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

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

Me Honaar Superstar

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. In the event you are a Nominator (defined below), you represent and warrant that you have obtained consent of the Participant prior to nominating his/her name for the Program, in accordance with the Terms and Conditions below. If you are a Nominator, these Terms and Conditions shall apply to you mutatis mutandis.

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 “Me Honaar Superstar” (“Program”) and shall be binding on each Participant (defined below), residing and a citizen of the territory of India, (hereinafter referred to as “Territory”) who voluntarily desire to participate in the Auditions hosted by Star India Private Limited (“STAR/Company”) on “pravah.startv.com”, (“Website”/ “Platform”)for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and/or any other channel as deemed fit by STAR (hereinafter collectively referred to as “Channel”).

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/#sss7f ” .By proceeding further, You are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable to You and You are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s). 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 under or pursuant to the Auditions and in relation to your Participation in the same. The 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 as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If You do not agree to be bound by or cannot comply with any of the Terms and Conditions, please do not continue. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein to unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

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

“Digital Auditions Period” shall mean the period commencing from 15 th November, 2019 and concluding on 31st December, 2019 (both dates inclusive) for participation in the Digital Auditions.

“On Ground Audition(s)” means different levels comprising of Level 2 and Level 3 of the selection process of the Auditions as detailed hereunder, to be conducted inter alia at the Audition Center(s) during the On-ground Auditions Period, which the Participant(s) is required to qualify to participate in the Program.

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

“On-Ground Audition Period” in respect of auditions at Level 2 and Level 3 shall mean the period 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.

“Audition Centre/s” shall mean (i) any tentative locations in Maharashtra, India in the cities of Mumbai, Kolhapur, Aurangabad and Nagpur where the inter alia Participant(s) whose Video(s) (defined below) are shortlisted at Level 1 will be required to make themselves available for the Level 2 of the Auditions and (ii) any tentative locations in the city of Mumbai, where at the discretion of the Company, the Contestants shortlisted at Level 2 need to make themselves available for Level 3 of the Auditions, as per the selection mechanism. The details of the exact locations shall be finalized by the Company at its discretion and communicated to the Participant from time to time during the Audition Period .

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

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

“Contestant(s)/Participant(s)": Means any natural person(s) who is (i) between the age of twenty one (21) years and sixty (60) years, i.e. twenty one (21) years or above and sixty (60) years or below as of November 1, 2019 being a citizen and resident of India and enters the Auditions /Program individually.

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

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant 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 or such increased or decreased number of levels as determined by the Company at its sole discretion. The term “Level” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number.

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

“Nominator(s)” shall mean and include any friend and/or family member of the Contestant who wishes to nominate the Contestant to take part in the Audition process after obtaining prior consent of such Contestant.

“Program” means the televised singing talent reality Show (defined below) which is tentatively titled “Me Honaar Superstar”.

“Production House” means Endemol India Private Limited

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

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

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

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

PRINCIPAL RULES

1. The Digital Auditions are an integral part of the Program. The Digital Auditions will be conducted in the Digital Auditions Period on “WebsitePlatform, which may be accessed by the interested Contestant(s) or Nominator(s) (if applicable) through any device including but not limited to limited to laptops, desktops, mobile phones, handheld devices, communication devices and tablets.

2. Procedure to Register:

i. Sharing Personal Information

a. To register and to participate in the Digital Auditions, the interested Participant (s) or Nominator(s) (if applicable) shall log on to the Website/Platform and enter his/her mobile number and click on ‘get OTP’. The Participant or the Nominator (as applicable) will then receive a One Time Password (“OTP”) on the mobile number provided by the Participant or Nominator. Participant or the Nominator (as applicable) will input the OTP on the Website/Platform in order to begin the registration process. Once the mobile number is registered and an OPT is created for the same , then no further entry from the same number will be accepted. Thereinafter the Participant or the Nominator (as applicable) will be required to provide the following personal details including but not limited to full name, gender, age, email ID, contact number(s), the name of their country/state/city where they reside, and/or any other information/documentation as sought by the Company, at its discretion during the Audition Period (“Personal Information”) in a manner and form, as requested and /or prescribed on the Website/Platform. For avoidance of doubt, the Nominator (A) shall also be required to upload their own details on the Website/Platform in the form and manner required by the Star, as a nominator along with that of the Participant; and (B) the Nominator will cause the Participant to agree to and accept these Terms and Conditions; failing which such Participant shall be disqualified and shall not be allowed to participate in the Auditions. Star further reserves the right to call upon the Nominator to procure prior written consent from the Participant, in the manner and form approved by Star; failing which such Participant shall be disqualified and shall not be allowed to participate in the Auditions.

b. Once the interested Participant has completed filing details of his Personal Information, he/she may click on “Submit”.

c. Once submission is completed, the interested Participant may upload his/her Video(s) on the Website/Platform, in the manner prescribed below.

ii. Video Upload Functionality

a. Once the Participant(s) or the Nominator(s) (as applicable) has shared the Personal Information (as required above), he/she shall be required to upload the Videos of the Participant(s).

b. For the said purpose the interested Participant(s) shall be required to record minimum 1 (one) video and maximum 3 (three) videos of him/her singing comprising of a minimum duration of 60 (sixty) seconds and maximum duration of 90 (ninety) seconds [hereinafter referred to as “Video(s)”].

c. Each Video should be audible, having a good audio/sound as also video quality.

d. Once the recording of the Video(s) is completed, the Participant or the Nominator (with the prior consent of the Participant) may upload the Video(s) on the Website/Platform by following the instructions and as per the terms specified on such Website/Platform.

e. All Video(s) shall be uploaded in the format and manner including but not limited to MOV, MPEG4, AVI, WMV, MPEGPS, FLV, 3GPP, WebM or any other format as prescribed from time to time during the Audition Period.

f. The Participant or the Nominator (as applicable) shall be required to fill out the common questionnaire and upload the Video(s). Following which the Participant or the Nominator (as applicable) will be required to agree to the terms and conditions as set out herein before submitting the application.

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

iv. For the purposes of Digital Auditions, by uploading and/or submitting his/her Videos on the Website including through the Nominator, , the Participant agrees and undertakes to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of the Website, as the case may be. It is further clarified that the Website 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 from time to time without any recourse to the Company. Any Video(s) uploaded on the Website in any other format other than that prescribed by the Website or Video(s) having an unclear audio or video quality will be deemed invalid and will be disqualified from qualification in the Digital Auditions without any prior intimation by the Company. Such decision of the Company shall be final and binding on the Participant(s)..

v. The Participant will be solely responsible for complying with the terms stipulated by the Website, as the case may be and shall not at any time hold the Company responsible for any inability on the part of the Participant/Nominator to submit/ upload the Video(s) on account of any restrictive terms imposed by the Website and/or on account of the Nominator’s/Participant’s failure to comply with the terms imposed by the Website.

vi. The Participant(s) or the Nominator (if applicable) agrees and undertakes that all Personal Information, provided by them at the time of registration is true, correct, and accurate.

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

viii. The Participant agrees and undertakes that the Entry/Video(s) submitted by him /her and/or the Nominator are in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.

ix. The Participant(s) or the Nominator (if applicable) further agree and undertake that he /she shall not host, display, upload, modify, publish, transmit, update or share any information and /or upload or submit Video(s) that —

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

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

c. harm minors in any way;

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

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

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

g. impersonates another person;

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

i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, Participant agrees that STAR has the right to remove any such Material/Entry/ Video(s) for any reasons whatsoever, including for breach or alleged breach any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.

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

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

3. Notwithstanding anything to the contrary, Star reserves the right to cancel/abandon the Digital Auditions at Star’s sole discretion and modify/suspend and/or cancel any of the levels below or any element/round/part thereof. Further, Star may at its sole discretion, proceed directly with Level 2 auditions as set out below.

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

A. LEVEL 1

i. Subject to the Participant(s)/Nominator(s) having made a valid Entry, all the Video(s) fulfilling the criteria set out herein shall be viewed and evaluated by the Company or its representatives/nominees which may include musicians/performers 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). The the Participant(s) shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.

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

iii. The Panel shall have the sole authority to judge and rate the Videos and performance of all the Participants and their decision shall be final and binding on all Participants. Based on the evaluations of the Videos 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.

iv. All Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection and/or Company may intimate the 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 shall be solely responsible for checking the email/calls received from the Company. Such communication by the Company shall also give brief details of the next level of audition – LEVEL 2, address of the respective Audition Centre, date and time of the Auditions, etc. The Contestants(s) shall be required to give a confirmation of their presence at the Audition Centre(s) for Level 2 Auditions upon receiving an email or tele-call, as the case may be. The Company shall not be responsible in any manner, in the event the Participant is unable to receive any such communication regarding the Participant’s selection for any reason whatsoever including due to breakdown of machinery, network failure etc.

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

B. LEVEL 2

i. Participant(s) shortlisted at Level 1 shall be required to 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.

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

iii. 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. 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 Participant at its own discretion. Company shall not be liable for Participant’s failure/inability to appear on such time and date indicated by the Company, for any reasons whatsoever.

iv. The Participant(s) will be required to execute any and all deeds and 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, including 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.

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

vi. 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; Level 3. The Contestants shall be informed about their selection for the next round, i.e. which shall be tentatively held in the city of Mumbai or such other city as may be decided/ communicated by the Company at its sole discretion.

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

C. LEVEL 3 (TELEVISED AUDITIONS)

i. Participant(s) shortlisted at Level 2 shall be required to be present in the Audition Centre in Mumbai to participate and perform in Level 3 Auditions located in Mumbai, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outsides 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. Such Contestant(s) shall be asked to perform a song of their choice to showcase their talent (“Act”) and may be further interviewed by the Company and/ or Panel regarding his/her background, family history, singing experience, etc. Company shall not be liable for Participant’s failure/inability to appear on such time and date indicated by the Company, for any reasons whatsoever.

iii. 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 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 Participant at its own discretion.

iv. 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 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) 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.

v. Level 3 will be held in Mumbai. 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

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

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

viii. The Company shall select Show Player(s) from amongst the Contestant(s) selected for the Level 3. 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.

ix. 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.

x. 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.

i. 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.

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

6. 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).

7. It is clarified that the Contestant(s) shall carry their own 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.

8. For the avoidance of doubt, if a Contestant gets disqualified in the first level, then he/she can not travel to any other Audition Centre(s) and Audition on the specified date save and except, if specifically called upon by the Company and/or the Production house, at their sole discretion.

9. 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.

10. 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) of the age limits specified above [see definitions of “Contestant(s)/Participant(s)"] as of November 1, 2019 being a citizen of and residing in the Territory of India, during the Audition Period, as per the 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 Marathi ,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) for any reason whatsoever, including in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).

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

4. 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 or the Nominator; 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 the 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) 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/ Digital 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 acknowledges 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 embarrassing and/or defamatory. Participant fully understands 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 Levels, format of the Auditions, 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 from time to time. STAR also reserves the right to cancel and/or postpone the Auditions/Program, or any part thereof, without any prior intimation to the Participant.

10. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Auditions. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Auditions /Program. The Participant 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) 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) 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. The Company also reserves the right to change the selection process of the Auditions(s)/Levels and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and/or the public. The Company further reserves the right to, at its discretion any time during the telecast of the Program re-introduce the Digital Auditions for the purpose of introducing new Participants for participating /competing in the Program.

12. Participant must enter the Auditions voluntarily on their own behalf and Entry(ies) by proxy will not be accepted unless as specifically stated herein and subject to the terms of this Terms and Conditions.

13. 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 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.

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

15. 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.

16. 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 a statement/action/endorsement/advertisement that may expose the Company and/or the Production House and/or the Channel to civil and/or criminal proceedings.

17. The Participant(s) and /or Nominators on behalf of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the 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.

18. 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.

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

20. 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.

21. 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.

22. Participant(s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video), the participation process/performance at every level of the Audition, including any interaction of the Participant with the Company or fellow Participant or any representative of the Company, if any, of the Participant(s) rendered during the Auditions/Show or the Program or any related series of sound recordings and video recordings which have been shot 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.

23. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agree that the Participant(s) shall not 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 agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

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

25. 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 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).

26. 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.

27. 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 and in connection with the Program (including promotions of the Program) in 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 without any further compensation to the Participant

28. The Participant agree that in consideration of being given opportunity to participate in the Auditions, they shall hold harmless the main sponsor (if any), Channel, 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.

29. The Participant 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.

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

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

32. 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.

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

34. Participant 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.

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

36. 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 who has raised the dispute.

37. 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.

‘WineOClock’ Contest

Terms and Conditions

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

These terms and conditions (“Terms and Conditions”/ “T&Cs”) govern Your participation in this Contest to be held on Star World Twitter handle at https://twitter.com/StarWorldIndia (“Official Twitter Handle”), Star World Instagram handle at https://www.instagram.com/starworldindia/?hl=en (“Official Instagram Handle”) at 11 AM on November 20, 2019 to 11:59 PM on November 30, 2019 (“Contest Period/Period”), organized and conducted by Star India. The Official Twitter Handle and the Official Instagram Handle are collectively referred to as “Handle(s)”. You (‘Participant(s)’/‘You’/‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and shall 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 and 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. Your failure to accept or comply with the provisions of these Terms and Conditions and the Privacy Policy will disqualify You from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

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

1. Principal Rules for Participation:

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

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

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

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

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

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

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

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

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the tweet/posts shared by Star India on the Handle(s) and respond to the Contest Question(s) (defined below) asked by submitting their answers/tweets/comments in English language (“Answer”) during the respective Answer Period(s) (defined below) and using the Hashtag (defined below) and Tag (defined below), hereinafter collectively referred to as “Content”.

1.3. Contest Questions

During the Contest Period the following questions (collectively referred as “Contest Questions”) will be posted by Star India on the Handle(s), in the following order and on the following dates:

a. Contest Question 1 – “Share your best wine-based recipes” will be posted during the period commencing from 20th November, 2019 and ending on 24th November, 2019; and

b. Contest Question 2 – “Tell us your best food pairings with wine and why?” will be posted during the period commencing from 25th November, 2019 and ending on 30th November, 2019.

1.4. Answer Period

The Participant shall be required to submit their Answer(s) to the Contest Question(s) during the respective Answer Period(s) in the manner specified below:

a. Answer to Contest Question 1 shall be submitted within the time commencing from 11 AM on 20th November, 2019 and ending at 11.59 PM on 24th November, 2019 (“Answer Period 1”);

b. Answer to Contest Question 2 shall be submitted within the time commencing from 11 AM on 25th November, 2019 and ending at 11.59 PM on 30th November, 2019 (“Answer Period 2”).

For avoidance of doubt, it is clarified that any Answer(s) to any particular Contest Question(s) which is not submitted during the corresponding Answer Period(s) shall not be considered for the purpose of this Contest.

1.5. 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 #WineOClock #BringYourAustralian (“Hashtag”) and tagging @StarWorldIndia (“Tag”).

iii. be original, creative and authored/owned by the Participant(s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third 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 6.8 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 requirements.

