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, Off. Dr E. Moses Road, Mahalaxmi, Mumbai- 400011, India (“Star”).

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

StarMoviesSecretScreening 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 | Dance+ 4 Voting Rules| 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

StarMoviesSecretScreening

Terms & Conditions

The following are the terms and conditions governing the “#StarMoviesSecretScreening” event (“Event”) hosted by Star India Private Limited (“Star India”). The Event shall be held at PVR Cinemas, i.e., Phoenix Mall, Lower Parel, Mumbai /PVR Cinema Forum Mall Koramangala, Bangalore, PVR Ambience, Gurgaon and PVR Pune Bund Garden (“Venues”).

 

The participants are hereby invited to attend the Event at the Venue subject to these terms and conditions (“Participant(s)/You”).

 

The Event shall be held at the Venue on 21st February 2019.

Star India will have access to and collect information and data shared by the Participants including their personal information during and after the course of my participation in the Event. By appearing and participating in the Event, the Participants hereby, consent to the collection, storage, disclosure, processing, transfer of and sharing of the personal information 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 SIPL personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”).

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

 

  1. Rules:

 

  1. Star India reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Event at any time without giving any prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Event on the website of Star India i.e. www.Startv.com.

 

  1. Star India may at its sole discretion extend or curtail the Event or may change the date or cancel the Event at any time without any prior notice of the same.

 

  1. Participant(s) shall at all times ensure that they adhere to the applicable laws in force in the territory of India while attending the Event.

 

  1. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any claims by the Participant(s) in relation to his/her participation during the Event at the Venue, 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.

 

  1. For the avoidance of doubt, by participating in the Event, the Participant(s) is representing that any information shared by the Participant(s) 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.

 

  1. 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 Event is delayed or postponed or cancelled.

 

  1. Star India reserve the right to deny any Participant(s) from participating in the Event 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 Event, 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 shall not at any time challenge and/or dispute such decision of Star India.

 

  1. 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, damage or loss caused to the Participant(s) and/or any belongings of the Participant(s). Further, the Participant(s) shall be solely responsible for any belongings of the Participant(s).

 

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

 

  1. The Participant(s) interested in participating in the Event must be above the age of 21 (twenty-one) years and a citizen and resident of India only.

 

  1. Each Participant(s) consents to the use of any information supplied by the Participant(s) to Star India in relation to the Event, 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.

 

  1. The Participant(s) shall fully indemnify, defend and hold harmless, Star India its affiliates, its licensors and their 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) participation during the Event.

 

  1. The Participant(s) acknowledge that during the Event, Star India may record the Participant(s) participation by clicking photos or taking videos. In this regard, the Participant(s) hereby agree and consent to the use of any such photos or videos of the Participant(s) by Star India on any form of media, in relation to the Event.

 

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

 

  1. The Participant(s) agrees and confirms that in the event that the Participant(s) does initiate a claim, proceeding, suit, action, against Star India, the sole and entire compensation to be awarded to the Participant(s) in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to INR 500/- (Rupees Five Hundred only).

 

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

 

  1. Participant(s) acknowledges that Participant’s representations, warranties, indemnities, grant of rights in relation to any information provided by him/her, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

 

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

 

  1. Subject to the provision of Clause 18 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

 

 

Autographed Koffee Mug Contest

Terms & Conditions

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Koffee With Karan Season 6(“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every 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”) from 21st October, 2018 onwards, every week till the last episode of the Program.

 

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

 

The Contest shall commence on 17th February 2019, 9 pm onwards, and end at 11:59 pm on 17th February 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.

  1. Principle Rules-

 

  1. To participate in the Contest the Participant(s) shall follow the procedure as detailed below:

 

  1. 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.

 

  1. 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.

 

  1. 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).

 

  1. d) Contest Mechanism

 

  1. The Contest invites interested persons to participate to win the autographed mugs of the 3 (three) celebrities (Tiger Shroff, Tara Sutaria, Ananya Pandey) by answering 3 (three) trivia based questions, based on the content of the episode. To qualify, the interested persons will also need to answer correctly all the 3 (three) objective questions (“Participant(s))”.

 

  1. Participant(s) are required to correctly and accurately answer the 3 (three) trivia questions, for artists appearing in the episode of the Program, based on the episode of the day to win the autographed mugs, by tweeting it on the official Twitter Page using the hashtag “#KoffeeWithTheStudents”; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/Entries”).

 

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

                                        

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

  1. Each Entry shall be evaluated and judged inter alia, on the basis of its correctness. 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.

 

  1. At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period, one (1) Participant whose Entry is valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 one (1).
  2. Communication to the Winner shall be done on or before 1st March 2019 and the Prize will be dispatched to the Winner on or before 1st April 2019. In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

 

  1. One (1) Winner shall be chosen and will win the 3 (three) autographed Koffee with Karan mugs (“Prize”) autographed by the respective celebrities. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

 

  1. 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 e., www.Startv.com. The Contest is not sponsored, endorsed, administered or associated with Twitter in any way.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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:

 

  1. receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party
  2. determines at its sole discretion that the Entry 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.

 

  1. The final selection of the Winner shall be made by the Star India and shall be final and binding on all Participant(s)/Winner and in no event shall the Participant (s)/Winner 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.

 

  1. 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.

 

  1. 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.

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. Each Participant acknowledges and agrees that:

 

  1. 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.
  2. 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.
  3. The Data will be used in respect of the Contest on any platforms including channel(s) owned by Star India.
  4. The Data may be shared by Star India with any designated third parties, as deemed fit, in connection with the Contest.
  5. 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.
  6. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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).

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

  1. Participant(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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

 

 

“Pyaar Ke Papad” contest

TERMS AND CONDITIONS

The following are the terms and conditions governing the “Pyaar Ke Papad” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion and engaging the viewers of the program “Pyaar Ke Papad” (“Program”)” on Star Bharat SD and HD (“Channel”). The Contest shall be held on Star Bharat’s Facebook profile at the https://www.facebook.com/StarBharatOfficial/ respectively from 14th February, 2019 18:00 hours to 24 th February, 2019 23:59 hours (“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. 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 and Privacy Policy of the Contest. If you do not agree to be bound or cannot comply with any of the Terms and Conditions the Privacy Policy, please do not continue. Your act of voluntarily participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions and the 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, the Privacy Policy stated herein below 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 a citizen and resident of India. Women participating in the Contest shall be of 18 (eighteen) years of age or above at the start date of the Contest Period and men/others participating in the contest shall be 21 (twenty-one) years of age or above. 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 Facebook 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 Facebook account opened and operated by a family member and/or friend of the Participant(s).

d) Contest Mechanism

The Contest invites interested persons satisfying all criterion mentioned above in Paragraph 1 to voluntarily participate in the Contest (“Participant(s)”) asking them to share their story in text describing how the men/others, i.e., boyfriend/fiancé/husband struggled to convince the father/family of the woman about the relationship, with characters of the description not exceeding more than 500 characters and as required by Star India from time to time. Such description will be evaluated by Star India who will choose the winner(s). The Participant takes complete ownership that the description submitted for the Contest is original content and does not infringe and/or violate any third party rights. Each entry posted/ submitted by the Participant in accordance shall be hereinafter referred to as “Entry” under these Terms and Conditions.

e) Each Entry shall be judged and evaluated on the basis of originality, uniqueness, and innovativeness and overall creative impact/appeal/aesthetics. Each Entry shall be judged by representatives of Star India as deemed fit in their sole discretion.

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) 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.

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

i) At the end of the Contest Period, out of all Entry/ies received on the Facebook page within the Contest Period, the Top 2 Participants whose Entries are valid and all aforesaid selection parameters as mentioned in sub clause (d) above, have been successfully met and adjudged shall be selected on the basis of their ranks and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

2. The Shortlisted Participant(s) will be contacted via Direct Message (“Private Message”) to provide their name, age, email id and phone number within 24 hours of being contacted via Private message (“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/ college certificate/or 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 to any such Shortlisted Participant(s) in any manner whatsoever and Star India shall be free and entitled to award such Prize 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 Facebook, informing them that they are the winner(s) of the Contest The total number of Winner(s) shall under no circumstances exceed 2 (“Winner(s)”).

6. Communication to the Winner(s) shall be done on or before 28 th February, 2019. In the unlikely event that case the Winner announcement is postponed and/or delayed for any reason whatsoever, Star India will not be held responsible.

7. The Winners shall each win an opportunity to visit the lead protagonists of the Program Akhilendra Mishra, Aashay Mishra and/or Swarda Thigale (depending on the availability of the artists) of the Program along with the respective boyfriend/fiancé/husband/girlfriend/wife and father/family of the woman (“Prize”) at the time and location as stipulated by Star India and it is clarified that all taxes in relation to the Prize and all costs of travel and accommodation shall be borne solely by Star India, at its discretion. Upon being communicated of the Prize, the Winners shall respond regarding the availability of the Winner and the respective boyfriend/fiancé/husband/girlfriend/wife and father/family of the woman, within 24 hours of such communication from 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(s) 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(s). The Winner shall be responsible to apprise the respective boyfriend/fiancé/husband/girlfriend/wife and father/family of the woman regarding the Prize and the contents of these Terms and Conditions. The Winner shall be solely responsible for the actions and omissions of the Winner e respective boyfriend/fiancé/husband/girlfriend/wife and father/family of the woman and Star India shall not be responsible in any manner whatsoever.

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

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. The Winner also understand and agree that the Winner and the respective boyfriend/fiancé/husband/girlfriend/wife and father/family of the woman may be required to execute a separate written agreement(s) with Star India, if requested by Star India, its licensors’ and/or its affiliates.

11. The Participant understands that the Star India may at its sole discretion, develop and exploit the Entry to create a film and to record and/or exploit the recording of the visit of the Winners with the artists of the Program (“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, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

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

“Materials” shall mean and include the Entry including any form of photographs, stills, images, representations, recordings, videos, 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 Facebook. 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 Facebook 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 Facebook 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”/”Post” 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/or the augmented reality feature/filter, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India. For the avoidance of doubt, by submitting the Entry, the Participant(s) is representing that the Entry or any part thereof is not confidential or comprise any sensitive personal information.

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

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

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

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

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

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

11. The final selection of the Winner(s) shall be made by Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant(s)/Winner(s) dispute the decision made by 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(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize in any manner whatsoever.

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

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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 provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

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

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

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

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

25. Star India will have access to and collect information and data shared by the Participant(s) including his/ her personal information for the purposes of participating in the Contest and the Entry submission (“Data”). By participation and submission of the Entry, each Participant consents to the collection, storage, disclosure processing and the transfer of and sharing of the Data by Star India, its affiliates, and designated third parties in accordance with the terms of the Privacy Policy, i.e., Website 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.

26. Each Participant acknowledges and agrees that:

i. 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 & Conditions and the Privacy Policy.

ii. 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 (iii) below.

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

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

v. 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.

vi. 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.

27. The Participant will be solely responsible for complying with the terms stipulated by Facebook to submit Entry 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).

28. 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.

29. 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 platforms, (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.

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

31. 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.

32. 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.

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

34. 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.

35. 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.

36. 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.

37. 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.

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

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

40. Subject to the provision of Clause 39 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.

41. 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.

42. 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.

43. 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.

44. 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.

“Total Dhamaal" 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 “TOTAL DHAMAAL 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 channel “Star Plus”, “Star Gold”, “Star Bharat” and Asianet Middle East with effect from February 11, 2019 (“ Channel(s)”) and on its Facebook Page at the URL: https://www.facebook.com/STARPlusMiddleEast/ ; https://www.facebook.com/AsianetME (“Facebook Page”)

The Contest shall commence on February 11, 2019 at 12:00 AM UAE Time and shall conclude on February 19, 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 “TOTAL DHAMAAL” (“Movie ”) shall appear on the Channel(s) in the form of on-air promo and/or on the Facebook Page. The question shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and answer the question during Contest Period. To answer the question, Participants send the answer via SMS their answer by typing SAA (space) followed by your answer A/B/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.

4. 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.

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

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

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

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

9. 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.

10. 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.

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

12. 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.

13. 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.

14. 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.

15. 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 Total Dhamaal 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 of twenty-one (21) years of age or above at the start date of the Contest Period, (ii) not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest and (iii) should be legally eligible to enter into a contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(IV) Additional Terms:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Star All Access & Asainet All Access 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 “Star All Access & Asianet All Access 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 “S tar Plus Middle East”, “Star Bharat Middle East”, “Star Gold International” and Asianet 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 7th Feb, 2019 at 12:00 AM UAE and shall conclude on 12th Feb, 2018 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 an artist of the Event rtist or the event Star All Access & Asianet All Access (“Event”)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 email “STAR the correct option A, B or C to marketingme@startv.com. (“Entry”).

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 2 (two) couples (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 an invite for the meet & greet with the ArtistStar All Access & Asianet All Access. (“Prize”).

8. The Winner shall be solely responsible for his/her travel to and from the meet & greet with the Artist 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 meet & greet with the Artist 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

"Autographed Koffee Mug" Contest Kartik & Kriti

TERMS AND CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Koffee With Karan Season 6” (“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21 st October, 2018 onwards every 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”) from 21 st October, 2018 onwards, every week till the last episode of the Program.

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

The Contest shall commence on 10th Feb 2019, 9 pm onwards, and end at 11:59 pm on 10th Feb 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. 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) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Kartik Aaryan/or Kriti Sanon) by answering 2 (two) trivia based questions, for each celebrity appearing in the episode of the Program, based on the content of the episode. To qualify, the interested persons will also need to answer correctly, the 2 (two) objective questions asked for the respective celebrity (“Participant(s))”.

ii. Participant(s) are required to correctly and accurately answer the 2 (two) trivia questions, for each artist appearing in the episode of the Program, based on the episode of the day to win the respective autographed mug, by tweeting it on the official Twitter Page using the hashtag (A) “#KoffeeWithKartik” & “#KoffeeWithKriti” for the two questions pertaining to Kartik Aaryan & Kriti Sanon; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/Entries”).

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

e) 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.

f) 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.

g) 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.

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

i) Each Entry shall be evaluated and judged inter alia, on the basis of its correctness. 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.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.

6. Communication to the Winner(s) shall be done on or before 1st March 2019 and the Prize will be dispatched to the Winner on or before 1 st April 2019. In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

8. Star India shall courier the Prize to Winner(s) to the addresses (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(s) 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(s).

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, 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(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

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

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

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

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

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

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

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

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

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

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

25. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

39. Subject to the provision of Clause 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.

"Autographed Koffee Mug" Contest Sidharth & Aditya

TERMS & CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Koffee With Karan Season 6” (“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every 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”) from 21 st October, 2018 onwards, every week till the last episode of the Program.

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

The Contest shall commence on 03rd February 2019, 8:00 pm onwards, and end at 11:59 pm on 03rd February 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. 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) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Sidharth Malhotra/or Aditya Roy Kapur) by answering 2 (two) movie based questions, for each celebrity appearing in the episode of the Program. To qualify, the interested persons will also need to answer correctly, the 2 (two) objective questions asked for the respective celebrity (“Participant(s))”.

ii. Participant(s) are required to review the description provided by Star India for each artist appearing in the episode of the Program, guess the movie title and character name of the respective artist in the movie, correctly and accurately answer in text the 2 (two) trivia questions, i.e., the movie title and the character name of the respective artist in the said movie, to win the respective autographed mug, by tweeting it on the official Twitter Page using the applicable Hashtag for the two questions pertaining to Sidharth Malhotra and Aditya Roy Kapur; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/Entries”).

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

e) 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.

f) 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.

g) 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.

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

i) Each Entry shall be evaluated and judged inter alia, on the basis of its correctness. 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.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.

6. Communication to the Winner(s) shall be done on or before 10 th February, 2019 and the Prize will be dispatched to the Winner on or before 15th February, 2019. In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

8. Star India shall courier the Prize to Winner(s) to the addresses (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(s) 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(s).

