due to errors or failures or deficiencies in dispatch services or errors in address details provided by the Winners. The Prizes must be claimed in response to messages and/or telephone calls made to the Winners. Any and all taxes and/or levies applicable under the laws of India and any incidental costs, direct and/or indirect, in relation to the Prizes shall be borne by the respective Winners. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which a Winner is unable to claim his Prize from STAR. After dispatch of a Prize to a Winner, in case any loss/damage etc. is caused to or incurred by the Prize during transit or otherwise, STAR will not be liable for any such loss/damage etc. Further, STAR and/or any of its group companies shall not be held liable for any failure and/or any other defect in or damage to the Prize(s), if any, whether caused during transit or otherwise.

5. STAR reserves the right to forfeit the Prize(s) in the event STAR has a reason to believe that any information provided by any of the Winners is wrong, fraudulent or any misrepresentation is made by any of the Winners. STAR shall have the right to declare any of the other Participant(s) as the Winners of the Contest, at its discretion, and to provide the Prize to such other Participants. The Prizes shall be provided on an as-is where-is basis without assurances or warranties of any kind. Neither STAR nor its group companies nor their employees provide any assurances or guarantees regarding the Prizes, including quality, merchantability or fitness for purpose. The Winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any delay in making the Prizes available to the Winners. STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications or the Contest in general.

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

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

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

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

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

11. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on all the Participant(s). STAR shall select the Winners in accordance with applicable parameters, and the Winners shall be declared by STAR as per paragraph 2(C) and paragraph 4 on the official social media handles of Star Sports.

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

13. The Participants (including the Winners) agree and consent to the use of their Personal Information, their Entry(ies) and/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of STAR and/or its group companies and/or any programs on any channels 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, 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 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 shall not assign or in any other manner transfer their Entry(ies), including and/or 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 perpetuity to STAR. The Participants 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 the such obligation herein, anywhere in the world shall be null and void. Further, STAR may exploit the 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.

14. STAR shall:

a. comply with all Applicable Laws pertaining to Personal Information and Sensitive Personal Data or Information that it may collect or store or process in the course of the Contest; and

b. use the Personal Information only for the purpose for which it has been collected; and

c. destroy or delete the Personal Information after the purpose for which it is collected has been fulfilled; and

d. provide access to the Personal Information to its employees and directors only on a need-to-know basis; and

e. hold / store the Personal Information securely, in systems compliant with requirements prescribed by Applicable Laws.

Where,

(i) “Applicable Law” shall mean all federal, state and local laws, statutes, ordinances, rules and regulations of any applicable jurisdiction and any applicable court order or settlement agreement including, without limitation, personal data, privacy and data security statutes and regulations promulgated and in effect under such statutes and all applicable privacy and data security standards and generally accepted industry standards including, without limitation Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, (“Indian IT Law”) for the collection, transmission, processing, storage, protection and disclosure of applicable Confidential Information; in each case, and any applicable successor provisions.

(ii) “Personal Information” shall mean Any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person;

(iii) “Sensitive Personal Data or Information” shall mean the Personal Information which consists of information relating to:

a. password;

b. financial information such as Bank account or credit card or debit card or other payment instrument details;

c. physical, physiological and mental health condition;

d. sexual orientation;

e. medical records and history;

f. biometric information;

g. any detail relating to the above clauses as provided to body corporate for providing service; and

h. any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise:

Excludes: Information freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law.

[B] GENERAL RULES:

1. All Participants must be above the age of 18 years and must be 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 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 and/or their Entry(ies) including any third party rights claims with respect to the material submitted by the Participants (including the Winners).

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). If any Participant 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") of any nature and on any platform whatsoever without any money payable to the Participants. Further, the Participants (including the Winners) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever and shall not do any act either directly or indirectly during such Promotional Activity which may bring STAR or any of its group companies into public disrepute or denigrate any of the preceding or offend any community or public morals. In all public appearances, the Participant(s) (including the Winners) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Network and/or any channel on the Network. The Participant(s) (including the Winners) agree that the footage/ picture/ photographs of the Participant(s) used during the course of the 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/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.

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 “CRICKET DHVANI (VOICE OF CRICKET)” 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 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 “CRICKET DHVANI (VOICE OF CRICKET)” (“Contest”) in order to test your commentary skills. 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 (including for shipping the gratification to the address provided by you to the Company) 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.

MISSION MANGAL Movie Contest

Terms and Conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest (as defined below) as detailed herein for participation in the “MISSION MANGAL Movie Contest” (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

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

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

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

STAR shall promote the Contest on the channels “Star Plus”, “Star Gold”, “Star Bharat” and Asianet Middle East with effect from 3rd August, 2019 (“Channel(s)”) and on its Facebook Page at the URL: https://www.facebook.com/STARPlusMiddleEast/ ; https://www.facebook.com/AsianetME (“Facebook Page”) and Instagram handle www.instagram.com/starplusmiddleeast/ (“Instagram Handle”).

The Contest shall commence on August 3, 2019 at 12:00 AM UAE Time and shall conclude on August 12, 2019, at 12:00 AM UAE (“Contest Period”).

(I) Participants Eligibility

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

1. The Participant(s) must be individual citizens/resident of the Territory and of twenty-one (21) years of age or above at the start date of the Contest Period.

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

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

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

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

(II) Participation Mechanism:

1. A question related to the movie “MISSION MANGAL” (“Movie”) with three options – two incorrect options, one correct option shall appear on the Channel(s) in the form of on-air promo and/or on the Facebook Page and/or Instagram Handle. The question shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and answer the question during Contest Period. To answer the question, Participants send the answer via sms by typing A/B/C to 7871 (“Entry”).

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

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

5. All the information submitted by the Participant(s) will henceforth be collectively referred to as “Submission”.

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

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

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

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

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

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

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

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

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

(III) Selection Process and Gratification:

1. STAR shall within Fifteen (15) days after the expiry of the Contest Period shortlist one (1) Participant randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR.

2. The Winner will be contacted on the phone number through which the Entry was submitted. Such Winner will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the personal information provided by the Participant(s) including but not limited to age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documents) within next 48 (forty-eight) hours of contacting them. Each of the selected Winner(s) shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Winner(s) is unable to furnish the original document(s) to verify the eligibility details, the said Winner(s) shall be disqualified from the Contest, based on the sole discretion of the Company. In the event, Winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

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

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

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

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

7. The Winner and his/her plus one shall be required to be fly to Mumbai to meet star /s of the Movie Mission Mangal on the day and time specified by the Company (“Prize”). For avoidance of doubt it is clarified that the plus one of the Winner shall (i) an individual citizens/resident of the Territory and if below twenty-one (21) years of age at the start date of the Contest Period, i.e. a minor, he/she shall be a dependant upon the Winner and the Winner his natural/legal guardian (ii) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest and (iii) should be legally eligible to enter into a contract and if a minor, the Winner shall as his/her natural/ legal guardian authorized to enter into a contract on behalf of the minor.

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

9. The Winner and his/her plus one shall travel on the dates booked by STAR and such dates are final and not changeable, provided, however that, the dates of travel are subject to change due to any unforeseeable event and STAR reserves the right to choose another date for travel which it shall communicate to the Winner. The cost of flight, lodging, food and beverages of such Winner and his/her plus one shall be borne by the STAR.

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

11. The Winner shall held the valid passport. STAR shall not be liable if the Winner misses the flight, or cannot obtain the visa, or for any loss/ damage to their person or property caused/incurred during transit. The Winner shall keep STAR indemnified for any loss suffered as a result of the same.

12. STAR has the sole right to select the hotel accommodation and the air career for economy class. If the Winner and his/her plus one upgrades himself/ herself in relation to the flight tickets or the stay, the cost of up-gradation shall be borne solely by them.

13. STAR assumes no responsibility towards the safety of the Winner during the travel or transit period.

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

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

16. All ancillary costs associated with including visa charges, expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the Winner

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

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

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

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

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

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

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

(IV) Additional Terms:

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

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

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Limitations of Liability: By entering the contest, each Participant acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any)notwithstanding the foregoing, under no circumstances will star and/or star entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise

Dance Dance Junior - Season 1

Terms and Conditions

Please read the following Terms and Conditions before participating in the Auditions conducted by Star India Private Limited. By voluntarily participating, You agree to be bound by these Terms and Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “DANCE DANCE JUNIOR – SEASON 1” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing in and a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by STAR India /Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by STAR India (hereinafter collectively referred to as “Channel”).

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”). By proceeding further You and/or Your natural/legal guardian on Your behalf 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 natural/legal guardian of the Participant voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by STAR India under or pursuant to this Auditions and in relation to your participation in the same. Your act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be your and/ Your natural/legal guardian on Your behalf’s absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”).If you and /or your natural / legal guardian on your behalf do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your and /or your natural / legal guardian’s failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) and their legal / natural guardians are requested herein unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

“Audition(s)” means different Levels of selection process to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify to participate in further Levels for participating in the Program.

“Audition Centre” shall collectively mean the following centres/venues, at the sole discretion of the Company, wherein Auditions for the Program will be conducted:

(i)venues located in the cities of _ Durgapur, Barasat, Jalpaigudi, Siliguri, Baharampur, Krishnanagar, Kharagpur, Kolkata_and/or any other city/venue in the respective Territories, as the Company may determine, where the Contestants shall be required to attend Level 1 of the Auditions;

(i) any venues located in the cities of Kolkata, where shortlisted Participant(s) from Level 1 of the Auditions will be required to make themselves available for Level 2 and 3 of the Auditions, in the manner provided herein;

“Audition Period” in respect of auditions at Level 1 and Level 2, shall mean audition the period for Auditions to be conducted in different cities in the Territory as stipulated, i.e between August 3 , 2019 to August 26, 2019 and/or updated by the Company at its discretion on the Website from time to time required to be checked by the Participant(s) from time to time.

"Company/Star India" means STAR India Private Limited, the owner and rightholder of the Program.

"Contestant(s)/Participant(s)" Means any natural person(s) who is between the age of 5 (five) years and 12 (twelve ) years i.e. 5 (five) years or above and 12 (twelve) years or below as of June 1, 2019 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.

“Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR 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. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

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

“Program” means the Show(s) which shall be tentatively titled “Dance Dance Junior – Season 1”

“Production House” means _ SUBHANKAR CHATTOPADHYAY PRODUCTION PRIVATE LIMITED _______

.

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

“Show Player(s)” means the selected Contestant(s) who are selected through the process of the Audition(s) 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 location deemed fit by the Company for filming of the Program.

“Works” shall mean and include Footage (as defined below) any any form of artistic works, works of authorship, performances and services made by the Participant(s) or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of Auditions/Program/Show or the Auditions and any other Intellectual Property created/ generated by the Participants during the course of participation in the Auditions/Program/Show.

PRINCIPAL RULES

1. The Auditions are an integral part of the Program. The Auditions will be conducted on-ground in the Audition Centre(s) located in the Territory and interested Contestant(s) shall be required to be present at such Audition Centre(s) during the Audition Period to register themselves in the manner provided below.

2. For the purpose of participating in the Auditions , it is mandatory that any 1 (one) natural/legal guardian of such Contestant(s) shall accompany the Contestant(s) for all the levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier). This is a material condition , breach of which shall entitle the Company to immediately disqualify the Participant from further participation in the Auditions .

3. The Company shall promote the Auditions through on-air (promos, astons, bugs etc.), 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, 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

(a) Registration process for Level 1 of the Auditions will be at the respective Audition Centre(s) in India.

(b) To register and to participate in the Auditions, the interested Contestant(s) shall:

i. have a unique registration code assigned to him/her at the Audition Centre (“Registration Number”);

ii. fill and execute a registration form at the Audition Centre and duly submit all personal information 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”).

(c) In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s)’s natural / legal guardian on the Registration Form duly submitted by the Contestant(s) at the Audition Centre] shall be considered a complete entry (“Entry”). (d) Contestant(s) and their natural / legal guardian on their behalf undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in the Auditions. The Channel /Company shall be free at any point of time to contact and/or communicate with the Contestant(s) for availing any additional information and/or to verify any details as provided in relation to the Auditions and/or the Entry and the Contestant(s) shall unconditionally facilitate the same.

5. All entries at the Contest at the respective Audition Centre(s) shall be on first come first serve basis between 9 am to 5 pm or any other time as decided by the Company at its sole discretion. It is further clarified that the Company reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Contestant(s) and /or their natural / legal guardians shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever .

6. The Auditions for the Program shall be conducted at the Audition Centre(s) in the manner as detailed below:

A. LEVEL 1

i. The Contestant(s) will be asked to perform a minimum 1 (one) dance act and maximum 2 (two) dance acts [“Act(s)”]. This Act shall be evaluated by the Company or its representatives and /or renowned experts/choreographers appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s).

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

iii. The Company and/or the Production House reserve the right to stop/interrupt the Contestant(s) during the Act(s) and the Contestant(s) shall have no objection to the same.

iv. The Panel shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants and their natural/legal guardian. Based on the evaluations by the Panel, the top rated performances shall be shortlisted and the Participants shall be selected and eligible for participation in Level 2 of the Auditions to be conducted in the Audition Centre(s) in India.

v. All Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection and/or Company may intimate the natural/legal guardian of such shortlisted Participant 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 and/or natural/legal guardian of the Participant shall be solely responsible for checking the email/calls received from the Company and/or the Production House. Such communication by the Company shall also give brief details of the next level of audition –LEVEL 2, .i e. which shall be tentatively held in the city of Kolkatta or such other city as may be decided/ communicated by the Company at its sole discretion,address of the respective Audition Centre(s) in India, date and time of the Auditions, etc. The Contestants(s) and /or their natural/legal guardian shall be required to give a confirmation of their presence at the Audition Centre(s) for Level 2 Auditions upon receiving an email or phone call, as the case may be. The Company reserves the right to select any number of Contestant(s) from the Audition Center(s). The selected Contestants shall be eligible for the next level of selection; The Contestants shall be informed about their selection for the next round.Such selected Contestant(s) shall be required to be present in or around Kolkatta for the next level of selection on the day and time specified by the Company.

B. LEVEL 2

i. Participant(s) and natural/legal guardian of the Participant(s) shortlisted at Level 1 shall be required to be present in the Audition Centre in Kokatta to participate and perform in Level 2 Auditions located in Mumbai, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outside India in Level 2, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.

ii. The cost of lodging of such Contestant(s) shall be borne by the Production House on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Contestant(s) and subject to the Contestant(s) providing the Company with actual receipts/documentation evidencing such expenses. It is clarified that all costs of travel of the Participant and his / her natural/ legal guardian shall be solely borne by such natural/ legal guardian without any recourse to the Company and /or Production House 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.

iii. The Participant(s) and natural/legal guardian 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 1 if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1 In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

iv. Further, the shortlisted Participant(s) shall be required to perform an Act before the Panel as per their requirements. The performance of the Acts of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their talent ,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 . Additionally, such Contestant(s) shall be further interviewed by the Company and/ or Panel regarding his/her background, family history, dance experience, etc.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 legal guardian) shall have any objection to the same.

v. The Company reserves the right to select any number of Contestant(s) from the Audition Center in Kolkatta, India. The selected Contestants shall be eligible for the next level of selection; Level 3. The Contestants shall be informed about their selection for the next round, i.e. the televised auditions by the Company and /or its representatives which shall be tentatively held in the city of Kokatta 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 in or around Kokatta for the next level of selection on the day and time specified by the Company.

C. LEVEL 4 – (TELEVISED AUDITIONS)

i. Contestant(s) and their parents/legal guardian of the Contestant(s) shortlisted at Level 2 shall be required to be present in Kolkatta for the next level of selection on the day/days and time specified by the Company.

ii. The cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, etc.) shall be borne by the Contestant(s) and parents/legal guardian of the Contestant(s). The cost of travel and lodging of such Contestant(s) shall be borne by the Company on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Contestant(s) and subject to the Contestant(s) providing the Company with actual receipts/documentation evidencing such expenses. If the Contestant(s) fails to attend the Kolkatta Audition at the venue on the date/dates and time as informed by the Company, the Entry of such Contestant(s) will be invalidated and the Company shall be free to select the next deserving Participant of its choice in place of such disqualified Participant.

iii. The Contestant(s) and parents/ legal guardian of the Contestant(s) will be required to register themselves by executing the necessary documents, in addition to those already provided and also by furnishing the documents as required to verify the Personal Details provided by the Contestant(s) in previous Audition Levels. Each of the selected Contestant(s) shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, personal identification, etc. provided by the said Contestant(s). In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details and also submit self-affirmed photocopy of the same, the said Contestant(s) shall be disqualified by the Company.

iv. Level 3 will be held in Kolkatta. The Contestant(s) shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“Judges”) engaged by the Company at its sole discretion.

v. The Judges will judge the Contestant(s) on the basis of the Acts performed in front of them.

vi. The Judges shall rate these Acts on the basis of dance performance, overall personality, ideas, entertainment factor, uniqueness, etc.

vii. The Company shall select 12 (twelve) Show Player(s) from amongst the Contestant(s) selected for the Level 2. 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 from time to time.

viii. The selected Show Players will need to reside in any place in India decided by the Company at its sole discretion, during the shoot schedule of the Program.