2. Contest Mechanism

2.1 Submission of Content: 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(s). The 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 and/or Instagram, Star India reserves the right to disqualify such Participant(s) from the Contest.

2.2 Internal Review: After receiving Your submission of the Content, Star India will internally review the Content on the following grounds:

i. Answer(s) received during Answer Period 1 in relation to Contest Question 1 shall be reviewed on the grounds of (i) the best descriptive recipe (ii) the most innovative way of cooking (unexpected ways of using wine in cooking) (iii) correct usage of English language and (iv) correct usage of Hashtags and Tags;

ii. Answers received during Answer Period 2 in relation to Contest Question 2 shall be reviewed on the grounds of (i) the most creative food pairings (ii) the most innovative answers (iii) correct usage of English language and (iv) correct usage of Hashtags and Tags.

2.3 Result:

i. Within 10 (ten) days from the end of the Contest Period, out of all entry/ies received on the Handle(s) within the Contest Period, Star India shall shortlist minimum 5 (five) entries from Answers received in relation to each Contest Question, basis the entries which are most compliant with the parameters specified in 2.2 above and declare such entries as winners for the purpose of this Contest (“Winners”)

ii. The Winners who fulfill all the requirements set out in these Terms and Conditions including submitting of valid Documents (defined below) to the satisfaction of Star India shall be entitled to win the Prize (defined below).

iii. 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 (twenty-four) hours of such Private Message. In the event any Winner(s) fails to submit their details, their entry shall be invalidated. Subsequently, Star India shall be free to select any other Participant(s) as the Winners of the Contest, who has/have 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.

iv. 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 be free to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

v. Star India shall make only one (1) attempt to reach the Winners after the Contest Period. In the event such Winner(s), fail to respond within the time period specified in sub-clauses (ii) and (iii) above, his/her selection as a Winner shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winner(s) of the Contest, who has/have 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.

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

2.4 Winners and Prize

i. Upon verification of Documents and confirmation of the Winner(s), the Winner(s) of the Contest shall win the following prize in relation to the Contest (“Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. It is hereby clarified that all expenses in relation to availing the benefit of the Prize below shall be borne entirely by the Winner(s) and Star India shall in no manner be responsible for the same:

a. 5 (five) Winners of Answers to Contest Question 1 shall win 1 (one) event pass each to the on-ground event “MasterChef Experiences” to be conducted in the cities of Hyderabad and Bangalore in India; and

b. 5 (five) Winners of Answers to Contest Question 2 shall win 1 (one) event pass each to the on-ground event “MasterChef Experiences” to be conducted in the cities of Mumbai and Delhi in India.

ii. Upon receiving the confirmation from the Winner(s):

a. of their availability to the respective on-ground event “MasterChef Experiences”, the e-ticket/event pass of such event shall be emailed to the concerned Winner(s) or shall be delivered in such other manner as may be deemed fit by Star India;

b. that he/she shall be unable to be present for the respective event/city due to logistical inconvenience or any other reason, such Winner(s) shall be gratified with a “Decanter” as a Prize, which shall be delivered by courier to the Winner(s) or shall be delivered in such other manner as may be deemed fit by Star India.

iii. Star India shall not be responsible if the delivery of the Prize is not possible due to reasons including but not limited to incorrect email address provided by the Participant, incorrect phone number, 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. 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.

iv. The Winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time. It is clarified that the Prize is non-transferable and may not be exchanged for cash. If the Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms and Conditions, the Prize will be forfeited and awarded to an alternate winner(s) unless otherwise stated, at Star India’s sole discretion. All Prize(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Winners do not accept or agree to the terms 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.

v. 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.

vi. 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.

vii. 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.

3. 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 (and the relevant Answer 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.

4. 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. 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.

5. 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.

6. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

6.1. 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;

6.2. 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;

6.3. 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);

6.4. 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;

6.5. 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;

6.6. 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.

6.7. 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;

6.8. 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.

6.9. 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/or (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 Content 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.

6.10. 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.

7. General Rules

7.1. 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.

7.2. 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.

7.3. 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, origin story as provided by Star India and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

7.4. 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.

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

7.6. 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 and/or Instagram while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

7.7. 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 or Instagram, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.

7.8. 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;

7.9. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing Terms and Conditions or withdraw, change, alter, amend the Mechanism of this Contest detailed in these Terms and Conditions, 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 Terms and Conditions;

7.10. 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;

7.11. 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;

7.12. 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;

7.13. 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;

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

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

7.16. 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;

7.17. 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;

7.18. 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;

7.19. 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;

7.20. 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;

7.21. 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;

7.22. 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;

7.23. 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;

7.24. 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 Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied;

7.25. 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.

7.26. 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 Terms and Conditions by You, Star India shall be entitled to any and all remedies in law and/or equity;

7.27. 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.

7.28. 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.

7.29. 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.

7.30. 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 in any manner whatsoever, in relation to the Contest and/or any matters arising out of the Terms and Conditions.

7.31. 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 Terms and Conditions. Any person claiming that he/she can help You win the Prizes of the Contest for a consideration is defrauding You.

7.32. 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.

7.33. 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 Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein;

7.34. 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.

7.35. 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;

7.36. 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.

7.37. 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.

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

7.39. 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 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.

7.40. Subject to the provision of Paragraph 7.39. 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.

7.41. 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.

7.42. 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.

7.43. 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.

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

7.45. 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.

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

7.47. 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.

7.48. 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.

7.49. 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.

7.50. 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.

7.51. 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.

7.52. 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.

Deadpool

TERMS AND CONDITIONS

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

These terms and conditions (‘Terms and Conditions’/ ‘ T&Cs’) govern Your participation in this Contest to be held on Star Movies Twitter profile at the URL https://twitter.com/starmoviesindia (referred to as “Handle”) from 11 AM to 11.59 PM on November 17, 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 review the image shared by Star India and caption the image in English language and submit/tweet on the Handle responding to the description as provided by Star India. The tweet/post should be must describe 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 #DeadpoolCaptionChallenge (“Hashtag”) and tagging @StarMoviesIndia (“Tag”).

iii. Foriginal 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/Facebook/Instagram, 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, top Participants whose Entries are valid and compliant with the aforesaid parameters which are creative and correct shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer, 10 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 Star Movies 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 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) 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/Facebook/Instagram, as the case maybe, without any recourse to Star India.

4.6. The upload or submission of posts/tweets will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of using Twitter 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.

‘Children’s Day with Star Movies’ Activity

TERMS AND CONDITIONS

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

These terms and conditions (‘Terms and Conditions’/‘T&Cs’) govern Your participation in this Activity to be held on the Star Movies’ Twitter handle at https://twitter.com/StarMoviesIndia (“Official Twitter Handle”) and Star Movies’ Instagram handle at https://instagram.com/starmoviesindia (“Official Instagram Handle”) at 11 AM on November 14, 2019 to 11:59 PM on November 14, 2019 (“Activity Period/Period”), organized and conducted by STAR India. The Official Twitter Handle and Official Instagram Handle are hereinafter referred to as “Handle(s)”. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Activity and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound by 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 personal information and data shared by the Participants (“Personal Information”). 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. 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 to the Activity Question (defined below) asked in the tweet/post i.e. to submit/tweet/comment with (i) their current age and (ii) answer to the question “Which was your favourite movie airing on Star Movies in your childhood?” (“Activity Question”) using the Hashtag (as defined below) and Tag (as defined below) [hereinafter referred to as “Content”]. It is hereby clarified that the Content submitted by the Participant on the Official Twitter Handle shall not exceed 280 (Two Hundred and Eighty) characters.

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

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

ii. upload the Content on social platform (Twitter and/or Instagram) from their own Twitter handle, and/or Instagram, by using the hashtag #ChildrensDayWithStarMovies’ (“Hashtag”) and tagging @StarMoviesIndia (“Tag”) 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.

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:

Stage 1: Submission:

2.1. 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, and/or Instagram handle. The Participant(s) must enter the Activity on his/her own behalf and Content submitted by proxies will not be accepted. 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. In the event of multiple Entries (defined below) received from a Participant(s), only the first Entry received by such Participant (before the close of the Activity Period) shall be considered for the purpose of this Activity.

2.2. The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting their age and the answer to the Activity Question by way of a comment/tweet/post and using the correct Hashtag and 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/Tag, and/or which is not original or which is repetition or if the Participant(s) does not satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the 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.

2.3. The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use, exploit and/or utilize the Content during or after 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 the Content, as it may deem fit at its sole discretion and in any manner whatsoever. In consideration of being given an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) 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 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.

Stage 2: Internal Review and Result:

After receiving Your submission of the Content in relation to the Activity, Star India will internally review the Content received on the Handles and the first 100 (One Hundred) Entries received in relation to the Activity Question will receive a personalised message by Star India, within 2 (two) days from expiry of the Activity Period . For avoidance of doubt, it is hereby clarified that for the purpose of evaluation of Entries in relation to the Activity, the Entries received on the Official Twitter Handle shall be considered distinct and separate from the Entries received on the Official Instagram Handle.

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.

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/or inaccurate (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 Content 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’s 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’s 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.

“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, and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

4.3. 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.

4.4. For the purposes of this Activity, by uploading and/or submitting his/her tweet/post on the Twitter or Instagram platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter 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 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 and/or Instagram shall be resolved directly with the platform without any recourse to Star India.

4.5. 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.

4.6. 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 or Instagram, 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).

4.7. 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;

4.8. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing Terms and Conditions 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 Terms and Conditions;

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

4.10. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the 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;

4.11. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e. release letters, company policies etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to Your participation in this 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;

4.12. 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;

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

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

4.15. 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;

4.16. 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;

4.17. 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;

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

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

4.20. Star India shall 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;

4.21. 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;

4.22. 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 Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied;

4.23. 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’s entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees One Hundred.

4.24. 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;

4.25. 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.

4.26. 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.

4.27. 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.

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

4.29. 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.

4.30. 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.

4.31. 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 Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein;

4.32. You hereby irrevocably agree to and 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.

4.33. 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 publicly; 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;

4.34. 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.

4.35. 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.

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

4.37. 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 the Participant who has raised a dispute.

4.38. Subject to the provision of Paragraph 4.37. above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

4.39. 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.

4.40. 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.

4.41. 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.

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

4.43. 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.

4.44. 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.

4.45. 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.

4.46. 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.

4.47. 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.

4.48. 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.

4.49. 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.

'Live Life Like Yogi' Contest

TERMS AND CONDITIONS

THE TERMS AND CONDITIONS ARE AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 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 (‘Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest titled “Live Life Like Yogi” (‘Contest’) which will be hosted by Asianet Star Communications Pvt. Ltd. (“ASCPL / Company”) on its Facebook page www.facebook.com/starsuvarna (“Platform”) for promoting the television reality show titled “Gaana Bajana Masth Maja Maadona” (“Program”) on Star Suvarna (“Channel”)

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest are required to 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 participation will be deemed as You have read all the Terms & Conditions and agree to comply with them. The decisions of Company for all matters relating to the Contest including the winner selection shall be final and binding in all respects.

ASCPL reserves the right to revise these Terms & Conditions at any time without prior notice to the Participant. The revised Terms & Conditions, if applicable, will be effective immediately upon uploading the same on Website (defined herein), 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 irrevocably agree and acknowledge that lack or absence of knowledge of the revisions made shall not be a defence in any proceeding with regard to the Contest.

To participate in the Contest, the Participant may be required to disclose his/ her personal information to ASCPL or its authorised representative(s) from time to time, such as name, contact number, email ID, residential address, and/or other personal information (“Personal Information”). ASCPL is committed to protecting the privacy and the confidentiality of the Personal Information received by ASCPL in accordance with the Privacy Policy. Such information is dealt with in the manner laid down in the privacy policy of ASCPL (“Privacy Policy”) available at http://www.startv.com/legal-terms-policies/#contest-tandc (‘Website’).

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 terms relating to ‘User Generated Content’ of ASCPL as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). Your failure to agree to the General or Principal Rules (as stated herein below) or the Privacy Policy or Terms of Use or terms relating to ‘User Generated Content’ will lead to disqualification of Your participation in the Contest. If any Participant does not agree to any part of this document, he/ she shall refrain from participating in this Contest

PRINCIPAL RULES

(I) Eligibility:

(a) The Contest is open only to persons who are citizens of India; and, 18 years of age or above (as on 6th November, 2019); and, currently residing in Karnataka. For the avoidance of doubt, the Contest is not open for participation to person(s) residing outside Karnataka. The Participant must have a valid, existing and verifiable email Id throughout the duration of the Contest Periodin order to be eligible to participate in the Contest. If the Participant does not have a valid, existent and verifiable the email id before the disbursement of the Prize/ gratification, then in that case, ASCPL reserves the right to disqualify the Participants’ Entry

(b) Permanent and/or contract employees and directors of Company, its parent, subsidiary and/or affiliated companies, advertising and/or promotion agencies, (collectively “COMPANY Entities”) and each of their immediate family members are not eligible to enter the Contest. It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest, including amendments thereof from time to time. ASCPL reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants; (ii) make amendments to the existing Terms & Conditions and/or Contest Period and/or withdraw, change, alter, amend the Terms & Conditions, without any notification(s) to the Participant; (iii) extend or curtail the Contest Period and /or suspend or abandon the same at any time, without any notification(s) to the Participant, 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, revisions, curtailments, extensions, in the Terms and Conditions, and/or, any abandonment or termination or postponement of the Content, and abide by the same without any recourse to Company, its authorised representatives, and each of their employees, for any reason whatsoever.

(II) Contest Procedure:

(a) The Contest shall start on6th November, 2019 at 16:00 hours (IST) and end on 13th November 2019 at 23:59 hours (IST) (“Contest Period”). During the Contest Period, a short video of Mr. Yogi, who is the Host of the Program,(“Host”) will be posted (“FB Video Post”), on the Platform. The Host will be dancing to the title song of the Program in the video. The Participant/s shall have to record/shoot a video of him/her dancing in the same manner as the Host did in the FB Video Post and send the said dancing video to the email id entries@starsuvarna.tv (“Email Id”)

(b) The Participant/s may submit an Entry from 16:00 hours (IST) of 6th November, 2019 to 23:59 hours (IST) of 13 th November, 2019 (“Valid Entry Time”).

(c) Any Entry submitted by a Participant/s post the expiration of the timeline stated in paragraph II(b) herein, will not be considered to be a ‘valid’ Entry for the purposes of the Contest, and will be deemed to be disqualified.