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, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

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

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

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(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

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

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

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

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

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

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

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

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

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

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

25. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

39. Subject to the provision of Clause 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.

Bandhobi Program

TERMS & CONDITIONS

  1. Bandhobi Club (“Club”) will be operational in the cities across West Bengal, only.
  2. Members shall be females , residents of India and aged between 18 to 55 years
  3. The Club will have 30,000 members and right and criteria for membership will be reserved by Star India Private Limited , (“SIPL”) as it may deem fit.
  4. The membership of the club shall be valid for 1 year starting from 1st April 2019 to 31st March 2020.
  5. Members shall be invited to attend all and /or any of Star Jalsha’s on ground events/ workshops during the membership period. Such invitations will be at the sole discretion of Star India Private Limited (“SIPL”).
  6. Members will be informed about the next event through Email / SMS/Whats App on the mobile numbers as shared and provided herein or through any other medium of communication as deemed fit by SIPL at its discretion.
  7. SSIPL Shall send birthday/ anniversary wishes and Star Jalsha show updates regularly through Email / SMS/Whats App on the mobile numbers as shared and provided herein from time to time during the membership period .
  8. Member should not be an employee of SIPL and /or its affiliate companies.
  9. Member shouldn’t have involved in any kind of criminal/illegal activities.
  10. Members will receive the Membership card along with the detailed terms and conditions within 60-70 days from the date of enrolment.
  11. SIPL will not be responsible for non delivery of membership card or non activation of membership, incase incorrect personal details are provided in this form.
  12. Membership card is only for the club activities and should not be misused to influence elsewhere, other than for the specific purposes , as permitted by SIPL and /or Star Jalsha, i.e attending events / workshops organized by SIPL . Unauthorized use of membership card by the member/ any other person in any manner whatsoever will result in forfeiting the said membership.
  13. Member to work for the best interests of CLUB at all times . All the members are requested to actively participate in the CLUB gatherings, functions or get togethers or any other related activities.
  14. SIPLhas the right to use the details of members for other promotional activities as it may deem fit at its discretion.
  15. SIPL can seek members feedback / opinion for research purposes through any mode or medium of communication as deemed fit by SIPL.
  16. Member should maintain cordial relations with other members and representatives of the Bandhobi CLUB.
  17. Members shall be solely responsible for their health and safety while engaging in the Club activities and attending the events
  18. Member cannot get entry to BANDHOBI CLUB events or any related events organized by SIPL and /or the BANDHOBI CLUB without showing their membership card.
  19. Only Member can come for an event on invitation by SIPL/ Star Jalsha. No one can accompany the members unless they have been told by SIPL/ Star Jalsha in particular for one of the events.
  20. Cost of all the Club events will be borne by SIPL and member will not have to pay anything to attend the event. In case of competitions which require active participation of the Members, Members will have to bear all the cost of their costume, F&B or any other material required to participate without any recourse to SIPL.
  21. Members will not get any travel/ F&B expense for coming to Bandhobi Club / Star Jalsha events.
  22. SIPL will decide the nature and pattern of all the events , games and we reserve the right to change, alter or cancel any event or rules of games without prior notice at our sole discretion . In case of cancellation members will be informed through SMS/ whats app a day prior.
  23. Members should follow the rules and regulations of the club which would be further discussed in the BANDHOBI CLUB meetings.
  24. If found in violation of rules or misuse of the card, SIPLhas rights to terminate the membership forthwith without any further notice .
  25. Other club conditions apply.

Banglar Jalsha Event

TERMS & CONDITIONS

This invitation admits one person & is not transferable | Kindly present this card for admission | Minors need to be accompanied by their legal guardian / parent| Kindly present your Aadhar Card / Driver’s License/ age id proof for entry to the venue | Invite is not for sale | No re-entry allowed | Gates will open at 4.30 pm |.The organizers reserve the right to frisk the card holders at the entry points for security reasons | Cameras, drugs, cigarettes, lighters, matchboxes, arms & ammunition, bottles, cans, tins or any other material that is considered unaccepted by the organizer are not allowed inside the venue | No food or beverage from outside is permitted | Purses / handbags are liable to undergo strict security check | The organizers do not take the responsibility for the loss or theft of any personal belongings or any injury that the card holder may incur at the venue | Smoking is strictly prohibited | Please switch off cell phones inside the venue | This event will be recorded to make an audio/video/tape or digital recordings and to use and exploit the same exclusively, in any and all media or platform now or hereafter known, for the purpose of, in connection with and for inclusion of the same in or outside of the event and /or channel or promotion of the channel and /or program or for any other purpose as may be deemed fit by Star India at its discretion. | Your attendance at the event constitutes your voluntary consent to your inclusion to be a part of the event and /or the recording and the unrestricted transmission & exploitation of all or any part of the recording in any and all media | Seating is on a first come first serve basis | Parking at owner’s risk | The organizer reserves the right to alter or change the event / timings of the event and /or program or refuse admission to an invitation holder. No recording of any sort through Camera or Mobile phones is permitted inside the venue.

Nan Hendthi MBBS campaign

TERMS & CONDITIONS

The following Principal and General rules are the rules and regulations (“Rules and Regulations”) which shall be binding on each and every Participant (“Participant” or “You”) who voluntarily agree to participate in the “ Nanna Hendthi MBBS Contest” (hereinafter referred as ‘Contest’) which will be hosted by Asianet Star Communications Private Limited (“ASCPL”) as a part of the promotion and marketing of the program titled “Nan Hendthi MBBS” (“Program”) ,to be telecast on Star Suvarna (“Channel”).

Any information gathered through this Rules and Regulations shall be subject to our Privacy Policy which is available at https://www.startv.com/legal-terms-policies/ (“Website”) and is incorporated herein by reference. Your act of participating in the Contest shall be deemed to be your absolute agreement to the Rules and Regulations, Terms of Use, Privacy Policy and User Generated Content of ASCPL as prescribed from time to time (hereinafter collectively referred to as “Rules and Regulations). If you do not agree to be bound or cannot comply with any of the Rules and Regulations, please do not continue. Your failure to accept these 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.

The Privacy Policy available at the https://www.startv.com/legal-terms-policies/ shall govern all usage of any Personal Information(as 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 in relation to Your participation in the Contest gathered under or pursuant to this Contest by ASCPL (if any)).

PRINCIPLE RULES

1. ASCPL shall announce the Contest through on-air promos, Aston and L bands on the Channel and digital platforms

2. The Contest will commence on January 28,2019, 5.00 PM. Indian Standard Time (IST) and will end Feb 10,2019 at 11:59 PM Indian Standard Time (IST) (“Period”). ASCPL reserves all rights to make amendments to the Period and/or Rules and Regulation and/or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Rules and Regulations for the Contest on the Website from time to time. ASCPL also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant (s).

3. The Contest is open only for legally married couples who have fulfilled the dreams of their respective spouses, supported his/her spouse’s aspirations and keep up the promises he/she has made to his/her spouse. The couples have to send their story/ies (“Story/ies”) as to how their dreams, aspirations promises are fulfilled with the support of their respective spouse through an email to the email id nhm@starsuvarna.tv. (“Email ID”) The Participants can send the Stories either in Kannada or English language. The Story should be in brief and shall not exceed 500 (Five hundred) words and should be in readable format.

4. The Participants participating in the Contest should be citizens of India and should be couples having legally married with minimum 18 years of age for female and 21 years of age for male.

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

i. log in to his /her own email Id and compose a new email addressed to the Email ID mentioned above and send the his /her original Story either as an attachment to the email or typed in the body of the email.

ii. The Participant must submit his /her full name, contact number(s) in the body of the email. The final shortlisted Participants have to, in addition to the Name and contact number, share their Address, Spouse name, age, and other details along with required proofs (“(“Personal Information”)”).

iii. For the purpose of the Contest the Story/ies shall be referred to as “Content”

iv. For purposes of the Contest, “receipt” of Content (s) occurs only when the Content reaches the Email ID with proper attachment stated above. For sake of clarity, any automated sent or receipt confirmation shall not constitute proof of actual receipt. Logging into the own email id in the manner as stated hereinabove , Providing his/her original story as to how his/her dreams or promises are fulfilled by the spouse, furnishing the Personal Information and sending the email to Email ID shall be considered as a complete and valid entry (“Entry”). For avoidance of doubt it is clarified that if the Participant(s) provides an incorrect Story and /or incorrect Personal Information and /or Story which is not his/her original and is adapted or copied and/or sends the Story to an incorrect Email ID , then his/her Entry (as defined below) shall be considered incomplete and the Participant(s) shall not be eligible for the Prize (as defined below). Any Entry comprising of such unoriginal and /or adapted Stories shall be considered null and void and shall not be eligible for the Prize. It is further clarified that by submitting the Entry and /or Content the Participant(s) is representing that the Entry(s) and /or Content or contents thereof are not confidential or comprise any sensitive personal information. Simultaneous

6. At the end of the Period, on the basis of the Participant(s) having made a valid Entry, each Story will be reviewed by a panel of jury (“Jury”) to be appointed by ASCPL at its sole discretion. The Jury will review the Stories on the basis of nature of spouse’s aspirations, manner and extent in which the spouse has supported him/her in achieving the same, success in achieving the goals, emotional quotient and any other criteria as may be deemed fit by ASCPL at its sole discretion. The Jury will out of the Entries received during the Period basis the criteria and parameters set out herein, review and shortlist 10(ten) interesting Stories on random basis. Subsequently, the Jury shall on the basis of the above criteria and originality and uniqueness of the Story, select and declare 1 (one) winner (hereinafter referred to as ‘Winner’) out of 10 (ten) shortlisted Stories. ASCPL will invite these shortlisted Participants to Star Suvarna office at Bangalore and will conduct an interactive Live Show on Facebook (“Facbook Show”),. The Winner shall be entitled to a gratification of gold of Rs.1,00,000/- (Rupees one Lakh only ) worth as on the date of disbursement of the Prize (“Prize”). The remaining nine shortlisted Participants will be rewarded with a gift hampers of worth not exceeding Rs.2000/- for each of them. The shortlisted Participants shall be announced on the Aston bands during telecast of the Program and also on Channel’s Facebook page www.facebook.com/starsuvarna based on ASCPL’s discretion. The shortlisted Participants would be contacted on their email Ids and on their contact number provided in the email. When they are contacted, the shortlisted Participant(s) would be asked to provide their Personal Information and bring the required documentary proof. After shortlisting Winner(s) if there is any discrepancy in the documentation, and/or if ASCPL comes to know that the shortlisted Participants have provided false Information, ASCPL has absolute right to disqualify such Participant(s) and award the Prize to the next deserving Participant shortlisted on the aforesaid criteria. Each Participant/Winner consents to the use of information supplied by the Participant for the purposes as set out in these Rules and Regulations. For avoidance of doubt it is clarified that ASCPL’s decision in regard to the selection and declaration of the Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant (s) having made a valid Entry and who are shortlisted and declared as Winner based on the criterion mentioned hereinabove, by ASCPL at its discretion shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.

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

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

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

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

11. ASCPL reserves the right to disqualify any Participant(s)/Winner(s) from participating in the Contest if his/her conduct is found to not be in concurrence with the Rules and Regulations set out herein or as may be revised by ASCPL from time to time. ASCPL reserves the absolute right and discretion to reject any “Entry/Content ” or any part thereof at any stage of the Contest, including after declaring the Winner(s)/, if ASCPL:

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

b. determines at its sole discretion that the Entry/ Content and /or Story is inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; or if the Story is based/copies/adapted from any literary, artistic or cinematographic works or any violates any law for the time being in force; deceives or misleads the addressee about the origin of such Stories or 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 ASCPL in this regard shall be final and binding upon the Participant(s)/Winner(s).

12. In consideration of the participation in the Contest, Participants/Winner(s) hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Content and /or the Story, during or pursuant to the Contest, performance/participation in Facebook Show, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry and/or the Content and /or the Story made including but not limited to for use of the same on the world wide web (internet), publication, communication to the public in any other form of media including but not limited to interactive social media platforms like Twitter Page and Star Suvarna Facebook Page at the URL www.facebook.com/starsuvarna for the entire world to ASCPL. To the extent, the above assignment is not held valid by operation of law, the Participant(s)/Winner) in consideration of participating in the Contest, hereby also grants an exclusive, perpetual, sub licensable license to ASCPL for use in the entire world in any media and form as ASCPL may deem fit, of the texts, Entry, Facebook Show or any parts thereof submitted during the Contest to ASCPL including right to use, add, alter, translate, adapt any Entry made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/Winner(s)) waives any so called moral rights in the Entry.

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

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

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

General Rules

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

2. The entry process is strictly open to legally married couples of the age of 18 (eighteen) years and above for females and 21 years and above for males and Indian citizens only residing anywhere in India . The Participant (s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.

3. The Participants should be able to speak and understand Kannada language.

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

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

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

6. ASCPL reserves the right to cancel and/or postpone the Contest without assigning any reasons and/or without giving any prior intimation to the Participant (s).

7. The Winner and shortlisted Participant represents and undertakes to execute and produce such further documents as may be required by ASCPL in relation to availing the Prize and gift hampers herein. They have to provide the following documents for claiming the Prize and the gift hampers

a. Proof of marriage

b. Age Proof (issued by Govt)

c. Address Proof(issued by Govt)

d. PAN card

8. In case a Participant is found to be in non-conformance of the Rules and Regulations, Terms of Use, User Generated Content, or Privacy Policy then ASCPL will disqualify the Participant.

9. ASCPL shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, problems pertaining to emails unclear network, disruption in the network and/or the internet /network costs charged by the telecom/mobile/network operator etc. Any dispute in connection to the above shall be settled between the subscribers, Participants and the telecom/mobile operator directly, without involving ASCPL .

10. In case of any telecom and /or network failure and /or technical failure /breakdown in sending the email/s on the Email ID and /or technical failure in submitting and /or providing the Story and /or Content and/or for any reasons whatsoever, ASCPL reserves the right to at its sole discretion to change the Platform and /or the mechanism for submitting the Content (s)and /or cease from accepting Content of the Participants in any manner it may deem fit and necessary. In such events , ASCPL shall be entitled to exercise the option of putting the Contest and /or the selection and declaration of Winner(s) in abeyance, as it may deemed fit at its discretion . In addition ASCPL shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the email mechanism for submitting the Answer(s)including without limitation to Server failure of recording/receiving Story and /or Content or failure in email beyond the end time stated in these Rules and Regulations and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of ASCPL .

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

12. The Winner(s) shall furnish his/her information including postal address as sought by ASCPL through such private message. In the event the telephone/mobile number is engaged, or lines on the route are busy, or it is ringing but there is no answer, ASCPL shall make maximum two (2) attempts (maximum one attempt per day for two consecutive days). In case any Winner(s)is unavailable on both the attempts, the selection of that Winner(s) shall be invalidated and ASCPL shall at its sole discretion may select another Winner(s), during the Period. For the avoidance of doubt such choice of Winner(s) by ASCPL shall be final and binding. ASCPL shall not be responsible if the Winner(s))is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision shall be final and binding.

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

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

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

16. The winner(s) has to bear all the taxes payable to the Government for the Prize including but not limited to gift tax, income tax etc., The winner(s) should first pay the applicable tax before claiming the Prize. If the winner(s) is unable to pay the tax, ASCPL will deduct the applicable tax amounts from the Prize and give the Prize equal to the worth of balance money.

17. ASCPL shall not be responsible for any Entries/ Content submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

18. ASCPL reserves the right to forfeit the Prize in the event it is found by ASCPL or ASCPL has a reason to believe that any information provided including Personal Information by the Winner(s) is wrong, fraudulent or any misrepresentation is made by the Winner(s) and /or ASCPL comes to know from any sources that the Story of such Winner(s) is not original and is copied and /or adapted from . ASCPL shall have the right to declare another Participant(s) on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Prize to that person. Such decision of ASCPL shall be final and binding.

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

20. ASCPL makes no representation and/or warranty regarding the Prize other than those given in these Rules and Regulations and hereby expressly disclaims all other warranties, expressed or implied.

20. The Winner(s) ) shall be solely responsible to avail the Prize at the time of delivery. The Winner(s) ) agrees that he/she shall not hold ASCPL and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize or damage during transit or any problem in connection to the Prize .

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

22. The Participant/Winner shall not do any act either directly or indirectly during such Promotional Activity which may bring ASCPL into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant/Winner ) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Program.

23. The winner shall collect the Prize in person from on the date and time informed by ASCPL. The gift hampers for the shortlisted winners may be collected in person or will be sent to the address shared by the Winner(s) at the time of ASCPL notifying the Winner(s). For the avoidance of doubt ASCPL shall not be held liable for any damage and/or theft caused to the Prize during the process of delivery.

24. ASCPL shall not be responsible if the Winner(s) is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision of ASCPL shall be final and binding.

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

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

27. For the sake of clarity, if the Winner (s) refuses to accept the Prize awarded within 2(two) days of the intimation of the same from ASCPL , ASCPL shall be released from all obligations towards the Winner (s) in connection to the Prize won by the Winner(s) . Further, after forfeiting the Prize, ASCPL shall be entitled to select and declare another Winner (s) ( on a random basis based on the criterion set out hereinabove), as it deems fit, and award the Prize, to that Winner and such decision of ASCPL shall be final and binding.

28. After dispatch of the Prize, in case during transit, if any loss/damage etc. is caused incurred, ASCPL will not be liable for any such loss/damage etc. Further, ASCPL shall not be responsible or liable for any technical disruption and/or failure and/or any other difficulties of such nature, due to which the Winner(s) is un-reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which ASCPL is unable to intimate the Winner(s).

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

30. ASCPL will not be responsible nor shall be held liable for defect in the Prize, if any and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize. The Winner agrees that he/she shall not hold ASCPL and/or the channel and/or their employees, responsible for delays or any problems in connection to the Prize .

31. Each Participant in consideration of being given opportunity to participate in the Contest , agrees that the Participant/Winner shall hold harmless and indemnify the main sponsor, if any, the Channel, 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/Winner, in any manner whatsoever in connection with the Contest, the email mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry and/or any personal information submitted by the Participant/Winner and to the extent permissible under law waives all rights to file in person through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

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

33. Each Participant in consideration of being given opportunity to participate in the Contest ,agrees to 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)/Participant(s) Entry and/or the Contest and/or Content including any third party rights claims with respect to the material submitted by the Participant(s).