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

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

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

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

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

10. For the avoidance of doubt, if a Contestant gets disqualified in the first level, then he/she can travel to any other Audition Centre(s) and Audition on the specified date.

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

12. 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 (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 Contest, reasonable period shall mean 30 (thirty) seconds. The Participant shall abide by the decision of the Panel and/or Company/Production House in this regard

GENERAL RULES

1. The Auditions is strictly open to Participant(s) between the age of 5 (five) years and 12 (twelve ) years, i.e. 5 (five) years or above and 12 (twelve) years or below as of March 1, 2019 being a citizen of and residing in India during the Audition Period, as per the respective applicable laws of the Territory.

2. Employees of the Company, of the Production House, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Bengali Hindi or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, 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) incase 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 and natural/legal guardian of the Participant(s) is found to be in violation f any applicable laws at any point of time during the Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions. Further, it is the onus of the natural guardian /legal guardian to ensure that the participation of such minor Participant is as per the applicable laws of the country of which they are citizens and residents of. In case it is found to be otherwise by the Company then immediately such minor Participant shall be disqualified.

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

5. The Participant and natural/legal guardian of the Participant(s)shall not make any claims against STAR, Channel, their directors, employees arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Auditions or any related activity including any unauthorized access of the Videos, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

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

7. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, emotional, mental trauma caused to the Participant (s) in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Auditions/selection process. The Participant (s) and their legal / natural guardian on their behalf 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.

8. The Participant and/or the natural/legal guardian of a Participant acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant and/or the natural/legal guardian of a Participant fully understand this aspect of the Program and shall neither hold the Production House/STAR liable for any such depiction nor shall make any claims in respect of the same against the Production House/Star and/or the Channel or any of its representatives and/or the Jury.

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

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

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

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 natural/legal guardian of the Participant(s) and/or the public. The Company further reserves the right to, at its discretion any time during the telecast of the Program re-introduce the 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/STAR India reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and natural/legal guardian of the Participant (s) and also STAR India/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

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

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 shall without limitation be bound by such decision of the Company.

17. The natural / legal guardian on behalf of the Participant(s) agrees that the Participant 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 legal /natural guardians 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 Participants, 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.

19. The Participant(s) and natural/legal guardian of the Participant (s) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) 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 natural/legal guardian of the Participant of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then STAR will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

21. If the operation of the Show/ Auditions/ Program (including without limitation the operation of the telephone system); the recording; broadcast of any/all of the Shows is prevented by an war, industrial action, flood or any Act of God, or applicable law or any Act of God or any act beyond the reasonable control of the Company (“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.

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

23. On behalf of the Participant (s), their natural / legal guardian specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot during the Auditions/Show or the Program on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and unconditionally 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 natural/legal guardian of the Participants i on behalf of the Participants(s) agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant and /or natural guardian/legal guardian of the Participant(s) on behalf of the Participant(s), on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant and /or natural guardian of the Participant(s) on behalf of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant or the natural guardian on the behalf of Participants hereby agree that neither the Participant(s) nor his/ natural guardian shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘Offer’). The Participant and /or natural/legal guardian of the Participant(s) on the Participant (s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

25. The Participant(s) through their natural/legal guardian waive off their “Moral Rights” with respect to the Materials/ participation in the Auditions/ Program. Further, the, the natural/legal guardian of the Participant(s) further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the natural/legal guardian on behalf of a Participant acknowledges that the Entry submitted and /or Videos submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

26. The natural/legal guardian on behalf of the Participant agree and acknowledge that the Channel STAR shall have the sole and exclusive right to edit , alter, modify and or use any Footage or Materials in respect of their Entry uploaded on the Platform in any manner whatsoever it may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

27. The natural/legal guardian on behalf of the Participant agree that the Participant shall make themselves available from time to time and co-operate with the Channel and/or STAR and participate in any activity and/or campaign and /or events (“Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable 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.

28. the natural/legal guardian of the Participant(s) hereby allow the use of the face, image, biographical data, name, signature, voice, photographs of the Participant and the family/relatives/friends/colleagues of the Participant (‘Likeness’) to appear on and be used in connection with the promotion of the Program all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or STAR or the Channel without notice to the Participant and natural/legal guardian of the Participant(s) and without any further compensation to the Participant and natural/legal guardian of the Participant (s) .

29. The Participant and natural/legal guardian of the Participant (s) agree that in consideration of being given opportunity to participate in the Auditions ,they shall hold harmless the main sponsor (if any), Channel, STAR its employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

30. The Participant and natural/legal guardian of the Participant (s) agree to keep STAR India, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry by STAR and /or any of its affiliate companies and/or channels.

31. The Participant and the natural /legal guardian in case of Participants agrees that STAR shall in no event, whatsoever, be responsible for any medical or other problems suffered by the Participant during or in relation to their participation in the Auditions including but not limited to travelling anywhere and anytime and undertake the performances required for the Show/Program. The natural /legal guardian on behalf of the Participant acknowledges and understands that the participation in the Auditions by the Participant is at their own risk. STAR shall not be responsible for the Participant’s safety during the Auditions, nor shall they be required to obtain any insurance in relation to the same for the Participant. The Participant(s) and/or the parent/guardian of the Participant (acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

32. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) and natural/legal guardian of the Participant (s) by the Production House and/or STAR which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR, as the case may be, and is valuable, special and unique to the business of Production House/Star India, as the case may be. Participant(s) and natural/legal guardian 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 natural/legal guardian 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 eighteen (18) years as on June 1, 2019 shall be deemed to be provided by the natural/legal guardian of the Participant.

35. The Participant and natural/legal guardian 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 and natural/legal guardian 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 natural/legal guardian 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 incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by STAR 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 and their legal / natural guardians 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 agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

‘How I Met My Bro’ Contest

Terms and Conditions

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

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Contest to be held on Star World Twitter profile at the URL https://twitter.com/starworldindia (referred to as “Handle”) from 11 AM, 03rd Aug, 2019 to 11.59 PM, 04th August, 2019 “Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

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

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

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

1. Principal Rules for Participation:

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

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

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

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

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

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

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

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

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to participate in the Contest, review the tweet shared by Star India and respond by describing the dating profile description for your friend/bro, in text not more than 280 characters in English language (“Content”).

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

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

ii. upload the Content on the Handle, by using the hashtag #HaveYouMetMyBro (“Hashtag”) and tagging your friend/bro and @starworldindia (“Tags”).

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

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

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

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

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

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

2. Contest Mechanism:

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

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 45 days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, 80 (eighty) Participants whose Entries are valid and compliant with the aforesaid parameters which are creative shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer, 50 winners from the Shortlisted Participants (“Winners”) shall be selected. Such Participant(s) from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win the Prize.

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

Upon receipt of the Contact Details, Star India shall contact the 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 Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

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

Stage 4: Winners and Prize

The Winners of the Contest shall win official How I Met Your Mother merchandise (“Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. 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 Star India.

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

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

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

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

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

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data 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. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

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

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

The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. The format of the Contest and the image shared by Star India is the Intellectual Property of Star India and the Contest and/or any part thereof shall not be used by any third party. Star India reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

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

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

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

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

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

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

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

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

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

c. that harm minors in any way;

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

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

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

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

h. by impersonates another person;

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

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

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

3.10. You acknowledge and confirm that Twentieth Century Fox Telecommunications International, Inc., Star India licensors and/or any of its affiliates are not in any manner whatsoever associated with the Contest and/or not responsible for the Prize, gratification or merchandise provided to the Participants and Winners. This Contest is in no way sponsored, endorsed or administered by Twentieth Century Fox Telecommunications International, Inc., Star India licensors or any of their respective affiliates. The Participant(s) and Winners unconditionally and irrevocably release and discharge Twentieth Century Fox Telecommunications International, Inc., Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Contest and the Prizes thereof.

4. General Rules:

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

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India and Twentieth Century Fox Telecommunications International, Inc. 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 Twentieth Century Fox Telecommunications International, Inc., Star India and/or its affiliates. Twentieth Century Fox Telecommunications International, Inc. and/or Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Twentieth Century Fox Telecommunications International, Inc. and/or Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India and/or Twentieth Century Fox Telecommunications International, Inc.. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.41. You acknowledge that in case the Contest and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

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

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

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

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

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

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

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

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

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

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

4.52. The Contest Terms and Conditions and the Privacy Policy comply with the applicable law.

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

Nach Baliye 9

Rules For Voting

These rules for voting (“Terms and Conditions ”) uploaded on https://www.startv.com/legal-terms-policies/#nb9vr (“Website”) shall be binding on each Viewer (defined below) who is a citizen and resident of India (“Territory”) who voluntarily wishes to participate in the Voting Mechanism (as defined hereunder) of the program titled Nach Baliye - 9 (“Program”) produced for and on behalf of Star India Private Limited (“ STAR India ”) aired on STAR Plus(SD and HD) (“Channel”) .

Viewer hereby agrees and understands that STAR India will have access to and collect information and data shared by Viewer including your Personal Information (defined below) submitted by Viewer during the course of voting. By voting, Viewer consents to the collection, receipt, storage, processing, disclosure, transfer, use, retention and sharing of the Personal Information by STAR India, its affiliates, and designated third parties in accordance with the terms of STAR India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”). By voting in accordance with the Voting Mechanism as detailed below, Viewer has read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Voting Rules and to the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Voting Rules and the Privacy Policy, please do not proceed to vote. The decision of STAR India for all matters relating to Viewer’s voting shall be final and binding in all respects. The Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein below.

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to voting by the Viewer(s) gathered hereunder or pursuant to this voting process by STAR India (if any) (“Personal Information”). The Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.

I. Principal Rules

The following are the Principal Rules for Voting Mechanism for the Program on the Channel conducted by STAR India:

 1. The Program is a dance show wherein a celebrity couple consisting of one (1) male and one (1) female (hereinafter referred to as “Jodi(s)”) will voluntarily participate in the Program and compete against the other Jodi(s). A total of 12 (twelve) Jodi(s) shall compete in the Program.

2. The Voting Mechanism (as detailed in paragraph 3) will open and end for the episodes of the Program, as detailed herein below, in the Territory (“Period”). During the Period, the Viewers in the Territory (“Viewers/Voters”) can vote for their favourite Jodi(s) and /or if they liked the performance of any and all Jodis.

 NACH BALIYE -9 FORMAT

Week

No.

Date

Day

No of Performance(s)

No of Contestants At The End of Episode

Voting and Details

 

Start Time

End Time

2

28th July 2019

Sunday

12

12

Up to 7 contestants will be up for voting

28th July 2019, 9:30 pm

29th July, 2019, 6 am

3

4th August 2019

Sunday

11

11

Up to 7 contestants will be up for voting

4th August 2019, 9:30 pm

5th August 2019, 6 am

4

11th August 2019

Sunday

TBA

TBA

TBA

11th August 2019, 9:30 pm

12th August 2019, 6 am

5

18th August 2019

Sunday

TBA

TBA

TBA

18th August 2019, 9:30 pm

19th August 2019, 6 am

6

25th August, 2019

Sunday

TBA

TBA

TBA

25th August, 2019, 9:30 pm

26th August, 2019, 6 am

7

1st September, 2019

Sunday

TBA

TBA

TBA

1st September, 2019, 9:30 pm

2nd September, 2019, 6 am

8

8th September, 2019

Sunday

TBA

TBA

TBA

8th September, 2019 9:30 pm

9th September, 2019 6 am

9

15th September, 2019

Sunday

TBA

TBA

TBA

15th September, 2019, 9:30 pm

16th September, 2019 6 am

10

22nd September, 2019

Sunday

TBA

TBA

TBA

22nd September, 2019, 9:30 pm

23rd September, 2019 6 am

11

6th October 2019

Sunday

TBA

TBA

TBA

6th October 2019, 9:30 pm

7th October 2019, 6 am

12

13th October, 2019

Sunday

TBA

TBA

TBA

13th October, 2019, 9:30 pm

14th October, 2019, 6 am

13

20th October 2019

Sunday

TBA

TBA

TBA

20th October 2019, 9:30 pm

21st October 2019, 6 am

14

27th October 2019

Sunday

TBA

TBA

TBA

27th October 2019, 9:30 pm

28th October 2019, 6 am

TBA – To Be Announced

3. The ‘Voting Mechanism’ for the Period within the Territory is as provided below:

i. To vote, the Viewers shall through their landlines/mobile numbers dial the unique number of Jodi(s) for who they want to cast the vote and give them a missed call (“Vote”). The unique number for each of the Jodi(s) shall be as follow:

Sr. No.

Jodi

Voting number

 1.

ShAlam

1800-120-888801

 2.

BaVek

1800-120-888802

 3.

UrUj

1800-120-888803

 4.

ViNa

1800-120-888804

 5.

PriVika

1800-120-888805

 6.

ViRima

1800-120-888806

 7.

RoNita

1800-120-888807

 8.

AlyNa

1800-120-888808

 9.

NiShan

1800-120-888809

 10.

SouRidhi

1800-120-888810

 11.

FaisAan

1800-120-888811

 12.

KeRo

1800-120-888812

 13.

PaNash

1800-120-888813

 14.

PooSa

1800-120-888814

ii. It is clarified that during the Period, each Viewer can give only 1(one) Vote by way of a missed call for a particular Jodi for a particular week, from one landline/mobile number. Viewer(s) shall be free to Vote for multiple Jodis by way of missed calls simultaneously during the Period. In the event that any Viewer casts his /her multiple Votes for the same Jodi through the same landline /mobile number, then only the first Vote casted through such missed call for that particular Contestant shall be taken into account and not the subsequent ones. Star India will not entertain any queries or complaints regarding the same.

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

4. Each week, the Jodi(s) will enter the Hi 5 zone basis the judges’ scores. The remaining Jodi(s), i.e., the Jodi(s) which do not enter the Hi 5 zone shall be eligible for voting/ elimination. Basis the average of the Vote(s) and judges’ scores, the bottom 2 (two) Jodi(s) will perform in the next week. Out of the bottom two (2) Jodi(s), the Jodi which receives the lowest judges’ score may be eliminated. In the event of a tie between the bottom two Jodi(s), the remaining Jodi(s) will be entitled to vote.

5. STAR India reserves the right to modify the format of the Program, rounds, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Terms and Conditions from time to time. The decision of the judges and/or STAR India and/or the Channel and/or the remaining Jodi(s) and /or any of the celebrities appearing on the Program 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. Star India reserves the right to discontinue the Program at any time due to any circumstances without giving any prior notice to the Viewers and shall not be liable to any of the Viewer(s)/ Voter(s) whatsoever.

6. In addition to the Votes garnered from the Viewers for their favorite Jodi by the Voting Mechanism, STAR India may allow parallel voting facility for the Jodi to the members of the public via any voting platform(s) during a period as deemed fit by STAR India at its sole discretion.

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

8. The Viewers can cast their Votes for only those Jodi(s) of the Program who have participated in that episode of the Program. Any Votes sent by the Viewers for the Jodi(s) who has not participated in that particular episode due to elimination or for any other reason whatsoever, shall not be considered and shall be null and void.

9. Voting is merely to enable the Viewers to choose their favorite Jodi(s) or to vote for the performance of a particular Jodi(s) that they have liked or appreciated. No winners will be declared and/or prizes distributed for the Viewers participating in the Voting Mechanism. Viewers are not entitled to make any claims in respect of this against the Channel, STAR India and /or the Program.

10. The elimination of the Jodi(s) and/or the decisions made by STAR India and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR India, Channel and/or its employees in connection to the same.

11. The Votes casted for the Jodi(s) through the Voting Mechanism and the judging scores are binding on the Viewers and Jodi(s) and in no event shall the Viewers and/or the Jodi(s) dispute the same.

12. In the event the Jodi(s), judges, hosts or choreographers, as the case may be, are unable to perform, attend or appear on the Program, for any reasons whatsoever, STAR India has the right to at its discretion anytime replace or bring in new Jodi(s), judges, hosts or choreographers, as deemed fit and necessary by them.

13. In the event, either of the top 3 (three) Jodi(s) that have qualified for the finals, is unable to perform in the finale, for any reason whatsoever, then STAR India reserves the right to replace that Jodi with a subsequent Jodi, which was eliminated in pre-finals and such decision of STAR India shall be binding on all.

14. Further, Star India and/or the judges shall be entitled to, at its discretion, any time during the telecast of the Program, to re-introduce the eliminated contestants and/or re-introduce fresh individuals/contestants during any stage of the Program.

II. General Rules

1. The Viewers interested in participating in the Voting Mechanism must be above the age of 18 (eighteen) years and a citizen and resident of India. The Viewers should not have any criminal conviction or an arrangement or a contract that prevents the Viewers from voting.