(d) To participate in the Contest, all persons interested in participating shall send an entry (“Entry”) in the following manner during the Contest Period, subject to such persons meeting the eligibility criteria noted in paragraph I above:

  • Log onto the Platform using his/her Facebook account/credentials on their laptop/desktop or on their smart phone and find the FB Video Post of the Contest which contains the Host dancing to the title song of the Program.
  • The Participant/s shall have to dance in the same manner as the Host did in FB Video Post and record /shoot his/her video(“Dance Video”) and send the Dance Video to the email Id mentioned hereinabove from his /her valid email id. The Dance Video sent by the Participant/s should be in “VLC Player” or “MP 4” formats which should be less than 20 MBPS in size ( “Valid Video Formats”)
  • It is clarified that in order to be a ‘valid’ Entry, the Dance Video of the Participant/s should be in the Valid Video Format and dancing in the same manner as the Host did in the FB Video Post and the decision of the Company in this regard is final and binding on all the Participants.
  • It is further clarified that in order to be a valid Entry, each Entry should be sent within the Valid Entry Time.
  • The Dance Video should be clear and should not be pixelated or distorted. If any Dance Video is found to be pixelated or distorted, the same will be rejected and the Entry will be considered invalid. In such a case, no communication will be sent to the Participant of such rejection.
  • One Participant can send only one Dance Video to the Email. If more than one Dance Video is received on the Email ID, the video which is sent first will be considered for the purpose of Contest.
  • For the avoidance of doubt, in order to qualify as a ‘valid’ Entry, the Entry must possess the following requisites: (i) the Entry must be made by a Participant having a valid email id; (ii) the Entry must be made by the Participant by sending the Dance Video to the Email ID as stated hereinabove; (iii) the Participant must currently be a resident of Karnataka, and aged eighteen (18) years or above as on 6th November,2019; (iv) the Entry must contain a Dance Video in the Valid Video Format, (vi) the Participant must be dancing in the same manner as the Host did in the FB Video Post, (vii) the Dance Video should be clear without any pixilation or distortion and (viii) the Entry should be received by the Company within the Valid Entry Time,

(b) Each Participant represents and warrants that the Entry submitted by such Participant is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, religious sect or section of the society, and/or does not infringe the rights of any third party including rights in any form of intellectual property etc. Without limiting the foregoing, Participants shall not host, display, upload, modify, publish, transmit, update or share any information that —

(i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, 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 whatsoever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights;(v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation. For the avoidance of doubt, the Participant(s) agrees that Company has the right to remove any such material/Entry breaches the provisions of these Terms & Conditions without limiting the Company’s rights and remedies.

(c) The Participant(s) further represents and warrants that the Entry being submitted by him/her shall be original. Particularly, the Participant(s) represents and warrants that he/she has the complete and sole authority and right to submit the Entry.

(d) Participants may submit multiple Entries in the manner set out in these Terms & Conditions, but shall be entitled to Prize /Gratification for only one (1) Entry (provided that such Participant’s Entry is selected for a Prize). The first Entry will be considered for the Contest, in case of multiple Entries submitted by a Participant. Participant(s) agrees and understands that submission of more than one Entry during the Contest Period shall not result in a higher chance for the Participant(s) to win the Prize.

(e) Company shall not be responsible for any Entries submitted but not received by the Company due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or electricity failure and/or file size is above 20MBPS and/or any reason whatsoever.

(f) Participant(s) agree and acknowledge that all systems are prone to failure and hacking attempts. In the event of any data loss, ASCPL shall continue with whatever data is available. ASCPL will not be responsible for any damage resulting from the loss of 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 Participant(s) on account of such loss

(g) Participant represents and warrants that he/she shall comply with any applicable terms and conditions of the Facebook and Email Service Provider while participating in the Contest.

(III) Winner Selection and Gratification:

a. Criteria: The following is the criteria for selection of the Winners of the Contest:

(i) On the basis of the Participant having made a valid Entry in accordance with these Terms & Conditions,

(ii) Participant’s attitude/style, accuracy in imitating the dancing steps of the Host, properties used while dancing, identical dress and video presentation.

(iii) A jury (“Jury”) consisting of the marketing head and digital marketing head of the Channel will be constituted to select the Winners

Based on the Criteria mentioned in (i) and (ii) above, the Jury in its sole discretion, shall shortlist 3 (three) Participants (“Shortlisted Participants”). Out of the 3 (three) shortlisted Participants, the Jury will finally select one winner (Winner), on the basis of the above Criteria.

b. The Winner shall be entitled to get a chance to spend a day with the Host of the Program, which includes a chance to get a chopper ride with the Host, Lunch/Dinner with the Host and also get an opportunity to witness the Program live on the sets. (“Prize”/ “Gratification”). ASCPL reserves the right to alter or modify such Gratification at any time at its sole discretion. ASCPL shall not be held liable for the same

c. The Winner shall be announced on 15th November, 2019 at 16:00 hours (IST) on the Platform. The Winner will be contacted by the representatives of the Company through the email id from which the Entry is received for furnishing the name, address and contact details for fulfilling the Gratification. If the Winner fails to respond with his /her name, address and contact details within 3 (three) days from the contact date by the representatives of the Company, then the Winner shall not be entitled to claim the Prize/Gratification. In such a case, the Company may at its discretion select next Participant from the Shortlisted Participants who fulfills the above criteria and provide Prize/Gratification to him/her.

d. The Company will not be responsible or liable for failure to provide the Prize /Gratification due to any event beyond the control of the Company including omission or failure of the Winner to furnish the required details, and/or, due to failure of the Winner to respond to the Company’s communication(s) on Email or the Winner providing incorrect or inaccurate details. Notwithstanding anything to the contrary in these Terms & Conditions, Company reserves the right to verify the Winner’s Facebook account, and email id prior to providing the Gratification.

e. A Participant may send or post any number of valid Entries. But, he/she will be entitled to Prize/Gratification for only one time, even if his /her Entries are selected as Winner for multiple times.

f. Except the Prize / Gratification stated above, there is no other gratification to the Winner. Participant(s)/Shortlisted Participants/ Winner agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Winner. For avoidance of doubt, it is clarified that Jury’s / Company’s decision in regard to the selection and declaration of the Winner shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who is declared as Winner based on the criteria mentioned hereinabove, and selected by Jury at its discretion, shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Winner shall not be entitled to any other form of gratification (monetary or otherwise). Post(s)/ Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

g. Company reserves the right to announce the name of the Winner on the Facebook page as mentioned above.

h. To the maximum extent permitted by law, each Participant agrees and acknowledges, that the decision (s) of the Company shall not be subject to any appeal of any nature whatsoever. Participation in the Contest shall be construed to mean that the Participant(s)/Winner has hereby irrevocably and perpetually waived his/her right to dispute any decision(s) made by Company in relation to the Contest and/or Gratification, to the maximum extent permissible under law.

i. The Gratification is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. The Winner agrees and undertakes that no cash equivalent or alternative prize will be given to the Winner(s) and Winner cannot exchange the Gratification for a gift of similar value. Further, the Gratification won is personal to the Winner and the Winner cannot transfer the Gratification to any other person. Participants will not have any right to demand/ comment/ suggest/ challenge on the purity/ quality or sufficiency of the Gratification.

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

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

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

m. Limitations of liability: By entering the contest, each Participant irrevocably and perpetually, acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, and/or any Gratification awarded, and/or these Terms & Conditions, shall be resolved individually, without resort to any form of class action; and/or, (ii) any and all claims, judgments and/or awards shall be limited to actual and verifiable out-of-pocket costs incurred and associated with entering the Contest (if any). Notwithstanding anything to the contrary: (i)under no circumstances will Company and/or any Company Entities be liable for any consequential, indirect, special, punitive, or incidental damages or lost profits, whether in contract, tort (including negligence), law, or otherwise; (ii)in all cases, Company’s entire liability under these Terms an& Conditions shall not exceed the total monetary value of the Gratification awarded by Company as of the date of the claim.

GENERAL RULES

1. The Participant(s) should not have criminal conviction and/or an arrangement or a contract that prevents the Participant (s) from participating in the Contest.

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

3. Company reserves all rights to make amendments to the existing Terms & Conditions and/or withdraw or postpone or curtail or extend the Contest without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms & Conditions of the Contest on the Website or for a notification by the Company on the Website or on the Platform.

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

5. Images / Videos and information submitted by the participants may be used by ASCPL for any purpose, will not be subjected to confidential treatment and may be disclosed by ASCPL without further consent from applicants. The participation in the contest will be construed as a consent to allow Company and Company Entities to use any and/or all information for any other use, and or transfer the same to any third party/agencies to collect, maintain and share the same solely for the purpose of use in connection with the present Contest or any other allied activity.

6. Each Participant(s) consents to the use of the Entry by ASCPL for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use by ASCPL of the Dance Video forming part of the Entry, on the Platform and or any other mode or medium as ASCPL/Company Entities may deem fit for the purpose of promotion of the Contest. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby grants to ASCPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Entry including the Dance Video forming part of it, to utilize the Dance Video in any manner deemed fit by ASCPL through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by ASCPL. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s)/ waives off his “Moral Rights” with respect to the Entry including the Dance Video or any part thereof as required. The Participant agrees and authorizes ASCPL to digitally modify, edit, truncate, the Dance Video submitted by the Participant(s). The Participant agrees that ASCPL shall be entitled to exploit the Dance Video in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Dance Video in any manner deemed fit by ASCPL in its sole discretion. It is agreed that all rights, title, and interest in the Entry along with the Dance Video including rights in any form of intellectual property and rights in any form of exploitation will be owned by ASCPL throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Entry and /or Dance Video by ASCPL or any third party authorized by ASCPL, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

7. The submission of Entry will result in the use and consumption of internet data for which data charges as charged by participant’s internet/ telecom operator may apply. It will be participant’s responsibility to understand and enquire charges as may be applicable with Your telecom operator. In case of consuming data while roaming in different circle/ zone, additional roaming rates may apply. ASCPL shall not be responsible for any such charges incurred by the participant.

8. The Participant(s) will be solely responsible for complying with the terms stipulated by Facebook and Email Service Provider in the territory for operation of the his/her Facebook account and email 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).

9. Participant acknowledge and agree that the Entries submitted by them shall be made available for viewing and reviewing. By providing any personal information to ASCPL, as part of the Entry, to the extent permissible under law, Participants hereby expressly waive their privacy rights and/or any privacy expectations that they may have with respect to the use of their likeness or personal information furnished to ASCPL.

10. ASCPL will not entertain any claims/questions/queries with respect to the authenticity and/or justification for selection of the Winner. ASCPL’s decision on the correctness or incorrectness is final and binding on all the participants.

11. Company reserves the right to disqualify any Participant(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms & Conditions set out herein or as may be revised by Company from time to time. The decision of Company in this regard shall be final and binding upon the Participant(s).

12. ASCPL reserves the right to discontinue dealing with the Entries 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.

13. ASCPL shall not be answerable to any person with regards to any of the winner(s) selection mechanism(s) including but not limited to the allotment of ranks, systems and processes of selection and/or elimination, etc.

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

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

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

17. The Winner(s) agrees that if due to any reason, whatsoever, beyond the control of Company the Gratification and/or anything in connection to the Gratification and/or the enjoyment of the Gratification becomes ineffective or invalid, Company will not be held responsible and/or liable for the same.

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

19. ASCPL shall not be responsible if the Winner is not available at his / her email id or the email is not reachable at the time of the intimation due to any reasons as a result of which, the Winner misses his/her chance to receive the Gratification. In this case, the Participant undertakes to not hold ASCPL responsible for the same.

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

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

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

23. ASCPL reserves the right to modify including but not limited to the format of the Contest, Contest Procedures, Jury, eligibility, winner selection, gratification and any other terms and conditions mentioned herein at its sole discretion. It shall be the responsibility of the Participant(s) and/or the Winner(s) (s) to read the Terms and Conditions from time to time. The decision of the ASCPL shall be final and binding on the Participant(s) and/or the Winner(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law. ASCPL reserves the right to discontinue the Contest at any time due to any circumstances without giving any prior notice to the Participant(s) and/or the Winner(s) and shall not be liable to any of the Participant(s) and/or the Winner(s) whatsoever

24. Without prejudice to the Company’s right to cancel, withdraw, postpone, abandon the Contest or part thereof, the Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Gratification cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 5 days, then Company shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding.

25. Participant(s) hereby agree to not attempt to gain unauthorised access to the user accounts, servers or networks connected to ASCPL 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 ASCPL’s services.

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

27. The Participant(s) and/or the Winner(s) shall not in any circumstances make any claims against any or all Company Entities arising out of or relating to any or 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 due to non-participation in the Contest or any related activity. If the Participant(s) and/or Winner(s) is found to be ineligible, or if he or she has not complied with these Terms & Conditions, the corresponding Entries will be disqualified.

28. ASCPL and/or the Jury shall be entitled to, at its discretion, any time during the Contest, re-introduce eliminated / disqualified participants and/or introduce fresh participants during any stage of the Contest. Participant(s) and/or the Winner(s) also acknowledge and agree that ASCPL and/or the Jury may at their discretion eliminate any Contestant(s) at any time during any stage of the Contest without being liable for any reasons whatsoever

29. The Participant(s) and/or the Winner(s) to the extent permitted under law, hereby irrevocably and perpetually 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. The Participant(s)/ Winner(s) shall hold harmless and indemnify Company, its affiliates, its group companies, and each of their employees, officers, directors and/or any other person connected to the Contest, from and against any suit/litigation/injury/damage/harm/loss suffered by Company in connection with any act of the Participant(s)/ Winner(s) and/or a breach of these Terms & Conditions by the Participant/Winner and/or any third party rights claims with respect to the material submitted by the Participant(s)/Winner(s). ASCPL will not entertain any requests or claims to check/ audit/ challenge the logic of factors relevant for determining the Winner(s.) The Winner(s) announced by ASCPL shall be final and to the extent permissible under the law, Participant(s) and/or the Winner(s) shall not dispute the same

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

32. Each Participant hereby acknowledges and agrees that the relationship between the Participant(s)/Winner(s) and Company and its affiliated companies is not a fiduciary, or any other special relationship.

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

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

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

36. These Terms & Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the Gratification shall be referred to a sole arbitrator appointed by Company and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue and seat of the arbitration shall be Bangalore, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by the party who has raised the dispute.

37. In case of any dispute or other matter arising in reference to the Contest and/or the Gratification and/or these Terms & Conditions, subject to the provisions of Clause 36 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 and the Courts having jurisdiction to adjudicate the same, shall exclusively be the courts Bangalore, India.

'Super Singer' Contest

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 “SUPER SINGER” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing in and is a citizen of India only (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by STAR India /Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by STAR India (hereinafter collectively referred to as “Channel”).