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

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

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

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

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

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

40. Subject to the provision of 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 relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Bangalore, India.

“#StarMoviesSecretScreening” event

TERMS & CONDITIONS

The following are the terms and conditions governing the“#StarMoviesSecretScreening” event (“Event”) hosted by Star India Private Limited (“Star India”). The Event shall be held at PVR Cinemas, i.e. Phoenix Mall, Lower Parel, Mumbai /PVR Cinema Forum Mall Koramangala, Bangalore and PVR Ambience – Gurgaon, PV, PVR phoenix market city Viman Nagar (“Venues”).

The participants are hereby invited to attend the Event at the Venue subject to these terms and conditions (“ Participant(s/You”).

The Event shall be held at the Venue on 06th February 2019

Star India will have access to and collect information and data shared by the Participants including their personal information during and after the course of my participation in the Event. By appearing and participation at the Even. The Participants hereby ,consent to the collection, storage, disclosure, processing, transfer of and sharing of the Data by Star India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and SIPL Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp.

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

I. Rules:

1. Star India reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Event at any time without giving any prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Event on the website of Star India i.e. www.Startv.com.

2. Star India may at its sole discretion extend or curtail the Event or may change the date or cancel the Event at any time without any prior notice of the same.

3. Participant(s) shall at all times ensure that they adhere to the applicable laws in force in the territory of India while attending the Event.

4. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any claims by the Participant(s) in relation to his/her participation during the Event at the Venue, 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.

5. For the avoidance of doubt, by participating in the Event, the Participant(s) is representing that any information shared by the Participant(s) 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.

6. 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 Event is delayed or postponed or cancelled.

7. Star India reserve the right to deny any Participant(s) from participating in the Event 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 Event, 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 shall not at any time challenge and/or dispute such decision of Star India.

8. 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, damage or loss caused to the Participant(s) and/or any belongings of the Participant(s). Further, the Participant(s) shall be solely responsible for any belongings of the Participant(s).

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

10. Each Participant(s) consents to the use of any information supplied by the Participant(s) to Star India in relation to the Event, 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.

11. The Participant(s) shall fully indemnify, defend and hold harmless, Star India its affiliates, its licensors and their 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) participation during the Event.

12. The Participant(s) acknowledge that during the Event, Star India may record the Participant(s) participation by clicking photos or taking videos. In this regard, the Participant(s) hereby agree and consent to the use of any such photos or videos of the Participant(s) by Star India on any form of media, in relation to the Event.

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

14. The Participant(s) agrees and confirms that in the event that the Participant(s) does initiate a claim, proceeding, suit, action, against Star India, the sole and entire compensation to be awarded to the Participant(s) in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to INR 500/- (Rupees Five Hundred only).

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

16. Participant(s) acknowledges that Participant’s representations, warranties, indemnities, grant of rights in relation to any information provided by him/her, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

17. 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 Event shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s).

18. Subject to the provision of Clause 17 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 under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

Autographed Mug Contest Rajkummar & Bhumi

TERMS AND CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Koffee With Karan Season 6(“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every 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”) from 21st October, 2018 onwards, every week till the last episode of the Program.

 

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

 

The Contest shall commence on 27th January 2019, 8:00 pm onwards, and end at 11:59pm on 27th January 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. 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-policieswpp 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.

  1. Principle Rules-

 

  1. To participate in the Contest the Participant(s) shall follow the procedure as detailed below:

 

  1. 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.

 

  1. 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.

 

  1. 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).

 

  1. d) Contest Mechanism

 

  1. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Rajukummar Rao/or Bhumi pednekar) by answering 2 (two) trivia based questions, for each celebrity appearing in the episode of the Program, based on the content of the episode. To qualify, the interested persons will also need to answer correctly, the 2 (two) objective questions asked for the respective celebrity (“Participant(s))”.

 

  1. Participant(s) are required to correctly and accurately answer the 2 (two) trivia questions, for each artist appearing in the episode of the Program, based on the episode of the day to win the respective autographed mug, by tweeting it on the official Twitter Page using the hashtag (A) “#KoffeeWithRajkummar” & “#KoffeeWithBhumi” for the two questions pertaining to Rajkummar Rao & Bhumi Pednekar; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/Entries”).

 

  • Entries submitted without the respective and correct Hashtag(s) and tagging the Twitter Handle shall be considered null and void.

                                        

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

  1. Each Entry shall be evaluated and judged inter alia, on the basis of its correctness. 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.

 

  1. At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.
  2. Communication to the Winner(s) shall be done on or before November 10th, 2018 and the Prize will be dispatched to the Winner on or before November 30th In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

 

  1. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

 

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

 

  1. 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(s) 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(s).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

 

  1. 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 e., www.Startv.com. The Contest is not sponsored, endorsed, administered or associated with Twitter in any way.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

  1. 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:

 

  1. receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party
  2. determines at its sole discretion that the Entry 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.

 

  1. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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.

 

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

 

  1. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

 

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

 

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

 

  1. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

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

 

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

 

  1. 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.

 

  1. Each Participant acknowledges and agrees that:

 

  1. 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.
  2. 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.
  3. The Data will be used in respect of the Contest on any platforms including channel(s) owned by Star India.
  4. The Data may be shared by Star India with any designated third parties, as deemed fit, in connection with the Contest.
  5. 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.
  6. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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.

WanderlustStories

Terms and Conditions

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

 

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Activity to be held on the Star Movies’ Twitter handle at https://twitter.com/StarMoviesIndia (“Official Twitter Handle”), Star Movies’ Instagram handle at https://instagram.com/starmoviesindia (“Official Instagram Handle”) or Star Movies’ Facebook account at https://facebook.com/startmoviesindia (“Official Facebook account”) from January 19, 2019, 10.00A.M. to January 31, 2019 9.00P.M. (“Activity Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Activity and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

 

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

                                                       

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

 

The Participants act of voluntarily participating in the Activity in the manner as detailed below shall be deemed to be the Participants 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:
    • Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content :
  2. The Participant should be an Indian citizen, residing in India only;
  3. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Activity;
  • The Participant should be well versed in the English language - both written and spoken;
  1. 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;
  2. 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;
  3. The Participant should abide by all the applicable laws at all times.
  • Employees 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.  

  • Qualification and parameters of Content: Star India invites all the interested Participants to tweet or post from the respective Participant’s social media handle (Twitter, Facebook and/or Instagram) short stories in text and/or with images demonstrating Participant’s memorable travel experience. (‘Content’).

 

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

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.

  1. ii. upload the Content on social platform (Facebook, Twitter and/or Instagram) from their own Twitter handle, Facebook account and/or Instagram (as posts or stories), by using the hashtag ‘#WanderlustStories’ (“Hashtag”) and tagging the official handlesStarMoviesIndia” (“Handle”).

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;

  1. 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;
  2. 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;
  3. will be in good taste and 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 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

  1. Activity Mechanism:

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

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

 

The Participants’ adherence to the eligibility criteria provided hereinabove, tweeting or tagging the Hashtag and the Handle 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 Handle, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

 

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

 

  1. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

  • 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;
  • 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;
  • 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);
  • 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;
  • 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;
  • 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.
  • 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;
  • The Content shall not include any advertisements or solicitation of any business/es;
  1. 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;
  2. 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;
  3. that harm minors in any way;
  4. that infringes any patent, trademark, copyright or other proprietary rights;
  5. that violates any privacy laws for the time being in force;
  6. that violates any law for the time being in force;
  7. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  8. by impersonates another person;
  9. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  10. 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.

 

  • You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India and (v) if any representation , warranty or  Personal Information made by You turns to  be untrue, false and in accurate . 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.

 

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

 

  • The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) for the purposes of the Activity and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of the Company, 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 the Company 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 the Company worldwide in perpetuity and the Company is entitled to exploit the same  in any manner it may deem fit.

 

Exploitation/Exploitshall 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 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 Recordingshall 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 rightsand/or authors special rightsand 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 Propertymeans and includes all performances, performersrights,  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.

 

Materialsshall 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.

  • 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.
  • For the purposes of this Activity, by uploading and /or submitting/ his /her tweet/post on the Twitter, Instagram or Facebook platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter, Facebook and Instagram. It is further clarified that such platforms reserve the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Content uploaded on the platform in any other format other than that prescribed by such platform having an unclear audio or video quality will be deemed invalid and will be disqualified from the Activity without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter, Facebook and/or Instagram shall be resolved directly with the platform without any recourse to Star India.
  • The Participant will be solely responsible for complying with the terms stipulated by Twitter in the territory to submit/ upload the Content on account of any restrictive terms imposed by such platform(s) and/or on account of the Participant’s failure to comply with the terms imposed by such platform(s).
  • By providing any personal information to Star India, as part of the Submission, 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;
  • You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the website(s) from time to time in order to be informed of the latest version of the T&C;
  • 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;
  • 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;
  • 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;
  • 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;
  • You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;
  • Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Activity is delayed or postponed or cancelled;
  • Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;
  • 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;
  • 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;
  • 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;
  • 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;
  • 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;
  • You hereby understand that Star India makes no representation and/or warranties regarding the Activity or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;
  • Limitation of liability: By submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities , its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.
  • 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;
  • 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.
  • 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.

 

  • 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.
  • Star India are in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Participant in any manner whatsoever, in relation to the Activity and/or any matters arising out of the Terms and Conditions.
  • 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.
  • 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;
  • 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.
  • 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;
  • 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.
  • 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.
  • The T&C shall be construed in accordance with the laws of India and notwithstanding anything to the contrary, in case of any dispute or other matter arising in reference to this Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.
  • Subject to the provision of Paragraph 4.34. 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

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.

“Autographed Koffee Mug” contest

Terms & Conditions

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited(“Star India”) for the promotion of the program “ Koffee With Karan Season 6(“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every 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”) from 21st October, 2018 onwards, every week till the last episode of the Program.

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

The Contest shall commence on 20th January 2019, 8:00 pm onwards, and end at 11:59pm on 20th January 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. 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) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Abhishek Bachchan and Shweta Bachchan Nanda) by captioning the image of the respective celebrity in text with a movie title and/or dialogue of their father’s movies (“ Participant(s))”.

ii. Participant(s) are required to review the creative(s) as provided by Star India, creatively caption the image as mention in paragraph d(i) above for the respective artist appearing in the episode of the Program, based on the episode of the day to win the respective autographed mug, by tweeting it on the official Twitter Page using the Hashtags“#KoffeeWithAbhishek” and/or “#KoffeeWithShweta”, as applicable; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/ Entries”).

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

e) 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.

f) 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.

g) 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.

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

i) Each Entry shall be evaluated and judged inter alia, on the basis of its creativity and correctness. 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.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.

6. Communication to the Winner(s) shall be done on or before January 28, 2019 and the Prize will be dispatched to the Winner on or before February 10, 2019. In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

8. Star India shall courier the Prize to Winner(s) to the addresses (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(s) 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(s).

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, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

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

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

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(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

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

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

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

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

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

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

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

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

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

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

25. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

 

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

39. Subject to the provision of Clause 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.

Koffee With Karan – Ishaan And Shahid

TERMS & CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited(“Star India”) for the promotion of the program “ Koffee With Karan Season 6” (“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every 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”) from 21st October, 2018 onwards, every week till the last episode of the Program.

The Contest invites interested persons to participate in the Contest by tweeting the hashtags “#KoffeeWithShahid”, “#KoffeeWithIshaan” (“ Hashtags”) and following all required mandates herein below (“Participant(s))” for the Contest Period ( as defined below).

The Contest shall commence on 13th January 2019, 8:00 pm onwards, and end at 11:59pm on 13th January 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. 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) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the celebrities (Shahid Kapoor and Ishaan Khattar) by sending a selfie along with your sibling and captioning the same(“ Participant(s))”.

ii. Participant(s) are required to share the captioned selfie along with your sibling, by tweeting it on the official Twitter Page using the Hashtags “#KoffeeWithIshaan” and “#KoffeeWithShahid”; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/ Entries”).

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

e) 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.

f) 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.

g) 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.

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

i) Each Entry shall be evaluated and judged inter alia, on the basis of its creativity and correctness. 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.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“ Shortlisted Participant(s)”). 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.

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 that such Shortlisted Participant(s) is the winner of the Contest for the Contest Period (“ Winner”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period.

6. Communication to the Winner(s) shall be done on or before January 20, 2019 and the Prize will be dispatched to the Winner on or before January 28, 2019. In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen and will win the autographed Koffee with Karan mugs (“Prize”) autographed by the celebrities. The Prize to be awarded 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 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.

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, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

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

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

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 Winner shall be made by the Star India and shall be final and binding on all Participant(s)/Winner and in no event shall the Participant (s)/Winner 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 Winners 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 agree not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the 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(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

22. Each Participant(s)/Winner 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.

"Class of 2019” contest

TERMS AND CONDITIONS

The following are the rules for the ”Class of 2019” contest (the “Contest”) hosted by Star India Private Limited (“STAR”) on the platforms and media owned/operated by STAR or its group companies (“Channels”) to be conducted through the Channels and/or the Star Sports Football Twitter profile at the URL https://twitter.com/StarFootball (the “Twitter Page”) through the handle @StarFootball (“ Network Handle”). Any personal information gathered pursuant to this Contest shall be subject to the privacy policy available at http://www.startv.com/PersonalDataPrivacyPolicy.htm (“Privacy Policy”) which is incorporated herein by reference. This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “ Terms and Conditions”) as stated hereunder. By participating in the Contest, it is construed that the participant (“ Participant”) has/have read and understood these Principle Rules including the General Rules stated below and has/have agreed to abide by the same:

(I) Principal Rules

1. The Contest will be conducted on the Channels and Network Handle from January 6th, 2019 till January 20th, 2019­­­­­­­­­­­­­, or such other date/time as may be decided by STAR in its sole discretion and announced by STAR on the Network Handle and/or on the Channels (“ Contest Period”).

2. As part of the Contest, the Participants shall show their support for the senior Indian men’s national football team in the form of tweets comprising photos and/or videos during the Contest Period (“Cheer”). An official announcement shall be made on the Network Handle and/or on the Channels inviting Twitter users to share their Cheer via tweets on Twitter during the Contest Period in the manner mentioned herein below. The said Participant must fulfill all the following requirements to be eligible for the Contest:

(a) All Participants must be valid users of Twitter, as applicable, and must be residing in India on the Contest Days.

(b) Each Participant is required to visit the Network Handle, as applicable and “follow” the Network Handle.

(c) The Participant should submit their entry in the form of a tweet posted through the Participant’s Twitter account in response to the post inviting the Participants to participate in the Contest on the Network Handle (“ Entry”). Each Entry shall mandatorily: (1) contain the pre-decided hashtag for the Contest, i.e. #Classof2019 (2) be submitted only during the Contest Period, (3) tag the Network Handle. Any Entry which does not contain all the elements mentioned in this paragraph shall be deemed null and void without requirement of any intimation by STAR.

3. The editorial team of STAR shall select 10 (ten) winners via randomizer for the Contest (“Winners”), from amongst all those Participants who have successfully submitted their Entry/Entries during the Contest Period as may be determined by STAR at its sole discretion. Winners shall be selected on the basis of the relevance and correctness of their Entry or other criteria as the editorial team of STAR shall deem fit. It is clarified that all Entries submitted by Participants shall be subjected to an internal screening/quality monitoring process as may be determined by STAR at its sole discretion and only such Entries that pass the internal screening/quality monitoring process shall be considered by STAR for the purposes of running the randomizer for each type of Winner. STAR’s decision in this regard and for all other matters relating to the Contest shall be final and binding upon the Participant(s). The names of the Winners shall be announced by STAR on its Network Handle and/or Channels on January 25 th, 2019 or any other date as determined by STAR at its sole discretion.

4. Each Winner shall be awarded one (1) unit of the present jersey of the senior Indian men’s national football team (“Prize”). The Prize must be claimed in response to messages or telephone calls made to the Winner. STAR shall not be liable for non-receipt of the Prize by a Winner, including due to errors or failures or deficiencies in dispatch services or in address details provided by the Winner. Any and all taxes and/or levies applicable under the laws of India and any incidental costs direct and/or indirect, in relation to Prize shall be borne by the respective Winner. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Winner is unable to claim the Prize from STAR. After dispatch of a Prize to a Winner, in case any loss/damage etc. is caused to or incurred by the Prize(s) during transit or otherwise, STAR will not be liable for any such loss/damage etc. Further, STAR and/or any of its group companies shall not be held liable for any failure and/or any other defect in or damage to the Prize, if any, whether caused during transit or otherwise. The Prize shall be dispatched to the Winner within 90 (ninety) days after the end of the Contest Period.