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

3. STAR India reserves all rights to make amendments to the existing Terms and Conditions or withdraw, change, alter, amend the Voting Mechanism, process of elimination, Nach Baliye-9 Format, Terms and Conditions, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms and Conditions on the Website and Privacy Policy, from time to time.

4. STAR

5. STAR India reserves the right to reschedule and/or cancel and/or postpone and/or extend and/or alter the Program 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).

6. Viewer(s) agree and acknowledge that there is no prize/gratification in voting for the Jodi(s) as detailed herein.

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 STAR INDIA or the Channel.

8. In case a Viewer is found to be in non-conformance of the Terms and Conditions and/or Privacy Policy then STAR India will be entitled to at its sole discretion disqualify the Votes received from that Viewer(s). Such decision shall be final and binding on the Viewer(s) and to the extent permissible by law, the same shall not be disputed or challenged.

9. STAR India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network technical disruption, connection failure, electricity failure, any other reason whatsoever and/or the cost of the missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving STAR India.

10. In case of any telecom and /or network failure and /or technical failure in giving missed calls and /or having an internet session and /or logging on to the official website of the Program and/or for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change/amend the Voting Mechanism and /or cease from accepting Votes of the Viewers during the Period for the episodes of the Final Rounds of the Program, in any manner it may deem fit and necessary. In addition STAR India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Voting Mechanism including without limitation voting system/failure in the mechanism of recording missed calls due to any reason whatsoever including technical disruption/phone lines being open /close /default in internet lines /connection or a default in playing the audio message to the Viewer upon casting of Vote / close or default / failure/ any other difficulties of such nature due to which the Viewer(s) is unable to record his/her Vote/ failure to logging on automatic acceptance of votes stated in these Privacy Policy and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR India.

11. 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, STAR India shall make reasonable endeavors and may disqualify all the Votes received or conduct a re-voting or continue with whatever data is available in the manner it deems is fit. STAR India shall not be responsible for any damage resulting from the loss of data or action taken by STAR India on account of the same. STAR India will not be responsible to make good any loss or dissatisfaction suffered by the Viewer on account of such loss.

12. STAR India reserves the right to disqualify votes or suspend voting if it has reasonable grounds to suspect that fraudulent voting has occurred or if it considers there has been any attempt to rig/manipulate the voting. STAR India has the right to substitute an alternative voting method at its absolute discretion.

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

14. Star India reserves the right to suspend any of the Coaches and/or Contestant(s) and/or the Judge(s) in case it has reasonable grounds to conclude that the individual(s) have been alleged in any public domain and/or social media websites for any misconduct, sexual harassment, physical abuse, coercion in any form, criminal cases or any other reasons which may tantamount to general misconduct.

15. 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, Jodi arising out of or relating to any and all costs, injuries, accidents, deaths, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Voting Mechanism. If the Viewer(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding entries will be disqualified.

16. Each Viewer in consideration of being given opportunity to vote , agrees that the Viewer shall hold harmless the sponsors, if any, Jodi, 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, in any manner whatsoever in connection with the Voting and/or the Program and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

17. STAR India shall be responsible for ensuring that the entire Voting Mechanism shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws. For this specific purpose STAR India, will at its sole discretion, appoint external audit firms /companies/auditors/ Internal (as the case may be) to audit the judges scores and entire Voting procedure during the telecast of the Program and keep updated records of the same. Such auditors and /or their representatives shall also remain present on the sets of the Program. Employees of and/or consultants of and/or persons hired on contract by STAR India and the main sponsor of the Program, if any, and the members of their immediate family are ineligible for Voting for the Program.

18. All Voters are advised to remain in areas with strong and stable/continuous mobile network signal of the telecom operator to ensure smooth functioning of casting vote.

19. Standard calling rates may or may not be applicable for Viewers to participate in the voting process through missed call. It will be Voter’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of casting vote while roaming in different circle/zone, additional roaming rates may be applicable. Star India shall not be responsible for any such charges incurred by the Voter.

20. Star India will not permit or entertain any requests or claims to check / audit / challenge the logic of the current voting rules including any complaints from any individuals, fan clubs, corporates or any publications including bloggers and Social media groups.

21. By the act of voting, the Viewer(s) have read, understood, accepted and agree to abide with all the rules and regulations of voting as set out herein and is unconditionally bound by the Terms and Conditions of the Program as uploaded on the Website and/or Privacy Policy.

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

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

24. 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.

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

26. STAR India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, damage, physical trauma, mental trauma, harm, loss, death caused to the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to voting/ Voting Mechanism and the Jodi(s). 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 Voting Mechanism, Votes and/or the Program and/or the Winner selected and/or any Personal Information submitted by the Viewer and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

27. Viewer(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.

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

29. The Terms and Conditions shall be construed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Voting Mechanism, voting and/or the Program shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the Viewer who has raised the dispute.

30. Subject to paragraph 28 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

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

‘#SkillingIt’ Contest

Terms & Conditions

The following are the rules for the “#SkillingIt” contest (the “Contest”) hosted by Star India Private Limited (“STAR”) in collaboration with DFL Sports Enterprises GmbH (“DFL”) on the platforms and media owned/operated by STAR or its group companies (“Channels”) to be conducted through the Channels and/or the Star Sports Football Facebook page at the URL https://www.facebook.com/StarFootball (the “Network Handle”). The Contest is being conducted in order to promote the transmissions of the German Bundesliga (“Bundesliga”) on STAR’s Channels. Any personal information gathered pursuant to this Contest shall be subject to the privacy policy available at http://www.startv.com/PersonalDataPrivacyPolicy.html (“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. By participating in the Contest, it is construed that the participant(s) (“Participant”) has/have read and understood these Principle Rules including the General Rules stated below and has/have agreed to abide by the same:

(I) Principal Rules

1. The Contest will be conducted from 1 August 2019 until 18 August, 2019 (both days inclusive) (“Contest Period”) or such other date as may be decided by STAR at its sole discretion and announced by STAR on the Network Handle and/or on the Channels and/or such other pages or accounts owned/operated by STAR on various social media platforms, including but not limited to Facebook, Twitter, Instagram and YouTube.

2. The Contest is a game of knowledge and skill whereby the Participants would have to provide a question (“Question”) posted by STAR on the Network Handle prior to or on the Contest Day. An official announcement shall be made on the Network Handle and/or on the Channels inviting Facebook users to answer the Question posted by STAR on its Network Handle on the Contest Day. Facebook users can respond to the post containing the Question on Facebook during the Contest Period, containing their respective answers to Question announced on the Channels in the manner as prescribed below. Any person who wishes to participate in the Contest (“Participant”) shall fulfill all the following requirements:

(a) All Participants must be valid users of Facebook, as applicable, shall be at least eighteen (18) years of age and must be residing in India.

(b) Each Participant is required to visit the Network Handle and “like” and “follow” the Network Handle.

(c) The Participant should submit their entry containing their answers to the Questions in the form of a comment posted through the Participant’s Facebook account in response to the post containing the Question on the Network Handle (“Entry”). Each Entry: (1) should contain the pre-decided hash-tag for the Contest, i.e. #SkillingIt; (2) should be submitted within the Contest Period and in any case must be before 11:59 PM Indian Standard Time on 18 August 2019; (3) should answer the relevant Question contextually. In response to the Question, Participants must state what he/she is looking forward to the most in the upcoming 2019/20 season of the Bundesliga.

(d) Any Entry which does not contain the above elements mentioned in this clause 2 of the Principal Rules shall not be considered a valid Entry and shall be deemed null and void without requirement of any intimation by STAR.

3. The editorial team of DFL shall select 10 winners from amongst all those Participants who have submitted Entries containing, in the their opinion, the most contextually relevant answers to the Question (“Winners”). Winners shall be selected on the basis of the relevance of their Entries or any other criteria as the editorial team shall deem fit as per its sole discretion. DFL’s decision in this regard and for all other matters relating to the Contest shall be final and binding upon the Participant(s). Winners will be announced by STAR on the Channels and/or on the Network Handle.

4. Each Winner would be awarded a prize (“Prize”). The Prize shall be a piece of Bundesliga merchandise. The Prize must be claimed in response to messages or telephone calls made to the Winners subject to submission of requisite proof of identity, if requested by STAR. Any and all taxes and/or levies applicable under the laws of India and any incidental costs direct and/or indirect, in relation to Prize shall be borne by the respective Winners. Neither DFL nor STAR nor any of STAR’s group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Winner(s) is unable to claim the Prize from STAR.

5. DFL and STAR reserve the right to forfeit a Prize in the event it is found by DFL and/or STAR and they have a reason to believe that any information provided by the Participant/Winner(s) is wrong, fraudulent or any misrepresentation is made by the Participant/Winner. DFL shall have the right to declare any other Participant(s) as the Winner(s) of the Contest, at its discretion and transfer Prize(s) to such other Participants. All Prizes are provided on an as-is where-is basis without assurances or warranties of any kind. Neither DFL nor STAR nor STAR’s group companies nor their employees provide any assurances or guarantees regarding Prizes, including quality, merchantability or fitness for purpose. The Winner(s) agree not to hold DFL, STAR and/or STAR’s group companies and/or their respective employees responsible for any delay in receiving Prizes or any inability to enjoy Prize(s) due to any failure by organisers of the Prize, or any of their agents, or otherwise for any other problem in relation to a Prize. It is clarified that DFL, STAR and/or any of STAR’s group companies shall not be responsible for the brand, quality, value etc. in relation to a Prize and the supplier/ manufacturer shall be solely responsible for the same. DFL, STAR and/or any of STAR’s group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither DFL nor STAR nor STAR’s group companies shall be liable for any delays or failures in any notifications, or the Contest in general.

6. For the avoidance of doubt, since the editorial team of DFL shall determine the Winners, all grievances of Participants in relation to the declaration of the Winners shall be addressed solely to DFL. STAR shall not be liable in any manner whatsoever in relation to the selection of the Winners and will merely declare the Winners selected by the editorial team of DFL on the Network Handle and/or the Channels.

7. The Winner agrees that the Prize cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prize will be awarded to the Winner(s) and the Winner(s) cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prize(s) cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record the act of collection of the Prize(s) or incorporate it in the telecast of the Matches or otherwise mention it on the Channels. If the Winner(s) refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards the Winner(s) in connection to the same or otherwise.

8. All Entries must be received before 11:59 PM Indian Standard Time on the last day of the Contest Period. Entries received after the aforementioned time will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR and/or DFL.

9. STAR and/or its group companies shall not be responsible in the event that Entries are not received or the Participant(s) is unable to submit his/her Entry on Facebook in the Contest due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the Participant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. 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.

10. The Participant(s) shall ensure that the Entry being submitted by them is decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, community, caste, religious sect or section of the society, etc. The Participant(s) further represents and warrants that the Entry being submitted by him/her shall be original and shall not infringe upon and/or contain any material that will infringe upon any third party rights including rights in intellectual property. STAR reserves the right to remove or disqualify any Entries that do not meet these criteria.

11. STAR reserves the right to change the Entry system/mechanism and/or cease accepting Entries for the Contest before the stipulated deadline for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion and it need not notify the Participant(s) who have already submitted their Entry(ies) about the same.

12. 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 or any part thereof at any stage of the Contest, including after declaring the winning Entry, if STAR: (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; or (b) determines at its sole discretion that the Entry inter alia:, (i) belongs to another person and in which the Participant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) 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; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of STAR in this regard shall be final and binding upon the Participant(s).

13. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on the Participant(s) and Winner(s). STAR shall select the winning Entries in accordance with applicable parameters, and the Winners may be declared by STAR through the Network Handle and/or any other means announced by STAR.

14. The Winners shall be required to submit necessary supporting documentation to establish identity and compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR to be eligible for any gratification. In the event any person fails to adhere to the instructions, then his/her selection shall be invalidated. In such a case, (a) STAR and/or its group companies shall not be liable in any manner whatsoever and (b) STAR may, at its sole discretion, by the prescribed selection criteria choose other Winners instead.

15. The Participant(s)/Winner(s) agrees and consents to the use of the Entry and/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of STAR and/or its group companies and/or any programs on any channels owned or operated by STAR or any of its group companies (the “Network”). In consideration of the participation in the Contest, the Participant(s)/Winner(s) hereby irrevocably, exclusively, perpetually and for the entire universe assigns all rights, titles and interests in the Entry including any rights of Exploitation thereof, to STAR, during or pursuant to the Contest. “Exploitation/Exploit” shall mean the exploitation of the Entry 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 the Entry or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry and/or any part thereof from one form/format to another and in relation to the Entry 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 in to 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, 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 and/or any part thereof if any subsisting in favor of the Participant(s)/Winner(s), in relation to future medium or mode of exploitation of the Entry and/or any part thereof is not held valid by operation of law, Participant(s)/Winner(s) hereby grants an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of the Entry and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participant(s)/Winner(s) hereby agrees that the Participant(s)/Winner(s) shall not assign or in any other manner transfer the Entry including and/or any part thereof for such means and modes of Exploitation of the Entry 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 and/or any part thereof for the entire world and perpetuity to STAR. The Participant(s)/Winner(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 Entry and/or any part thereof to any third party in breach of the such obligation herein, anywhere in the world shall be null and void. Further, STAR may exploit the Entry 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 this Agreement. The Participant(s)/Winner(s) waves off his “Moral Rights” with respect to the Entry and/or any part thereof as required. The Winner(s) 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.

(II) GENERAL RULES:

1. The Participant(s)/Winner(s) must be above the age of 18 years and must be residing within the territorial limits of India.. The Participant(s)/Winner(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s)/Winner(s) from participating in the Contest. Proof of age, if requested, of the Participant(s), Winner(s), in the Entry must be submitted to STAR (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by STAR to confirm the eligibility of the Participant(s)/Winner(s).

2. Participant(s)/Winner(s) 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(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time.

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 Participant(s) to check the rules and regulations of the Contest on http://www.startv.com/contesttnc.htm. Non-conformance by the Participant(s) to any the Terms and Conditions will make such Participant’s Entry/ies null and void.

4. The Participant/Winner acknowledges that in case the conduct of the Contest cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as war, industrial action, flood 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, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in connection to the Contest.

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

7. The Participant(s) and/or the Winner(s) 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), to the Participant(s) and/or the Winner(s) participation or non-participation in the Contest or any related activity. If any Participant or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries 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, the sponsor, 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 Participant(s) and/or the Winner(s) has waived his/her right to raise any dispute with regard to the Contest and/or the Prize, in any manner whatsoever and has understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and unconditionally accepts and agrees 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 the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/Winner(s) and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s)/Winner(s) of the Contest agrees that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign ("Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participant(s)/Winner(s). Further, the Participant(s)/Winner(s) 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/Winner 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)/ Winner(s) agrees that the footage/ picture/ photograph of the Participant(s)/ Winner(s) 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 in any media whatsoever at any time throughout the world whether by itself or through its group companies. The Participant agrees and consents to the use of any text and/or information and/or any photograph and/or image and/or visual recording and/or other components of his or her Entry on any platform as STAR may deem fit for the purpose of promotion of the Network and/or any channels forming part of 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 in the courts of Delhi, India.

Bigg Boss- Telugu -Season -3

Terms & Conditions

These Terms and Conditions (defined below) shall be binding on each Viewer (defined below), in the territory of India (“Territory”) who voluntarily desires to participate in the Voting Mechanism (as defined hereunder) of the Program, for the Shortlisted Participants (as defined below) competing in the program titled “Bigg Boss- Telugu -Season -3’’ (“Program”) which is being aired on “Star Maa” (hereinafter referred to as “Channel”), being the channel owned and operated by Star India Private Limited (“SIPL”)

The following voting terms and conditions (“Terms and Conditions”) 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 21st July, 2019.

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

These Terms and Conditions are irrevocably binding on each Viewer who voluntarily participate in the Voting Mechanism. The privacy policy available at https://www.startv.com/legal-terms-policies/#wpp (“Privacy Policy”), which is deemed accepted and agreed to by every Viewer, by agreeing to participate in the Voting Mechanism, shall govern all usage of any Personal Information (as defined in the Privacy Policy available at the aforementioned link) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by SIPL under or pursuant to the Voting Mechanism.

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

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

PRINCIPAL RULES:

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

1. The Program is a reality show where individuals/housemates (“Participants”) staying in the Bigg Boss House will nominate housemates for eviction from the Program at intervals decided by SIPL (“Shortlisted Participant”). During the Program, the 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, SIPL and/or the Channel shall be entitled to, at its discretion at any time during the telecast of the Program to re-introduce the eliminated Participant(s) or introduce fresh individuals/participants to participate in the Program (“Wild Card Entries”).

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

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

5. The Program will be telecasted from 21st July, 2019 onwards, on the Channel at the timings stated below or such other dates and timings as amended and updated on the Website by SIPL from time to time. It shall be each Viewer’s sole responsibility to periodically check the Website for any update(s) or modification(s) to the timings and dates for telecast of the Program, and/or, for other changes to the Voting Mechanism and/or other details pertaining to the voting.