The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at http://www.startv.com/legal-terms-policies/#contest-tandc . By proceeding further You and/or Your natural/legal guardian on Your behalf (in case of minors) are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Auditions. STAR India will have access to and collect information and data shared by the Participant including Participant’s and/or Participants’ natural/legal guardian’s personal information for the purposes of the Auditions and/or Program. By participation in the Auditions, the Participant and/or natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority, i.e. under the age of 18 years of age, hereby consents to the collection, storage, disclosure, processing, transfer, sharing and deletion of the Personal Information (as defined below) by STAR India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating in the Auditions, it is deemed that the Participant and/or natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority i.e. 18 years of age) has read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions and Privacy Policy. The Participant’s act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be the Participant’s and/or the parent’s/ natural/legal guardian’s of the Participant (in case the Participant(s) is below the age of majority i.e. under the age of 18 years) absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”). If the Participant and/or natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of) does not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify the Participant’s participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

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

(i) For level 1 of the Auditions - Venues located in the 13 (thirteen) cities of West Bengal viz Bolpur, Jalpaiguri, Durgapur, Siliguri, Malda, Haldia, Berhampore, Medinipur, Krishnanagar, Chinsurah, Bongaon, Raigani and ______________________________________and/or any other city(ies)/venue(s) in Calcutta , as the Company may determine at its discretion , where the participants shall be required to attend Level 1 of the Auditions;

(ii) Foer Level 2 and Level 3

(iii) All such shortlisted participants of Levels 1 and Level 2 are required to make themselves available at any locations or any audition centres , to be held tentatively at the city of Kolkatta , India as finlaised by Star India at its sole discretion.

“Audition Period” in respect of auditions at Level 1, Level 2, Level 3 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 ( https://www.startv.com/legal-terms-policies/#ctc ) (“Website”) from time to time required to be checked by the Participant(s) from time to time.

“Company/Star India” means STAR India Private Limited.

“Contestant(s)/Participant(s)” Means all person(s) and in the case of participant(s) below 18 years of age, the said participant’s natural/legal guardians; aged between 14 (fourteen) years and 70 (seventy) years as of November 1, 2019, being an Indian citizen and resident of India and who have participated in the Auditions and in the Program, as the case maybe, either individually; or along with a partner or as part of a group in accordance with these Terms and Conditions detailed below.

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

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

“Level(s)” shall mean collectively levels 1, 2 3 of the Auditions. The term “Level(s)” shall be construed accordingly to refer to any one (1) particular level of the Auditions as signified by the corresponding number. It is hereby clarified, that all minor Participants (i.e. under 18 years of age) shall be accompanied only by the natural (parent) / legal guardian at the venues of the Audition Centers and at all Levels of the Auditions, i.e. 1, 2, and 3 and the Program, as the case maybe. The Company and/or the Production House, shall have the sole right to disqualify such un-attended minor participants from further participating in the Auditions and in the Program. All such decision will be final and binding on the minor participant and for any other persons, including the natural parent and legal guardian of the participants under the age of 18 years.

“Program” means the Show(s) which shall be tentatively titled “SUPER SINGER”.

“Production House” means Subhankar Chatterjee Productions.

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

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

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

“Studio" means any venue/ location as deemed fit by the Company for filming of the Program.

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

PRINCIPAL RULES

1. 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. In case of Contestant(s) are below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of then, any 1 (one) natural/legal guardian of such Contestant(s) shall accompany the Contestant(s) for all the levels of the Auditions and shall stay with him/her till his/her elimination and/or completion of the Program (whichever is earlier).

3. The Company shall promote the Auditions through on-air (promos, astons, bugs etc.), print, radio, online, official social media pages/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings 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 and Level 2 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 or any other document(s) at the Audition Centre and duly submit all personal information including but not limited to documentation as required by the Company and/or Production House as may be required to be submitted by them on the registration form (“Personal Information”) in a manner and form, as requested and /or prescribed therein (“Registration Form”);

iii. If selected for Level 2 of the Audition, the Contestant’s shall be required to fill and execute the participation agreements and/or any other document at the Audition Centre(s) e as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein (“Participation Agreement”).

(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 in case the Contestant is a minor, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s) [and in case the Contestant is a minor, signature of his/her parents on the Registration Form duly submitted by the Contestant(s) at the Audition Centre] shall be considered a complete entry (“Entry”).

(d) Contestant(s) undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition  Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in the 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 respective Audition Centre(s) shall be on first come first serve basis between 9.00 am to 2.00 pm and/or or any other time as decided and communicated by the Company at its sole discretion. It is further clarified that the Company reserves the right to close the registration process at any of the Audition Centre(s), in any manner it may deem fit at its sole discretion. The decision of the Company in such situations shall be considered final and binding and the Contestant(s) shall not challenge /dispute such decisions. Any entry made after the Audition Period will not be considered for the Contest and shall be deemed null and void. The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

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) singing act and maximum 4 (four) four acts [“Act(s)”]. This Act shall be evaluated by the Company or its representatives and /or renowned experts/singers/music composers appointed by the Company and/or by the Production House, at their own discretion for each of the Levels of Auditions (“Panel”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s).

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

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 to participate in for Level 2 of the Auditions shall be informed about their selection by the Production House, may intimate the natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of) at the venue of the respective Audition Centre itself. The Production House, shall communicate and announce the names of the shortlisted Participants at a time as decided by them at the venue of the Audition Centre , and it is the sole discretion and responsibility of all such Participants and/or of the natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of) to be present at the time of such announcement and/or communication by the Company and/or the Production House. Such communication by the Production House and/or Company shall also give brief details of the next level of Audition – LEVEL 2 (such as the date and time of the Auditions and other details as maybe required, etc. The Contestants(s) or the natural/legal guardian [in case the Participant(s) is below the age of 18 years] maybe be required to give a confirmation of their participation presence at the Audition Centre(s) for Level 2 Auditions as the case may be .

B. LEVEL 2

i. Participant(s) and natural/legal guardian of the Participant(s) (below the age of 18 years ) 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.

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

iii. The cost of arranging the requisite travel documents (including but not limited to valid passport, requisite visa, if applicable etc.) and the cost of travelling and accommodation and sundry other expenses of such Participant(s) shall be solely borne by Participant and natural/legal guardian of the Participant(s) (below the age of 18 years) If the Participant(s) fails to attend the Audition at the venue of the respective Audition Centre on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company and/or the Production House shall be free to select any other deserving Participant at its own discretion.

iv. The Participant(s) and natural/legal guardian of the Participant(s) (who are below the age of majority) will be solely responsible to bear all costs of travel, accommodation and all other expenses, should such Participants voluntarily wish to participate in any other Audition Centres i.e. in the city of Kolkata during the Audition Period. The Company, Production House, will not be involved in any such requests, logistical or other related issues.

v. The Participant(s) and natural/legal guardian of the Participant(s) (below the age of majority of 18 years) will be required to execute any and all legal documents not limited to Participant Agreements, as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1, 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.

vi. Further, the shortlisted Participant(s) may be required to perform an Act before the Panel as per Panel’s requirements. The performance of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their voice quality, versatility, style, overall performance, song selection, , entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and neither the Participants nor any one on their behalf (including his /her legal guardian) shall have any objection to the same.

vii. 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 i.e. Level 3 of the Auditions, to be held tentatively at the city of Kolkata at a date and time as communicated by the Company though it’s designated third parties. The Contestants shall be informed about their selection for Level 3 of the Audition i.e., the televised auditions, either by the Company and /or its representatives which shall be tentatively held in the city of Kolkata or such other city as may be decided/ communicated by the Company at its sole discretion. Such selected Contestant(s) shall be required to be present in or around the city of Kolkata for the next Level 3 of selection at a day and time as specified by the Company and/or the Production House.

viii. All such Participant(s) selected and shortlisted to participate in Level 3 of the Auditions shall be informed about their selection by an authorised and appointed third parties engaged by the Company and/or the Production House and shall intimate the Participant(s) and the natural/legal guardian of the Participant (in case the Participant(s) is below the age of majority as 18 years) by an email and/or by telephone call or by any other mode of communication, as the Company may deem fit at its sole discretion. Such communication by the Production House and/or Company shall also give brief details of the next level of Audition – LEVEL 3, the date and time of the Auditions and other details as maybe required, etc.

ix. The Participants and the natural/legal guardian [in case the Participant(s) is below the age of 18 years] shall be required to compulsorily provide/ submit a written and/ or verbal confirmation of their participation within a stipulated time period, to proceed to the next Level 3 of the Auditions participate futher in the Program, in the form and manner as decided by the Company. Failure to provide confirmation of the Participant’s attendance for Level 3 within the stipulated time period and in the form and manner as required, shall automatically disqualify the selected Participants and the natural/legal guardian [in case the Participant(s) is below the age of 18 years], such decision being final and binding.

C. LEVEL 3 (TELEVISED AUDITIONS/)

i. Participant(s) and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) shortlisted at Level 2 shall be required to be present in the Audition Centre in Kolkata to participate and perform in Level 3 Auditions located in Kolkata, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective shortlisted Contestant(s) in Level 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.

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

iii. Level 3 will be held in tentatively in the city of Kolkata. The Contestant(s) shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“Judges”) engaged by the Company at its sole discretion. The Judges may listen to the Contestants in chairs facing away from the stage so as to avoid seeing the Contestants. The member of the jury shall evaluate the Contestants on their voice quality, versatility, style, overall personality, stature of their performance, song selection,, entertainment factor, uniqueness, etc., and such other criteria as may be determined by the Company in its sole discretion and shortlist the top Show Players.

iv. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel locations to any place for the shoot of the Program, as may be informed by the Company from time to time.

v. 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.

vi. 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.

vii. 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.

viii. The cost of travel and accommodation of such selected Contestant(s) from Level 2 of the respective Audition Centres shall be borne shall be solely borne by Participant and natural/legal guardian of the Participant(s) in case of Contestants below the age of 18 years), without any recourse to the Company If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.

ix. The Participant(s) and natural/legal guardian of the Participant(s) (below the age of majority as per the applicable laws in the Territory of which the Participant is a citizen and resident of) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1 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) 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.

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

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

7. Participant(s) who have previously participated in singing based reality shows/programs and/or appeared/featured in any television programs (of any genre) or has entered into any contract 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 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.

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

GENERAL RULES

1. The Auditions is strictly open to Participant(s) between the age of 14 (fourteen) years and 70 (seventy) years, i.e. 14 (fourteen) years or above till 70 (seventy) years, as of November 1, 2019 being an Indian citizen of and residing in India during the Audition Period and the Program, as per the respective applicable laws of India.

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

3. In the event the Participant and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) is found to be in violation of any applicable laws at any point of time during the Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions. Further in case of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, it is the onus of the natural guardian /legal guardian to ensure that the participation of such minor Participant is as per the applicable laws of the country of which they are citizens and residents of. In case it is found to be otherwise by the Company then immediately such minor Participant shall be disqualified.

4. Participant and/or the natural/legal guardian of a Participant below the age of majority, i.e. under 18 years of age, as represent to the Company that the Participant is free and competent to enter the Auditions; the sole, absolute, unencumbered legal and beneficial owner of all rights granted to Company respect of the Materials, is not under any disability, restriction or prohibition, whether legal, contractual, physical, mental, medical or otherwise, which might prevent the Participant from performing or observing any of the obligations undertaken or from honouring any of the Terms and Conditions stated herein. It is hereby clarified that all minor Participants (i.e. under 18 years of age in India) shall be accompanied only by the natural parent/ legal guardian at the venues of the Audition Centers and at Levels of the Auditions, i.e. 1 2, and 3. The Company and/or the Production House, shall have the sole right to disqualify such un-attended minor participants from further participating in the Auditions and such decision will be final and binding on the minor participant and for any other person including the natural parent and legal guardian of the participant under the age of 18 years.

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

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

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

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

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

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

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

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

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

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

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

7. 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.

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

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

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

11. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions/ Program. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Program.  The Participant further confirms 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.).

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

13. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) and/or the public.

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

15. The Channel/STAR India reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) and also STAR India/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

16. In case for whatever reason any Participant and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) is not agreeable to travel, stay, etc. entirely at his/her own expense, the Company will regretfully consider the Entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

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

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

19. The Participant(s) and /or legal /natural guardians on behalf of Participants below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the names and identity of the selected Show Players, Judges or the format of the Program or any aspect related to the Program or any information regarding the Company without Company’s prior written consent in each instance. The Participant shall not at any time make or issue any statements on behalf of the Company/ the Production House/ the Channel without the prior written consent of the Company.

20. The Participant(s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) shall not do any act either directly or indirectly which may bring the Company and/or the Program into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s) shall use her/his/its judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Auditions /Program/ Show.

21. Non-conformance by any Participant and/or by the natural/legal guardian of the Participant below the age of majority as per applicable law of the Territory of which the Participant is a citizen and resident of the Terms and Conditions, directions/instructions issued by the Company, Terms of Use, User Generated Content, or Privacy Policy then STAR India will at its sole discretion be entitled to disqualify their Entry on an immediate basis.

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

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

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

25. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the natural/legal guardian of the Participants in case they are minors on behalf of the Participants(s) agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant and /or natural guardian/legal guardian of the Participant(s) on behalf of the Participant(s), on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant and /or natural guardian of the Participant(s) on behalf of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant or the natural guardian on the behalf of minor Participants hereby agree that neither the Participant(s) nor his/ natural guardian shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company. The Participant and /or natural/legal guardian of the Participant(s) on the Participant(s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

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

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

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

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

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

31. The Participant and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) agree to keep STAR India, the Channel, its employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Video(s), by STAR India and /or any of its affiliate companies and/or channels.

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

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

34. Participant(s) and natural/legal guardian on behalf of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

35. All obligations, representations, warranties, grant of rights in relation to a Participant who is below the age of eighteen (18) years as on November 22, 2018 shall be deemed to be provided by the natural/legal guardian of the Participant.

36. The Participant and natural/legal guardian on behalf of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

37. Participant and natural/legal guardian on behalf of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

38. The participation of the Participant the in the Auditions shall mean that the Participant and natural/legal guardian on behalf of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) has jointly and severally read, understood, accepted and agrees to unconditionally abide with all the rules including the general rules of the Auditions, Terms and Conditions, the Privacy Policy, Terms of Use, User Generated Content as provided on the Website.

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

40. Subject to the provision of 39 above, the Courts having exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

Super Singer Season 7 - Grand Finale

Voting Terms & Condiotions

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 Finalists (as defined below) competing in the program titled “Super Singer Season 7 - Grand Finale’’ (“Program ”) which is being aired on “Star Vijay SD & HD” (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, residing in and a citizen of India, and who is of 18 years or above as on 02nd November 2019.

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

These Terms and Conditions shall be irrevocably binding on each Viewer voluntarily participating in the Voting Mechanism. The privacy policy available at www.startv.com (“Privacy Policy”) 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 all Viewers are requested herein to unconditionally accept and agree 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 is requested to 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 (“Policies”) of ASCPL as prescribed from time to time and available at www.startv.com (“Website”).

These Terms and Conditions, contained herein shall subsist until the first telecast of the Program and /or any such extended duration as may be deemed fit by VTPL and hence, till such time these Terms and Conditions shall continue to apply to all Viewers in relation to any participation in the Voting Mechanism.

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 singing show where individuals (“Participants”) participating in the show have been selected to the final competitive round of the program by a panel of judges throughout the duration of the show (“Finalists”). During the duration of the voting period, the Viewers will be asked to cast their vote for the Finalist whom in their judgment should win the Program. The Viewer shall cast multiple votes (subject to maximum votes allowed per voting mechanism as detailed below) for different Finalists.