5. STAR reserves the right to forfeit a Prize in the event it is found by STAR and it has a reason to believe that any information provided by the Participant/Winner is wrong, fraudulent or any misrepresentation is made by the Participant/Winner. STAR shall have the right to declare any other Participant as the Winner of the Contest, at its discretion and transfer Prize to such other Participant, or even cancel the Contest altogether without any intimation to the Participants. Prize is provided on an as-is where-is basis without assurances or warranties of any kind. Neither STAR nor its group companies nor their employees provide any assurances or guarantees regarding Prize, including quality, merchantability or fitness for purpose. The Winner agree not to hold STAR and/or its group companies and/or their respective employees responsible for any delay in receiving Prize or any inability to enjoy Prize due to any failure by manufacturers of the Prize, or any of their agents, or otherwise for any other problem in relation to the Prize. It is clarified that STAR and/or any of its group companies shall not be responsible for the brand, quality, value etc. in relation to a Prize and supplier/manufacturer shall be solely responsible for the same. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications, or the Contest in general.

6. The Winner agrees that the Prize cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prize will be awarded to the Winner and the Winner cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prize cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record the act of collection of the Prize or incorporate it in the telecast of the Matches or otherwise mention it on the Channels/Network Handle. If the Winner refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards the Winner in connection to the Prize or otherwise.

7. All Entries must be received on or before 11:59 PM Indian Standard Time on the last day of the Contest Period. Entries received before or after the Contest Period will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR.

8. STAR and/or its group companies shall not be responsible in the event that Entries are not received or the Participant(s) is unable to participate or post/tweet his/her Entry on Twitter in the Contest due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.

9. The Participant(s) shall ensure that the Entry being submitted by them is decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, religious sect or section of the society, etc. The Participant(s) further represents and warrants that the Entry being submitted by him/her shall be original and shall not infringe upon and/or contain any material that will infringe upon any third party rights including rights in intellectual property. STAR reserves the right to remove or disqualify any Entries that do not meet these criteria.

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

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

12. STAR reserves the right to select and declare the Winner of the Contest and such decision shall be final and binding on the Participant(s) and the Winner. STAR shall select the winning Entries in accordance with applicable parameters, and the Winner shall be declared by STAR through the Network Handle and/or any other means announced by STAR.

13. The Winner will be required to submit necessary supporting documentation to establish identity and compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR to be eligible for any gratification. In the event any person fails to adhere to the instructions, then his/her selection shall be invalidated. In such a case, (a) STAR and/or its group companies shall not be liable in any manner whatsoever and (b) STAR may, at its sole discretion, by the prescribed selection criteria choose other Winner instead.

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

(II) GENERAL RULES:

1. The Participant(s) must be above the age of 18 years and must be residing within the territorial limits of India during the Contest Period. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest. Proof of age, if requested, of the Participant (s), Winner, in the Entry must be submitted to STAR (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by STAR to confirm the eligibility of the Participant(s).

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

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. It shall be the sole responsibility of the Participant(s) to check the rules and regulations of the Contest on http://www.startv.com/contesttnc.htm. Non-conformance by the Participant(s) to any the Terms and Conditions will make such Participant’s Entry/ies null and void.

4. The Participant/ Winner acknowledges that in case the conduct of the Contest and cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as war, industrial action, flood or any act of God, then STAR shall not have any liability in this connection.

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

 

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

7. The Participant(s) and/or the Winner shall not in any circumstances make any claims against STAR or its group companies, arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults (directly or indirectly), to the Participant(s) and/or the Winner participation or non-participation in the Contest or any related activity. If any Participant or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.

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

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

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

 

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

 

-x-x-x-

Autographed Koffee Mug contest

TERMS AND CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited(“Star India”) for the promotion of the program “ Koffee With Karan Season 6(“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every 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”) from 21st October, 2018 onwards, every week till the last episode of the Program.

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

The Contest shall commence on 06th January 2019, 8:00 pm onwards, and end at 11:59pm on 06th January 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. 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) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (KL Rahul and/or Hardik Pandya) by captioning the images using cricket terminologies, of each celebrity appearing in the episode of the Program. To qualify, the interested persons will be required to caption both, i.e., the two (2) images of the respective celebrity (“Participant(s))”.

ii. Participant(s) are required to review the images of the respective celebrity as provided by Star India, and caption in text the two images of the respective artist appearing in the episode of the Program, by tweeting it on the official Twitter Page using the Hashtag“#KoffeeWithKLRahul” and/or “#KoffeeWithHardik”, as applicable; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/ Entries”).

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

e) 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.

f) 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.

g) 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.

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

i) 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.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.

6. Communication to the Winner(s) shall be done on or before January 15, 2019 and the Prize will be dispatched to the Winner on or before January 25, 2019. In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

8. Star India shall courier the Prize to Winner(s) to the addresses (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(s) 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(s).

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, 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(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

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

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

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

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

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

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

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

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

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

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

25. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

 

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

39. Subject to the provision of Clause 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.

“#BeWhoeverYouWant” contest

TERMS AND CONDITIONS

The following are the rules for the “#BeWhoeverYouWant” contest (the “Contest”) hosted by Star India Private Limited (“STAR”) in collaboration with DFL Sports Enterprises GmbH (“DFL”) on the platforms and media owned/operated by STAR or its group companies (“Channels”) to be conducted through the Channels and/or the Star Sports Football Facebook page at the URL https://www.facebook.com/StarFootball (the “Network Handle”). The Contest is being conducted in order to promote the transmissions of the German Bundesliga (“ Bundesliga”) on STAR’s Channels. Any personal information gathered pursuant to this Contest shall be subject to the privacy policy available at http://www.startv.com/PersonalDataPrivacyPolicy.html (“ Privacy Policy”) which is incorporated herein by reference. This Contest shall be subject to the terms and conditions, comprising of the Principal Rules and the General Rules (the “ Terms and Conditions”) as stated hereunder. By participating in the Contest, it is construed that the participant(s) (“ Participant”) has/have read and understood these Principle Rules including the General Rules stated below and has/have agreed to abide by the same:

(I) Principal Rules

1. The Contest will be conducted from 7 January 2019 until 21 January, 2019 (both days inclusive) (“Contest Period) or such other date as may be decided by STAR at its sole discretion and announced by STAR on the Network Handle and/or on the Channels and/or such other pages or accounts owned/operated by STAR on various social media platforms, including but not limited to Facebook, Twitter, Instagram and YouTube.

2. The Contest is a game of knowledge and skill whereby the Participants would have to provide a question (“Question”) posted by STAR on the Network Handle prior to or on the Contest Day. An official announcement shall be made on the Network Handle and/or on the Channels inviting Facebook users to answer the Question posted by STAR on its Network Handle on the Contest Day. Facebook users can respond to the post containing the Question on Facebook during the Contest Period, containing their respective answers to Question announced on the Channels in the manner as prescribed below. Any person who wishes to participate in the Contest (“Participant”) shall fulfill all the following requirements:

(a) All Participants must be valid users of Twitter, as applicable, shall be at least eighteen (18) years of age and must be residing in India.

(b) Each Participant is required to visit the Network Handle and “like” and “follow” the Network Handle.

(c) The Participant should submit their entry containing their answers to the Questions in the form of a comment posted through the Participant’s Facebook account in response to the post containing the Question on the Network Handle (“Entry”). Each Entry: (1) should contain the pre-decided hash-tag for the Contest, i.e. #BeWhoeverYouWant; (2) should be submitted within the Contest Period and in any case must be before 11:59 PM Indian Standard Time on 21 January 2018; (3) should answer the relevant Question contextually. In response to the Question, Participants must name the Bundesliga player that they would like to swap their lives with and the reason for the same.

(d) Any Entry which does not contain the above elements mentioned in this clause 2 of the Principal Rules shall not be considered a valid Entry and shall be deemed null and void without requirement of any intimation by STAR.

3. The editorial team of DFL shall select 10 winners from amongst all those Participants who have submitted Entries containing, in the their opinion, the most contextually relevant answers to the Question (“Winners”). Winners shall be selected on the basis of the relevance of their Entries or any other criteria as the editorial team shall deem fit as per its sole discretion. DFL’s decision in this regard and for all other matters relating to the Contest shall be final and binding upon the Participant(s). Winners will be announced by STAR on the Channels and/or on the Network Handle.

4. Each Winner would be awarded a prize (“Prize”). The Prize shall be a piece of Bundesliga merchandise. The Prize must be claimed in response to messages or telephone calls made to the Winners subject to submission of requisite proof of identity, if requested by STAR. Any and all taxes and/or levies applicable under the laws of India and any incidental costs direct and/or indirect, in relation to Prize shall be borne by the respective Winners. Neither DFL nor STAR nor any of STAR’s group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Winner(s) is unable to claim the Prize from STAR.

5. DFL and STAR reserve the right to forfeit a Prize in the event it is found by DFL and/or STAR and they have a reason to believe that any information provided by the Participant/Winner(s) is wrong, fraudulent or any misrepresentation is made by the Participant/Winner. DFL shall have the right to declare any other Participant(s) as the Winner(s) of the Contest, at its discretion and transfer Prize(s) to such other Participants. All Prizes are provided on an as-is where-is basis without assurances or warranties of any kind. Neither DFL nor STAR nor STAR’s group companies nor their employees provide any assurances or guarantees regarding Prizes, including quality, merchantability or fitness for purpose. The Winner(s) agree not to hold DFL, STAR and/or STAR’s group companies and/or their respective employees responsible for any delay in receiving Prizes or any inability to enjoy Prize(s) due to any failure by organisers of the Prize, or any of their agents, or otherwise for any other problem in relation to a Prize. It is clarified that DFL, STAR and/or any of STAR’s group companies shall not be responsible for the brand, quality, value etc. in relation to a Prize and the supplier/ manufacturer shall be solely responsible for the same. DFL, STAR and/or any of STAR’s group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither DFL nor STAR nor STAR’s group companies shall be liable for any delays or failures in any notifications, or the Contest in general.

6. For the avoidance of doubt, since the editorial team of DFL shall determine the Winners, all grievances of Participants in relation to the declaration of the Winners shall be addressed solely to DFL. STAR shall not be liable in any manner whatsoever in relation to the selection of the Winners and will merely declare the Winners selected by the editorial team of DFL on the Network Handle and/or the Channels.

7. The Winner agrees that the Prize cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prize will be awarded to the Winner(s) and the Winner(s) cannot exchange the Prize for cash or a gift of similar value. The Contest or the Prize(s) cannot be combined with any other contest or activity. It is clarified that STAR has no obligation to record the act of collection of the Prize(s) or incorporate it in the telecast of the Matches or otherwise mention it on the Channels. If the Winner(s) refuses to accept the Prize awarded, STAR and/or its group companies shall be released from all obligations towards the Winner(s) in connection to the same or otherwise.

8. All Entries must be received before 11:59 PM Indian Standard Time on the last day of the Contest Period. Entries received after the aforementioned time will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR and/or DFL.

9. STAR and/or its group companies shall not be responsible in the event that Entries are not received or the Participant(s) is unable to submit his/her Entry on Twitter in the Contest due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the Participant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.

10. The Participant(s) shall ensure that the Entry being submitted by them is decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, community, caste, religious sect or section of the society, etc. The Participant(s) further represents and warrants that the Entry being submitted by him/her shall be original and shall not infringe upon and/or contain any material that will infringe upon any third party rights including rights in intellectual property. STAR reserves the right to remove or disqualify any Entries that do not meet these criteria.

11. STAR reserves the right to change the Entry system/mechanism and/or cease accepting Entries for the Contest before the stipulated deadline for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion and it need not notify the Participant(s) who have already submitted their Entry(ies) about the same.

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

13. STAR reserves the right to select and declare the Winners of the Contest and such decision shall be final and binding on the Participant(s) and Winner(s). STAR shall select the winning Entries in accordance with applicable parameters, and the Winners may be declared by STAR through the Network Handle and/or any other means announced by STAR.

14. The Winners shall be required to submit necessary supporting documentation to establish identity and compliance with these Terms and Conditions and any applicable laws within timelines specified by STAR to be eligible for any gratification. In the event any person fails to adhere to the instructions, then his/her selection shall be invalidated. In such a case, (a) STAR and/or its group companies shall not be liable in any manner whatsoever and (b) STAR may, at its sole discretion, by the prescribed selection criteria choose other Winners instead.

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

(II) GENERAL RULES:

1. The Participant(s)/Winner(s) must be above the age of 18 years and must be residing within the territorial limits of India.. The Participant(s)/Winner(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s)/Winner(s) from participating in the Contest. Proof of age, if requested, of the Participant(s), Winner(s), in the Entry must be submitted to STAR (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by STAR to confirm the eligibility of the Participant(s)/Winner(s).

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

3. STAR reserves all rights to make amendments to the existing Terms and Conditions or withdraw, vary, amend or terminate the Contest, without giving prior notice or reason. It shall be the sole responsibility of the Participant(s) to check the rules and regulations of the Contest on http://www.startv.com/contesttnc.htm. Non-conformance by the Participant(s) to any the Terms and Conditions will make such Participant’s Entry/ies null and void.

4. The Participant/Winner acknowledges that in case the conduct of the Contest cannot be fulfilled due to any reason, including reasons beyond the control of STAR such as war, industrial action, flood or any act of God, then STAR shall not have any liability in this connection.

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

 

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

7. The Participant(s) and/or the Winner(s) shall not in any circumstances make any claims against STAR or its group companies, arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults (directly or indirectly), to the Participant(s) and/or the Winner(s) participation or non-participation in the Contest or any related activity. If any Participant or Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified. STAR shall not be liable for any direct, indirect, consequential, special, exemplary or punitive damages or losses in connection with this Contest.

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

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

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

 

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

 

-x-x-x-

#StarMoviesSecretScreening

TERMS AND CONDITIONS

The following are the terms and conditions governing the“#StarMoviesSecretScreening” event (“Event”) hosted by Star India Private Limited (“Star India”). The Event shall be held at PVR Cinemas, Phoenix Mall, Lower Parel, Mumbai / PVR Cinema Forum Mall Koramangala, Bangalore / PVR Saket – Select City – Delhi (“Venue”).

The participants are hereby invited to attend the Event at the Venue subject to these terms and conditions (“Participant(s))”.

The Event shall be held at the Venue on 03rd Jan

Any information gathered pursuant to this Event shall be subject to Star India’s Privacy Policy which is available at http://www.startv.com/PersonalDataPrivacyPolicy.htm (“Privacy Policy”) and which is incorporated herein by reference.

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

I. Rules:

1. Star India reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Event at any time without giving any prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Event on the website of Star India i.e. www.Startv.com.

2. Star India may at its sole discretion extend or curtail the Event or may change the date or cancel the Event at any time without any prior notice of the same.

3. Participant(s) shall at all times ensure that they adhere to the applicable laws in force in the territory of India while attending the Event.

4. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any claims by the Participant(s) in relation to his/her participation during the Event, 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.

5. For the avoidance of doubt, by participating in the Event, the Participant(s) is representing that any information shared by the Participant(s) 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.

6. 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 Event is delayed or postponed or cancelled.

7. Star India reserve the right to deny any Participant(s) from participating in the Event 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 Event, 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 shall not at any time challenge and/or dispute such decision of Star India.

8. 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, damage or loss caused to the Participant(s) and/or any belongings of the Participant(s). Further, the Participant(s) shall be solely responsible for any belongings of the Participant(s).

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

10. Each Participant(s) consents to the use of any information supplied by the Participant(s) to Star India in relation to the Event, 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.

11. The Participant(s) shall fully indemnify, defend and hold harmless, Star India its affiliates, its licensors and their 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) participation during the Event.

12. The Participant(s) acknowledge that during the Event, Star India may record the Participant(s) participation by clicking photos or taking videos. In this regard, the Participant(s) hereby agree and consent to the use of any such photos or videos of the Participant(s) by Star India on any form of media, in relation to the Event.

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

14. The Participant(s) agrees and confirms that in the event that the Participant(s) does initiate a claim, proceeding, suit, action, against Star India, the sole and entire compensation to be awarded to the Participant(s) in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to INR 500/- (Rupees Five Hundred only).

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

16. Participant(s) acknowledges that Participant’s representations, warranties, indemnities, grant of rights in relation to any information provided by him/her, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

 

17. 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 Event shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s).

18. Subject to the provision of Clause 17 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 under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

"Autographed Koffee Mug" contest for Rhea,Sonam & Harsh

TERMS & CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Koffee With Karan Season 6” (“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21 st October, 2018 onwards every 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”) from 21 st October, 2018 onwards, every week till the last episode of the Program.

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

The Contest shall commence on 30th December 2018, 8:00 pm onwards, and end at 11:59pm on 30th December 2018 (“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. 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) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Sonam, Rhea and/or Harshvardhan) by answering 3 (three) trivia based questions, for each celebrity appearing in the episode of the Program. To qualify, the interested persons will also need to answer correctly, the 3 (three) objective questions asked for the respective celebrity (“Participant(s))”.

ii. Participant(s) are required to review the creative(s) as provided by Star India, guess the movie(s), correctly and accurately answer in text the 3 (three) trivia questions, for each artist appearing in the episode of the Program, based on the episode of the day to win the respective autographed mug, by tweeting it on the official Twitter Page using the Hashtag(s) “#KoffeeWithRhea”, “#KoffeeWithSonam”, “#KoffeeWithHarshvardhan”, as the case maybe, for the three questions pertaining to Rhea, Sonam and Harshvardhan; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/Entries”).