DAY

TIME OF TELECAST

Week Days

21.30 IST to 22.30 IST

Week Ends

21.00 IST to 22.30 IST

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

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

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

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

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

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

9. Missed Call Mechanism

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

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

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

S.No

Name of Participant

Number assigned

1

Ms. Shiva Jyothi

8466996701

2

Mr. Ravi Krishna

8466996702

3

Ms. Ashu Reddy

8466996703

4

Mr. Jaffar

8466996704

5

Ms. Himaja

8466996705

6

Mr. Rahul Sipligunj

8466996706

7

Ms. Rohini

8466996707

8

Mr. Baba Bhaskar

8466996708

9

Ms. Punarnavi

8466996709

10

Ms. Hema

8466996710

11

Mr. Ali Reza

8466996711

12

Mr. Mahesh Vitta

8466996712

13

Ms. Sreemukhi

8466996713

14

Mr. Varun Sandesh

8466996714

15

Ms. Vithika Sheru

8466996715

9.3. It is clarified that each Viewer can cast a maximum of 10 (ten) votes per day, for the corresponding Voting Cycle (defined below) throughout the Period by way of a missed call for the Shortlisted Participant from a landline and/or mobile number that is registered with a network operator within the Territory. The Viewer will receive an SMS/response from SIPL for the first vote only (if voting is done through mobile only) for the applicable Voting Cycle

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

10. Hotstar Voting Mechanism:

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

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

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

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

10.4. Only a maximum of 10 (ten) votes per day per device, per corresponding Voting Cycle will be allowed through the Viewer’s Android and /or IOS Device for a particular Shortlisted Participant.

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

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

       

Missed call

Hotstar

Voting Start Time

Voting End Time

No. of votes per Voting Cycle per mobile/landline

No. of votes per Voting Cycle per login

Monday

10:25 PM

Monday

11:59 PM

10

10

Tuesday

12:00 AM

Tuesday

11:59 PM

10

10

Wednesday

12:00 AM

Wednesday

11:59 PM

10

10

Thursday

12:00 AM

Thursday

11:59 PM

10

10

Friday

12:00 AM

Friday

11:59 PM

10

10

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

Only a Maximum of 10 votes will be allowed per day per login, per Voting Cycle. Any number of votes cast including during the Voting Cycle, exceeding the limit mentioned hereinabove, will not be valid and shall be rendered null and void.

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

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

14. SIPL and/or the Channel reserve the right to modify the format of the Program, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program or at any time during the Period. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time available on the Website. It is further clarified that in case of final scores (i.e., votes received as per the Voting Mechanism) being tied for two (2) or more Participant(s), the decision of SIPL and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and/or challenged in a court of law, to the extent permissible under law. Without limiting the foregoing, under no circumstances will SIPL, Channel, its assigns and/or affiliates be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, arising in any way whether in contract, tort (including negligence) or otherwise. The Viewer specifically waives his/her right to seek injunctive relief against SIPL, the Channel, its assigns and/or any of their affiliates or any entity in relation to the Program, and/or the Voting Mechanism, to the maximum extent permitted by law;

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

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

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

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

General Rules

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

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

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

4. 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.

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

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

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

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

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

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

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

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

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

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

15. The Channel and/or SIPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to any person, including the Viewer/voter in any manner whatsoever, in connection to the Program, Voting Mechanism and/or any aspect related thereto.

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

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

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

19. 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.

20. 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.

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

22. By participating in the Voting Mechanism, each Viewer acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with these Terms and Conditions, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with participating in the Voting Mechanism (if any). Notwithstanding the foregoing, under no circumstances will SIPL and/or the Channel and/or Hotstar, or any of their employees, officers, directors, representatives, be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

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

24. Each Viewer acknowledges that in case the performance of the Voting Mechanism and/or any provisions of these Terms and Conditions cannot be fulfilled due to war, industrial action, flood or any Act of God or any reasons beyond the control of SIPL or the Channel, then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days or more, then SIPL shall be at liberty upon its sole discretion to terminate the Voting Mechanism forthwith without any intimation or liability to any person, and such decision shall be final and binding.

25. 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.

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

27. 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.

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

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

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

“#LoveKBD” activity

Terms & Conditions

The following are the terms and conditions for the “#LoveKBD” activity (the “Activity”) hosted by Star India Private Limited (“STAR”) in collaboration with Mashal Sports Private Limited (“MASHAL ”) on the platforms and media owned/operated by STAR or its group companies (“Channels”) to be conducted through the Channels and/or the Twitter and Instagram pages available at the URL @StarSportsIndia on Facebook, Twitter and Instagram. (the “Network Handle”). The Activity is being conducted in order to promote the transmissions of the Pro Kabaddi League (“PKL”) on STAR’s Channels. Any personal information gathered pursuant to this Activity shall be subject to the privacy policy available at https://www.startv.com/legal-terms-policies/ (“Privacy Policy”) which is incorporated herein by reference. This Activity shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “ Terms and Conditions”) as stated hereunder. By participating in the Activity, it is construed that the participant(s) (“ Participant”) has/have read and understood these Principle Rules including the General Rules stated below and has/have agreed to abide by the same:

(I) Principal Rules

1. The Activity will be conducted from 20th July until 19th October 2019 (both days inclusive) (“ Activity Period) or such other date as may be decided by STAR at its sole discretion and announced by STAR on the Network Handles and/or on the Channels and/or such other pages or accounts owned/operated by STAR on various social media platforms, including but not limited to Facebook, Twitter, Instagram and YouTube.

2. An official announcement shall be made on the Network Handle and/or on the Channels inviting participants to share their Entries for the Activity in the manner prescribed herein. Any person who wishes to participate in the Activity (“Participant”) shall fulfill all the following requirements:

(a) All Participants must be valid users of Twitter or Instagram, as applicable, shall be at least eighteen (18) years of age and must be residing in India.

(b) Each Participant is required to visit the Network Handle and “like” and “follow” the Network Handle.

(c) The Participant should submit their entry containing their response to the Activity in the form of a tweet or post (as applicable) through the Participant’s Facebook account in response to the post announcing the Activity on the Network Handle (“Entry”). Each Entry: (1) should contain the pre-decided hash-tag for the Activity, i.e. #LoveKBD; (2) should be submitted within the Activity Period (3) should contain a video of the Participant playing kabaddi.

(d) Any Entry which does not contain the above elements mentioned in this clause 2 of the Principal Rules shall not be considered a valid Entry and shall be deemed null and void without requirement of any intimation by STAR.

3. The editorial team of MASHAL and/or STAR shall select certain Entries and showcase such Entries as part of programming relating to the PKL on the Channels and Platforms. Entries shall be selected on the basis of the relevance of their Entries or any other criteria as the editorial team shall deem fit as per its sole discretion. STAR/MASHAL’s decision in this regard and for all other matters relating to the Activity shall be final and binding upon the Participant(s). All Participants agree that they shall not individually or collectively hold STAR and/or MASHAL responsible or liable in any way whatsoever for non-selection of their Entries for showcasing on the Channels and Platforms.

4. All Entries must be received before 11:59 PM Indian Standard Time on the last day of the Activity Period. Entries received after the aforementioned time will not be considered for the Activity and shall be deemed null and void without requirement of any further intimation by STAR and/or MASHAL.

5. STAR and/or its group companies shall not be responsible in the event that Entries are not received or the Participant(s) is unable to submit his/her Entry on the Network Handles in the Activity due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the Participant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. 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.

6. The Participant(s) shall ensure that the Entry being submitted by them is decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, community, caste, religious sect or section of the society, etc. The Participant(s) further represents and warrants that the Entry being submitted by him/her shall be original and shall not infringe upon and/or contain any material that will infringe upon any third party rights including rights in intellectual property. STAR reserves the right to remove or disqualify any Entries that do not meet these criteria.

7. STAR reserves the right to change the Entry system/mechanism and/or cease accepting Entries for the Activity before the stipulated deadline for any reason or take any other steps in relation to the Activity as it may deem fit in its sole and absolute discretion and it need not notify the Participant(s) who have already submitted their Entry(ies) about the same.

8. STAR reserves the right to disqualify any Participant(s) from participating in the Activity without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry or any part thereof at any stage of the Activity, including after declaring the winning Entry, if STAR: (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; or (b) determines at its sole discretion that the Entry inter alia:, (i) belongs to another person and in which the Participant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) 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; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of STAR in this regard shall be final and binding upon the Participant(s).

9. STAR and MASHAL reserve the right to select which will be showcased on the Channels and Platforms and such decision shall be final and binding on the Participant(s)

10.

11. The Participant(s) agrees and consents to the use of the Entry and/or any part thereof by STAR or its affiliates as it may deem fit for the purpose of promotion of STAR and/or its group companies and/or any programs on any channels owned or operated by STAR or any of its group companies (the “Network”). In consideration of the participation in the Activity, the Participant(s) hereby irrevocably, exclusively, perpetually and for the entire universe assigns all rights, titles and interests in the Entry including any rights of Exploitation thereof, to STAR, during or pursuant to the Activity. “Exploitation/Exploit” shall mean the exploitation of the Entry 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 the Entry or any part thereof, either in whole or in part, in any form/format or language, as well as the conversion of the Entry and/or any part thereof from one form/format to another and in relation to the Entry 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 in to 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, 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 and/or any part thereof if any subsisting in favor of the Participant(s), in relation to future medium or mode of exploitation of the Entry and/or any part thereof is not held valid by operation of law, Participant(s) hereby grants an irrevocable, exclusive, sub-licensable, perpetual right to STAR and its affiliates for such future medium or mode of exploitation of the Entry and/or any part thereof as may be developed in the future, for the entire world. Notwithstanding the above, the Participant(s) hereby agrees that the Participant(s) shall not assign or in any other manner transfer the Entry including and/or any part thereof for such means and modes of Exploitation of the Entry 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 and/or any part thereof for the entire world and perpetuity to STAR. 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 Entry and/or any part thereof to any third party in breach of the such obligation herein, anywhere in the world shall be null and void. Further, STAR may exploit the Entry 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 this Agreement. The Participant(s) waves off his “Moral Rights” with respect to the Entry and/or any part thereof as required. The Participants(s) 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.

(II) GENERAL RULES:

1. The Participant(s) must be above the age of 18 years and must be residing within the territorial limits of India.. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Activity. Proof of age, if requested, of the Participant(s), in the Entry must be submitted to STAR (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by STAR to confirm the eligibility of the Participant(s).

2. Participant(s) 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 Activity. STAR also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant at any point in time.

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Activity, without giving prior notice or reason. It shall be the sole responsibility of the Participant(s) to check the rules and regulations of the Activity on http://www.startv.com/Activitytnc.htm. Non-conformance by the Participant(s) to any the Terms and Conditions will make such Participant’s Entry/ies null and void.

4. The Participant acknowledges that in case the conduct of the Activity cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as war, industrial action, flood 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, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in connection to the Activity.

 

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

7. The Participant(s) 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), to the Participant(s) participation or non-participation in the Activity or any related activity. If any Participant is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Activity.

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

9. 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, in any manner whatsoever and has understood and accepted these Terms and Conditions and the Privacy Policy incorporated herein by reference and unconditionally accepts and agrees to comply with and abide by the Terms and Conditions. In the event of any fault, misunderstanding or dispute concerning any part of the Activity the decision of STAR shall be final. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s) and STAR and its group companies is not a confidential, fiduciary, or any other special relationship.

10. The Participant(s) of the Activity agrees that if so required by STAR, he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (" Promotional Activity") of any nature and on any platform whatsoever without any money payable to the Participant(s). Further, the Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever 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 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) agrees that the footage/ picture/ photograph of the Participant(s) used during the course of the Activity or for the purpose of the Activity 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 whether by itself or through its group companies. The Participant agrees and consents to the use of any text and/or information and/or any photograph and/or image and/or visual recording and/or other components of his or her Entry on any platform as STAR may deem fit for the purpose of promotion of the Network and/or any channels forming part of 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 in the courts of New Delhi, India.

 

-x-x-x-

‘#Hakunamatatahacks’ Contest

Terms & Conditions

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

These terms and conditions (‘Terms and Conditions’/ ‘ T&Cs’) govern Your participation in this Contest to be held on Star Movies Twitter handle at https://twitter.com/StarMoviesIndia (“Handle”) on 11:00 AM on July 20, 2019 to 11:59 PM on July 21, 2019 (“Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘ You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

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

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

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

1. Principal Rules for Participation:

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

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

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

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

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

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

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

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

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the tweet/posts shared by Star India on the Handle which provides for everyday situations and respond by sharing the HakunaMatata hack for everyday situations in English language in text not exceeding 280 characters, and to submit/tweet on the Handle using the Hashtag (as defined below) and Tag (as defined below), hereinafter referred to as “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. upload the Content on the Handle, by using the hashtag #Hakunamatatahack (“Hashtag”) and tagging @starmoviesindia (“Tag”).

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

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

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

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

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

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

2. Contest Mechanism:

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

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 45 days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, 50 (fifty) Participants whose Entries are valid and compliant with the aforesaid parameters shall be shortlisted (“ Shortlisted Participant(s)”) and using a randomizer, 10 (ten) winners from the Shortlisted Participants (“Winners ”) shall be selected. Such Participant(s) from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win the Prize.

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

Upon receipt of the Contact Details, Star India shall contact the 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 Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

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

Stage 4: Winners and Prize

The Winners of the Contest shall win the official Lion King cap (“ Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. 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 Star India.

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

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

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

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

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

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data 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. Star India shall have the right to declare another Shortlisted Participant(s) as the Winner of the Contest and transfer the Prize to that person.

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

 

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

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

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

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

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

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

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

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

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

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

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

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

c. that harm minors in any way;

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

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

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

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

h. by impersonates another person;

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

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

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

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

4. General Rules:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities , its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

4.41. You acknowledge that in case the Contest and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

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

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

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

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

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

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

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

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

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

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

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

*****

'Hamesha Sunega' Poll activity

TERMS & CONDITIONS

These terms and conditions (‘Terms’/’Terms and Conditions’ ) govern the polling activity titled “Hamesha Sunega” (‘ 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 July 20, 2019 at 10:00 hours IST and shall conclude on August 11, 2019 at 10:00 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’ Twitter handle at https://twitter.com/StarGoldIndia and Instagram handle at https://instagram.com/StarGoldOfficial (“Handle”) 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 using Instagram’s Poll feature 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 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 11th August, 2019 and/or till any other time, based on the sole discretion of STAR India.

2. During the Polling Period, on every Sunday the Viewers will be asked to cast their vote to choose a film from two film choices provided in the Poll. This process will be repeated every Sunday during the Polling Period with two new films provided for the Poll conducted every Sunday. There will be a total of 4 (four) 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 Handle from the Viewer(s) Twitter 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 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. The film with the maximum number of votes for each Poll may be declared as deemed fit by STAR India and will be telecast on the Channel the Saturday 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. 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 Twitter 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 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 and/or Instagram as the case may be shall be resolved directly with Twitter, 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 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. 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 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 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.

‘#WarriorOnSW’ Contest

TERMS & CONDITIONS

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

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Contest to be held on Star World Twitter handle at https://twitter.com/StarWorldIndia (“Handle”) on 9:00 AM on July 5, 2019 to 11:59 PM on July 6, 2019 (“Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

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

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

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

1. Principal Rules for Participation:

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

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

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

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

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

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

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

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

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the tweet/posts shared by Star India on the Handle and respond by uploading the picture (in JPEG format) of the Participant in martial arts pose, as required by Star India and captioning the picture in English language in text not exceeding 280 characters, and to submit/tweet on the Handle using the Hashtag (as defined below) and Tag (as defined below), hereinafter referred to as “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. upload the Content on the Handle, by using the hashtag ##BeAWarrior (“Hashtag”) and tagging @starworldindia (“Tag”).

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

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

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

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

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

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

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

2. Contest Mechanism:

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

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 45 days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, Participants whose Entries are valid and compliant with the aforesaid parameters shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer, 50 (fifty) winners from the Shortlisted Participants (“Winners”) shall be selected. Such Participant(s) from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win the Prize.

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

Upon receipt of the Contact Details, Star India shall contact the 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 Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

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

Stage 4: Winners and Prize

The Winners of the Contest shall win the customized poster of the Participant’s martial arts pose (“Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. 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 Star India.

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

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

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

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

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

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data 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. Star India shall have the right to declare another Shortlisted Participant(s) as the Winner of the Contest and transfer the Prize to that person.

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

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

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

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

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

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

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

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

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

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

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

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

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

c. that harm minors in any way;

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

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

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

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

h. by impersonates another person;

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

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

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

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

4. General Rules:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities , its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.41. You acknowledge that in case the Contest and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

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

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

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

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

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

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

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

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

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

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

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

Key rules & regulations governing participation in star quiz challenge 2019

TERMS & CONDITIONS

1. The following rules and regulations (“Rules and Regulations”) govern the entire process for the participation in the Star Quiz Challenge 2019 (“Game”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in the UAE, Qatar, Bahrain, Oman, Kuwait, and Saudi Arabia (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Game hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”).