2. The Voting Mechanism (as detailed in clause 6) will open and end for the period tabulated in Rule 7 below (“Period”) in the Territory as mentioned herein. During the Period, the Viewers in the Territory can vote for their favorite Finalist, as per the Voting Mechanism detailed below. VTPL and/or the Channel shall in its discretion be entitled to close the Voting Mechanism for specified Voting Cycles (defined below) during the Period.

3. The Program will be telecast live on 10th November 2019, on the Channel at 15:30 HRS TO 21:00 HRS or such other dates and timings as amended and updated on the Website by ASCPL from time to time.

4. The votes should be sent only during the timelines, as more particularly mentioned herein. Votes sent after the timelines, shall not be considered and shall be deemed null and void.

5. The Viewers interested in voting can participate in the Google Voting Mechanism (“Voting Mechanism”) and shall be subject to the mechanism’s requirements and rules:

Google search “Super Singer Vote” and cast votes as more fully detailed in Rule. The Viewers will not receive any SMS or email confirmation for the votes cast by them during the period.

6. Google Voting Mechanism

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

6.1. The Viewer must have a valid and subsisting Gmail id for casting his/her vote through this Voting Mechanism.

6.2. The Viewer needs to go to the Google Search Page and type the following keyword- Super Singer Vote”.

6.3. The search results will list the Finalists’ names who are shortlisted for the finale of the show.

6.4. The Viewer has to cast his/her vote against the desired Finalist’s name.

6.5. Only a maximum of 50 votes per Day for each Gmail id, will be allowed through the Viewer’s Gmail account till the end of the Voting Cycle.

6.6. The Viewer will not be charged in the Google Voting Mechanism to cast the vote, however, there will be cost levied to the Viewer, at the applicable rate, by the network provider for using internet connection which should be checked by the Viewer at his/her sole responsibility.

6.7. The names of the finalists are as follows:

S.No

Name of Finalist

1

Murugan

2

Punya

3

Vikram

4

Sam Vishal

5

Gowtham

7. In the Voting Mechanism, the Viewer should cast his/her votes for a particular Finalist, 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). The voting cycle is as detailed below:

START DATE

TIME

END DATE

TIME

Number of votes allowed per ID

02nd November 2019

20.00 hrs

02nd November 2019

23:59 hrs

50

03rd November 2019

00.00 hrs

03rd November 2019

23.59 hrs

50

04th November 2019

00.00 hrs

04th November 2019

23.59 hrs

50

05th November 2019

00.00 hrs

05th November 2019

23.59 hrs

50

06th November 2019

00.00 hrs

06th November 2019

23.59 hrs

50

07th November 2019

00.00 hrs

07th November 2019

23.59 hrs

50

08th November 2019

00.00 hrs

08th November 2019

23.59 hrs

50

09th November 2019

00.00 hrs

09th November 2019

23.59 hrs

50

10th November 2019

00.00 hrs

10th November 2019

10 minutes after last competitive performance

50

8. Votes sent after the Period and/or after the applicable Voting Cycle as tabulated in Rule 7, will not be considered and shall be deemed null and void without requirement of any further intimation by ASCPL. ASCPL/Channel reserves the right to alter the Voting Cycle as and when it desires.

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

10. The Viewer(s) can cast their votes for only those Finalist (s) of the Program.

11. The voting is to enable the Viewers to choose their favorite Participant or to vote for the performance of a particular Finalist that they have liked. 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 this against the Channel, ASCPL and/or the Program.

12. The selection of the winner 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.

13. The Criteria for the determination of the Winner and rest of the places shall be as follows:

· The Finalists shall be given scores by the Judges along with the Public votes in the timelines mentioned in the document herein.

· In order to determine the Average scores, each finalist shall be ranked on basis of the Judges’ scores and Public votes respectively. For instance, Finalist receiving highest number of Public votes shall be ranked 1(one) (being the highest) for Public voting and with the same basis, Finalists shall be ranked on the basis of both Judges’ scores and Public votes respectively.

· The Average scores of Finalists shall be determined by taking simple average of ranks of Public votes and ranks of Judges’ scores for each Finalist arrived by the methodology mentioned above.

· Such Average scores of Finalists shall be ranked in the ascending order and based on it, the Winner and rest of the places shall be decided.

· In case of Ranks being tied for two (2) or more Final Contestant (s) for Judges’ scores, Public votes and/or the average of ranks of Public votes and ranks of Judges’ scores, the decision of ASCPL/Channel comprising of 3 members and/or Jury which comprises of 4 members 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.

General Rules

 

1. The Viewer interested in participating in the Voting, represents and warrants 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 Finalist s 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 shall be the sole responsibility of the Viewers to check the Terms and Conditions on Super Singer Official Facebook page at www.startv.com.

3. ASCPL reserves the right to cancel and/or postpone the Program without assigning any reasons and/or without giving any prior intimation to the Viewers.

4. Viewer(s) agree and acknowledge that there is no prize/gratification in voting for the Finalist as detailed herein.

5. Neither ASCPL nor the Channel shall be responsible in any manner whatsoever for network 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, VTPL 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’s control.

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

7. In case of any network failure, technical problem and/or for any reasons whatsoever, VTPL reserves the right to change the voting system/Voting Mechanism 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.

8. Upon the Viewer’s voting for the favourite Finalist, the user and email id 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 Finalist and send the same to the audit committee as engaged ASCPL/Channel and the final data will be received by ASCPL/the Channel and as per the results shared by the audit committee, the winner shall be declared. The Viewers hereby expressly consent to the sharing of their user and email id(s) as per the Voting Mechanism used by the Viewer, with the audit committee engaged by ASCPL and/or the Channel in its discretion.

9. 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 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, 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 the sponsor and/or the Channel and/or ASCPL, or any of their employees, representatives, any person 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.

10. 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 the Viewer/voter in any manner whatsoever, in connection to the Program and/or any aspect related to Voting Mechanism.

11. ASCPL and/or the Channel reserves the right to disregard the vote(s) in the event VTPL/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).

12. Employees of and/or consultants of and/or persons hired on contract by the Channel, ASCPL and the main sponsors of the Program, if any, and the members of their immediate family are ineligible for voting for the Program through this Voting Mechanism.

13. All decisions made by ASCPL and/or the Channel shall be final and binding on all the Viewers and in no event, shall the Viewer dispute the decision made by ASCPL, Channel and/or its employees/representatives in connection with the Program, the Finalists, the Participants, and/or the Voting Mechanism.

14. The elimination of the Participant(s) and/or the 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 Voting Mechanism, or otherwise.

15. ASCPL will not entertain any requests or claims to check/ audit/ challenge the logic of factors relevant for determining the winners. The Winner(s) announced by ASCPL shall be final and to the extent permissible under the law, Viewer(s) shall not dispute the same

16. 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.

17. In the event of any fault, misunderstanding or dispute concerning any part of the Principal rules and/or the General rules, the decision of the ASCPL shall be final and binding on all Viewer(s) and other persons. ASCPL is empowered to take a decision on any case or instances not covered by the present Terms & Conditions.

18. 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, 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.

19. 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.

20. 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, then ASCPL shall be at liberty upon its sole discretion to terminate the Voting Mechanism forthwith and such decision shall be final and binding.

21. 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.

22. Notwithstanding anything to the contrary, VTPL 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.

23. The Viewer(s) agree that the Viewer shall have no right and to the maximum extent permitted by law hereby expressly 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.

24. 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.

25. 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 agree 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.

26. 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.

'MasterChef Australia' contest

TERMS AND CONDITIONS

The following are the terms and conditions governing the “MasterChef Australia Contest” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for promotion of the program “MasterChef Australia Season 11” (“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from September 16, 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”)

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

The Contest shall commence on November 1, 2019, 10.30 am onwards, and end at 11.59 pm on November 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) Contest Mechanism

i. The Contest invites interested persons to participate by asking one (1) question to the contestant Sandeep Pandit on the posts shared on the Twitter Page by Star India. To qualify, the interested persons are required to provide the interested question, as required by Star India (“Participant(s)”).

ii. Participant(s) are required to respond, in text not exceeding 280 characters, with only one (1) question to Sandeep Pandit, by tweeting it on the official Twitter Page, using the Hashtag “#InsideMasterChefWithSandeep”; and tagging the Twitter Handle, as the case maybe, “@StarWorldIndia” or as displayed on the Twitter Page (“Entry/Entries”).

iii. Entries submitted without the respective and correct Hashtag and tagging the Twitter Handle, as the case maybe, 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, as applicable. 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 creativity. 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, 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 Winner shall under no circumstances exceed fifteen (15).

6. Sandeep Pandit will respond to the questions of the Winners by recording an audio-visual for the same and the Winners shall be tagged with such audio-visual of Sandeep Pandit (“Prize”). In an unlikely event if the Winners announcement is postponed or delayed for any reason whatsoever, then Star India will not be held responsible.

7. The Prize to be awarded to the Winners shall be decided at the sole discretion of Star India. It is clarified that all taxes, if any, in relation to Prize shall be borne solely by Star India.

8. 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.

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

10. 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.

11. 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.

12. 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.

13. 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.

'Superhero Origin' Contest

Terms & Conditions

Please read the following Terms and Conditions very carefully before entering this contest ‘Superhero Origin’ (“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 Instagram handle at https://instagram.com/starmoviesindia (“Official Instagram Handle”) on 12 noon on October 17, 2019 to 11:59 PM on October 18, 2019 (“ Contest Period/Period”), organized and conducted by Star India. The Official Instagram Handle are collectively referred to as “Handle(s)”. You (‘Participant(s)’ / ‘ You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

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

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

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

1. Principal Rules for Participation:

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

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

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

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

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

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

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

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

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the tweet/posts shared by Star India on the Handle(s) and respond by answering to the questions asked in the tweet/posts in relation to the Contest and provide the Participants’ initials, as required by Star India and in English language in text not exceeding 280 characters (for twitter), and to submit/tweet on the Handle using the Hashtag (as defined below) and Tag (as defined below), hereinafter referred to as “Content”.

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 #StarMoviesSuperheroes (“Hashtag”) and tagging @starmoviesindia (“Tag”).

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

iv. 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 requirements.

2. Contest Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content on the Handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted. 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, Facebook and/or Instagram, 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, 30 (thirty) 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. To eligible to become a Shortlisted Participant, the Participant(s) shall respond to all the questions asked in the tweets/posts shared by Star India in relation to the Contest. 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 merchandise and the origin story (“ 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, origin story as provided by Star India and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

‘The Boss Day’ Contest

Terms and Conditions

Please read the following Terms and Conditions very carefully before entering this contest ‘The Boss Day’ (“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’s Instagram handle at https://instagram.com/starworldindia (“Handle”) on 12 noon on October 16, 2019 to 11:59 PM on October 19, 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 post shared by Star India on the Handle(s) and respond by answering to the question asked in the post in relation to the Contest, as required by Star India and in English language in text, and to submit 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 #TheBestBoss (“Hashtag”) and tagging @StarWorldIndia (“Tag”).

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

iv. 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 requirements.

2. Contest Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content on the Handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one account of Instagram, 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. To eligible to become a Shortlisted Participant, the Participant(s) shall respond to all the questions asked in the posts shared by Star India in relation to the Contest. 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 a customised mug. (“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) as they desire but only posts(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 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 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 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 “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 post on the Instagram platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Instagram, as the case may be. It is further clarified that Instagram reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Instagram shall be resolved directly with Instagram as the case maybe, without any recourse to Star India.

4.6. The upload or submission of posts 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 Instagram while roaming in different circle/ zone, additional roaming rates may apply. Star India shall not be responsible for any such charges incurred by the Participant.

4.7. You acknowledge and agree that the posts 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 Instagram, as the case maybe, in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.

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

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

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

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

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

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

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

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

MASTERCHEF INDIA SEASON 6

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 govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “ MASTERCHEF INDIA SEASON 6” (“Program”) and shall be binding on each participant (“Participant”, “Your” and/or “You”) being a citizen and resident of India who voluntarily desire to participate in the Auditions hosted by Star India Private Limited (“STAR/Company”) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and /or its network of channels and/or any other channel as deemed fit by STAR (hereinafter collectively referred to as “Channel”).

These terms and conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Auditions. The participation by the Participant(s) in the Program in the manner as detailed below shall be deemed to be their absolute agreement to the terms and conditions, Terms of Use and Privacy Policy of STAR as prescribed from time to time. 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. The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at http://masterchefindia.in (“WEBSITE”).

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

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 your name, address, mobile phone number and/or any information gathered by STAR under or pursuant to this Auditions and in relation to Your participation in the same. Your act of voluntary participating in the Auditions in the manner as detailed below shall be deemed to be your absolute agreement to the terms and conditions, Terms of Use, 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 Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

 

DEFINITIONS

“Audition(s)” means 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) need to clear for participating in the Program.

“Audition Centre” shall collectively mean the centres/venues located at Kolkata, Delhi and Mumbai or such other location which may be decided by the Company, in its sole discretion of the Company, wherein Auditions for the Program will be conducted.

Audition Period” shall mean such period as determined by the Company and/or the Production House.

"Company" means STAR India Private Limited, the right holder of the Program.

"Participant(s)" means any natural person(s) who is between the following ages: (i) completed the age of eighteen (18) years and (ii) completed the age of seventy-five (75) years as of July 1, 2019; is a citizen and resident of India, as per applicable laws and enters the Auditions /Program 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(s) relating to or in the Footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licences, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

Level(s)” shall mean collectively levels 1, 2, 3 and 4 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.

Personal Information” shall mean the personal information of the Participant(s) as detailed in the Privacy Policy and shall include sensitive personal data or information.

Program” means the Show(s) which shall be tentatively titled “MASTERCHEF INDIA SEASON 6”.

Production House” shall mean Endemol India Private Limited, the producer of the Program engaged by the Company for organizing the Auditions and producing the Program in the manner as decided by the Company at its sole discretion.

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

Show Player(s)” means the selected Participant(s), shortlisted at Level 4 who are selected through the process of the Audition to participate in the Program.

Special Show(s)” means any episode/s of the Show recorded with Participant(s) who belong to a category other than that specified hereunder, which may include celebrities or special children, 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 Auditions.

“Studio" means any location deemed fit by the Company for filming of the Program.

“Materials” shall mean an include Footage (defined below) and footage of Promotional Material including any form of artistic works, works of authorship, 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 Program/Show or the Auditions.

Works” shall mean and include Footage, 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 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 India 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.

 

2. The Company shall promote the registration through on-air (promos, astons, bugs etc.), radio, online and any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Program.

3. Procedure to register

 

(a) To register and to participate in Level 1 of the Auditions, the interested Participants(s) shall be present at the Audition Centre on the dates as intimated to them in the mode and manner as set out in clause 2 hereinabove and shall through themselves 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 in a manner and form, as requested and /or prescribed therein, (“ Registration Form”). Participant(s) shall have a unique registration code assigned to him/her at the Audition Centre (“ Registration Number”).