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

e) 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.

f) 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.

g) 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.

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

i) Each Entry shall be evaluated and judged inter alia, on the basis of its correctness. 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.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.

6. Communication to the Winner(s) shall be done on or before January 15, 2019 and the Prize will be dispatched to the Winner on or before January 25, 2019. In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

8. Star India shall courier the Prize to Winner(s) to the addresses (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(s) 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(s).

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, 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(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

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

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

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

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

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

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

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

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

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

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

25. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

39. Subject to the provision of Clause 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.

Autographed Koffee Mug Contest

TERMS AND CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited(“Star India”) for the promotion of the program “ Koffee With Karan Season 6(“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every 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”) from 21st October, 2018 onwards, every week till the last episode of the Program.

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

The Contest shall commence on 23rd December 2018, 8:00 pm onwards, and end at 11:59pm on 23rd December 2018 (“ 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. 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) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Rana Dagubatti, Prabhas and/or S. S. Rajamouli) by answering 1 (one) question, for each celebrity appearing in the episode of the Program. To qualify, the interested persons (“Participant(s)) will be required to tweet responses that adhere to the below conditions (“Entry/ Entries”):

  • For Prabhas : Participant(s) are required to tweet one (1) question similar to the questions asked in the Program, by tweeting the same on the official Twitter Page using the hashtag “#KoffeeWith Prabhas” and tagging the Twitter Handle as displayed on the Twitter Page.
  • For Rana Dagubatti : Participant(s) are required to tweet one (1) question similar to the questions asked in the Program, by tweeting it on the official Twitter Page using the hashtag “#KoffeeWith Rana” and tagging the Twitter Handle as displayed on the Twitter Page.
  • For S. S. Rajamouli : Participant(s) are required to suggest alternate cliffhanger endings for the movie ‘Baahubali’, by tweeting it on the official Twitter Page using the hashtag “#KoffeeWithRana” and tagging the Twitter Handle as displayed on the Twitter Page.

ii. Entries submitted without the respective and correct Hashtag(s) and tagging the Twitter Handle shall be considered null and void.

e) 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.

f) 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.

g) 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.

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

i) Each Entry shall be evaluated and judged inter alia, on the basis of its relevance. 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.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.

6. Communication to the Winner(s) shall be done on or before January 21st, 2019 and the Prize will be dispatched to the Winner on or before February 15th 2019. [DV(I1] [VY(I2] In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

8. Star India shall courier the Prize to Winner(s) to the addresses (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(s) 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(s).

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, 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(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

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

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

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

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

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

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

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

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

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

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

25. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

 

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

39. Subject to the provision of Clause 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.


[DV(I1] Please review and revise the dates here.

[VY(I2] Confirmed

Dance+ 4 Voting Rules

Voting Rules

These rules for voting (“Voting Rules”) uploaded on https://www.startv.com/legal-terms-policies/#d4vr (“Website”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Final Contestants (defined below) in respect of the program titled “DANCE+4” (“Program”) produced by Star India Private Limited (“STAR INDIA/Company”) aired on the channel STAR Plus (SD and HD) (“Channel”).

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

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

I. PRINCIPAL RULES

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

 

1. The Program is a dance based reality program wherein contestants between the age of 10 (ten) years and 26 (twenty-six) years (“Contestants”), across India and Nepal individually or along with a partner or as part of a group compete against each other by voluntarily participating and /or being part of various selection processes, auditions or levels of selection as per the format of the Program.

2. On the basis of their performance, caliber, dancing techniques, screen presence, interaction with audience and overall personality at every level /stage of the selection process of the Program, STAR INDIA and/or Remo Dsouza, Punit Pathak, Dharmesh Yelande and Shakti Mohan, who are the judges on the Program (“Judges”), shall award the scores and Remo Dsouza (“Super Judge”) at his sole discretion shall select and shortlist the final top 10 (ten) Contestants (“Final Contestants”). These Final Contestants, the exact number of which shall not exceed 10 (ten), shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”).

3. It is clarified that the Final Rounds of the Program shall tentatively commence from 8 pm December 22, 2018 onwards.

4. The Voting Mechanism (as detailed in clause 5) will commence and close for the episodes of the Final Rounds of the Program, as detailed herein below, in the Territory (“Period”). During the Period, the viewers who are citizens of and resident in India, viewing the Program in the Territory (“Viewers/Voters”) can vote for their favorite Final Contestant(s) and /or vote for such Final Contestant, if they like the performance of any particular Final Contestant and/or all Contestants.

5. The voting mechanism for the Period within the Territory is as provided below (“Voting Mechanism”):

Week No

Date of airing

Day of airing

No of performances of contestants

No of contestants at the end of episode

Voting and Detail

Voting start time

Voting end time

12

22nd Dec 2018

Saturday

6 individual performance

10

6 out of 10 contestants perform and ask for votes

8 pm on 22nd Dec

9 am on 24th Dec

23rd Dec 2018

Sunday

4 individual performance + 2 battle

4 out fot 10 contestants perform and ask for votes

8 pm on 22nd Dec

9 am on 24th Dec

13

29th Dec 2018

Saturday

6 individual performance

10

6 out of 10 contestants perform and ask for votes

8 pm on 29th Dec

9 am on 31st Dec

30th Dec 2018

Sunday

4 individual performance + 2 battle

4 out fot 10 contestants perform and ask for votes

8 pm on 29th Dec

9 am on 31st Dec

14

5th Jan 2019

Saturday

6 individual performance

10

6 out of 10 contestants perform and ask for votes

8 pm on 5th Jan

9 am on 7th Jan

6th Jan 2019

Sunday

4 individual performance + 2 battle

4 out fot 10 contestants perform and ask for votes

8 pm on 5th Jan

9 am on 7th Jan

15

12th Jan 2019

Saturday

6 individual performance

10

6 out of 10 contestants perform and ask for votes

8 pm on 12th Jan

9 am on 14th Jan

13th Jan 2019

Sunday

4 individual performance + 2 battle

4 out fot 10 contestants perform and ask for votes

8 pm on 12th Jan

9 am on 14th Jan

16

19th Jan 2019

Saturday

6 individual performance

10

(1st and 2nd Finalists announcement end of Sunday and Rishabh's exit due to injury)

6 out of 10 contestants perform and ask for votes

8 pm on 19th Jan

9 am on 21st Jan

20th Jan 2019

Sunday

4 individual performance + 2 battle

4 out of 10 contestants perform and ask for votes

8 pm on 19th Jan

9 am on 21st Jan

17

26th Jan 2019

Saturday

7 individual performance +
1 SHOW CASE PERFORMANCE OF TWO FINALISTS

4 (3rd & 4th Finalists annoucement on end of Saturday)

7 out of 10 contestants perform & ask for votes

NO VOTING

NO VOTING

27th Jan 2019

Sunday

4 finalists’ performance + no battle

4 finalists’ performance and ask for vote

8pm on 27th Jan

9am on 31st Jan

18

2nd Feb 2019

Saturday

4 finalists performance along with other performances

1 WINNER

Voting open from 27th Jan to 31st Jan

8 pm on 27th Jan

9am on 31st Jan

6. The Voting Mechanism for the Period within the Territory is as provided below:

(i) To vote, the Viewers shall through their landlines/mobile numbers dial the unique number of the Final Contestants (s) for who they want to cast their vote and give them a missed call (“Vote”). The unique number for each of the Final Contestant (s) shall be as follow:

Sr.No.

NAME

VOTING NUMBER

1

FEEL CREW

18005320401

2

B UNIQUE

18005320402

3

V UNBEATABLE

18005320403

4

CHETAN SALUNKHE

18005320404

5

SUJAN & AAACHAL

18005320405

6

RISHABH SHARMA

18005320406

7

GANG 13

18005320407

8

VARTIKA JHA

18005320408

9

S UNITY

18005320409

10

THE VETERANS

18005320410

(ii) The votes of the Viewers shall be deemed to be received when subsequent to the Viewer giving a missed call, he/she will hear recorded message acknowledging the vote.

(iii) It is clarified that during the Period, each Viewer can give only 1(one) Vote by way of a missed call for a particular Final Contestant from one landline/mobile number. However Viewer(s) shall be free to vote for multiple Final Contestants by way of missed calls simultaneously during the Period through a particular landline /mobile number. In the event that any Viewer casts his /her multiple Votes for the same Final Contestant through the same landline /mobile number, then only the first Vote casted through such missed call for that particular Final Contestant shall be taken into account and not the subsequent ones.

(iv) Votes sent after the Period will not be considered and shall be deemed null and void without requirement of any further intimation by STAR INDIA to the Viewer(s).

7. However, for avoidance of doubt it is clarified that the Judges and /or any celebrities appearing on the Program shall be free and entitled to judge the performance of the Final Contestant(s) in each episode of the Final Rounds of the Program, express their views and /or comments on the performances of the Final Contestant(s) or award them in any manner deemed fit by them and STAR INDIA at their discretion, without any objection from any person and the Viewer(s) shall not in any manner be entitled to dispute or challenge the same. The Super Judge of the Program shall be free and entitled to award scores to the Final Contestant(s) in each episode of the Final Rounds of the Program. The leading contestant of the week shall be decided basis the aggregate of voting and the scores awarded by the Super Judge and the announcement of the leading contestant shall be made at a later date at the sole discretion of STAR INDIA. The award (if any) given by the Judges and /or any celebrities appearing on the Program are at their discretion and shall be final and binding on the Final Contestants.

8. The nominations of individuals/teams for battle(s) would be the top scorers for the week. If the top scorers in descending order are greater than 4 (four), the decision of the Super Judge for all matters relating to the nomination for battle shall be final and binding on the on all Contestants and the Judges. The decision of Super Judge for all other matters shall be binding on all Contestants and Judges.

 

9. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, Final Rounds and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time. It is further clarified that in case of final scores ( i.e., Votes received as per the Voting Mechanism) being tied for two (2) or more Final Contestant(s), the decision of STAR INDIA and/or the Channel and/or the Judges and /or any of the celebrities appearing on the Program shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law.

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

11. The Viewers can cast their votes for only those Final Contestant (s) of the Program who have participated in that episode of Final Round of the Program. Any Votes sent by the Viewers for the Final Contestant(s) who has not participated in that particular episode due to elimination or is ineligible for Votes through the Voting Mechanism or is shortlisted as a finalist based on the last week’s Votes or for any other reason whatsoever shall not be considered and shall be null and void.

12. Voting is merely to enable the Viewers to choose their favorite Final Contestant (s) or to vote for the performance of a particular Final Contestant (s) that they have liked or appreciated. No winners will be declared and/or prizes distributed for the Viewers. Viewers are not entitled to make any claims in respect of this against the Channel, STAR INDIA and /or the Program.

13. The elimination of the Final Contestant (s) and/or selection of the top finalists and/or declaration of the Winner and/or the decisions made by STAR INDIA and/or the Channel shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, Channel and/or its employees in connection to the same.

14. In the event any of the Final Contestant(s) and/or the Judges and/or any celebrities, host(s) or performer(s), as the case may be, are unable to perform, attend or appear on the Program, for any reasons whatsoever, STAR INDIA has the right to at its discretion anytime replace or bring in new Final Contestant(s), celebrities, mentors, hosts or performers, as deemed fit and necessary by STAR INDIA.

15. The selection of the Final Contestants by the Judges and /or any celebrities appearing on the Program and /or STAR INDIA, exercise of veto power by the Judges and /or any celebrities appearing on the Program, declaration of Votes, and/or any decisions made by STAR INDIA and/or the Judges and /or any celebrities appearing on the Program, selection and declaration of the Winner shall be final and binding on all the Viewers and in no event shall the Viewers dispute the decision made by STAR INDIA, the Judges /or any celebrities appearing on the Program, Channel and/or its employees in connection to the same.

16. The Votes casted for the Final Contestants through the Voting Mechanism to the Final Contestants and the judging of the Final Contestants based on the same are binding on the Viewers and in no event shall the Viewers dispute the same.

17. In the event any of the Final Contestants who have qualified for the Final Rounds are unable to perform and /or appear in any of the Final Rounds, for any reason whatsoever, then STAR INDIA reserves the right to replace such Final Contestant with a subsequent Final Contestant, who was eliminated previously in the Final Rounds or any other contestant who was shortlisted and /or eliminated previously in the Program and such decision of STAR INDIA and/or Channel shall be final and binding on all including the Viewer(s) and Viewer(s) undertake to not dispute the same.

18. In the event, any of the 10 (ten) Final Contestant(s) that have qualified for the finals, is/are unable to perform and /or appear in the finale episode of the Program, for any reason whatsoever, then STAR INDIA reserves the right to replace such Final Contestant(s) with a Final Contestant who was eliminated previously and such decision of STAR INDIA and/or Channel shall be final and binding on all including the Viewer(s) and Viewer(s) undertake to not dispute the same.

 

II. General Rules

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

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

3. STAR INDIA reserves all rights to make amendments to the existing Voting Rules or withdraw, change, alter, amend the Voting Mechanism, process of selection of top 4 (four) Final Contestants, Voting Rules, Period and/or Program without giving prior notice. It shall be the sole responsibility of the Viewer(s) to review the Voting Rules and Privacy Policy, from time to time.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19. Subject to the provision of 18 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

the Voice Digital Audition

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.

 

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

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/#tvda (“Website/ Platform”). By proceeding further You and/or Your natural/legal guardian on Your behalf (in case of minors) are representing to the Company that Your participation in the Auditions is in compliance with all laws applicable to You and You are not in any manner prohibited from participating herein by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s) 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) voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to the name, age, email address, mobile phone number, parent’s name (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), Audio(s) (as defined below) and/or any information gathered by STAR under or pursuant to the Auditions and in relation to your participation in the same. Any information gathered through this Terms and Conditions shall be subject to Privacy Policy (as defined below) incorporated herein by reference. STAR will have access to and collect information and data shared by the Participants including their personal information for the purposes of the Auditions. By participation in the Auditions, the Participant(s) 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) hereby consent to the collection, storage, disclosure, processing, transfer of and sharing of the Personal Information (as defined below) by STAR, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating in the Auditions, it is deemed that the Participant(s) 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) have read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions, Terms of Use and Privacy Policy of the Auditions. If you do not agree to be bound or cannot comply with any of the Terms of Use, Terms and Conditions and the Privacy Policy, please do not continue. Your act of voluntarily participating in the Auditions shall be deemed to be your absolute agreement to the Terms and Conditions and the Privacy Policy (incorporated herein by reference) 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) 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) 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 21st December, 2018 and concluding on 24 th December, 2018 (both dates inclusive) for participation in the Digital Auditions.

On Ground Audition(s)” means Level 2 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 further Levels and for participating in the Program.

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

On-Ground Audition Period” in respect of auditions at Level 2 shall mean the period commencing and concluding on 27 th December, 2018.

Audition Centre” shall mean (i) any tentative locations in India in the city of Mumbai where the Participant(s) whose Audio(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 India in the city of Mumbai, where at the discretion of the Company, the Contestants shortlisted at Level 2 need to make themselves available for further levels/rounds of the Auditions/ Show/Program, respectively, as per the selection procedure.

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 between the age of 15 (fifteen) years and 70 (fifty) years as of 21st December, 2018 being a citizen and resident of the Territory as per the applicable laws and enters the Auditions/Program individually or along with a partner or as part of a group in accordance with the terms detailed below.

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

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

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

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

Program” means the televised singing based reality Show (defined below) which is tentatively titled “The Voice”.

Production House” means Seventaurus Entertainment Studio 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 Program.

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 the Website/Platform, which may be accessed by the interested Contestant(s) through any device including but not limited to limited to mobile phones.

2. If the Participant is 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. Procedure to Register:

i. Audio Upload Functionality

a. To register and to participate in the Digital Auditions, the interested Participant (s) shall click the link of the Website/Platform ( https://voice.hotstar.com/ ) directly and/or click the carousel banner appearing on Hotstar.

b. 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) shall click on the microphone to allow the same to be turned on in order to sing/record the Audio and may click on ‘Stop’ to finish recording the Audio.

c. For the said purpose the interested Participant(s) 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) shall be required to record minimum 1 (one) song and maximum 2 (two) songs of any song genre preferably Bollywood song/musical compositions, each audio comprising of a minimum duration of 10(ten) seconds and maximum duration of 1 (one) minute [hereinafter referred to as “Audio(s)”].

d. Each Audio shall be audible, having a good audio/sound quality.

e. 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) may playback or rerecord the Audio.

f. Upon being satisfied with the Audio, 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) shall be required to thereafter click on ‘Next’ in order to proceed with the sharing of the Personal Information.

ii. Sharing Personal Information

 

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

b. If the Participant is below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, then parental consent as required on the Website/Platform will also need to be submitted in the mode and manner as prescribed or requested on the Website/Platform from time to time during the Audition Period. Company may request details and documents of the parents /natural/legal guardians such as full names, proof of relation, contact details, email ID, etc. For avoidance of doubt, for the purposes of participating in the Digital Auditions during the Digital Period set out hereinabove, registering through a valid email ID vide the medium of the Platform is mandatory for all interested Participants.