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

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

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

5. STAR shall promote the Game on its Facebook Page https://www.facebook.com/STARPlusMiddleEast (“Facebook Page”).

6. The Game shall be available on ww.starquiz.startv.com (“Game Website”).

7. Non-conformance by the Participant(s) to any and all the Rules and Regulations herein or as set by STAR from time to time will make such Participant’s entry into the Game as null and void.

8. The Star Quiz Challenge is available only in English language.

9. All Participants are advised to remain in areas with strong and stable/continuous network signal of the telecom operator or internet service provider to ensure smooth functioning of the Game.

10. The Game requires the Participants to answer general knowledge types of questions on the same format as Star’s program [LP(I1] [Star Quiz Challenge].

11. The score of each Participant shall be available at [LP(I2] the end of the game which he/she can share with their friends on Facebook by sharing the url of the Game Website. No Participants are eligible to win any prizes, gifts or other type of gratification in the Game.

12. All Participants can only participate in the Game after clicking on the “Accept” button to these Rules and Regulations.

13. By accepting these Rules and Regulations to participate in the Game, the Participant gives consent to publish his/her score on starquiz.startv.com after appropriate filtering mechanism designed by the Company. The Company will not be responsible or liable for any claims regarding the exercise of the Company’s discretion in this regard. The Company shall not be responsible for any kind of claims, damages, and outrage arising due to the participation of the Participants posted by the Participants. Additionally, the Company shall not be responsible for any violation of Intellectual Property rights that may arise out of any content posted by the users.

14. Each Participant may invite his/her friends by posting the Game Website url on their social media handles. Once invited, each User needs to accept the Rules and Regulations to participate in the Game. By participating in the Game, the Participant allows the Company to access and display personal information such as Facebook name and Facebook photo and Scores in the Leaderboard(s).

15. Each Participant shall be assigned a Unique Identifier for that respective Participant. The points are not transferable between Unique Identifier Only one Device’s answer selections shall be captured for scoring.

16. The Company reserves the right to modify and/or cancel the Game based on programming, technical requirements, unfavorable climatic conditions and/ or any other reasons as the Company may deem fit. The Game in such circumstances could be rescheduled, extended, cancelled or terminated in entirety.

17. Decisions made by the Company shall be final and the Company shall not be responsible for factors including but not limited to loss of data/Points or any other advantage/disadvantage caused to Participants due to technical errors or issues in their device, application, login interface/multiple logins for the same Unique Identifier (Facebook name and/or profile picture), any other Participant-led gamification manipulation, internet connection, latency and/or network coverage.

18. The Company recommends the Participants to maintain privacy of his/her personal details and not share phone number or any other personal details associated with any other social media platform or any other website.

· The Company will have access to and collect information and data related to the playing of the Game by the Participant during Game including their Facebook name and Facebook picture (“Game Data”). The Participant consents to the use of this Game Data by the Company for research and development for a better gaming experience, including but not limited to understanding the functioning of the Game Play, mapping general Participant behavior in response to the features of the Game Play, the improvement of the Game in general, etc. By participating in the Game, the Participants consent to the collection, storage, processing and the transfer of and sharing of the Game Data by the Company, in accordance with its Privacy Policy which is accessible at https://www.startv.com/legal-terms-policies/#pdp

19. . The Participation in the Game Play will be governed by the requirements of the relevant country’s privacy laws only.

20. In case of any queries, please write to [LP(I3] marketingme@startv.com with your concerns/issues related to the Game Play. All endeavors shall be made to reply to the queries within reasonable time on a best effort basis. However, the absence of a reply shall not be deemed to mean acceptance by the Company of any claims made in the query.

Refer the detailed Rules & Regulations mentioned below governing the Game.

DETAILED RULES & REGULATIONS GOVERNING PARTICIPATION IN THE GAME

1. GAME DESCRIPTION

“Star Quiz Challenge 2019” is a skill based online game (‘the Game’) which is being hosted and can be played on the Game Website which is owned and operated by the Company. The Game Play is meant to test the Participant’s knowledge of general knowledge. The Company may run other forms of contests, games hosted by the Company or third-party Sponsors and Partners during the course of the Game.

2. KEY DEFINITIONS

1. For the purposes of the Rules & Regulations, the expressions used herein shall have the meaning ascribed to them as below:

a. “Company” means Star Asianet Middle East FZ LLC; and includes its associates and affiliates for the purposes of the Game.

b. “Device(s)” shall mean Computers, Laptops, smartphones running the Android (with version 4.4 and above)/ iOS (with version 10 and above) operating platforms ets, capable of receiving and transmitting data including via Internet and/or mobile communications technology and/or any other similar technology. The Game may work on sim-based tablets and Devices other than smartphones operating on the Android (version 4.4 and above) or iOS (version 10 and above) operating platforms.

c. “Game Play” refers to the act of participating in the Game by answering the questions pertaining to the Game.

d. “Game Data” refers to the Participant information and Participant-specific Game related data collected by the Company during the Game.

e. “Leaderboard” is a dashboard which lists the top ten Scoring Participants in descending order of their Scores/ cumulative Points in the Game Play.

f. “Intellectual Property” shall include but not be limited to copyrights, trademarks, patents, trade secrets, domain names and / or any other legal interests recognized or protected as intellectual property.

g. “Game Intellectual Property” shall include but not limited to the Game creatives, game format, scoring format, all trademarks and copyrights obtained by the Company for the purposes of this Game, IT infrastructure design, domain names and terminologies used in this document to define specific aspects of the Game and any other Intellectual Property associated or related or developed in relation to the Game.

h. “Participant Profile” is a dashboard on the Game interface which consists of the cumulative Points earned by the Participant during the Game and during the Game Play.

i. “Point(s)” refers to a numerical mark or unit of scoring awarded for successfully answering a question correctly during Game Play.

j. “Registered User(s)/User” means a person who has a valid Facebook account and accepts these Rules and Regulations to access and / or participate in the Game.

k. “Rules & Regulations” means these rules and regulations governing the Game, as stated herein in entirety and as may be amended by the Company from time to time without prior notice, and includes Key Rules accompanying the version of the Game in the Website;

l. “Score(s)” means the cumulative Points won by a Participant while playing the Game Play.

m. “Unique Identifier” refers to the unique identification number assigned to each Participant of the Game who accepts the Rules and Regulations for the Game.

n. “the Game” refers to the playing of the game Star Quiz Challenge 2019 (“Game Play”) and participation the Leaderboard. Star Quiz Challenge 2019 is available on the Game Website which may be played by the Participants on the Device(s) in accordance with the Rules & Regulations and includes all versions of the Game.

o. “Participant(s)" means any person(s) who (i) agrees to enter and participate in the Game Play in accordance with the Rules and Regulations as defined in this document (ii) plays the Game on the Game Website, (iii) be present in the Territory and (iv) be of sound mind and health (v) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Game.

3. PROCEDURE TO PARTICIPATE IN THE GAME

i. Eligibility & Participation

1. The Game is made available in English exclusively on the standalone website starquiz.startv.com (“Game Website”) of the Company as accessible on the Devices.

2. The Game Play will work only in the Territory and shall not be accessible from other territory (ies) across the world.

3. To participate in the Game Play, the User should (i) agree to enter and participate in the Game Play in accordance with the Rules and Regulations as defined in this document (ii) play the Game on the Game Website, (iii) be present in the Territory and (iv)be of sound mind and health (v) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Game. The Participation in the Game Play will be governed by the relevant law of data privacy requirements only.

4. In case the Participant is below the age majority in the Territory; the Company shall assume a deemed acceptance of the Rules and Regulations by the Parent and/or Guardian of the Participant.

ii. Registration

1. By Participating in the Game, the Participant allows the Company to access and display personal information such as name and photo (in case of Facebook login) and Scores in the Leaderboard(s).

2. Prior to proceeding, the Participant agrees with the Rules and Regulations governing the Game.

3. All Registered Users that participate in the Game shall be deemed to have read and accepted the Rules and Regulations and the Privacy Policy as defined herein and updated from time to time.

4. The Game Play is available to all Registered Users, and is accessible for viewing and/or playing, for the duration as defined by the Company.

5. Each time a Participant accepts the Rules and Regulations, he/she shall be assigned a Unique Identifier for the purposes of the Game. The Points will not be transferable between Unique Identifiers, irrespective of Devices used for Game Play.

6. The Game Play Points shall accrue to the Unique Identifier linked to the Registered User. The Points will be accrued and associated to one Unique Identifier only; the first response for every question captured on the Company servers shall be considered for scoring and Leaderboards.

The Points shall accrue to the Unique Identifier as per the following scenarios:

Type of Participant

Treatment of Points

Registered User

The Points will be accrued to a Unique Identifier and the Points will be issued against the same Unique Identifier.


7. No registration is mandatory for the purposes of playing the Game.

8. In case of loss of Points due to loss of Device or loss of Points due to multiple logins from the same Device, any other any other Participant-led gamification manipulation, or any other technical glitches, the Company shall not be responsible to identify the actual Participant who has played the Game Play and no questions/queries or requests in this regard shall be entertained. The Company’s decision on whether the Participant should be credited unclaimed Points shall be final and binding on all Users that participate in the Game Play. In case the Company identifies any malpractice/ fraudulent usage / unfair advantage including but not limited to use of cheats, exploits, automation, software, bots or any unauthorized third-party software, the Company reserves the right to disqualify the Participant without any prior notice/intimation.

iii. Charges for the Game

1. Please note that the access to the Game Website is free of cost, however, the access of the Website shall consume data/internet charges. Therefore, the access of the Game Website and the Game Play will result in the use and consumption of data for which data charges as charged by your internet/telecom operator may apply. For further details, please contact your internet/telecom operator.

2. The Company will not and does not receive any monies and/or consideration from the internet/telecom operators and/or any third party, in connection with the data consumed by the Participant for playing the Game.

i. Game Format and Scoring

1. The Game shall have 3 rounds, i.e. Scattergories, Starcade and Rapid Fire. All questions asked are general knowledge questions covering current affairs, sports, science etc.

a. Scattegories

1. Player has to choose a category out of the six pre-set categories presented.

2. There will be 3 questions for all 3 categories if the player answers correctly; he gets to select another category.

3. The wrong answer will disqualify the player and he has to start the game again.

4. Player will get 15 seconds for each question to answer.

5. Completing this round will lead the player to round two.

b. Starcade Questions

1. Each question is worth 20 to 5 points

2. Each question will have 3 clues

3. If correct answer is given on the first clue, player scores 20 points

4. If correct answer is given on the second clue, player scores 10 points

5. If correct answer is given on the thried clue, player scores 5 points

6. If no answer or incorrect answer is given, the game will end.

7. Each question has to be answered within 15 seconds

c. Rapid Fire

1. 6 questions will be asked one after the other

2. Each question is 10 points

3. If the player answers the questions correctly, he/she gets 10 points

4. If questions are answered correctly consecutively, then 10 more points will be added:

a. 1st correct answer gets you 10 points

b. 2nd consecutive correct answer will give you 20 points

c. 3rd correct consecutive answer will give you 30 points

d. 4th consecutive answer will give you 40 points

e. 5th consecutive answer will give you 50 points

f. 6th consecutive answer will give you 60 points

5. 45 seconds to answer all 6 question

2. The Company reserves the right to edit/add more question / answer options, change the Points associated with a question, change the Points required to accumulate within each Round (including sub-Rounds) and take appropriate action in case any answer option does not qualify in the table above.

3. The order and frequency in which each type of question may be asked is at the sole discretion of the Company.

4. The Participant will have to provide answers for each Question within the Timer (the time specified in each round for answering a question), which starts from the time the question appears on the Participant’s Device. The Participant will win points as per the ‘Scoring’ process (detailed in section III) and be eligible to be included in the Leaderboards.

5. The Participant may be notified by a pop-up and/or display on the Game Play screen, upon the receipt of the correct and/or incorrect answers.

6. Only those options/answers which are received within the Stipulated Time, will be considered valid.

7. The Company may increase and/or reduce the Stipulated Time to answer each question at its sole discretion and the decision of the Company in this regard, will be final and binding on the Participant(s). Once the Participant selects an answer option for the question presented during the Game Play, the Participant will not be allowed to change the answer option. If for any technical and/or non-technical reasons, the Company’s servers fail to register any option/answer provided and/or selected by the Participant, the Company, shall not be responsible for such delayed receipt or non-receipt or incomplete receipt or receipt of corrupted answers.

8. In the event the Participant’s responses to any of the questions during the Game Play is not received within the Stipulated Time, due to any unforeseen reasons or errors including but not limited to technical or network errors or glitches, the Participant will not be allotted any Points for answering the question, notwithstanding the fact that the Participant may have correctly answered the question through the Device within the Timer on the screen of the Device.

9. In case multiple answer entries are received from Participant(s) for the same question, due to any unforeseen reasons or errors including but not limited to technical or network errors or glitches, the Company may at its sole discretion, choose the answer received at the first and foremost attempt by the Participant as recorded in the Company’s servers.

10. The Company will not entertain any claims/questions/queries with respect to the authenticity and/or correctness of any questions and answers for the questions.

11. The Company’s decision on the correctness or incorrectness of Participant Points computation is final and binding on all.

4. Other Terms and Conditions

1. The Game is meant for entertainment and recreational purposes only, and is not a contest, bet, award or challenge or other form of formal event.

2. The Game will be available only on the Game Website. The Company will not be responsible for any break or disconnection or disruption in network connectivity in any manner, irrespective of the network being used which results in any break during the Game. Network issues can disrupt various aspects of the Game such as receipt of questions and answer options, receipt of any sound, text, video feed related to the question, receipt by the Company of answer chosen by the Participant, etc. The Participant is advised to remain in an area with a strong and stable/ continuous mobile network signal of the telecom operator or internet service provider to ensure smooth functioning of the Game.

3. Any loss or outrage or dissatisfaction suffered during playing the Game Play by a Participant would not be the responsibility of the Company and/or its associates and affiliates, who will not be responsible to make good any such loss or dissatisfaction. Under no circumstances whatsoever, will the Participant be entitled to claim any damages against the Company and/or its associates and affiliates including but not limited to General and Special Damages, Consequential, Pecuniary and Non-Pecuniary, Liquidated, Aggravated, Exemplary Damages, Compensatory and Non-Compensatory, Nominal and Damages for Loss of Profit/ Loss of Opportunity.

4. In the event the response of the Participant is not received by the Company within the Stipulated Time period for the question for any reason, the Participant would not get points in the event that question(s) was answered correctly by him/her.

5. Other than the Game Website and Device(s), the Game will not be accessible on any third party live TV streaming medium or any other operating systems/platforms.

6. The Company will endeavor to ensure that the integrity of the Game is maintained at all times and will take reasonable steps in this regard. In the event the Company receives information that the integrity of the Game or Game Play has been compromised in any manner, including by using unfair or unlawful means, the Company reserves the right to take all actions, including suspending the Participant from the Game, to protect itself, the Game Website and the Game and Game Play.

7. By agreeing to these Rules & Regulations, you permit the Company to use your Facebook Name and Profile Picture in the event your Score qualified for the Leaderboard.

8. None of the Participants shall, without the prior written approval of the Company, speak to the press or any other media or any third person, nor give any interviews or comments relating to any aspect of the Game. The Participant shall not disclose any information whatsoever relating to the Company to any other party including screen shots of the Game on social media websites. Violation of this clause shall immediately disqualify the Participant’s prospects of further participation.

4. Systems and availability

1. Participants may need to adjust the Device display, font, brightness and resolution to default size or lower to ensure that they are able to play the Game on their Device(s) properly.

2. Participant is advised to keep the Device from which the Game is played, adequately charged. Low battery may result in shut down of the network and/or Device which could affect the Participant’s ability to play the Game.

3. The Company has ensured adequate redundancies with respect to the servers that are used to communicate with the Game Website for the Game. However, in the rare instance(s) that the servers are affected and are rendered non-functional, the Company will, at its discretion but not as an obligation, determine such measures as it may deem fit, including cancelling certain sections or segments or question(s) from the Game at the discretion of the Company.

4. An on-going Participant(s) could lose out on the opportunity to play one or more questions (and hence lose Points) in any of the following, but not exhaustive, situations:

i. Where a Participant answers a call/ message/ etc. on the Device where he/she is playing the Game;

ii. Where a Participant exits the Game Website while playing the Game;

iii. Where a Participant force quits the Game Website or restarts his/her Device during Game Play;

iv. Where there is a network drop or battery drain-out during Game Play;

v. Where the Device under use for Game Play hangs;

vi. Where the Device auto-locks, screen times out during the course of the Game;

vii. Where the Unique Identifier is used by multiple devices.

5. In the event the Game Play is terminated mid-session for any reason whatsoever, or where the Game Play or the ability of a Participant to participate in the Game is affected by any network/ IT/ phone related issue, and/or where a Participant exits the Game in the middle of an on-going ball, the Participant will be permitted to rejoin the Game Play only when the next question is about to be displayed.