(b) Participants 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, age, residence, citizenship and execute a registration form in a form and substance as may be requested or provided therein, at the Audition Centre.

(c) Participant(s) are required to submit all documentation as intimated to him/her in advance through the Website or otherwise. In case the said Participant(s) are unable to furnish the original document(s) or to verify the eligibility details and also submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified by the Company. For the purposes of this Audition, Registration Number, duly filled and signed Registration Form and self-attested copy of the required documentation submitted by the Participants at the Audition Centre shall be considered a complete entry (“Entry”). s

(d) Participant represent and undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre is true, correct, accurate and original. Any incomplete Entry 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 Participant(s) for availing any additional information and/or to verify any details as provided in relation to Auditions and/or the Entry and the Participant(s) shall unconditionally facilitate the same.

4. All Entries at the Auditions at the respective Audition Centre(s) shall be on first come first serve basis between 8:00 am to 4:00 pm or at any other time as decided by the Company at its sole discretion (“ Period”). It is further clarified that the Company reserves the right to close the registration process at any of the Audition Centre, 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 Participant(s) shall not either through himself or any person on his behalf challenge /dispute such decisions to the extent permitted by law. Any Entry made after the Period will not be considered for the Auditions and shall be deemed null and void and such decision shall be final and binding upon the Participant(s). The Company shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

5. Dish(es) prepared by Participants during all Levels shall be evaluated by the Company and/or its representatives and agencies and/or any food/culinary expert/ judges appointed by the Company/ Production House, at their own discretion for each of the Level of Auditions (“ Panel”)

6. Participants specifically agree and acknowledge that any disputes or claims shall be resolved individually and the participants agree to not file by resort to any form of class action and or through any family member and or through any third party applications, criminal and/or civil proceedings in any courts or forums against the Channel and/or Producer and/or their directors, employees, affiliates or subsidiaries to claim any damages.

7. It is further clarified that the decision of the Company with regard to the composition of the Panel shall be final and binding on the Participant(s). Neither the Participant nor any person on their behalf shall be entitled to dispute and/or challenge the composition of the Panel at any time.

 

8. The Panel shall have the sole authority to judge the performance of all the Participants at each Level of the Auditions and shall be under no obligation to taste the food prepared by the Participants, if the Panel, in its sole discretion is of the view that such food is not edible, or any other reason as deemed fit by the Panel and the Program, and their decision shall be final and binding on all Participants(s). No Participant(s) shall dispute any decisions made by the Panel in connection to the selection procedure.

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

A. LEVEL 1 (NON-TELEVISED)

 

The Level 1 Auditions shall be conducted in two stages, Part A (“ Level 1A”) and Part B (“Level 1B”), as detailed below.

 

(1) The Participant(s) will be asked to bring a pre-cooked dish (an edible item, which is either vegetarian and /or non-vegetarian) prepared by him/her. For the purposes of the Auditions, it is further clarified that such dish shall be required to be prepared and brought by the Participant as part of the Auditions and it shall be prepared and cooked by him /her alone without any help and/or influence of any other person.

(2) This pre-cooked dish prepared by the Participant(s) will be evaluated by the Panel. It is further clarified that, the pre-cooked dish prepared by the Participant shall be judged for originality, flavour and presentation, general culinary/food knowledge, knowledge on cooking technique, culinary skill or any other criteria (“Parameters”) as set out by the Panel and/or the Company and/or the Production House at its sole discretion.

(3) Level 1A: Based on the evaluations by the Panel, the Participants whose dishes have been rated the lowest and/or any other criteria as deemed fit to not shortlist the Participant(s), shall not be selected for participation in Level 2 (“ Not-Shortlisted Participants”), Such Not-Shortlisted Participants shall be intimated about their elimination on the same day and date, in person or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant shall be solely responsible for being available at the Audition Centre and checking for communication received from the Company and/or the Production House. It is clarified that Participants other than Not-Shortlisted Participants (“ Other Participants”) who have registered for Level 1 shall not be deemed to have shortlisted for Level 2, unless they receive a communication in accordance with (A) (4) below.

(4) Level 1B: Participants who have not been eliminated in this Level 1A, shall be subjected to a further evaluation by the Panel, based on the Parameters. Participants may be further interviewed by the Company and/ or Panel regarding his/her background, family history, culinary experience, knowledge of cooking, food, cuisine etc. Basis the evaluation on the Parameters, the Panel shall select and shortlist the top-rated Participants to participate in Level 2 (who may be some but not all of the Other Participants) (“Shortlisted Participants”). Such Shortlisted Participants shall be intimated about their selection on the same day and date as the Level 1 Auditions by any mode of communication, as the Company may deem fit at its sole discretion, and 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, address of the respective Audition Centre(s) in India, date and time of the Auditions, etc. The Shortlisted Participant shall be required to give a confirmation of their presence at the Audition Centre(s) for Level 2 Auditions upon receiving the relevant communication from the Company and/or the Production House. No Participant shall be deemed to have been shortlisted for Level 2 Auditions till such time they have received the communication mentioned in this Paragraph (4). The Shortlisted Participants shall be eligible for Level 2 of Auditions.

B. LEVEL 2 (NON-TELEVISED)

(1) Shortlisted Participants, shall be required to be present for Level 2 of the Auditions at the Audition Centre on specific dates and venues as decided by the Company at its discretion. Level 2 may be conducted over 1 (one) or more than 1 (one) days, and the Participants shall be required to be present on any of such days, as may be decided by the Company and/or the Production House, in their discretion.

(2) The Shortlisted 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. 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.

(3) As a part of Level 2, the Participants shall be segregated into such number of teams as the Company and/or the Production House and/or the Panel may decide (“Group(s)”) based on a randomized draw. It is clarified that the randomized draw is only for the purpose of segregation of Participants into Groups and no Participants shall be eliminated during such draw. The decision of the Production House and the Company regarding the placement of each Participant in a particular Group shall be final and binding and the Participants shall not challenge /dispute such decisions.

(4) Each Participant will be required to cook a dish or perform such other culinary task as may be decided by the Panel and/or the Production House and/or the Company, for evaluation by the Panel based on the Parameters. The top-rated Participants and/or Participants selected by any criteria from each Group will be selected by the Panel based on the Parameters, for participation in Level 3.

(5) Such shortlisted Participants shall be intimated about their selection vide an email and/or telephone or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant 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 3, address of the respective Audition Centre(s) in India, date and time of the Auditions, etc. The Participant shall be required to give a confirmation of their presence at the Audition Centre(s) for Level 3 Auditions upon receiving an email or phone call. No Participant shall be deemed to have been shortlisted for Level 3 Auditions till such time they have received the communication mentioned in this Paragraph (5).

C. LEVEL 3 (NON-TELEVISED)

(1) Participants who have been shortlisted for Level 3 shall be required to be present in or around Mumbai for Level 3 of the Auditions on the days and time and at the place as specified by the Company. Level 3 may be conducted over 1 (one) or more than 1 (one) days, and the Participants shall be required to be present on any of such days, as may be decided by the Company and/or the Production House, in their discretion.

(2) As a part of Level 3, the Participants shall be segregated into Groups based on a randomized draw. It is clarified that the randomized draw is only for the purpose of segregation of Participants into Groups and no Participants shall be eliminated during such draw. The decision of the Production House and the Company regarding the placement of each Participant in a particular Group shall be final and binding and the Participants shall not challenge /dispute such decisions.

(3) Each Participant will be required to cook a dish or perform such other culinary task as may be decided by the Panel and/or the Production House and/or the Company, for evaluation by the Panel based on the Parameters. The top-rated Participants from each Group will be selected by the Panel based on the Parameters, for participation in Level 4.

(4) Participants who have been selected for Level 4, shall be intimated about their selection, in person or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant shall be solely responsible for being available at the Audition Centre and checking for communication received from the Company and/or the Production House. The Participant shall be required to give a confirmation of their presence at the Audition Centre(s) for Level 3 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).

D. LEVEL 4 (TELEVISED AUDITIONS)

(1) Participants who have been shortlisted for Level 4 shall be required to be present in or around Mumbai for Level 4 of the Auditions on the days and time and at the place as specified by the Company. Level 4 may be conducted over more than 3 (three) days (or such other number of days, as may be decided by the Company and its sole discretion), and the Participants shall be required to be present on any of such days for participation in Level 4.

(2) The Participants, will be required to re-register themselves by executing and/or producing 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 Participants in previous Audition Levels. Each of the selected Participants shall be required to furnish the necessary documentation (as required by the Company and/or the Production House) in original to confirm the eligibility details, personal identification, etc. provided by the said Participants. In case the said Participants are unable to furnish the original document(s) to verify the eligibility details and/or are also unable to submit self-affirmed photocopy of the same, the said Participant shall be disqualified by the Company at its sole discretion.

(3) As a part of Level 4, the Participants shall be segregated into Groups based on a randomized draw. It is clarified that the randomized draw is only for the purpose of segregation of Participants into Groups and no Participants shall be eliminated during such draw. The decision of the Production House and the Company regarding the placement of each Participant in a particular Group shall be final and binding and the Participants shall not challenge /dispute such decisions.

(4) Each Participant will be required to cook a dish or perform such other culinary task as may be decided by the Panel and/or the Production House and/or the Company, for evaluation by the Panel based on the Parameters. Participants will be evaluated against other Participants in their Group and shortlisted as follows:

a. The Panel will select the top-rated Participants and/or Participants selected by any criteria (the number of such top-rated Participants shall be in the discretion of the Panel, the Company and the Production House) from all Participants who participated in Level 4, as Show Players, based on the Parameters, for participation in the Program. These Participants will be informed of their selection by the Panel, during the televised Level 4 Auditions.

b. The Panel will also select a certain number of Participants (the number shall be in the discretion of the Panel, the Company and the Production House) whose scores rank immediately after the Show Players selected at 4 (a) above, to compete against each other for a chance to be selected as Show Players for participation in the Program (“ Qualifying Participants”). None of the Qualifying Participants shall be deemed to have been selected as Show Players, till such time they have received the communication mentioned in Paragraph (5) below.

(5) The Qualifying Participants will be required to cook a dish or perform such other culinary task as may be decided by the Panel and/or the Production House and/or the Company, for evaluation by the Panel based on the Parameters. The top-rated Qualifying Participants (the number of such top-rated Qualifying Participants shall be in the discretion of the Panel, the Company and the Production House) will be selected by the Panel based on the Parameters, as Show Players for participation in the Program. These Participants who have been selected for participation in the Program will be informed of their selection by the Panel, during the televised Level 4 Auditions.

(6) 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.

(7) 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.

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

(9) 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 and disqualify such Show Player(s) from the Program.

(10) The Show Players will be required to register by executing the necessary documents and also by furnishing the documents as required to verify the personal details provided by the Show Players in Level 1, 2 and 4. Each of the Show Players shall be required to furnish the necessary documentation (as stated in the General Rules below) in original to confirm the eligibility details, etc. provided by the said Show Player.

(11) In case the said Show Player is unable to furnish the original document(s) to verify the eligibility details and also submit self-affirmed photocopy of the same, the said Show Player shall be disqualified by the Company.

(12) The Company shall make arrangements, for the travel of the outstation Show Players and accommodation and meals (three meals in a day) of the Show Players during the period of the shooting of the Program. The Company shall make the arrangements mentioned above as deemed fit by the Company.

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

GENERAL RULES

1. The Auditions are strictly open to Participant(s) between the age of 18 (eighteen) years and 75 (seventy-five) years as of July 1, 2019 and requires that the Participant(s) must be a citizen and resident of India during the Audition Period of the Program and /or Auditions.

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 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).

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

4. The Participant(s) should not have any criminal conviction. Participant(s) must be in a physically, emotionally and mentally fit condition to participate in the Auditions/ Program. In addition, the Participant(s) must remain in India during the Period of the Program/Auditions. 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 conditions (viz.: heart problem, blood pressure problem, pregnancy, etc.).

5. 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). 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 Production House and/or Company in its sole and absolute discretion.

6. Participants must enter the Program and/or the Auditions voluntarily on their own behalf, without any compulsion and/or duress and Entry(ies) by proxy will not be accepted.

7. The Participant(s) should be aware of the format of the Program and the exact nature of acts/he/she would be required to perform during the various levels of the Auditions.

8. It is further clarified that any Participant(s) who have been awarded degrees, diplomas or other professional qualifications including but not limited to catering, hotel management or culinary education are not qualified to participate.

  1. Participants who have participated in any cooking reality shows /programs on any channel or platform, are not qualified to participate in the Auditions. Participants who have participated in any other reality shows /programs on any channel or platform, are mandatorily required to provide the Company and/or the Production House with prior notice of such participation prior to participating in this Auditions. The Company and/or the Production House shall, in their sole discretion decide whether or such Participants may be permitted to participate in the Auditions and/or the Program and the decision of the Company and/or the Production House shall be final and the Participants shall not challenge such decision of the Company and/or the Production House at any time.

10. Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw, change, alter, amend the mechanism of selection, participation, process of elimination, Terms and Conditions, Period and/or Program without giving prior notice to the Participant(s). Such changes to the Terms and Conditions shall be binding on the participants and it shall be the sole responsibility of the Participant(s) to check the Terms and Conditions on the Website, from time to time.

11. For the Auditions, the cost ofs 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. However:

a. For Level 3, Participants are required to bear travel cost to the Audition Centre, however, the Company and/or the Production House may in their sole discretion, offer to bear cost of lodging of such Participants (s) on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Participant and subject to the Participants providing the Company with actual receipts/documentation evidencing such expenses. In case for whatever reason for Level 3, any Participant is not agreeable to stay, etc. in the mode or at the place /hotel/venue allotted /finalised by the Company at its discretion or bear their expenses towards travel and stay for the same then the Company will regretfully consider the entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

b. For Level 4 onwards, the Company and/or the Production House may in their sole discretion, offer to bear cost of travel and lodging of such Participants (s) on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Participant and subject to the Participants providing the Company with actual receipts/documentation evidencing such expenses. In case for whatever reason for Level 4, any Participant is not agreeable to travel, stay, etc. in the mode or at the place /hotel/venue allotted /finalised by the Company at its discretion or bear their expenses towards travel and stay for the same then the Company will regretfully consider the entry of such Participant(s) as invalid and the Participant(s) shall be disqualified.

12. If the Participant(s) fails to attend any Level of the Auditions at the venue on the dates and times as informed by the Company for any reason whatsoever, the entry of the Participant(s) will be invalid and he/she shall be disqualified.

13. Company reserves the right to cancel and/or postpone the Program/Auditions without assigning any reasons and/or without giving any prior intimation to the Participant(s).

14. 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 SMS or internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ the Participant(s) and the telecom/mobile operator directly, without involving Company.

15. Company reserves the right to organise an examination of the dish(es) prepared by the Participant(s), which may involve on-site checking of dish(es). If the dish(es) have been found to be contaminated and/or unsafe for human consumption, the Company may initiate an action which it deems fit and necessary.