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

d. Once the interested 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) has completed filling details of his Personal Information, he/she shall carefully read the Terms and Conditions and click the checkbox ‘I Accept Terms & Conditions’ in order to accept the Terms and Conditions. In the event the Participant is below the age of majority as per applicable law in the Territory of which the Participant is a citizen and resident of, in addition to the Terms and Conditions, the natural/legal guardian of the Participant shall also read the parental consent form and click the checkbox ‘The parental consent’ in order to agree to and submit consent of the parent.

e. Pursuant to the above, the interested 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) shall click on “Submit” in order to submit the entry and 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) may receive an acknowledgment message.

 

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

iv. The Participant(s) 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) by sharing the Audio(s) hereby represents, covenants and declares that (i) the Audio(s) is/are original and performed/enacted by the Participant(s) (ii) the Audio(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 Audio(s), such material and all rights therein and that no other person or party has right or interest in the Audio(s) as a co-owner, partner, mortgagee, charge holder or otherwise howsoever (iii) the Audio(s) shall not expose the Company to civil and/or criminal proceedings and /or claims of any nature whatsoever (iv) the Audio(s) is/are not subject to any lien, charge, or any other encumbrance whatsoever (v) the Participant(s) 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) has not/have not granted any rights in the Audio(s) to the prejudice of any rights granted to the Company hereunder (vi) the Audio(s) is/are not in contravention of any applicable laws (vii) all necessary licenses and permissions required for the utilization of the Audio(s) for the purpose of the Auditions have been secured by the Participant(s) 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) in accordance with the existing Terms and Conditions and applicable laws without any recourse to STAR. In the event the publishing of the Audio(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, STAR may, at their discretion edit/ remove/cut the contentious portion and re-publish such Audio(s) or reject the Audio(s) altogether and the Participant agrees not to object to the same. The Participant(s) 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) acknowledge that the Company shall in no manner be liable if the Audio(s) or any part thereof has been edited/removed/cut or any contentious portion has been edited/removed/cut and re-published. The Participant(s) and/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) must ensure that no false and/or misleading statements are made by him/her and that he/she does not refer to any commercial product and/or service inany of the Audio(s). 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) further agrees and confirms that the Company is entitled to reject the Entry (defined below) of the Participant in the event that the details submitted by the Participant at the time of registration are deficient, incorrect, untrue, or found wanting in any respect.

v. 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) agrees and undertakes that the Entry/Audio(s) submitted by him /her are in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.

vi. The Participant(s) 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) 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 Audio(s) that —

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

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

c. harm minors in any way;

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

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

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

g. impersonates another person;

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

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

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

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

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

A. LEVEL 1

i. Subject to the Participant(s) having made a valid Entry, all the Audio(s) fulfilling the criteria set out herein shall be viewed and evaluated by the Production House and/or STAR and/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). Neither the Participant(s) nor the natural/legal guardian (in case of minor Participants below the age of below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) shall be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.

ii. The Participant(s) shall be evaluated and shortlisted by the Panel on the overall basis of his/her performance, voice quality, grace, personality, 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 Audios and 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 of the Audios 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 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) vide an email and/or telephone or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and/or natural/legal guardian of the Participant (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) 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) 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) 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.

v. For avoidance of doubt it is clarified that it shall not be mandatory for the Company to publish Audio(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) and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) shortlisted at Level 1 shall be required to be present in the Audition Centre(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 experience, 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 and natural/legal guardian of the Participant(s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of). If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other deserving Participant at its own discretion.

iv. The Participant(s) and natural/legal guardian of the Participant(s) (below the age of majority as per the applicable laws in the Territory of which the Participant is a citizen and resident of) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1. 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. 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, voice quality, song selection, screen presence, ideas, entertainment factor, uniqueness, etc. and such other criteria as may be determined by the Company in its sole discretion. For avoidance of doubt it is clarified that the decision of the Company and/or the Panel shall be final in this regard and neither the Participants nor any one on their behalf (including his /her legal guardian) 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) 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 Mumbai to participate and perform in Level 3 blind Auditions located in Mumbai, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective shortlisted Contestant(s) in Level 3, who have gone through the similar selection process as the Contestant(s) 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 tentatively in the city of 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. 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 may press a button/buzzer to rotate their chairs to signify that the member(s) of the jury are interested in the Contestant who shall be the Show Player. If more than one member presses the button/buzzer, the Show Player chooses the member he/she wants to work with. The blind auditions end when each member has a specified number of Show Players to work with. Members will dedicate themselves to developing their singers mentally, musically and in some cases physically, giving them advice, and sharing the secrets of their success.

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 by the Company on actuals and upon submission of original bills etc. subject to the same falling within the fixed cost bracket as decided by the Company at its sole discretion and communicated to the Contestant(s) and 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 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 Mumbai, India as deemed fit in accordance with the Show requirement and all such decision shall be final and binding on the Contestants.

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, 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.

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 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.

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

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 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) of the age limits specified above [see definitions of “Contestant(s)/Participant(s)"] as of 21 st December, 2018 being a citizen of and residing in the Territory, as the case may be, during the Audition Period, as per the respective applicable laws of the Territory(ies).

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) incase a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participant(s).

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

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 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.

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/Platform from time to time. STAR also reserves the right to discontinue and/or cancel and/or postpone the Auditions/Program without any prior intimation to the Participant.

11. 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.).

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) is required to furnish necessary supporting documentation in original (i.e., school leaving certificate, college leaving certificate) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) and 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 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. 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.

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

15. The Channel/STAR 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 /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 nd /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 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 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 Audios submitted and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

27. 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 whatsoeverit may deem fit and necessary at its sole discretion (including but not limited to as a part of the Program/Auditions or any ancillary event related to the Program/Auditions).

28. The Participant shall make themselves available from time to time and co-operate with the Channel and/or STAR and participate in any activity and/or campaign and /or events (“ Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable/ additional consideration to the Participant. Further, the Participant 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 all media, all means of exploitations, distribution including, but not limited to, the press, internet, television. STAR reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or STAR or the Channel without notice to the Participant and natural/legal guardian of the Participant(s) (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, its affiliates, their respective 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.

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, the Channel, its affiliates, their respective employees, officers or any other person indemnified from and against any claims or demands, cause of action, judgments, liabilities, losses, costs and expenses that may arise out of a result of any violation of any third party rights/material in with respect to the Exploitation of the Entry including the Audio(s), by STAR 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 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 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, 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 which is confidential and/or proprietary in nature, and includes data, the format of the Program, the manner of selection/elimination etc., whether or not explicitly designated as "confidential", disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means) and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). Confidential Information whether disclosed orally or in writing, is the property of Production House/STAR, as the case may be, and is valuable, special and unique to the business of Production House/Star, as the case may be. Participant(s) and 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 age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of, 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 and this survival clause 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 incase of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by STAR and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) 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) 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.

 

Zero Contest

TERMS & CONDITIONS

The following terms and conditions (“Terms and Conditions”) govern the entire process for Contest ( as defined below) as detailed herein for participation in the “Zero 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 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 18th Dec, 2018 at 12:00 AM UAE and shall conclude on 25th Dec, 2018 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.

(I) Participation Mechanism:

1. A question related to the movie Zero 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 email “STAR the correct option A, B or C to marketingme@startv.com. (“ Entry”).

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 Zero. (“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

“Watch and Win” 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 Watch and Win” (‘Contest’) which will be hosted by Star India Pvt. Ltd. (“Star India”) for the purpose of promotion and viewer engagement of its channel ‘ Star Plus’ (“Channel”) and the program titled ‘Kasautii Zindagii Kay’ (“Program ”).

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, age, contact number, city of residence, residential address, pin code and/or other personal information. (“Personal Information ”). Any information gathered through this Terms & Conditions 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. By participation in the Contest, the Participants hereby consent to the collection, storage, disclosure, processing, transfer of and sharing 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 Contest, it is deemed that the Participant(s) have read, understood, accepted and agreed to unconditionally abide with all the Terms & Conditions and Privacy Policy of the Contest. If you do not agree to be bound or cannot comply with any of the Terms & Conditions the Privacy Policy, please do not continue. Your act of voluntarily participating in the Contest shall be deemed to be your absolute agreement to the Terms & Conditions and the 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 & Conditions, the Privacy Policy stated herein below and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.

I. 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, and/or other channels of Star India, newspaper advertisements, radio, outdoor and digital media or through any other medium of exploitation which shall be at the sole discretion of Star India from December 17, 2018 onwards.

2. The Participant(s) interested in participating in the Contest must be above the age of 18 (eighteen) years, citizen of India and residents of Maharashtra (except the city of Mumbai, Virar, Mira Road and Navi Mumbai). The Participant(s) should be well versed in English and/or Hindi languages - both written and spoken. Permanent and/or contract employees and directors of Star India, its parent, subsidiary and affiliated companies, advertising and promotion agencies and each of their immediate family members are not eligible to participate in the Contest.

3. The Contest shall be open for participation from December 17, 2018 at 8:00 pm up to January 8, 2019 8:00 pm (both days inclusive), with the exception of 31st December, 2018 (‘Contest Period) and any extensions/modifications as notified by Star India from time to time. All the interested Participants are required to watch the episode(s) of the Program aired on the Channel from Monday to Friday at 8:00 pm.

4. 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 & 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 & Conditions and abide by the same without any recourse to STAR for any reason whatsoever.

5. The Contest shall comprise of various multi choice questions relating to the Program of the Channel that will trigger on the Channel, during the Contest Period [“Question(s)”]. 1 (one) Question shall pertain to the Program and shall be refreshed on a daily basis (Monday to Friday) by Star India. The total number of Questions per week shall not exceed 5 (five) in number.

6. The Question(s) shall be triggered on the Channel during the original telecast of the Program and may appear in the break and/or in an aston.

7. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer any Question(s), by sending SMS (of the correct answer from options A and B) during the original telecast of the Program from Monday to Friday from 8:00 pm to 8:30 pm, in the following format to 56161:

 

7.1. SMS codes for each show shall be as given below:

KZK<SPACE>A OR B

7.2. It is clarified that each Question shall have only 1 (one) correct answer and to qualify to win the Prize, the Participant shall be required provide the correct answer to any Question(s) by sending an SMS containing the respective keywords of the specific show to which the Question(s) pertains to, in the manner specified above, followed by <space> followed by their options <A/B> (“Answer”). It is further clarified that Answer pertaining to a particular Question having incorrect keywords (of another show or otherwise) shall be considered invalid and shall not qualify for the Contest.

7.3. It is further clarified that:

7.3.1. The Participant is required to correctly answer minimum 1 (one) Question relating to the Program during the original telecast of the Program from Monday to Friday from 8:00 pm to 8:30 pm by sending SMS in the manner specified above. Answers received prior to and/or subsequent to the original telecast of the Program for the specific episode of the Program shall be considered invalid and shall not qualify for the Contest for specific episode. The Contest shall not be applicable to any repeats or to such episodes as deemed fit by Star India;

7.3.2. The Participant shall be free and entitled to answer more than 1(one) Question. The Participant is eligible to participate on a daily basis provided the parameters specified above are duly met;

7.3.3. If the Participant submits an Answer multiple times of a particular Question, then the Answer submitted for the first time shall only be considered for the purpose of the Contest and the remaining Entries will be rejected and deemed null and void.

7.4. If the Participant(s) provides an incorrect answer(s) to any of the Question(s), then the Entry for such Question(s) shall be considered incomplete and the Participant(s) shall not be eligible for the Prize. Answer(s)/ Entry(s) received by Star India after or before the Contest Period (which is during the original telecast of the program; Monday to Friday, 8 pm to 8.30 pm) shall be deemed null and void without requirement of any further intimation by Star.

7.5. For purposes of this Contest, “receipt” of Answer(s) occurs when the mobile/network operator records the Answer information upon the Participant(s) sending the SMS and the Participant(s) receiving a thank you message. Any other automated receipt confirmation does not constitute proof of actual receipt. Providing the correct Answer(s) for the Question(s) of the Contest during the original telecast of the Program by the Participant(s) through SMS and submitting complete and accurate information as requested on the link as shared in the message sent to the Participant prior to 8:00 pm of the subsequent day, shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, by submitting the Entry and/ or Answer(s) the Participant(s) is representing that the Entry(s) and /or Answer or contents thereof are not confidential or comprise any sensitive personal information. SMS sent by the Participant to an incorrect number or without the requisite characters or <space> or correct alphabets or numeric/s in the order specified or SMS sent after the original telecast of the Program and/or delay in submission of requested information on the link will be deemed invalid and entry of such Participant will be disqualified.

7.6. The Participant(s) who responds with a correct answer will receive a return message from VMSTRPLS with a link to be clicked on. On clicking this link as provided, the Participant(s) will be redirected to a site where the Participant(s) shall duly submit its name, age, residential address, city of residence, phone number and pin code to receive Prize by post/courier. The Prize will be sent to the address as submitted by the Participant(s) on the link as provided. Furthermore, submitting complete and accurate information as requested on the link as shared in the message sent to the Participant prior to 8:00 pm of the subsequent day, shall be considered as a complete and valid entry.

8. For the purposes of this Contest, Participant(s) who are subscribers of the mobile operators shall be able to participate in the Contest.

9. It is clarified that all costs incurred by the Participant(s) to participate in the Contest including but not limited to sending SMS shall be solely borne by the Participant(s) without any recourse to Star. The cost charged to the Participant(s) by the respective network provider(s) shall be INR 3 per SMS or as applicable by the respective network provider(s).

10. In case of telecom, network failure and/or any other reason, Star India reserves the right to change the mechanism or take such necessary steps as it may deem fit.

11. Winner Selection and Gratification:

11.1. During the Contest Period, every Participant(s) on the basis of having made a valid Entry and his/her sending correct Answer(s) to the Question(s) 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 select a maximum of 1000 (one thousand) winners for each episode of the Program during the Contest Period on a first cum first serve basis (“Winner”).

11.2. Such Winner will be eligible to receive a Café Coffee Day voucher or a bookmyshow Gift card or any other voucher/prize of approximate value of INR 400 (Rupees Four Hundred only) or any other value, as deemed fit by STAR INDIA (“Prize”). Winner(s) may receive the Prize no later than March 20, 2019.

11.3. In the event, due to any reason whatsoever, Star India is unable to select and shortlist the Winner in the manner and as per the parameters provided above [including but not limited to failure to select the Winner(s) during the Contest Period], then Star India shall be free and entitled to shortlist any other Winner(s), as it deems fit, and award the Prize, to such Winner(s) and such decision of STAR INDIA shall be final and binding.

11.4. It is further clarified that failure of any of the Winners to respond to Star’s above communications, will result in disqualification of such Winner. For the avoidance of doubt, such choice of Winners by Star India shall be final and binding. Star India shall not be responsible if the Winner(s) are not available at the address provided by them as part of sending the Entry/Answer and as a result of which the Winner(s) lose his/ her chance to be entitled to the Prize and such decision shall be final and binding.

11.5. If the Winner(s) refuses to accept the Prize awarded, STAR India shall forfeit the Prize and shall be released from all obligations towards the Winner(s) in connection to the Prize. After forfeiting the Prize, STAR India shall be entitled to select and declare another Winner(s) (on a random basis based on the criterion set out hereinabove), as it deems fit, and award the Prize, to such Winner(s) and such decision of STAR INDIA shall be final and binding.

11.5.1. In the event, any of the information/documents submitted in this regard are found to be false, Star India reserves the right to solely disqualify such person(s).

11.6. Once the Winner is selected by Star India, the Winners shall be announced on the Channel and/or on official “Star Plus” page on Facebook or on any other social media platforms of Star India or such other platform(s) as may be deemed fit by it.

11.7. The Participant(s)/Winner(s) agree that save and except the Prize stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). For avoidance of doubt it is clarified that Star’s decision in regard to the selection and shortlisting of the Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant(s) having made a valid Entry and who are subsequently shortlisted as Winner(s) based on the criterion mentioned hereinabove by Star India at its discretion and who thereafter timely provide the required information to Star India, shall be entitled to the Prize. Entry(s) sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

11.8. The Winner(s) shall not in any manner whatsoever be allowed to trade, sell, exchange (for money or otherwise), monetize and/or distribute for commercial gain, etc., the Prize received for his/her personal benefit. In the event it comes to the notice of Star India that any of the Winner(s) is indulging in such illegal activity, Star India shall forthwith rescind and invalidate the Prize awarded to such Winner(s), without further notice. Without prejudice to the above, Star India shall have the absolute right to notify the concerned appropriate authorities of such illegal activities being undertaken by the Winner(s) and/or take such action against the Winner(s) and/or any other person(s) associated with such activity, as it may deem appropriate, under the applicable laws.