6. The situations present hereinabove are only by way of example and there could be additional situations, beyond the Company’s control, wherein the Participant’s Game Play may be interrupted, and/or the Participant may lose an opportunity to answer any question. Under all such scenarios, the Participant will be permitted to rejoin the Game Play only when the next ball is played and the Company will not be liable in any manner for such interruption in the Game Play and/or any lost opportunity to answer any of the questions during Game Play, which results from technical and non-technical reasons attributable solely to the Participant, its Device, the internet and/or mobile networks and/or login issues through phone number/email ID/ Facebook ID and/or any other force majeure conditions.

7. The Company will not be responsible for any loss, outrage from or dissatisfaction suffered by the Participant, during Game or otherwise arising out of or resulting from the Game in general. The Company or its associates and affiliates will not be responsible to make good against any such loss, outrage or dissatisfaction.

8. While all attempts will be made to protect the Game Data, including the data pertaining to the correct answers given by each of the Participants, from loss and/or corruption, Participants agree and acknowledge that all systems are prone to failure and hacking attempts. In the event of any data loss, the Company shall make reasonable endeavors to continue with whatever data available in the manner it deems is fit. The Company will not be responsible for any damage resulting from the loss of data or the action taken by the Company for the continuity of the Game, on account of the same. The Company will not be held responsible to make good any loss or dissatisfaction suffered by the Participant, on account of such loss.

9. While the Company shall endeavor to make all reasonably practicable arrangements for the continuity of the Game, it cannot guarantee or assure seamless connectivity or continuous availability of the Game Website, server, system or software to the Participants during the conduct of the Game as these are dependent on external utilities/service providers and factors which could be beyond the control of the Company.

10. The Participant acknowledges and agrees to hold harmless the Company and/or any of its associates and affiliates for the application, network, process, technical or any other failures. Any losses, injury, discomfort, loss of privacy, inability to participate or any other discomfort of any sort caused to the Participant or the Participant’s property or device shall not be the responsibility of the Company.

11. In case any unauthorized activity is observed on the Game, Company reserves the right to disqualify the Participant causing and/or resorting to such unauthorized activity till such time as the Company deems fit. The Company would not be responsible to such Participant in any manner whatsoever on account of such disqualification.

12. Company shall not be liable for any failure of the Game Website server or system during the course of playing the Game.

13. Company and its sub-contractors are not responsible for delayed receipt or non-receipt or incomplete receipt or corrupted receipt of answers.

14. The Company accepts no liability and shall not be responsible and/or liable in any manner whatsoever in case the Participant(s) are unable to participate in the Game due to failure on the part of the telecom operator, internet service provider, facility provider, etc., or due to capacity constraints.

15. In the event the Game ceases to operate due to any unforeseen issues, including but not limited to technical issues or force majeure, the Company reserves the right to discontinue the Game for future and revise these Rules and Regulations to accommodate such discontinuation. The Company shall not be responsible or liable for any losses or damages caused due to such discontinuation.

16. It shall not be open for the Participant(s) or any of their representatives to require or demand an audit or verification of the any of the systems, databases, software, hardware of the Company and/or any of its associates and affiliates and its Partners used to host the Game Website or the Game, or any other criteria, process or system adopted by the Company as part of the process of conduct of the Game.

17. No person (i.e., either the Participant or any person on behalf of the Participant) shall initiate litigation against the Company, its associates and affiliates in any manner, in connection with the Game and/or the eligibility and/or the participation in the Game without first writing in to the Company at [LP(I4] marketingme@startv.com setting out its concerns/issues and providing the Company a reasonable opportunity to address such concerns/issues.

5. Intellectual property

The Intellectual Property rights ("Intellectual Property Rights") in Game Website, underlying Company and the Company Platform, and material published on the Game Website, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by the Company, its Partners, licensors and/or its affiliates and associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Company either in whole or in part without express written license from Company.

6. User conduct

1. Participant(s) agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Company or the Company Services.

2. Participant(s) shall not attempt to gain unauthorized access to the user accounts, servers or networks connected to Company services by any means other than the user interface provided by Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the Company services.

3. Participant(s) shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

7. GENERAL RULES & REGULATIONS

1. The Participant’s participation in the Game shall be considered to be acceptance of all Rules & Regulations as set forth herein including the Star Privacy Policy.

2. The Participant hereby represents that he/she is not under any contract, exclusive or otherwise, with any other third party/ agency or is not under any kind of disqualification or disability under law, to enter into an agreement with the Company or its associates and affiliates, as the case may be.

3. The Participant shall undertake, warrant and guarantee to the Company that the Participant has the full legal capacity to participate in the Game, in accordance with these Rules & Regulations.

4. The Participant acknowledges that he/she has voluntarily chosen to participate in the Game at his / her free-will and is willing to bear all risk, costs & consequences arising from such participation in the Game.

5. The Participant shall not have any claim against the Company and/or any of its associates and affiliates connected with the Game. The Company, its associates and affiliates or vendors connected with the Game shall not be responsible for any such eventuality and the Participant(s) shall not be entitled to claim any compensation from the Company.

6. In the event of any fault, misunderstanding or dispute concerning any part of the Game, and/or the operation of the internet system or the validity of any question or answer options, the decision of the Company shall be final and binding on all Participant(s) and other persons. The Company is empowered to take a decision on any case or instances not covered by the present Rules & Regulations.

7. The Company reserves the right to amend (add to, delete or modify) the Rules & Regulations prospectively or retrospectively, at its discretion and without prior approval in order to improve the Game or remediate any issues that may occur. The Participant is requested to carefully read these Rules & Regulations from time to time before using the Game Website for participating in the Game. It shall be the Participant’s responsibility to check these Rules & Regulations periodically for changes. The Company may require the Participant to provide his/her direct or indirect consent to any update in a specified manner before further use of Game Website for Game Play. If no such separate consent is sought, his/her continued use of Game Website for Game Play, following such changes, will constitute your acceptance of those changes.

8. The Company has the sole right at any time/to alter/ amend/ withdraw/ replace/discontinue and/or terminate the Game without any prior intimation or notice to the public and the Company is not obligated in any manner whatsoever to compensate any person(s) who have participated in the Game.

9. If any provision of these Rules & Regulations is held by any Court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Rules & Regulations and the remainder of the affected provisions shall continue to be valid. These Rules & Regulations and the Game shall be governed by and construed in accordance with the laws of UAE and the Participant(s) submit irrevocably to the jurisdiction of the Courts in Dubai.

10. Any dispute or claim arising out of or in relation to the Game or these Rules & Regulations shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time, by a sole arbitrator nominated at the sole discretion of the Company. The place of arbitration shall be Mumbai. The Language will be English. The award of the arbitral tribunal is final and binding on the parties.

11. The Company is empowered to take a decision on any case not covered by the present Rules & Regulations.

12. The Company, its associates and affiliates will not be liable for any loss of earnings, employment or otherwise, caused to the Participant(s) and arising as a result of his/her participation in the Game.

13. The Participant(s) hereby agree to indemnify the Company, its associates and affiliates against any claims that might arise from his/her actions or omissions while participating in the Game.

14. The Participant hereby agrees and undertakes that, the Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Game.

15. The only way to enter the Game is through participation as described in these Rules & Regulations. Any person claiming that he/she can help get you access to the Game for a consideration is defrauding you. Please contact your local police and report this person immediately.

16. Any person(s) claiming that he/she can help get favorable access to the Game Play/ Offer prize(s) for a consideration (monetary/non-monetary) is defrauding. Please contact your local police and report this person/s immediately. No prizes/gratification is associated with either playing of the Game or for its registration.

17. The Participant shall not have any ownership interest, license or other rights in the application for Game or any right in the Game Intellectual Property therein, whether by license, implication, estoppel or otherwise.

18. Subject to these Rules & Regulations, Company hereby grants you a limited, non-exclusive, non-sub licensable and non-transferable license, limited to the Territory, to use the Game and the content solely for purposes of using the Game Play and services provided therein. The Participant acknowledges and agrees that he/she shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from the Company or thirty party owners of such content.

19. Subject to the Rules & Regulations, the Participant(s) may access, view and otherwise use the Game (including, without limitation any services provided on or through the Game Website) for his/her personal (non-commercial), lawful use only. The Participant must not use the Game and any services provided through it in a manner which is prohibited by the Rules & Regulations or applicable law.

20. Company in its sole discretion may suspend or terminate and/or block the Participant(s) from accessing all or any part the Company’s Website and/or any service provided therein if he/she breaches or is suspected to be in breach of the Rules & Regulations or any applicable law or if he/she is found to be misusing the Game Website or are engaged in illegal or fraudulent use of Game Website in any manner. Suspension or termination of the Participant’s Game Play.

BIGG BOSS - Tamil – Season-3

VOTING TERMS AND CONDITIONS

These Terms and Conditions (defined below) shall be binding on each Viewer (defined below), in the territory of India (“Territory”) who voluntarily desires to participate in the Voting Mechanism (as defined hereunder) of the Program, for the Shortlisted Participants (as defined below) competing in the program titled “Bigg Boss- Tamil -Season -3’’ (“Program”) which is being aired on “Star Vijay TV ” (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”) 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 01st July, 2019.

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 (“Website”). These Terms and Conditions are made available at https://www.startv.com/legal-terms-policies/#wpp (“Terms & Conditions Website”). The Website and the Terms and Conditions Website shall hereinafter collectively be referred to as “Websites”. These Policies may be amended by 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 7) will open and end for the period tabulated in Clause 11 below (“Period”) in the Territory as mentioned herein. During the Period, the Viewers in the Territory can vote for their favorite Shortlisted Participant, as per the Voting Mechanism detailed below. 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 telecast from 23rd June, 2019 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

21.30 IST to 22.30 IST

Week Ends

21.30 IST to 23.00 IST

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

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

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

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

8.2 Hotstar Mechanism: Login to Hotstar Application in Android/IOS Devise, , visit the Bigg Boss Tamil page and click on the Vote now button as more fully described in Rule 10, the minimum updated of the devises are Android Version 5.0 and above and IOS 10.0 and above ;

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.

The Viewers will not receive any SMS or email confirmation for the votes cast by them during the Period.

9. Missed Call Mechanism

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

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

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

S.No

Name of Participant

Number assigned

1

Abhirami

8367796801

2

Cheran

8367796802

3

Fathima Babu

8367796803

4

Kavin

8367796804

5

Losliya

8367796805

6

Madhumitha

8367796806

7

Mohan Vaithya

8367796807

8

Mugen Rao

8367796808

9

Reshma

8367796809

10

Sakshi

8367796810

11

Sandy

8367796811

12

Saravanan

8367796812

13

Sherin

8367796813

14

Tharshan

8367796814

15

Vanitha Vijaykumar

8367796815

16

Meera Mithun

8367796816

9.3. It is clarified that each Viewer can cast a maximum of 10 (ten) votes per day, for the corresponding Voting Cycle (defined below) throughout the Period by way of a missed call for the Shortlisted Participant from a landline and/or mobile number that is registered with a network operator within the Territory.

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, visit the Bigg Boss Tamil 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 Tamil 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 votes per day per device, per corresponding Voting Cycle will be allowed through the Viewer’s Android and /or IOS Device 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 Date/time and end on the voting End Date/Time (“Voting Cycle”) as detailed below:

       

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. ny number of votes cast including during the Voting Cycle, exceeding the limit mentioned hereinabove, will not be valid and shall be rendered null and void.

12. Votes sent after the Period and/or after the applicable Voting Cycle as tabulated in Clause 11, will not be considered valid and shall be deemed null and void without requirement of any further intimation by 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. 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 Facebook page at https://www.startv.com/legal-terms-policies/#wpp

3. 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.

4. 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.

5. 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.

6. 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;

7. 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.

8. Without limiting the provisions of clause 2 of these General Terms, in case of any network failure, technical problem and/or for any reasons whatsoever, 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.

9. 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.

10. 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

11. 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.

12. Upon the Viewer’s voting for the favorite 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, and 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

‘#IncredibleFamilyOnStarMovies' Contest

Terms & Conditions

Please read the following Terms and Conditions very carefully before entering this contest ‘#Incredibles2OnStarMovies(“Contest”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Contest, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation inthis Contest to be held on Star Movies Twitter profile at the URL https://twitter.com/starmoviesindia (collectively referred to as “Handle”) from June 21, 2019 at 6.00 PMtoJune 23, 2019 at 9 PM (“Contest Period/Period”), organized and conducted by STAR India.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 toYour unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

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

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

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

1. Principal Rules for Participation:

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

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

ii. The Participant should have completed18 (eighteen) years of age and above to be eligible to enter thisContest;

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

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

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

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

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

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the tweet shared by Star India on the Handle(s) and respond by uploading the picture (in JPEG format) of the Participants’ family as required by Star India and describing inEnglish language in text not exceeding 280 characters, the reason why the Participant’s family is incredibleand submit/tweet on the Handle using the Hashtag (as defined below), hereinafter referred to as “Content”.

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

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

ii. upload the Content on the Handle, by using the hashtag #Incredibles2OnStarMovies (“Hashtag”) and tagging @StarMoviesIndia (“Tag”).

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

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

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

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

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

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

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

2. ContestMechanism:

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

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 45 days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, Participants whose Entries are valid and compliant with the aforesaid parameters shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer,100winners from the Shortlisted Participants (“Winners”) shall be selected. Such Participant(s) from the Shortlisted Participant(s) who fulfillall of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win the Prize.

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

Upon receipt of the Contact Details, Star India shall contact the 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 Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

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

Stage 4: Winners and Prize

The Winners of the Contest shall win the Incredibles poster of the Participant’s family (“Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. 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 Star India.

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

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

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

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

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

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data 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. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

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

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

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

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

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

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

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

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

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

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

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

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

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

c. that harm minors in any way;

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

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

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

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

h. by impersonates another person;

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

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

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

3.10. You acknowledge and confirm that neither Star India licensors norany of its affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participants and Winners. This Contest is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates. The Participant(s) and Winners unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Contest and the Prizes thereof.

4. General Rules:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.24. You hereby understand that Star Indiamakes no representation and/or warranties regarding the Contest or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;

4.25. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities , its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star Indiaentire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.26. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’sprogramming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this T & C by You, Star Indiashall be entitled to any and all remedies in law and/or equity;

4.27. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

4.28. The Participant acknowledges and confirms that neither Star India’s licensors nor any of the Star India licensor’s affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participant.

4.29. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Contestshall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Star Indiamakes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contestand assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platformincluding 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 thesocial media accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the social media platforms/ Contest section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

4.30. Star India are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in relation to the Contestand/or any matters arising out of the Terms and Conditions.

4.31. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prizes of the Contest is through participation as described in these T&C. Any person claiming that he/she can help You win the Prizes of the Contest for a consideration is defrauding You.

4.32. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct,Your attendance may be withdrawn or subject to limitation upon Star Indiasole discretion.

4.33. You hereby acknowledge that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these T & C shall be valid and binding and of like effect as though such provision was not included herein;

4.34. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Star India in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of Star India.

4.35. You further understand and acknowledge that nothing herein obligates Star Indiato maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

4.36. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

4.37. You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring Star India into public disrepute.

4.38. The contest shall be null and void in any jurisdiction where prohibited by law.

4.39. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Contest, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

4.40. Subject to the provision of Paragraph 4.39. above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

4.41. You acknowledge that in case the Contestand/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Contest and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.42. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.43. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.44. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.45. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Contest is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

4.46. You acknowledge and agree that upload and submission of Your posts/tweets does not necessarily entitle you to win a Prize.

4.47. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.48. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.49. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.50. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Star India., in this connection.

4.51. You hereby acknowledge that You have fully readand understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.

4.52. In case of any queries in relation to this Contest, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

Star Quiz Challenge 2019 Contest

Contest - Terms & conditions

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest ( as defined below) as detailed herein for participation in the “STAR QUIZ CHALLENGE 2019 Online Contest” (“Contest”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

Your act of participating in the Contest shall be deemed to be your absolute agreement to the rules and regulations, terms, Privacy Policy as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions will disqualify your participation in the Contest.

The Contest shall be governed by the Terms and Conditions, and, by entering the Contest, each Participant acknowledges that he/she has read and understood, and unconditionally agrees to comply with and abide by these Terms and Conditions. The decisions of STAR on all matters relating to the Contest shall be final and binding in all respects.

The Privacy Policy available at the Website at _www.startv.com_shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Contest, gathered under, or pursuant to this Contest by STAR (if any).

STAR shall promote the Contest on its Facebook Page at the URL: https://www.facebook.com/STARPlusMiddleEast/ (“Facebook Page”)

The Contest shall commence on [16th June] 2019 at 1830 hrs UAE Time and shall conclude on [7th July] at 2300 hrs UAE (“Contest Period”).

(I) Participants Eligibility

To participate in the Contest the Participant(s) must comply with the below:

1. The Participant(s) must be individual citizens/resident of the Territory and of twenty-one (21) years of age or above at the start date of the Contest Period.

2. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract

3. The Contest is not open to the employees (permanent or contract) and directors, including each of their immediate family members, of (i) STAR, its parent, subsidiary and affiliated companies (collectively, “STAR Entities”); and (ii) advertising and promotion agencies, the distributors, suppliers of prizes, including each of their parent, subsidiary and affiliated companies and or entities connected with the promotion of the Contest (collectively, “Sponsors”).

4. STAR reserves the right to verify the eligibility of all Participants.

5. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein or as set by STAR from time to time will make such Participant’s Entry(s) as null and void.

(II) Participation Mechanism:

1. A general knowledge question shall appear in the form of promo on the Facebook Page. The question shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and answer the question during Contest Period. To answer the question, Participants send the answer by sending To answer the question, Participants send the answer by sending a direct message to Star Plus Middle East Facebook page (“Entry”).

3. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has submitted his / her entry first with the incorrect answer and subsequently with the correct answer, only the first Entry shall the considered for the Contest, the subsequent Entry shall be considered null and void.

4. An Entry will be deemed valid only on completion of the full details requested along with the answer to the question.

5. All the information submitted by the Participant(s) will henceforth be collectively referred to as “Submission”.

6. Any details submitted must be accurate and complete and are subject to proof upon request by STAR.

7. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted.

8. The Entries received before the commencement or after the expiration of the Contest Period shall be void. Any incomplete and/or illegible entries will result in disqualification from entry into the Contest and the receipt of any prize.

9. STAR shall not be responsible for any Entry submitted but not received or recorded due to any reason whatsoever. Without limiting the generality of the foregoing, STAR shall not be responsible for technical errors of any nature whatsoever that results in a Submission not being received. Any automated receipt of confirmation does not constitute proof of actual receipt.

10. Only eligible Submissions/Entries received during the Contest Period will be included in the Contest.

11. Submissions should state all the required information asked from the Participant(s). If the same is not complied with, then the Submission will not be considered and will be disqualified.

12. The Participant(s) shall ensure that the Entry is original, decent and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person nor does it violate the right to privacy of any person. The Participant(s) hereby agrees and confirm that the Entry is in compliance with all applicable laws of the Territory and agrees to keep STAR, STAR Entities and/or Sponsors indemnified from any claim thereto.

13. The Participant(s) agrees that the Entry shall be free of any virus/Trojans/spyware/malware or any such program which may harm the recipient’s computers/ system/servers etc. or contain any links which are intend to harm and/or provide unauthorized access to the recipient’s computer and the data therein.

14. The Participant(s) represents and warrants that the persons appearing in the Entry are the Participant(s) and his/her relatives alone and are not a group of friends or acquaintances. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Selection Process and Gratification:

1. STAR shall within Fifteen (15) days after the expiry of the Contest Period shortlist one (1) Participant randomly who has answered the question correctly (“Winner”). Such Winner shall be required to fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of STAR.

2. The Winner will be contacted via message the same Facebook profile through which the Entry was submitted. Such Winner will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the personal information provided by the Participant(s) including but not limited to age proof and address proof (eg. Passport/Resident VISA/ any other valid ID for verification) (“Documents) within next 48 (forty-eight) hours of contacting them. Each of the selected Winner(s) shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Winner(s) is unable to furnish the original document(s) to verify the eligibility details, the said Winner(s) shall be disqualified from the Contest, based on the sole discretion of the Company. In the event, Winner fails to submit the Documents within the stipulated time, his/her participation shall be invalidated and he/she shall forfeit his/her chance to win the prize. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

3. The communication to the Winner would be done within thirty (30) days from the end of the Contest Period. In the event such communication to Winner is postponed for whatsoever reasons, STAR will not be held responsible and there shall be no winner announcement done on any public forum or otherwise.

4. STAR shall not be responsible if the Winner does not respond to the message and as a result of which the Winner loses his/her chance to receive the prize.

5. In the event that STAR is of the opinion none of the Entries are eligible to be selected as a Winner, then STAR may exercise its discretion not to select any winning Entry

6. STAR shall make only one (1) attempt to reach the Winner. In case they do not revert, the selection shall be invalidated and STAR shall not be liable to that Winner in any manner whatsoever.

7. The Winner will win a gift hamper / (“Prize”). For avoidance of doubt it is clarified that the plus one of the Winner shall (i) an individual citizens/resident of the Territory and of twenty-one (21) years of age or above at the start date of the Contest Period, (ii) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest and (iii) should be legally eligible to enter into a contract.

8. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. The Participant(s) should be legally eligible to enter into a contract

9. The Winner shall be solely responsible for collecting the gift hamper from the location of Star’s choosing.. The Winner shall be responsible for and shall bear any other costs, expenses and charges not specified as being included in the Prize description informed to the Winner from time to time..

10. The Winner shall make a declaration as to his physical and mental fitness to travel and shall indemnify STAR against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.

11. If the selected Winner are unable to or does not claim the Prize for any reason whatsoever, they shall be deemed to have withdrawn from the Contest and forfeited their right to claim the Prize.

12. All decisions of STAR shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Entry in the Contest shall be construed that the Participant(s) has waived their right to dispute any decision(s) made by STAR.

13. STAR reserves the right to withdraw the Prize should the selected Winner fail to comply with any of these Terms and Conditions and/or applicable laws or for any reason whatsoever.

14. STAR, STAR Entities and the Sponsors assume no responsibility and shall not be held liable for any damages, losses, injuries, inconvenience or any other liabilities of any nature whatsoever arising in connection with the fulfilment of any Prize, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Prize offered.

15. Each Participant hereby acknowledges and agrees that STAR or STAR Entities shall not be held responsible for any acts or omissions on the part of the distributors while availing of the subscription of the channels and/or access to internet platform. It is solely the responsibility and discretion of the distributors in their respective Territory to distribute the channels to a particular Participant in any manner which they deem fit.

16. In case a Participant(s) and/or Winner fails to produce any documents required by STAR for the purpose of verification of complicate with these Terms and Conditions, such Participant(s) and/or Winner the shall stand disqualified without any liability to STAR.

17. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winner and the Winner cannot exchange the Prize for a gift of equivalent value. Further, the Prize won is personal to the Winner and the Winner cannot transfer the Prize to any other person.

(IV) Additional Terms:

1. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) check the Terms and Conditions of the Contest on the website of STAR i.e. www.startv.com

2. STAR reserves the rights to terminate or temporarily suspend the Contest at any time, with or without notice, for any reason whatsoever.

3. Under no circumstances will STAR, STAR Entities and/or the Sponsors be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

4. The Winner hereby acknowledge and agree that the relationship between the Winner and STAR is not a confidential, fiduciary, or other special relationship.

5. The Winner hereby agree to be bound by the Terms and Conditions and/or by any subsequent revisions of the Terms and Conditions (“Revised Terms”). STAR reserves the right to amend, add or delete any of the terms at its sole and absolute discretion without further notice. The Revised Terms (if any) shall supersede all prior Terms.

6. All Submissions and/or Entries shall become the property of STAR and/or STAR Entities. By entering the Contest, the Winner grants STAR and STAR Entities unlimited use of their names, address, voice, photographs, statements and/or likeness including the Entry in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

7. For the sake of clarity, all rights, title and interest in Entry shall vest with the STAR and may be utilized by STAR at a later point in time, at its sole discretion. The Participant and/or the Winner hereby irrevocably, perpetually and for the entire world, assigns all rights, title and interest including rights in any intellectual property vested in the Entry to the STAR including but not limited to the right to make any adaptation, rights in any form of exploitation etc.

8. All ancillary costs associated with the receipt or use of the Prize, whether direct and/or indirect, including without limitation charges (including visa charges), expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the selected Winner.

9. By providing any personal information to STAR and/or entering the Contest, each Participant thereby waives their privacy rights and/or any privacy expectations they have with respect to the use of their likeness or personal information furnished to STAR. If a Participant does not wish to have his/her information and/or likeness viewed by or disclosed to others, he/she should not enter the Contest.

10. Participants agree to not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right to, infringes any patent, trademark, copyright or other proprietary rights, impersonates another person, is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging and/or violates any law for the time being in force,

11. The Winner agrees that if due to any reason, whatsoever, beyond the control of STAR the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, STAR cannot be held responsible and/or liable for the same.

12. STAR is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

13. The Winner shall do any and all acts and execute any and all documents in such manner and at such location as may be required by STAR in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to STAR failing which their selection shall be forfeited.

14. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to STAR and not to any other party. The information provided will be used in conjunction with the Privacy Policy of STAR.

15. The Participant(s) and/or the Winner shall fully indemnify, defend and hold harmless, STAR its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner during the Contest and/or enjoyment of the Prize.

16. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with STAR and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with STAR, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

17. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of STAR, in any manner whatsoever.

18. The Contest shall be governed by and construed in accordance with the applicable laws of India. All matters with respect to the Contest are subject to the exclusive jurisdiction of the Courts at Mumbai.

Limitations of Liability: By entering the contest, each Participant acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any)notwithstanding the foregoing, under no circumstances will star and/or star entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise

‘Celebrating Father’s Day' Activity

Contest - Terms & conditions

Please read the following Terms and Conditions very carefully before participating in the activity ‘Celebrating Father’s Day’ (“Activity”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Activity to be held on the Star Movies’ Twitter handle at https://twitter.com/StarMoviesIndia (“Official Twitter Handle”), Star Movies’ Instagram handle at https://instagram.com/starmoviesindia (“Official Instagram Handle”) and Star Movies’ Facebook account at https://facebook.com/startmoviesindia (“Official Facebook account”) on June 16, 2019 from 11.00A.M. to 11.59P.M. (“Activity Period/Period”), organized and conducted by STAR India. The Official Twitter Handle, Official Instagram Handle and Official Facebook account are hereinafter referred to as “Handle(s)”. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Activity and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Activity. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Activity and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined later). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Activity shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Activity in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content :

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Activity;

iii. The Participant should be well versed in the English language - both written and spoken;

iv. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;

v. The Participant should have proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees, affiliates, directors and representatives of Star India and their immediate family member(s) are not eligible to participate in this Activity.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the post shared by Star India on the Handle(s) and respond in English language in text not exceeding 280 characters, upload photograph(s) in JPEG format and/or videos of high resolution, as the case may be and as required by Star India from time to time, the reason why the Participant’s father is a superhero or incredible and submit/tweet on the Handle using the Hashtag (as defined below). The tweet/post in text shared by the Participant from the respective Participant’s social media accounts shall not exceed 280 characters in English language. The tweet or post in text and/or images and/or videos submitted by the Participant is hereinafter referred to as “Content”.

The Participant (s) should only submit Content which satisfies the following criterion:

i. Relevant to the Activity as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Activity.

ii. upload the Content on social platform (Facebook, Twitter and/or Instagram) from their own Twitter handle, Facebook account and/or Instagram, by using the hashtag ‘#FathersDayWithStarMovies’ (“Hashtag”) and the said accounts should not belong to any third party.

iii. be original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights;

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies;

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, profane, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights;

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

viii. submission of low resolution images and/or low resolution videos may lead to disqualification of the entry. The users are requested to share high resolution images and/or videos.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement

2. Activity Mechanism:

After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content from the Participant’s Twitter handle, Instagram handle or Facebook account. Participant(s) must enter the Activity on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Twitter, Instagram or Facebook account, Star India reserves the right to disqualify such Participant(s) from the Activity.

For avoidance of doubt it is clarified that for the purpose of participating in the Activity, the Participant(s) may upload as many post(s)/tweet(s) as they desire but only post(s)(tweet(s) received before the close of the Activity Period shall be considered valid for the Activity. The Participant(s) agrees not to spam and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Activity.

The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the Hashtag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use, exploit and/or utilize the Content during the Activity Period, as it may deem fit at its sole discretion. Star India may create a photograph gallery/video containing the Content and/or any part thereof during or after the Activity Period, as it may deem fit at its sole discretion. Star India will be free to exploit, display, publish and use such photograph gallery/video, as it may deem fit at its sole discretion and in any manner whatsoever. In consideration of being giving an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant shall be responsible to apprise the respective third party appearing in the picture/video shared by the Participant about the Activity and the contents of these Terms and Conditions. The Participant shall be solely responsible to obtain consent(s) from the respective third party(ies) for the individual(s), location(s), event(s), etc. which form part of the Content and Star India shall not be responsible in any manner whatsoever. The Participant shall be solely responsible for the acts and/or omissions of the respective third party appearing in the picture/video shared by the Participant. The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny any Participant(s) from participating in the Activity if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

3.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

3.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

3.4. You have not prior to the submission of the Content approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons , broadcasters , production houses , media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

3.5. The details and any other information given by You in connection with the Entry and/or submission of the Content is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

3.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.

3.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

3.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content): that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any privacy laws for the time being in force;

f. that violates any law for the time being in force;

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

j. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India and (v) if any representation , warranty or Personal Information made by You turns to be untrue, false and in accurate(vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the material submitted forming part of the Entry and/or the Activity during the Activity Period. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

3.10. You acknowledge and confirm that Star India licensors and/or any of its affiliates are not in any manner whatsoever associated with the Activity. This Activity is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates. The Participant(s) unconditionally and irrevocably release and discharge Star India, its licensors’ and their producer and/or distributor and their affiliates from any and all liability in connection with this Activity.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use, independent of You and /or your submission of Content.

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India and/or its affiliates. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Star India. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) for the purposes of the Activity and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of Star India, if any or any related series of sound recordings and video recordings which have been shot and includes recording of any personal questions or conversations relating to the personal lives of the Participant (“Footage”) and agree that the Footage may be used by Star India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Footage vests exclusively with Star India worldwide in perpetuity and Star India is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Activity and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by Star India, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Content including any form of photographs, stills, literary works made by the Participant(s) or compilation, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

4.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.5. For the purposes of this Activity, by uploading and /or submitting/ his /her tweet/post on the Twitter, Instagram or Facebook platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter, Facebook and Instagram. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Activity without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter, Facebook and/or Instagram shall be resolved directly with the platform without any recourse to Star India.

4.6. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using the respective social media accounts while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

4.7. You acknowledge and agree that the posts/tweets submitted by You shall be made available for viewing, rating and reviewing. The Participant will be solely responsible for complying with the terms stipulated by Twitter, Instagram or Facebook, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).

4.8. By providing any personal information to Star India, as part of the Entry, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or personal information furnished to Star India;

4.9. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the website(s) from time to time in order to be informed of the latest version of the T&C;

4.10. You agree and understand that the decision of Star India with respect to the Content submitted by You will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

4.11. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or qualification of an Participant (s), STAR India not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;

4.12. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation in case of non-submission and/or delayed submission of such additional documents;

4.13. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Activity;

4.14. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.15. You acknowledge and agree that Star India shall have no obligation to post, display, or otherwise make publicly available any tweets/posts submitted by You.

4.16. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Activity is delayed or postponed or cancelled;

4.17. Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.18. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding Star India shall, at all times, without any restriction/s and/or prior approval/s have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further You in consideration of Your participating in the Activity, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

4.19. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;

4.20. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches, in the network and/or the cost of the call or internet session charged by the telecom/mobile operator etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

4.21. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Activity. You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.22. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forums in India to claim any damages or reliefs;

4.23. You hereby understand that Star India makes no representation and/or warranties regarding the Activity or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;

4.24. Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities , its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.25. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this T & C by You, Star India shall be entitled to any and all remedies in law and/or equity;

4.26. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

4.27. The Participant acknowledges and confirms that neither the Star India’s licensors nor any of their affiliates are in any manner whatsoever associated with the Activity.

4.28. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Activity shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Activity. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Activity and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platforms including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platforms including this section, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the social media platforms/ Activity section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

4.29. Star India are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in relation to the Activity and/or any matters arising out of the Terms and Conditions.

4.30. No purchase or payment of any consideration is necessary to enter the Activity. The only way to participate in the Activity is through participation as described in these T&C. Any person claiming that he/she can help You participate in the Activity and/or win any prizes for a consideration is defrauding You.

4.31. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

4.32. You hereby acknowledge that in case any portion/clause of these Terms is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these T & C shall be valid and binding and of like effect as though such provision was not included herein;

4.33. You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Star India in connection with this Activity; and agree to make no public press announcements or information for publication without the explicit approval of STAR India.

4.34. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Content submitted by You or any part thereof, which is (a) already available or known publically; or (b) has been made available to Star India by third parties with/without any obligation to maintain confidentiality; or (c) is independently developed by Star India or any of its employees, representatives, contractors, licensors, assignors or agents or is acquired by Star India from any third party;

4.35. You hereby acknowledge that Your representations, warranties, indemnities and obligations as well as the confidentiality provisions and dispute resolution mechanism shall survive the efflux of time and the termination of these Terms and Conditions.

4.36. You shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring Star India into public disrepute.

4.37. The Activity shall be null and void in any jurisdiction where prohibited by law.

4.38. The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

4.39. Subject to the provision of Paragraph 4.38. above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

4.40. You acknowledge that in case the Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any Act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Activity and/or the participation of an Participant forthwith and such decision shall be final and binding.