16. In the event of any fault, misunderstanding or dispute concerning any part of the Show/Program and/or the Auditions to qualify for the Show/ Program, the decision of the Company shall be final and each Participant shall be bound by such decision of the Company.

17. Participant(s) shall not in any circumstances through themselves make any claims against Company/Production House, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Auditions. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms and Conditions, the corresponding Entries will be disqualified.

18. 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 without any further compensation to the Participant.

19. The Participant acknowledge that the Program is a reality based program, and as such a degree of fictionalization is inherent in it. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner or may appear to be defamatory. Participant 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.

20. Each Participant(s) in consideration of being given opportunity to participate in the Auditions, agree that the Participant(s) shall hold harmless the main sponsor, if any, the Production House, Company , its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s), in any manner whatsoever in connection with the travel to the Audition Centre and/or the Auditions and/or participation in the Program and/or any Personal Information submitted by the Participant(s) and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

21. By participating in the Auditions and/or the Program it is deemed that the Participant(s) have read understood, accepted and agree to abide with all the rules and regulations of participation in the Auditions and/or the Programs set out herein and that on behalf of the Participant(s) are unconditionally bound by the terms of use and privacy rules of the Program as uploaded on the Website of the Company and /or the Program.

22. Participant(s) acknowledge that in case any portion/Paragraph of the 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.

23. The Participant shall ensure that he /she shall comply with the laws of India.

24. The Participant(s) shall make themselves available from time to time and co-operate with the Production House and/or Company and participate in any activity and/or campaign and /or events (“ Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable to the Participant(s). The Participant(s) shall further ensure that the Participant(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever.

25. The Participant(s) undertake that the Participant(s) shall not during the Audition/Program make any obscene gesture(s)/acts, or any defamatory statement of any event or any person alive or deceased, material, or anything of an advertising nature and will not expose the Company and/or the Production House to civil and/or criminal proceedings.

26. The Participant(s) undertake that the Participant(s) shall not grant or publish any interviews, news articles, or issue any other kind of publicity and/or personal blog(s) concerning its participation in the Program or the Auditions herein including but not limited to the Company without Company’s prior written consent in each instance.

27. The Participant(s) undertake that 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 demeanour and choice of language to create an atmosphere which would be conducive to the filming and/or promotion of the Audition /Program.

28. 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 including the Footage, by STAR and /or any of its affiliate companies and/or channels.

29. Participant(s) acknowledge 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.

30. If the operation of the Auditions and the 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 man (“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 and/or participation of a Participant(s)/Show Players forthwith and such decision shall be final and binding.

31. The Participant(s) acknowledge that notwithstanding a Participant's participation in the Show there is no obligation on the part of the Company to broadcast any Show in which he/she has taken part, or any or all of his / her contribution as recorded by the Company and such decision being final and binding on the Participant(s).

32. The Panel shall have the sole authority to judge the performance of all the Participants at each Level of the Auditions and the Program, and their decision shall be final and binding on all Participants(s). No Participant(s) shall dispute any decisions made by the Panel in connection to the selection procedure. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Panel and the Company shall be final and binding on all the Contestant(s) and in no event shall the Contestant(s) dispute the decision made by the Company or its employees in connection with the Auditions and/or the Program. 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 Auditions/Program, the decision of the Company shall be final and binding.

33. The Company reserves all rights to make amendments to the existing rules without prior or subsequent notice, and the Participant agree that the Participant shall be bound by such revised rules. The Company shall not be responsible and/or liable in any manner whatsoever in case the Participant(s) are unable to participate in the selection process due to failure on the part of the telecom operator, facility provider, etc.

34. The Participant(s) specifically agree, allows, grants and permits the Company or any party authorized by it to record (audio-video/audio or video) the participation process/performance at every level of the Auditions, including the acts at each level, 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 Participants (“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.

35. In consideration of being afforded an opportunity to participate in the Program/Audition, the Participant agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials , do not vest with Company, by operation of law, the Participant (s) on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant(s) on their behalf hereby agree that the Participant(s) shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘ Offer’). The Participant(s) 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 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.

36. The Participant (s) waive off their “Moral Rights” with respect to the Materials. Further, the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant(s) acknowledge that the Participant(s)’participation in the Auditions and/or the Program does not qualify the Participant as a ‘Performer’ within the meaning of the Indian Copyright Act, 1957.

37. The Participant(s) 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 including but not limited to “Hotstar” in any manner whatsoeverit may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

38. 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.

39. The Participant(s) acknowledge that for the avoidance of doubt, the Participant(s) shall not be liable to any consideration for participating in the Audition and/or the Program and/or the Show.

40. The Participant(s) agree that they 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.

41. The Participant(s) acknowledge that the Company shall in no event, whatsoever, be responsible for any medical or other problems suffered by Participant(s) during or in relation to the Program and/or the Auditions. The Participant(s) acknowledge and understand that the participation in the Audition/Program is at his/her own risk. The Company shall not be responsible for the Participant(s)’ safety during the Program and/or the Auditions and/or at the Audition Centre; neither shall they be required to obtain any insurance in relation to the same for Participant(s).

42. The Participant(s) acknowledge that non-conformance by any Participant(s) and/or the Show Player to the Terms and Conditions herein will disqualify them from participation.

43. The Participant(s) undertake that they shall all times (including all levels of the Auditions) including in all their public appearances have a pleasant demeanour and choice of language to create an atmosphere which would be conducive to the Auditions and /or Program. Further they will not, directly or indirectly, in any manner denigrate or do any act denigrating/detrimental to the Company or the Production House or the Program or the Channel(s) and /or indulge in any illegal activity or act of violence.

44. The Participant(s) of the contest are expected to treat the Panel with dignity and respect. If the Company and/or Production House observes Participant(s) behaving inappropriately, the Company and/or the Production House reserves the right to disqualify or take any such action against the as it may deem fit, the Participant(s) and the Participant(s) will not have any rights to claim any damages or seek any other relief against the Production House and/or the Company.

45. In the event any of the Participant(s) and/or the Panel and/or any judges, and/or producer(s), as the case may be, are unable to attend or appear for any Level of the Auditions, for any reasons whatsoever, STAR has the right to at its discretion anytime replace or bring in new Participant(s) and/or the Panel and/or any judges, and/or producer(s), as deemed fit and necessary by STAR.

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

47. The Participant(s) shall at no time speak to any third party including the media, in relation to the Auditions and/or the Program and/or the Show or disclose any information relating to the Company and/or the Production House including but not limited to the identity of the Participant(s).

48. The Participant(s) shall ensure that the Participant(s) shall at no time during the Auditions and/or the Program and/or the Show cheat from fellow Participant(s) or third parties. Such acts shall entitle the Company to disqualify the Participant(s) immediately, and such decision of the Company shall be final and binding on the Participant(s).

49. The Company reserves the right to terminate and/or postpone the Auditions and/or the Program without giving any prior notice to the Participant(s). Such decision shall be final and binding on the Participant(s) and the same shall not be dispute and/ or challenged in a court of law.

50. The Participant(s) acknowledge that the Company and/or the Production House is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant(s) and/or the Show Player(s) in any manner whatsoever, in relation to the Auditions and/or the Program.

51. 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 Auditions and/or the Program shall be referred to a sole arbitrator appointed by Company and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant who has raised the dispute.

52. Subject to the provision paragraph 51 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.

53. By participating in the Auditions and/or the Program, the Participant(s)acknowledge and agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the participation in the Auditions and/or the Program shall be resolved individually, without any recourse 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 Auditions and/or the Program (if any). Notwithstanding the foregoing, under no circumstances, will the Company and/or the Production House 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.

HOUSEFULL 4 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 “HOUSEFULL 4 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 10th October, 2019 (“Channel(s)”) and on its Facebook Page at the URL: https://www.facebook.com/STARPlusMiddleEast/ ; https://www.facebook.com/AsianetME (“Facebook Page”) and Instagram handle www.instagram.com/starplusmiddleeast/ (“Instagram Handle”).

The Contest shall commence on 10th October, 2019 at 12:00 AM UAE Time and shall conclude on 20th October, 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 “HOUSEFULL 4” (“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 HOUSEFULL 4 on the day and time specified by the Company (“Prize”). For avoidance of doubt it is clarified that the plus one of the Winner shall (i) an individual citizens/resident of the Territory and if below twenty-one (21) years of age at the start date of the Contest Period, i.e. a minor, he/she shall be a dependant upon the Winner and the Winner his natural/legal guardian (ii) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest and (iii) should be legally eligible to enter into a contract and if a minor, the Winner shall as his/her natural/ legal guardian authorized to enter into a contract on behalf of the minor.

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

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

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

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

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

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

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

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

16. All ancillary costs associated with including visa charges, expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the Winner and his/her plus one.

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

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

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

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

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

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

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

(IV) Additional Terms:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

'Lilly on Star World' contest

TERMS AND CONDITIONS

The following are the terms and conditions governing the “Lilly on Star World” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for promotion of the program “A Little Late With Lilly Singh” (“Program”) aired at 8:00 pm on Star World SD and HD (“Channel”) from September 21, 2019 onwards (Saturday and Sunday) 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”).

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

The Contest shall commence on October 4, 2019, 11 am onwards, and end at 8 pm on October 06, 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) Contest Mechanism

i. The Contest invites interested persons to participate by asking one (1) question to Lilly Singh on the posts shared on the Twitter Page by Star India. To qualify, the interested persons are required to provide the interested question, as required by Star India (“Participant(s)”).

ii. Participant(s) are required to respond with only one (1) question to Lilly Singh, by tweeting it on the official Twitter Page using the Hashtag “#LillyOnStarWorld”; and tagging the Twitter Handle “@StarWorldIndia” 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 creativity. 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, 10 (ten) 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 Winner shall under no circumstances exceed three (3).

6. Lilly Singh will respond to the questions of the Winners by recording an audio-visual for the same and the Winners shall be tagged with such audio-visual of Lilly Singh (“Prize”). In an unlikely event if the Winners announcement is postponed or delayed for any reason whatsoever, then Star India will not be held responsible.

7. The Prize to be awarded to the Winners shall be decided at the sole discretion of Star India. It is clarified that all taxes, if any, in relation to Prize shall be borne solely by Star India.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

“NAMMANE GOMBE" Contest

TERMS AND CONDITIONS

THE TERMS AND CONDITIONS ARE AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES

The following Principal and General rules are the rules and regulations (“Rules and Regulations”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the Dussehra Dolls Display Contest titled “NAMMANE GOMBE”” (hereinafter referred as ‘Contest’) which will be hosted by Asianet Star Communications Private Limited (“ASCPL”/ “Company ”) on the email id entries@starsuvarna.tv ( hereinafter referred to as “Email Id”) as a part of their marketing activity.

For the avoidance of doubt, the Privacy Policy available at http://www.startv.com/contesttnc.htm (“Website”) shall govern all usage of any Personal Information gathered under or pursuant to this Contest by ASCPL. Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of ASCPL as prescribed from time to time(hereinafter collectively referred to as “ Terms and Conditions”).If you do not agree to be bound or cannot comply with any of the Rules and Regulations, please do not continue. Your failure to accept these General or Principal Rules or the Privacy Policy or Terms of Use or User Generated Content will disqualify your participation in the Contest. The Contest shall be governed by the Rules and Regulations and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. By entering and participation in the Contest the entrant (“ Participants”) unconditionally accepts and agrees to comply with and abide by the Terms and Conditions herein. Participant(s)’ participation in the Contest will be deemed acceptance to these Terms and Conditions. The decisions of Company for all matters relating to the Contest shall be final and binding in all respects.

PRINCIPAL RULES

(I) Entrants’ Eligibility:

 

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

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

 

(II) Contest Procedure:

 

(a) The Company will announce the Contest through the aston bands on ASCPL Suvarna and Suarna Plus Channels and on its Facebook page www.facebook.com/starsuvarna . The Contest shall start on September 26 2019 at 06.00 AM IST and end on October 3 , 2019 at 06.00 PM IST (“Contest Period/Period ”).

(b) To participate in the Contest, all persons interested in participating and /or Participants shall be mandatorily required to do the following during the Period subject to such persons meeting the eligibility criteria noted in paragraph I above :

· Shall arrange the traditional Dussehra Dolls (”Dolls” - which shall be understood as the dolls which represent the Hindu Mythological stories of Ramayana, Mahabharata etc.,) in a systematic and colourful manner and take Photos ( maximum 3 Photos) of the Dolls arrangement in Jpeg or Pdf formats,(“Photo/s”) and

· Answer the question below with a brief description of not exceeding 50 (fifty) words in English or Kannada (“Question”)

1. How the Dussehra festival is special to them and how long have they been celebrating the festival with Dolls.

· Log on to their own/personal email id and send the Photo/s and the answer to the Question above (“Entry”) to the Email Id ( entries@starsuvarna.tv ) along with their full name, Address, the name of their city where they reside, contact number(s), (“Personal Information”).

· For the avoidance of doubt, in order to qualify as a ‘valid’ Entry, the Entry must possess the following requisites: (i) the Entry must be made by a Participant having a valid email id/account; (ii) send the Photo/s (maximum 3 Photos) of the Dolls arrangement (iii) the Participant must answer the Question briefly not exceeding 50 words in English or Kannada ,(iv) the Participant must currently be a citizen of India and resident of Bangalore or Mysore and aged eighteen (18) years or above (iv) the Entry must be sent to the Email along with Personal Information within the Valid Entry Time stated above.

· For purposes of the Contest, “receipt” of Entry occurs only when the email sent by the Participant is delivered to the prescribed Email Id. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.

· For the avoidance of doubt, if the Participant(s) sends the Entry without answering the Question, or the Photo/s of the Dolls arrangement which is not original or which is repetition or fails to furnish Personal Information or the Participant is not resident of Bangalore or Mysore, then his/her 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 the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information. It is further clarified that the Participant(s) cannot send (a ) blank Entry (b) offensive / abusive email (c) sending the email more than once (i.e., sending the same email many number of times in order to be selected as winner (d) Emails which do not make any sense (irrelevant to the Contest ). Any Entry comprising of such irrelevant content shall be considered null and void and shall not be eligible for the Gratification.

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

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

(i) belongs to another person and to which the Participant does not have any right; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights;(v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation. For the avoidance of doubt, the Participant(s) agrees that ASCPL has the right to remove any such material/Post which may not be in consonance with the applicable laws.