12. The Prize is limited to the form and manner as stipulated hereinabove, is non-transferrable and non-exchangeable. Winner(s) agrees and undertakes that no cash equivalent or alternative prize will be given to the Winner(s) and the Winner(s) cannot exchange the Prize for a gift of similar value. Further, the Prize won is personal to the Winner(s) and the Winner(s) cannot transfer the Prize to any other person. The Winner(s) is required to comply with the terms and conditions in relation to the Prize and may avail the Prize in the validity period as stated under the Prize. Star shall neither be responsible nor liable in the event the Winners does not comply with the terms and conditions of the Prize and/or avail the Prize within the validity period as stated under the Prize.

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

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

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

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

17. Star India 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.

 

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

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

 

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

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

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

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

21. By participating in the Contest, it is construed that the Participant(s) has read and understood these Terms & 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.

 

22. All and any incidental costs direct and/or indirect, in relation to participating in the Contest, shall be borne by the Participant(s) and in no manner whatsoever shall the Channel/Star, be responsible for the same.

23. In case of telecom and/or network failure and/or for any reasons whatsoever including regulatory limitations, Star India reserves the right to change the Contest system/mechanism and/or cease from accepting/registering Entry(ies), or take such necessary steps as it may deem fit, at its sole discretion, to combat with the limitations.

24. Neither Star India nor the Channel shall be responsible in case of any network problems such as breakdown of machinery, unclear network or disruption in the network that prevents the Participant from successfully participating in the Contest. Any claims or dispute in connection to the same shall be settled between the Participant(s) and the telecom network provider of such Participant directly without any recourse to or involvement of Star India or the Channel.

25. The Participant(s) in this regard waives its right to make any claims against Star India, its affiliates, channels, employees or directors in respect of any costs, injuries, losses or damages of any kind, including, without limitation arising due to any technical faults, or directly or indirectly, incurred or suffered by the Participant(s) due to their participation or non-participation in the Contest.

26. The Participant(s)/ Winner(s) shall at all times comply with the applicable laws, rules and regulations of India including the Terms & Conditions of the Contest.

II. GENERAL RULES

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

2. The Participant(s) interested in participating in the Contest must be 18 (eighteen) years and above, citizen of India and residents of Maharashtra (except the city of Mumbai, Mira Road, Virar and Navi Mumbai) only. The Participant(s) should not have been previously convicted of any criminal offense or must not be a party to an arrangement or a contract that prevents them from participating in the Contest.

3. Proof of age, if requested, of the Participant(s) must be submitted to STAR India (i.e., school/college leaving Certificate/ school/college transfer certificate) as may be required by STAR India to confirm the eligibility of the Participant(s). Star India also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/ provided/ stated by the Participant(s)/ Winner(s) at any point of time during the Contest Period.

4. The Participant(s) have the rights to: (i) review the Participant(s) Personal Information 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 & 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 such Personal Information, Star India shall be entitled to disqualify the concerned entry and/or participation in the Contest, as deemed fit and necessary by Star India at its sole discretion.

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

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

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

8. Star India reserves the right to cancel and/ or postpone the Contest without assigning any reasons and/ or without giving any prior intimation to the Participant(s).

9. In case a Participant(s)/ Winner(s) is found to be in non-conformance of the Terms & Conditions, Terms of Use, User Generated Content or Privacy Policy, then Star India will disqualify the Entry/ Answer received from such Participant(s)/ Winner(s).

10. The Terms & Conditions shall be advertised sufficiently across the Website to ensure that no Participant is misled and understands the entire participation process prior to participating in the Contest.

11. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry/ Answer and/or for any reasons whatsoever, Star India reserves the right at its sole discretion to change the SMS mechanism for submitting the Entry/ Answer and /or cease from accepting Entry/ Answer of the Participant(s)/ Winner(s) in any manner it deems fit and necessary. In addition Star India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the SMS mechanism for submitting the Entry/ Answer including without limitation system failure in the mechanism of recording SMS due to any reason whatsoever including technical disruption/phone lines being open / a default / a delay in sending out the SMS alert to the Participant(s) upon sending the Entry/ Answer / close or default / failure/ any other difficulties of such nature due to which the Participant(s) is unable to participate or record his/her Entry/ Answer/ failure to logging on automatic acceptance of SMS stated in these Terms & Conditions and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of Star India.

12. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against Star India, Channel, their employees, directors or its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind that may be suffered, including, without limitation due to any technical faults in the network and/ or connections or directly or indirectly due to or relating to their participation or non-participation in the SMS mechanism. If the Participant(s) is found to be ineligible, or if they have not complied with these Terms & Conditions, the corresponding Entry(s) will be disqualified.

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

14. The Prize cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Prize will be recorded by Star India or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel.

15. Star India shall not be responsible to pay for any cost, expenses, taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, except as specified herein, and if applicable, Winners agrees that the same shall be solely borne by the Winner(s).

 

16. Star India shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

17. Star India reserves the right to forfeit the Prize in the event it is found by Star India or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. STAR India shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Prize to such person. Such decision of Star India shall be final and binding.

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

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

20. The Winner(s) shall be solely responsible to avail the Prize at the time of delivery. The Winner(s) agrees that he/she shall not hold Star and/or its employees, responsible for delays in delivery due to shortage of stocks from the suppliers of the Prize and/or loss and/or damage during transit or any problem in connection to the Prize.

21. The Winner(s) of the Contest agrees that upon a request being made by Star India, 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 consideration of any nature whatsoever payable to the Winner(s) for the same. Further, the Winner(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner(s) agrees that the footage of any nature with regard to the Winner(s) from such Promotional Activity and any recording thereof shall vest with Star India, including but not limited to all the intellectual property rights and any other rights for worldwide and in perpetuity and STAR India may exploit the same in any manner and in any media whatsoever at any time throughout the world.

22. The Participant(s)/Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring Star India into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(s)/Winner(s) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Program.

23. Star India shall not be responsible if the Winner(s) is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision of Star India shall be final and binding.

24. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner(s) have waived his/her right to raise any dispute with regard to the Contest, and /or the Prize in any manner whatsoever to the extent permissible under law.

25. For the sake of clarity, if the Winner(s) refuses to accept the Prize awarded upon physical delivery of the same, Star India shall be released from all obligations towards the Winner(s) in connection to the Prize won by the Winner(s). Further, after forfeiting the Prize, Star India shall be entitled to select and declare another Winner(s) (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize, to that Winner and such decision of Star India shall be final and binding.

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

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

28. Star India will not be responsible nor shall be held liable for defect in the Prize, if any and/or to supply any purchase receipt of the Prize or any other document in relation to the Prize. The Winner agrees that he/she shall not hold Star India and/or the Channel and/or their employees, responsible for delays or any problems in connection to the Prize.

29. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the sponsors, if any, Star, its channels, its affiliates, its group companies, their respective employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the SMS mechanism and/or the Prize and/or the Program and/or any material submitted forming part of the Entry/Answer and/or any Personal Information submitted by the Participant(s)/Winner(s) and to the extent permissible under law waives all rights to file in person through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

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

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

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

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

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

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

36. The Participant(s)/Winner(s) shall at all times comply with the laws of India.

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

38. Subject to the provision of clause 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.

39. The Participant(s) 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 the participation in this Contest. Star India reserves the right to reject the Entry and disqualify the participation at the sole discretion of Star India.

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

41. The Participant(s) hereby acknowledge that the participation in the Contest and /or contribution towards the Program is voluntary and out of Participant(s)’s free will and consent, without any monetary compensation whatsoever.

42. The Participant(s) hereby acknowledge that Participant(s) have fully read and understood these Terms & 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 & 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.

“Autographed Koffee Mug” contest

TERMS AND CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited(“Star India”) for the promotion of the program “ Koffee With Karan Season 6(“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every 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”) from 21st October, 2018 onwards, every week till the last episode of the Program.

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

The Contest shall commence on 16th December 2018, 8:00 pm onwards, and end at 11:59pm on 16th December 2018 (“ 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. 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) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Vicky and/or Ayushmann) by answering 3 (three) trivia based questions, for each celebrity appearing in the episode of the Program. To qualify, the interested persons will also need to answer correctly, the 3 (three) objective questions asked for the respective celebrity (“Participant(s))”.

ii. Participant(s) are required to review the creative(s) as provided by Star India, guess the movie(s), correctly and accurately answer in text the 3 (three) trivia questions, for each artist appearing in the episode of the Program, based on the episode of the day to win the respective autographed mug, by tweeting it on the official Twitter Page using the hashtag (A)“#KoffeeWithVicky” & “#KoffeeWithAyushmann” for the two questions pertaining to Vicky & Ayushmann; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/Entries”).

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

e) 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.

f) 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.

g) 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.

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

i) Each Entry shall be evaluated and judged inter alia, on the basis of its correctness. 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.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.

6. Communication to the Winner(s) shall be done on or before December 21, 2018 and the Prize will be dispatched to the Winner on or before January 15, 2019. In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

8. Star India shall courier the Prize to Winner(s) to the addresses (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(s) 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(s).

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, 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(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

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

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

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

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

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

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

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

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

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

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

25. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

 

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

39. Subject to the provision of Clause 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.

"Autographed Koffee Mug" Badshah contest

TERMS & CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Koffee With Karan Season 6(“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every 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”) from 21st October, 2018 onwards, every week till the last episode of the Program.

 

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

 

The Contest shall commence on 09th December 2018, 8:00 pm onwards, and end at 11:59 pm on the same day (“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. 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.

  1. Principle Rules-

 

  1. To participate in the Contest the Participant(s) shall follow the procedure as detailed below:

 

  1. 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.

 

  1. 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.

 

  1. 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).

 

  1. d) Contest Mechanism

 

  1. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Diljit and/or Badshah) by answering 3 (three) trivia based questions, for each celebrity appearing in the episode of the Program. To qualify, the interested persons will also need to answer correctly, the 3 (three) objective questions asked for the respective celebrity (“Participant(s))”.

 

  1. Participant(s) are required to review the creative(s), guess the song(s), correctly and accurately answer in text the 3 (three) trivia questions, for each artist appearing in the episode of the Program, based on the episode of the day to win the respective autographed mug, by tweeting it on the official Twitter Page using the hashtag (A) “#KoffeeWithDiljit” and/or “#KoffeeWithBadshah” as the case may be for the three questions pertaining to Diljit Dosanjh & Badshah; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/Entries”).

 

  • Entries submitted without the respective and correct Hashtag(s) and tagging the Twitter Handle shall be considered null and void.

                                        

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

  1. Each Entry shall be evaluated and judged inter alia, on the basis of its correctness. 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.

 

  1. At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.
  2. Communication to the Winner(s) shall be done on or before December 12th, 2018 and the Prize will be dispatched to the Winner on or before December 31st In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

 

  1. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

 

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

 

  1. 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(s) 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(s).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

 

  1. 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 e., www.Startv.com. The Contest is not sponsored, endorsed, administered or associated with Twitter in any way.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

  1. 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:

 

  1. receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party
  2. determines at its sole discretion that the Entry 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.

 

  1. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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.

 

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

 

  1. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

 

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

 

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

 

  1. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

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

 

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

 

  1. 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.

 

  1. Each Participant acknowledges and agrees that:

 

  1. 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.
  2. 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.
  3. The Data will be used in respect of the Contest on any platforms including channel(s) owned by Star India.
  4. The Data may be shared by Star India with any designated third parties, as deemed fit, in connection with the Contest.
  5. 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.
  6. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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

 

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

Ami Shirajer Begum SMS Contest

Terms & Condition

These terms and conditions (‘Terms’/’Terms and Conditions’ ) govern the SMS polling activity titled “ Ami Shirajer Begum SMS Contest” (‘Contest ’) organized and conducted by STAR India Private Limited (‘ STAR India’) on its Bengali television channel “STAR JALSHA” and “STAR JALSHA HD” (‘Channel’) for the purpose of promotion and viewer engagement of the program ‘ Ami Shirajer Begum’ (‘Program’) to be telecast on the Channel.

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

The Contest will be held on the Channel during the Contest Period and is open for participation by Viewers of the Channel in India only, must be above the age of eighteen (18) years, must be a citizen and resident of India during the Contest Period as mentioned under these Terms and conditions.

To participate in the Contest, the Participant (defined below) 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, etc. (“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, available on our Website at http://www.hotstar.com/privacy-policy (‘Privacy Policy’).

The Contest shall be governed by the Principal Rules and General Rules stated herein below which shall collectively form a part of the Terms and Conditions.

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

I. PRINCIPAL RULES

1. The Contest will be announced and promoted by STAR INDIA through promos and astons on the Channel and Channel’s official digital/social media platforms or through any other means at the sole discretion of STAR India, and such promotion will continue till Dec 23, 2018 and/or till any other date(s) at the sole discretion of STAR India.

2. The Contest shall commence on the Channel from 9:30 pm onDecember 10, 2018 and shall conclude at 12 a.m. onDecember 23, 2018 (both days inclusive) (“ Contest Period”) and any extensions/modifications as notified by Star India from time to time. The Contest shall comprise of 1 (one) multi choice question based on the Program, which will flash on the Channel on each day of the Contest Period, during or immediately after the Program (“Question”). Thus, the total number of Questions during the Contest Period shall not exceed 14 (fourteen) in number.

3. The answer to a particular Question shall be submitted by the Participant in the manner provided below, any time after the relevant Question is flashed on the Channel (tentatively around 10 p.m.) but before 12 a.m. of that particular day of the Contest Period (“ Answer Period”).

4. To participate in the Contest, the Viewer shall be required to have a mobile number registered with a valid mobile operator. A Viewer may participate a s many times during the Contest Period using the same registered mobile number. It is however clarified that only the first Entry (defined below) submitted against each Question by the Viewer shall be considered as the single and final entry against that particular Question during that Contest Period. Multiple Entries by the participant against the same Question during the Contest Period, shall be considered as null and void. This shall be final and binding upon the Viewers/Participants under these Terms and Conditions.

5. During the Contest Period, the Viewers will be asked to participate in the Contest and provide 1 (one) correct answer option from among the various options provided for each Question appearing on the Channel in the Contest Period. The Viewer(s) interested in participating and qualifying for the Contest (‘Participant(s)’) will have to type the option codes provided below (‘Contest Codes’) through their registered mobile number on each day of the Contest Period and submit the chosen answer option to 57827 (‘Contest’) at any-time during the Answer Period (collectively ‘Entry/ Entries’). It is hereby clarified that this Contest shall be open to only those Viewers who have a mobile phone/ device in order to participate in the Contest. It is further clarified that each Question shall have only 1 (one) correct answer and hence SMS should contain the respective keywords followed specified above followed by their options <A/B/C> for the Question.

The Participation Codes for each day of the Contest Period shall be as follows:

Question Numbers

Keywords

Date of Contest

Question 1

ASB1<space>A

10th Dec, 2018

ASB1<space>B

ASB1<space>C

Question 2

ASB2<space>A

11th Dec, 2018

ASB2<space>B

ASB2<space>C

Question 3

ASB3<space>A

12th Dec, 2018

ASB3<space>B

ASB3<space>C

Question 4

ASB4<space>A

13th Dec, 2018

ASB4<space>B

ASB4<space>C

Question 5

ASB5<space>A

14th Dec, 2018

ASB5<space>B

ASB5<space>C

Question 6

ASB6<space>A

15th Dec, 2018

ASB6<space>B

ASB6<space>C

Question 7

ASB7<space>A

16th Dec, 2018

ASB7<space>B

ASB7<space>C

Question 8

ASB8<space>A

17th Dec, 2018

ASB8<space>B

ASB8<space>C

Question 9

ASB9<space>A

18th Dec, 2018

ASB9<space>B

ASB9<space>C

Question 10

ASB10<space>A

19th Dec, 2018

ASB10<space>B

ASB10<space>C

Question 11

ASB11<space>A

20th Dec, 2018

ASB11<space>B

ASB11<space>C

Question 12

ASB12<space>A

21st Dec, 2018

ASB12<space>B

ASB12<space>C

Question 13

ASB13<space>A

22nd Dec, 2018

ASB13<space>B

ASB13<space>C

Question 14

ASB14<space>A

23rd Dec, 2018

ASB14<space>B

ASB14<space>C

6. If the Entry is successfully cast as per the instruction set out in Paragraph 5 above, then the Participant shall receive an acknowledgement Short Message System (‘SMS’) at the complete discretion of STAR India, thanking the Participant for participating in the Contest. The Participant agrees and acknowledges that such an acknowledgement message shall not be sent in case the Participant has used a landline number to participate in the Contest. The Participant who submits multiple answers to the same Question repeatedly during the Answer Period using the same mobile phone shall not receive the said automated response more than once.

7. The SMS containing the above-mentioned keyword(s) with the Entry Code(s) and in such manner as stated herein above must be sent by the Participant(s) to 57827 only during the Answer Period. Any SMS sent before or after the Answer Period and/or Contest Period shall not be considered by STAR India and shall be null and void. (Each an ‘Entry’).