4.41. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Activity. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.42. You hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

4.43. You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

4.44. You hereby acknowledge that Your voluntary participation in the Activity and /or Your contribution towards the Activity is voluntary and out of Your free will and consent, without any monetary compensation whatsoever.

4.45. You may be required to make Yourself available and participate in any activity and/or promotional activity of any nature whatsoever without any money payable to You.

4.46. Star India recommends that the Participant shall maintain privacy of his/her personal details and not mention the phone number or any other personal details on any social media platform.

4.47. Participant correspondence, transactions or related activities with third parties, including payment providers are solely between the Participant and that third party. Participant’s correspondence, transactions and usage of the services of such third parties shall be subject to terms and conditions, policies and other service terms adopted/implemented by such third parties, and the Participant shall be solely responsible for reviewing the same prior to transacting or availing of the services. Star India will not be responsible for or liable for any loss or damage incurred as a result of any such transactions. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

4.48. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the You and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the You and Star India., in this connection.

4.49. You hereby acknowledge that You have fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.

4.50. In case of any queries in relation to this Activity, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

'GOT Helpline' Activity

Terms & Conditions

These terms and conditions (‘Terms’/’Terms and Conditions’) govern the missed call activity titled “GOT Helpline” (‘Activity) organized, conducted and brought to you by STAR India Private Limited (‘STAR India’) based on the program Game Of Thrones (‘Program’) telecast on the Channel on Tuesdays at 22.00 hours. The Activity shall commence from 1st May, 2019 at 10:00 hours IST and shall conclude on 10th June, 2019 at 12:00 hours IST (‘Activity Period’).

You (‘Viewer(s)’/ ‘You’) may voluntarily participate in the Activity if you agree with these Terms. If you do not agree or cannot comply with any of the Terms then, please do not participate in the Activity. You can access/view these terms at the following URL: https://www.startv.com/legal-terms-policies/ (‘Website’).

The Activity will be held during the Activity Period and is open for participation by viewers/users of the Channel in India only.

You hereby agree and understand that STAR India will have access to and collect information and data shared by You including your Personal Information (defined below) submitted by You during the course of participating in the Activity. By the act of participating in the Activity, You consent to the collection, receipt, storage, processing, disclosure, transfer, use, retention and sharing of the Personal Information by STAR India, its affiliates, and designated third parties in accordance with the terms of STAR India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”). By the act of participating in the Activity, You have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Terms and to the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Terms and the Privacy Policy, please do not proceed to participate in the Activity. The decision of STAR India for all matters relating to the Activity shall be final and binding in all respects. The Activity and/or Your participation in the Activity shall be governed by the Principal Rules and General Rules stated herein below.

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to the Activity by the Viewer(s) gathered hereunder (“Personal Information”).

By participating in the Activity 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 Activity 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 Activity will be announced and promoted through astons on the channel ‘Star World’ (SD and HD) (“Channel”) and/or any other means at the sole discretion of STAR India, and such promotion will continue till 10 th June, 2019 and/or till any other time, based on the sole discretion of STAR India.

2. During the Activity Period, the Viewers are required to give a missed call to the toll free number 1800 313 6311 (“Number”), subsequent to which the Viewer will receive a SMS and thereafter a call which the Viewer is required to receive and follow the instructions as per the pre-recorded message. The Viewer(s) interested in participating in the Activity are required to give a missed call on the Number and receive the call thereafter in order to participate in the Activity.

3. STAR India will sufficiently promote the Activity on the Channel, to ensure that no Viewer is misled and each Viewer fully understands the entire process and costs (if applicable) for calling the Number and/or participating in the Activity. It is clarified that all costs towards calling the Number shall be borne by the Viewer solely without any recourse whatsoever to STAR India and/or the Channel.

4. Any calls before or after the Activity Period stated in these rules and regulations shall not be considered and shall be null and void (Each an ‘Entry’).

5. It is understood that any announcement based on the Activity, 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.

6. Standard calling rates may or may not be applicable for Viewers to participate in the Activity. It will be Viewer’s responsibility to understand and enquire charges as may be applicable with their telecom operator(s). In case of calling the Number while roaming in different circle/zone, additional roaming rates may be applicable. Star India shall not be responsible for any such charges incurred by the Viewer(s).

7. Any costs or expenses incurred to participate in the Activity shall be solely borne by the Viewers and STAR India shall not be liable for any such costs or expenses.

8. Entries received by STAR India after the Activity Period or beyond the stipulated time, shall be null and void without requirement of any further intimation by STAR India.

9. The Viewer(s) may be required to respond to the pre-recorded message (“Response”) and the Viewer shall ensure that such Response is:

a) Relevant to the Activity.

b) original and authored/ owned by the Viewer(s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third party(ies) and/or privacy/personality rights.

c) has not prior to the submission of the Response, in the manner as set out below, pitched or shared or presented to STAR India and /or any of its employees /directors /representatives;

d) 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.

e) 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.

f) not in breach of Response related requirements detailed in these Terms and Conditions particularly under Paragraph 10 of the Principal Rules.

10. The Response shall not include any advertisements or solicitation of any business/es and the Viewer undertakes to ensure that the Viewer shall not share any information:

a) that belongs to another person and which the Viewer does 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.

11. It is agreed that STAR India shall not be responsible in the event the Viewer does not receive the SMS and/or the call due to any network issues and/or technical error of any nature whatsoever.

12. The Viewer agrees and acknowledges that the opportunity to participate in the Activity is the sole consideration to the Viewer; and save and except as stated otherwise within these Terms, the Viewer is not entitled to receive any gratification, prize, monetary or otherwise, for participating in the Activity.

13. The Viewer(s) authorizes, permits, and grants consent to STAR India, its affiliates, group companies and/or their authorized representatives to record the Viewer’s voice, the Response or utilize any other Materials (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as STAR India may deem fit. Viewer(s) specifically agrees, allows, grants and permits STAR India or any party authorized by it to record, including any interaction of the Viewer with Star India or any representative of STAR India, if any or any related series of sound recordings and agree that the Material may be used by STAR India as it deems fit anywhere in the world at any time now or in the future. For the avoidance of doubt, all rights in the Materials vests exclusively with STAR India worldwide in perpetuity and STAR India is entitled to exploit the same in any manner it may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by STAR India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Activity and submission of the Response.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Viewer(s) relating to or in the footage and/or audio recordings and/or underlying works owned by STAR India, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Response including any form of sound recordings and/or underlying works made by the Viewer(s) and any other Intellectual Property created/ generated by the Viewer(s) during the course of the Activity.

14. The Viewer(s) do hereby release in favour of and assign to STAR India all rights including but not limited to the intellectual property rights in and to the Materials, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

15. STAR India reserves the right to disqualify any Viewer(s) from participating in the Activity 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 Activity 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 Activity Period. The Viewer should not have a criminal conviction or an arrangement or a contract that prevents the Viewer from participating in the Activity. 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 Activity. 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 Activity. The Viewers should be well versed in English language and should abide by all the applicable laws at all times.

2. STAR India reserves all rights to make amendments to the existing Terms or withdraw, change, alter, amend the Activity mechanism, Terms, Activity Period and/or any aspect related to the Activity without giving prior notice. It shall be the sole responsibility of the Viewer(s) to check the Terms from time to time.

3. All the Entries will be stored in a backend system operated by STAR India and/or any person/agency appointed by STAR India.

4. STAR India reserves the right to cancel and/or reschedule the Program and/or the Activity and/or extend or alter the Activity 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). STAR India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Activity is delayed or postponed or cancelled. STAR India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Viewer(s) whatsoever without prior notice to the Viewers;

5. In no event shall the Viewer(s) dispute the decision made by STAR India in connection to the Entry and /or any aspect related to the Activity. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity, the decision of STAR India shall be final and binding.

6. 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 Entry received from such Viewer.

7. 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 Activity.

8. 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, 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 Activity 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 Entry will stand disqualified and such decision of STAR India shall be final and binding.

9. 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 Activity and any such costs, if applicable, shall be solely borne by the Viewer(s).

10. 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 missed call or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving either STAR India and/or the Channel.

11. In case of any telecom and /or network failure and /or technical failure in calling the Number and/or logging on to the official Website and/or for any reasons whatsoever, STAR India reserves the right to, at its sole discretion, change the Activity mechanism and /or cease from accepting Entries 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 Activity/ mechanism including without limitation Activity system failure in the mechanism of recording the call/phone lines being open /close or default /internet lines logging on automatic acceptance of Entries beyond the Activity Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of STAR India.

12. By participating in the Activity 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 Privacy Policy as uploaded on the Website, which are incorporated herein by this reference.

13. STAR India makes no representations and/or warranties regarding the Activity, or any matter in connection therewith other than those expressly given in these Terms and hereby expressly disclaims all other warranties, expressed or implied.

14. By participating in the Activity, 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 Activity 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.

15. LIMITATIONS OF LIABILITY: BY ENTERING THE ACTIVITY, EACH VIEWER ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED AND ASSOCIATED WITH ENTERING THE ACTIVITY (IF ANY), NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL STAR 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.

16. 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.

17. The Viewer acknowledges that in case the performance, continuance of this Activity 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 Activity, any gratification and/or participation of a Viewer forthwith and such decision shall be final and binding.

18. 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.

19. 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.

20. 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.

21. The decision made by the Channel and/or STAR India regarding the Activity shall be final and binding on the viewers and in no event shall the viewer(s) dispute the decision made by STAR India, Channel and/or its employees in connection to the Activity.

22. By the act of calling the Number, it shall be construed that the Viewer(s) has waived his/her right to raise any dispute with regard to the Program and/or Activity, in any manner whatsoever to the extent permissible under law.

23. The Terms shall be construed in accordance with the laws of India and any dispute or other matter arising in reference to the Activity 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.

24. Subject to the provision of paragraph 23 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.

25. In case of any queries in relation to this Activity, you can write to hello@startv.com. STAR India shall endeavour to reply to the same within a reasonable time.

“WHO AM I?” contest

TERMS AND CONDITIONS

The following are the rules for the “WHO AM I?” contest (the “Contest”) hosted by Star India Private Limited (“STAR”). The idea behind the Contest is to test the knowledge and skill of the cricket fans and viewers. Any personal information gathered pursuant to this Contest shall be subject to the Company’s personal data privacy policy and website privacy policy, available at http://www.startv.com/legal-terms-policies/#pdp and http://www.startv.com/legal-terms-policies/#wpp respectively (collectively, “Privacy Policy”), which is incorporated herein by reference. This 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 9th June, 2019 to 2 nd July, 2019 on all match days of the ICC Cricket World Cup, 2019 or such other dates as may be decided by STAR at its sole discretion and announced by Star (“Contest Period”).

2. The Contest is a game of knowledge and skill whereby the participants would have to correctly answer certain questions related to cricket. The Contest will run in the manner described hereinbelow:

(A) STAR will ask 1 (one) question related to cricket every match day during the Contest Period on 4 (four) of its regional sports channels, i.e., Star Sports 1 Kannada, Star Sports 1 Tamil, Star Sports 1 Telugu and Star Sports 1 Bangla, on the cricket pre-show by the name of “Phillips Hue Cricket Live” on these 4 (four) regional channels; and

(B) All the Participants must be residing in India during the Contest Period and must be at least 18 (eighteen) years of age as on the date of participating in the Contest. The Participants may answer the questions posed under para (A) above upto midnight of the same day (“Closing Time”), via only SMS, on the numbers indicated by STAR for each regional channel (“Answers”). Any Answers which are received after the Closing Time shall not be considered valid and shall be deemed to be null and void without requirement of any intimation by STAR. In case multiple Answers are received from the same number, only the first Answer received (on the number indicated by STAR) shall be considered and the subsequent Answers shall be disregarded; and

(C) The Participants, who answer the question(s) posed under para (A) above correctly within the timeline indicated under para (B) above, shall be put into a pool, out of which 1 (one) daily winner shall be selected per channel for every match day of the Contest Period, via a randomizer (“Winners”). STAR shall notify each of the Winners vide email/SMS or otherwise within 24 (twenty four) hours from the Closing Time for each match day during the Contest Period or within such other time period as STAR may determine at its sole discretion. STAR shall also announce the correct answers to the questions on the aforementioned pre-show; and

(D) All the Participants (for a particular regional channel) who have answered any of the questions correctly on any match day till the end of the Contest Period shall be put in 4 (four) different pools, i.e., one pool for each regional channel. From each of these 4 (four) pools, 2 (two) lucky winners shall be selected per regional channel, via a randomizer (“Mega Winners”). Thus, a total of 8 (eight) Mega Winners shall be selected on this basis. The names of the Mega Winners (for each regional channel) shall be announced by STAR on 6th July, 2019 (or such other date as STAR may determine) on the respective regional channels mentioned hereinabove and on any other media as STAR may determine.

3. The Winners/Mega Winners shall be selected on the basis of the relevance and correctness of their Answers or other criteria as STAR may consider appropriate. The decision of STAR in selecting the Winners/Mega 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. During the Contest Period, each of the 4 (four) daily Winners per match day shall be awarded with OPPO phones by STAR (the “Daily Prize”). It is clarified for the avoidance of doubt that 1 (one) person can win the Daily Prize only once during the duration of the Contest Period.

5. Each of the 8 (eight) Mega Winners shall be awarded with a meet and greet event with STAR’s commentators /experts along with a guided tour of STAR’s studio in Mumbai, which will also include an all-expenses paid round trip to Mumbai (“Trip”). For the Trip, STAR shall bear only the following expenses :

(a) return economy flight tickets for the Mega Winners from the nearest city (for the Mega Winner) with an airport which has direct flights to Mumbai and back; and

(b) buffet lunch per day for the Mega Winners during the duration of the Trip at STAR’s office; and

(c) local transfer (by car) from the Mumbai airport to the venue of the meet and greet event, and back; and

(d) accommodation for 1 (one) night at a hotel in Mumbai.

All expenses incurred with respect to the Trip as per (a)-(d) of paragraph 5 above shall be paid directly by STAR to the respective service providers and no reimbursements shall be made/paid by STAR to any of the Mega Winners.

It is clarified for the avoidance of doubt that other than the expenses as specifically listed in (a)-(d) of paragraph 5 above, STAR shall not bear or pay for any other expenses incurred by the Mega Winners at any time during the duration of the Trip including but not limited to all hotel room service bills, mini bar bills, mobile bills, travel expenses (other than what is listed hereinabove) and any other personal expenses and other additional expenditure incurred by the Mega Winners such as on gifts, spa treatments etc. It is further clarified for the avoidance of doubt that no per diem expenses / allowances shall be paid to the Winners and/or the Mega Winners. It is clarified for the avoidance of doubt that the dates/duration of the Trip as well as choice of hotel, airline and transportation shall be at the sole and absolute discretion of STAR.

The Daily Prizes and the Trip in paragraphs 4 and 5 hereinabove are collectively referred to hereinafter as the “Prize”. The Winners and the Mega Winners are hereinafter collectively referred to as the “Prize-winners”.

Taxes – STAR shall only be responsible in respect of withholding taxes (if any) applicable on the Daily Prizes or on the Trip which is equivalent to the expenses of the Daily Prizes or the expenses of the Trip borne by STAR as per paragraphs 5(a)- (d) above as per the laws of India. All taxes on income shall be the responsibility of and shall be borne by the respective Prize-winners.

STAR shall not be liable for non-receipt of any Prize(s) by any of the Prize-winners, including due to errors or failures or deficiencies in dispatch services or in address details provided by the Prize-winners. The Prizes must be claimed in response to messages or telephone calls made to the Prize-winners. Any and all taxes and/or levies applicable under the laws of India and any incidental costs direct and/or indirect, in relation to Prizes shall be borne by the respective Prize-winners. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which a Prize-winner is unable to claim his Prize from STAR. After dispatch of a Prize to a Prize-winner, in case any loss/damage etc. is caused to or incurred by the Prize(s) during transit or otherwise, STAR will not be liable for any such loss/damage etc. Further, STAR and/or any of its group companies shall not be held liable for any failure and/or any other defect in or damage to the Prize, if any, whether caused during transit or otherwise.

6. It is clarified that the meet and greet event with STAR’s commentators/experts for the Mega Winners of the Contest, as per paragraph 5 above, shall be organized at STAR’s sole discretion and is contingent on a number of factors such as future matches/ fixtures to be broadcasted on STAR’s regional channels and availability of STAR’s commentators/experts.

7. STAR reserves the right to forfeit a Prize in the event STAR has a reason to believe that any information provided by any of the Prize-winners is wrong, fraudulent or any misrepresentation is made by any of the Prize-winners. STAR shall have the right to declare any of the other Participant(s) as the Prize-winners of the Contest, at its discretion and transfer the Prize(s) to such other Participants. All Prizes are provided on an as-is where-is basis without assurances or warranties of any kind. Neither STAR nor its group companies nor their employees provide any assurances or guarantees regarding the Prizes, including quality, merchantability or fitness for purpose. The Prize-winners agree not to hold STAR and/or its group companies and/or their respective employees responsible for any delay in receiving Prizes. 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