(e) The Participant(s) further represents and warrants that the Post being submitted by him/her shall be original. Particularly, the Participant(s) represents that he/she has the complete authority to submit the Photo as part of the Entry. In addition, the Participant(s)/Winner(s) further represents and warrants that he/she has obtained the requisite permissions on behalf of people in the Photo which forms part of the Post and agrees to indemnify and hold harmless ASCPL from and against any suit/litigation/injury/damage/harm/loss suffered by ASCPL in connection with the same

(f) Participants can send one Entry for one Dolls arrangement. If multiple Entries are received for the same Dolls arrangement, the same shall be considered as one Entry. Participant(s) agrees and understands that submission of more than one Entry for the same Dolls arrangement shall not result in a higher chance for the Participant(s) to win the Gratification. Participant agrees to not spam and send same Entry multiple times. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

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

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

(III) Selection Process :

(a) At the end of the Contest Period on the basis of the Participant(s) having sent (a) a valid Entry, (b) grandeur in arrangement of the Dolls , (c) the Exclusivity/uniqueness of the Dolls and (d) Participants to answer to the Question as to how the festival Dussehra is special to them and for how long they have been celebrating this festival, ASCPL shall at its discretion shortlist (20) Participant(s) (“ Shortlisted Participant(s)”). Subsequently out of these Shortlisted Participant(s), ASCPL shall select and declare 10 (ten) winners at the end of the Contest Period (hereinafter collectively referred to as “ Winners”). These Winners shall be selected and declared based on the criterion mentioned hereinabove by way of random selection by ASCPL at its discretion, from the aforementioned Shortlisted Participant(s). The total number of Winners declared during the Contest Period shall not exceed 10 (ten). After selection of Winner, ASCPL shall send their representative to the houses of the Winners to cross check the feasibility for shooting of Dussehra celebration in the house of each Winner. If the representatives of ASCPL is satisfied that shooting can be done at the house of the Winner, then the Winner will be informed of the shoot date and the arrangements required to be done by the Winner for shooting of Dussehra celebration at his /her house. If the Winner is agreeable, then ASCPL will shoot the Dussehra celebration at the Winner’s house with the participation of Winner and his/her member of his / her family, friends etc and shall broadcast the same on ASCPL Suvarna channel (“Gratification”). Each Winner shall be entitled to the Gratification. If the representatives of ASCPL finds that it is not feasible to shoot in the house of any of the Winners or if any Winners is not agreeable to provide the requirements of shooting, then such Winner shall not be entitled to any Gratification. Except the Gratification, there is no other gratification to the Winner/s on the Channel or any other platform owned by ASCPL and /or its affiliates. Participant(s)/Winner(s) agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Winner(s). For avoidance of doubt it is clarified that Company’s decision in regard to the selection and declaration of the Shortlisted Participant(s) and/or Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are Shortlisted Participant(s) and subsequently declared as Winner(s) based on the criterion mentioned hereinabove, by ASCPL at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). Post(s) sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

(b) ASCPL reserves the right to announce the name and/or publish the Modified Photos (s) of the Shortlisted Participant(s) and/or the Winner(s) either on-air on their Facebook page and/or on the Channel.

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

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

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

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

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

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

(i) The Winner (s) specifically agree and undertakes on behalf of himself / herself and his / her respective family members that he / she shall unconditionally make himself / herself and his / her family members to be present and available at their residence / house submitted as part of the Entry from time to time and co-operate with ASCPL and participate in any activity and/or campaign of any nature whatsoever for promotion of the Star Suvarna Channel and its programs and /or the Contest ("Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself / herself and his / her respective family members allows, grants and permits ASCPL or any party authorized by it to record (audio-video/audio or video), his /her and /or his / her family member’s appearances, participation, performance, acts ,any interaction of the Winner and /or his / her family members within themselves and /or with any artists , celebrities, media or any third party or any representative of ASCPL or any related series of sound recordings and video recordings which have been shot during the designated match at the venue and/or as part of the Promotional Activity on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Winner and /or his / her family members (“Footage”) and agree that the Footage may be used by ASCPL as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Promotional Activity and /or Contest .The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with ASCPL worldwide in perpetuity and ASCPL is entitled to exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future . The Winner further agrees and undertakes to execute on his / her behalf as well as on behalf necessary documentary as may be required by ASCPL in respect of the exploitation and use of such footage.

(j) LIMITATIONS OF LIABILITY: BY ENTERING THE CONTEST, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, OR ANY GRATIFICATION AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED AND ASSOCIATED WITH ENTERING THE CONTEST (IF ANY),

NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ASCPL AND/OR ASCPL ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL PUNITIVE, OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER DIRECT OR INDIRECT, ARISING IN ANY WAY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN ANY CASE ASCPL’S ENTIRE LIABILITY UNDER THIS TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL MONETARY VALUE OF THE GRATIFICATION .

GENERAL RULES

 

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

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

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

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

5. ASCPL reserves the right to disqualify any Participant(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by ASCPL from time to time. The decision of ASCPL in this regard shall be final and binding upon the Participant(s).

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

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

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

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

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

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

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

13. The Participant(s)/Shortlisted Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Gratification cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of 5 days, then ASCPL shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a Participant(s)/ Shortlisted Participant(s)/Winner(s) forthwith and such decision shall be final and binding.

 

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

 

15. The Participant(s) and/or the Shortlisted Participant(s)/Winner(s) shall hold harmless and indemnify ASCPL, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s) and/or the Winner(s) and or their family members/friend’s invited by the Winner(s) in any manner whatsoever in connection with the Contest and/or the Gratification and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

16. The Participant(s)/ Shortlisted Participant(s)/Winner(s) shall hold harmless and indemnify ASCPL, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by ASCPL in connection with any act of the Participant(s)/ Shortlisted Participant(s)/Winner(s) and/or the Contest and/or Post including the Photo, text in the Post and/or any third party rights claims with respect to the material submitted by the Participant(s)/ Shortlisted Participant(s)/Winner(s).

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

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

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

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

21. These Terms and Conditions shall be construed and governed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Contest and/or the Gratification shall be referred to a sole arbitrator appointed by ASCPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Bangalore, the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Party who has raised the dispute.

22. In case of any dispute or other matter arising in reference to the Contest and/or the Gratification, subject to the provision of Clause 21 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996 the Courts having jurisdiction to adjudicate the same shall exclusively be the courts at Bangalore, India.

LOOTCASE 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 “LOOTCASE Movie Contest” (“Contest”) and shall be binding oneach participant (“Participant”, “Your” and/or “You”) residing in the UAE (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Contest hosted by Star India Private Limited together with its affiliates, including but not limited to Star Asianet Middle East FZ LLC (“STAR/Company”) for the purpose of selection and participation of Participants in the Contest.

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

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

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

STAR shall promote the Contest on the channels “Star Plus”, “Star Gold”, “Star Bharat” and “Asianet Middle East” with effect from 23rd September, 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 September 23rd, 2019 at 12:00 AM UAE Time and shall conclude on October 7th, 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 “LOOTCASE” (“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 LOOTCASE on the day and time specified by the Company (“Prize”). For avoidance of doubt it is clarified that the plus one of the Winner shall (i) an individual citizens/resident of the Territory and if below twenty-one (21) years of age at the start date of the Contest Period, i.e. a minor, he/she shall be a dependant upon the Winner and the Winner his natural/legal guardian (ii) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest and (iii) should be legally eligible to enter into a contract and if a minor, the Winner shall as his/her natural/ legal guardian authorized to enter into a contract on behalf of the minor.

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

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

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

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

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

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

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

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

16. All ancillary costs associated with including visa charges, expenses, taxes (including airport taxes), costs, etc, is the sole responsibility of the Winner and his/her plus one.

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

 

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

 

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

 

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

 

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

 

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

 

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

(IV) Additional Terms:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

These Terms and Conditions are applicable to Participants who are: (i) citizens of, and residing in India or, (ii) citizens of Nepal and residing in Nepal or India. Click here to refer to separate Terms & Conditions below applicable to citizens of certain other countries who are residing in India.

 

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:

(i) 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;

(ii) 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;

(iii) 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.

2. 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).

 

3. 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.

4. Procedure to register

(a) 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”)

(b) 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.

(c) 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:

(i) 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

(ii) 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:

(A) 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.

(B) 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.

(C) 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.

(D) 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”).

(d) 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.

(e) 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.

5. All entries 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.

6. 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).

7. 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 of 1 (one) dance act, or additional dance acts in the discretion of the Panel (“ Act(s)”).

ii. 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.

iii. 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.

iv. 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.

v. 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.

B. LEVEL 2

i. 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.

ii. 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.

iii. 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.

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 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.

v. 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.

vi. 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.

vii. 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”).

viii. 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.

ix. 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).

C. LEVEL 3

i. 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.

ii. 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.

iii. 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.

iv. 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.

(2) 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.

(3) 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.

(4) 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).

D. LEVEL 4

 

i. 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

vi. 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.

vii. 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.

viii. 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.

 

E. LEVEL 5 – (TELEVISED AUDITIONS)

 

i. 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

vi. 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.

vii. 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.

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.

8. 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.

9. 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).

10. 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.

11. 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)

12. 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.

13. 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 of July 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.

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 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).

3. 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 , 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.

4. 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.

5. 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.

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)/Parent in case of a Minor Participant and the telecom/mobile operator directly, without involving Company. 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.

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) 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.

8. 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 Panel.

9. 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.

10. 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.

11. 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.

12. 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.).

13. 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 or PAN card) 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.

14. 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.

15. Disqualification of any individual Participant who forms a part of a Group shall result in disqualification of the entire 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.

16. 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.

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

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

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. 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.

32. 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.

33. 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.

34. 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).

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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).

43. 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.

44. 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.

45. 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.

46. 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 who has raised the dispute.

47. 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.

Dance Plus - Season 5 International Terms & Conditions

These Terms and Conditions are applicable to Participants who are Indian residents and citizens of any country in the world, excluding: (i) India; (ii) Nepal (iii) any country in the European Union, including the United Kingdom; (iv) the United States of America; (v) Canada; (vi) Australia; (vii) New Zealand; (viii) Japan; (ix) Singapore; and/or (ix) Malaysia.

 

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/#d5in (“Website”). By proceeding further, You are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable on You and You are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant, voluntarily participating in the Auditions. 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 participation in the same. Your 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 participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

 

DEFINITIONS

“Audition(s) ” means 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 mean the centres/venues located in Mumbai, India:

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 the Audition Centre 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 18 (eighteen) years; and (ii) completed the ages of 55 (fifty-five) years as of July 1, 2019 being a citizen of any of the Countries and resident of in India as per the applicable laws and enters the Auditions/Program.

Countries” means any country in the world, excluding: (i) India; (ii) Nepal (iii) any country in the European Union, including the United Kingdom; (iv) the United States of America; (v) Canada; (vi) Australia; (vii) New Zealand; (viii) Japan; (ix) Singapore; and/or (ix) Malaysia.

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.

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” any participant 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 Mumbai 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.

 

2. 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.

3. Procedure to register

(a) 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”)

(b) Participants 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.

(c) In case the said Contestant(s) is unable to furnish the required documents, 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) shall be considered a complete entry (“Entry”).

(d) Contestant(s) undertake that all Personal Information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre are true, correct, accurate and original. Any incomplete entry(ies) and /or Entries with incorrect format/information and/or inadequate information will be considered invalid and will be disqualified from participating in the 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.

(e) The Participant(s) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s). In case the said Participant(s) are unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

4. All entries 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.

5. 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).

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 of 1 (one) dance act, or additional dance acts in the discretion of the Panel (“ Act(s)”).

ii. 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.

iii. 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.

iv. 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 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 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) 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.

B. LEVEL 2

i. 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.

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

iii. 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.

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. 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..

v. 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 shall have any objection to the same.

vi. The selected Contestants shall be eligible for the next level of selection, Level 3.

vii. All Participant(s) selected and shortlisted for Level 3 shall be intimated 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 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”).

viii. 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.

C. LEVEL 3

i. 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.

ii. 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 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) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

iii. 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.

(2) 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 shall have any objection to the same.

(3) 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 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 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.

(4) 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 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 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) 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).

D. LEVEL 4

 

i. Contestant(s) 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

vi. 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.

vii. 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.

viii. 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.

 

E. LEVEL 5 – (TELEVISED AUDITIONS)

 

i. Contestant(s) 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.

ii. 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.

iii. 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.

iv. 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.

v. 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.

vi. 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.

vii. 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.

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 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.

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 Level 1 Auditions, then he/she is not restricted from participating in another Level 1 Audition at any other Audition Centre(s)

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 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 18 (eighteen) years and 55 (fifty five) years, i.e. completed 18 (eighteen) years or above and completed 55 (fifty five) years or below as of July 1, 2019 being a citizen of and residing in India and a citizen of any of the Countries, 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 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).

3. In the event the Participant is found to be in violation of any applicable laws at any point of time during the Auditions, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions. In case it is found to be otherwise by the Company then immediately such Participant shall be disqualified.

4. 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 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 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) 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 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, 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 Panel.

9. 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.

10. 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.

11. 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.

12. 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 / 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.).

13. The Participant(s) are required to furnish necessary supporting documentation in original (i.e., birth certificate, school leaving certificate or passport or PAN Card) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or STAR in its sole and absolute discretion.

14. The Participant represents, warrants and undertakes that he/ she is and shall continue to be resident India under a visa which permits him/her to freely reside and work in India, including participate in the Auditions and the Program without any restriction or prohibition, and he/she is fully compliance with the conditions of such visa and all applicable laws and contracts binding the Participant. The participation of the Participant in the Auditions and the Program is conditional on the Participant strictly complying with the terms of this Paragraph 14 and the Company reserves the right to disqualify any Participant in breach of the terms hereof.

15. Disqualification of any individual Participant who forms a part of a Group shall result in disqualification of the entire 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.

16. The Company also reserves the right to change the selection process of the Auditions(s) and /or format of the Program (in any manner whatsoever as deemed fit) stated herein and/or the requirements of any of the Levels of the Auditions, without any prior intimation to the Participant and/or the public. 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.

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

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

19. 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).

20. 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. 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) and subject to the Contestant(s) providing the Company with actual receipts/documentation evidencing such expenses.

21. 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.

22. 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 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.

23. In case for whatever reason any Participant 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.

24. 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.

25. 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.

26. The Participant(s), shall not grant or publish any interviews, or share any information /details news articles, or issue any other kind of publicity and/or on personal blog(s)/blogs and /or any social networking sites including but not limited to their participation in the Program or the Auditions or the Program or the 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.

27. 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.

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

29. 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.

30. 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.

31. Participant (s) 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.

32. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants agree, represent and warrant that all Intellectual Property in and to the Materials shall remain the exclusive property of Company from the moment they arise, for the entire period of their subsistence, in every part of the world. To the extent, that the Intellectual Property or any rights, title and interest in the Materials, do not vest with Company, by operation of law, the Participant, on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Materials including rights in any Exploitation thereof to Company. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Materials in relation to future medium or mode of exploitation of the Materials is not held valid by operation of law, notwithstanding the assignment of such rights in favor of Company, the Participant hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to Company for such future medium or mode of exploitation of the Intellectual Property in and to the Materials as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agree that the Participant(s) shall not 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 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.

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

34. 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).

35. 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.

36. 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 without any further compensation to the Participant.

37. The Participant agree that in consideration of being given opportunity to participate in the Auditions ,they shall hold harmless the main sponsor (if any), Channel, 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.

38. The Participant agrees 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.

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

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

41. 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.

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

43. Participant 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.

44. The participation of the Participant in the Auditions shall mean that the Participant have 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.

45. 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 who has raised the dispute.

46. 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 Proo