8. Each SMS sent by the Participant for contest entry shall be chargeable at the current applicable rates given below. STAR India shall not be liable for any change in the applicable SMS charges and the Participants are advised to check and confirm the same with their respective telecom operators:

Operator

Costs

Airtel ROI

Rs. 3/ Sms

Airtel TN & Chennai

Rs. 5/ Sms

Vodafone

Rs. 3/ Sms

Idea

Rs. 3/ Sms

Tata

Rs. 3/ Sms

9. At the end of the Answer Period on each day of the Contest Period, on the basis of the Participant(s) having made a valid Entry and having sent the correct Answer to the Question(s), Star India shall shortlist 3 (three) winners for each Question flashed on 1 (one) particular day of the Contest Period (“Winner(s)”). It is clarified that in case of multiple Participant(s) with the same correct answer to a particular Question, a randomizer will be used to shortlist the Winners. Accordingly, the total number of Winners declared during the Contest Period shall not exceed 42 (forty two) in number.

10. Once the Winner is shortlisted, the Winners will be contacted by Star India on the registered number of the Winner(s) from which the Entry was sent for the Contest. Upon being contacted, the Winner(s) will be required to share their full name, email ID, residential address, alternative contact number(s), and such identification proof in the manner and form, as may be requested and/ or prescribed to the Winner(s) through email or any other method communicated by Star India and within such time frame as may be communicated by Star India. In the event the Participant’s registered number or lines on the route are busy and/or the Winner(s) are unavailable to answer the call, Star India shall make maximum 2 (two) attempts to connect to the Winner(s). In case any Winner(s) is unavailable on both the attempts, the selection of that Winner(s) shall be invalidated and Star India at its sole discretion may select another Winner(s) by following the process specified above. It is further clarified that failure of any of the Winners to respond to Star’s above communications within the time prescribed, will result in disqualification of such Winner. For the avoidance of doubt, such choice of Winner(s) by Star India shall be final and binding. Star India shall not be responsible if the Winner(s) are not available at their registered numbers provided by them as part of sending the Entry and as a result of which the Winner(s) lose his/ her chance to be entitled to the Prize and such decision shall be final and binding.

11. Once the Winner is selected and confirmed by Star India, the Winners shall be announced on the official social media handles of STAR (Facebook, Twitter, Instagram) approximately around 7:00 pm on the day immediately following the day on which the relevant Question appeared on the Channel or at such time deemed fit by STAR at its sole discretion. Once the Winners are announced, Star India reserves the right to announce the Winners on the Channel or such other platform(s) as may be deemed fit by it.

12. Each Winner’s sole gratification for winning the Contest shall be a gift hamper from Star India (and also comprising a gift of a popular brand) [in aggregate not exceeding a monetary value of INR 1500 (Rupees One Thousand Five Hundred only)] each including applicable taxes (“ Prize”). Upon selection of the Winner(s) in the manner stated above, the representative(s) of Star India shall contact the Winners for informing them of the date/time at which the Prize may be personally collected by them from the office of STAR India located in Kolkata. It is clarified that the Prize shall be handed over ONLY to the concerned Winner(s) upon (i) the Winner(s) furnishing the relevant identity proof requested by STAR India (ii) the Winner personally acknowledging/signing the acknowledgement letter that is given to him/her at the time of handing over the Prize. It is further clarified that STAR India shall have the right to forfeit the Prize and/or select another Winner(s) in the manner stated above to avail the Prize upon failure of the concerned Winner(s) to be present at the designated place/date/time to collect the Prize allotted to him/her and such decision of STAR shall be final and binding upon the concerned Winner(s). It is hereby agreed by the Winners that the Winner(s) shall be solely responsible to bear all costs in relation to collection of the Prize by the Winner(s) including travel/conveyance to the place/venue designated by STAR India, other costs relating to food, beverages, etc., if applicable. STAR India shall in no manner be liable to bear any such costs.

13. It is expressly clarified that the Winner(s) shall not be entitled to the Prize or any other gratification, if any of the above pre-requisites are not complied with by the respective Winner(s). It is further expressly clarified that the Prize shall not in any manner by handed over by Star India to any other person, family member or friend of the Winner(s), in the absence of the Winner(s) to personally collect the Prize. Participant(s)/Winner(s) agree that save and except the Prize stated hereinabove, the Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). For avoidance of doubt it is clarified that Star’s decision in regard to the selection and shortlisting of the Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Prize. Only the Participant(s) having made a valid Entry and submitted the correct answer to the Question who are subsequently shortlisted as Winner(s) based on the criterion mentioned hereinabove by Star India at its discretion and who thereafter timely provide the required information to Star India, shall be entitled to the Prize.

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

15. Neither Star/Channel nor its employees have given a guarantee regarding the quality of the Prize and /or and the Participant(s)/ Winner(s) agree not to hold Star India and/or the Channel and its employees, responsible with regards thereof. In respect of any portion of the Prize belonging to a particular brand, it is expressly clarified that Star India shall not in any manner whatsoever be responsible for the quality, authenticity, certification, weight, look, design, value, branding, packaging or for any other matter relating to the Prize and does not extend any warranty and/or guarantee regarding the same.

16. The final selection of the Winner(s) shall be made by Star India and shall be final and binding on the Participant(s)/Winner(s) and in no event shall the Participant(s)/Winner(s) dispute the decision made by Star India or its employees in connection to the Entry(s)/Answers 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.

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

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

19. Entries received by STAR India after the Contest Period or beyond the stipulated time, shall be null and void without requirement of any further intimation by STAR India. The Participants shall receive a SMS stating that the Contest Period has been closed for any all entries submitted after the Contest Period.

20. It is agreed that STAR India shall not be responsible in the event the Viewer/Participant fails to register his/her Entry and/or the SMS is not received due to any technical error of any nature whatsoever. For purposes of the Terms, “receipt” of an SMS occurs when the server records the SMS information upon the entrant clicking the “Send” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Viewer(s) agree and confirm that STAR India shall at no time be held responsible and/or liable for any non-receipt of an SMS due to a technical error and/or defect in the functioning of the server, and to the extent permissible in law, the Viewer(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against STAR India. For the avoidance of doubt, by submitting the Entry, the Participant is representing that the Entry or contents thereof are not confidential or do not comprise any sensitive personal information.

21. For avoidance of doubts it is hereby clarified that the fixation of tariffs and compliance with all applicable TRAI Regulations in this regard and otherwise is the sole responsibility and obligation of the concerned service provider without any recourse to STAR India. Accordingly, for any queries on rates the Participant shall be required to check with your respective service provider.

22. It is expressly stated herein that an unclear SMS and/or Entry, incomplete SMS and/or Entry, SMS containing wrong characters, faulty SMS, multiple Entries by the same Viewer for the same Question or Entry sent which is not in consonance with the process stated hereinabove etc. will not be considered and shall be considered as invalid Entries for the purpose of the Contest and such decision shall be final and binding.

23. The Viewer/Participant irrevocably agrees and acknowledges that the opportunity to participate in the Contest is the sole consideration/ to the Viewer/Participant; and save and except as stated otherwise within these Terms, the Viewer is not entitled to receive any gratification, prize, monetary or otherwise, for participating in the Contest and/or for registering a Entry.

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

II. General Rules

1. The Viewers interested in participating in the Contest must be above the age of eighteen (18) years, must be a citizen and resident of India during the applicable Contest Period. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from participating in the Contest. Proof of age, if requested, of the Participant (s) must be submitted to STAR India (i.e. Birth Certificate, 10 th class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by STAR India to confirm the eligibility of the Participant(s). The Participant (s) represents and undertakes to execute and produce such further documents as may be required by STAR India in relation to the Contest. STAR India also reserves the right to disqualify a Participant in case a discrepancy is found in the information furnished/provided/stated by the Participant at any point in time.

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

3. All the Entries and the results of the Contest will be stored in a backend system operated by STAR India and/or any person/agency appointed by STAR India.

4. The selection of Winner(s) for each Question by STAR India at the end of the Contest Period and on the basis of the Winner selection process specified in the Principal Terms shall be final and binding on all Viewer(s) and in no event shall the Viewer(s) dispute the decision made by STAR India in connection to the Entry/answers and /or any aspect related to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of STAR India shall be final and binding.

5. The Contest shall be managed /conducted on a fair and equitable basis and in accordance with applicable laws. For this specific purpose STAR India may, at its sole discretion, appoint independent audit firms /companies/auditors (as the case may be) to audit/conduct the entire Contest and keep updated records of the same during the Contest Period. Employees, consultants of and of entities engaged by STAR India for the Contest and their immediate family members are not permitted to participate in the Contest.

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

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

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

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

10. STAR India and/or the Channel shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the SMS or Internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/Viewers and the telecom/mobile operator directly, without involving either STAR India and/or the Channel.

 

11. In case of any telecom and /or network failure and /or technical failure in logging on to the official Website and/or for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Contest mechanism and /or cease from accepting Entries of the Viewers, in any manner it may deem fit and necessary. In addition STAR India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Contest system/ mechanism including without limitation system failure in the mechanism of recording SMS/phone lines being open /close or default /internet lines logging on automatic acceptance of Entries beyond the Contest Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of STAR India.

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

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

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

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

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

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

ii. determines at its sole discretion that the Entry(s)/Answer(s) are inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws in force; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or prevents investigation of any offence or is insulting any other nation.

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

18. The Participant(s)/ Winner(s) shall at all times comply with the applicable laws, rules and regulations of India including the Terms and Conditions of the Contest.

19. LIMITATIONS OF LIABILITY: BY ENTERING THE CONTEST, EACH VIEWER ACKNOWLEDGES AND AGREES THAT: (I) 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; AND (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED AND ASSOCIATED WITH ENTERING THE CONTEST (IF ANY), NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL STAR INDIA AND/OR STAR INDIA ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER DIRECT OR INDIRECT, ARISING IN ANY WAY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN ANY CASE STAR INDIA’S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL MONETARY VALUE OF RUPEES HUNDRED.

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

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

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

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

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

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

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

27. Subject to the provision of paragraph 26 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

Mounaraaga Campaign

TERMS & CONDITIONS

The following Principal and General rules are the rules and regulations (“Rules and Regulations”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate and be associated in extending their support to the campaign that Asianet Communications Private Limited (“ACPL”) has launched in association with CRY(“Child Rights and You”, an NGO working for child rights protection in India, having its registered office at 189/A, Anand Estate, Sane Guruji Marg, Mumbai 400011, and a branch office at Madhavi Mansion, 12/3-1, Bachammal Road, Cox Town, Bangalore 560 005), the objective of which is to support the cause of “Girl Child Education” in India , enhance the availability of education opportunities for them and m obilize donations towards the same (hereinafter referred as ‘Campaign’) which will be conducted on Facebook( hereinafter referred to as “Platform”) as a part of the promotion and marketing strategy for the launch of the new fiction program “Mounaraga” (“Program” ) to be telecast on Star Suvarna (“Channel”).

For the avoidance of doubt, the Privacy Policy available at https://www.startv.com/legal-terms-policies/ (“Website”) and https://www.facebook.com/legal/FB_Work_Privacy shall govern all usage of any Personal Information gathered under or pursuant to this Campaign by ACPL. The aforementioned Privacy Policy shall govern all usage of any personal information (if any), pictures and/or any other information as detailed in the Privacy Policy gathered by ACPL /Platform in relation to your participation in the same. Your act of participating in the Campaign shall be deemed to be your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of ACPL 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 Campaign. The Campaign shall be governed by the Rules and Regulations and all the Participants in the Campaign shall unconditionally accept and agree to comply with and abide by the same. By entering and participation in the Campaign the entrant (“Participants”) unconditionally accepts and agrees to comply with and abide by the Terms and Conditions herein. Participant(s)’ participation in the Campaign will be deemed acceptance to these Terms and Conditions. The decisions of ACPL for all matters relating to the Campaign shall be final and binding in all respects.

PRINCIPAL RULES

(I) Entrants’ Eligibility:

(a) The Campaign is open only to persons who are the citizens of India , of 18 years of age and above and who are parents of a girl child .

(b) The Participant must have a valid and existing Facebook account during the Campaign Period (as defined below).

(II) Campaign Procedure:

(a) The Campaign shall start on November 30, 2018 at 06.00 PM IST and end on December 14, 2018 at 11.59 PM IST which may be extended at the discretion of ACPL without any intimation to you (“Campaign Period ”) . You are bound to check the same from time to time .

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

  • log in to his/her personal Facebook profile/ page using his/her Facebook account/credentials
  • Upload a picture with his/her daughter on his / her facebook page (“Photo”) using the pre created Hash Tag, #LetHerLive and tagging @Starsuvarna (“Hashtag”)
  • For the purpose of participating in this Campaign, it is mandatory that the interested Participant (s) mandatorily have a valid Facebook account and must be Citizen of India during the Period of the Campaign.
  • It is further clarified that for the purpose of participating and supporting the Campaign it is mandatory to during the Period on his / her facebook page / profile on the Platform post and upload Photo and affixing the Hashtag on the Platform on the manner as more particularly stated therein .( hereinafter the Photo and Hashtag shall collectively referred to as the “Post”). For avoidance of doubt it is clarified that for participating and supporting the Campaign , it is mandatory each and every Photo should mention and be accompanied by the Hashtag as mentioned on the Platform.
  • Logging onto the Platform in the manner as stated hereinabove , mandatorily having a valid Facebook account during the Period, uploading the Photo with the Hashtag in the manner as prescribed herein on the Platform hisshall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Photo without the Hashtag or without pre-decided hashtag, which is not original , which is repetition or if the Participant does not have a valid facebook account then his/her Entry shall be considered incomplete. The Participant (s) agrees and acknowledges that by submitting the Entry and /or Post, the Participant(s) is representing that the Entry(s) and /or Post or contents thereof are not confidential or comprise any sensitive personal information. It is further clarified that the Participant(s) cannot make (a) blank post using just the Hash tag (b) offensive / abusive post (c)posting and re-posting the same Hashtag more than once (i.e., making the same Post many number of times which do not make any sense (irrelevant to the Campaign ). Any Entry comprising of such postsand /or Hashtags shall be considered null and void.

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

(d) The Participants shall ensure that the submitted Post including 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 ACPL and /or the Platform 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 Post. In addition, the Participant(s) further represents and warrants that he/she has obtained the requisite permissions on behalf of people in the photograph which forms part of the Post and agrees to indemnify and hold harmless ACPL from and against any suit/litigation/injury/damage/harm/loss suffered by ACPL in connection with the same.

(f) only Post(s) received before the close of the Contest Period shall be considered valid for the Campaign.

(g) One person is eligible for one post and If any participant posts more than one time from one Facebook account, the same will be considered as one Entry

(h) ACPL 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) NO GRATIFICATION:

The participation in the Campaign is voluntary and the Participants shall not be entitled to any monetary or any other personal gratification for participating in the Campaign. The Participant agrees and acknowledges that by participating the Campaign, he/ she will be extending their unconditional support to the Campaign and the initiatives being taken by ACPL towards the same .

GENERAL RULES

1. The Participant(s) interested in participating in the Campaign must be above the age of 18 years, must be citizen of India and have a valid Facebook Account . The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant (s) from participating in the Campaign.

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

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

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

5. 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 Campaign.

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

7. The Participants shall not have any right to challenge or question the ACPL’s decision with regard to Campaign and monetary donation in support of the campaign through CRY

8. ACPL 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 in any manner whatsoever or for any reason whatsoever in connection to the Campaign. The Participant(s) shall not in any circumstances make any claims against ACPL 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) participation or non-participation in the Campaign or any related activity. If the Participant(s) is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding entries will be disqualified.

9. The Participant(s) shall hold harmless and indemnify ACPL, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s) and or their family members in any manner whatsoever in connection with the Campaign 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.

10. The Participant(s) shall hold harmless and indemnify ACPL, 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 ACPL in connection with any act of the Participant(s)/ the Campaign and/or Post including the photograph.

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

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

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

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

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

16. 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 Campaign shall be referred to a sole arbitrator appointed by ACPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Bangalore and 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.

17. In case of any dispute or other matter arising in reference to the Campaign subject to the provision of Clause 16 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.

"Autographed Koffee Mug" Ajay & Kajol Devgn Contest

TERMS & CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Koffee With Karan Season 6” (“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21 st October, 2018 onwards every 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”) from 21 st October, 2018 onwards, every week till the last episode of the Program.

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

The Contest shall commence on 02nd December 2018, 8:00 pm onwards, and end at 11:59pm on 02nd December 2018 (“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. 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) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Janhvi Kapoor and/or Arjun Kapoor) by answering 2 (two) trivia based questions, for each celebrity appearing in the episode of the Program, based on the content of the episode. To qualify, the interested persons will also need to answer correctly, the 2 (two) objective questions asked for the respective celebrity (“Participant(s))”.

ii. Participant(s) are required to correctly and accurately answer the 2 (two) trivia questions, for each artist appearing in the episode of the Program, based on the episode of the day to win the respective autographed mug, by tweeting it on the official Twitter Page using the hashtag (A) “#KoffeeWithAjay” & “#KoffeeWithKajol” for the two questions pertaining to Ajay Devgn & Kajol Devgn; and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/Entries”).

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

e) 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.

f) 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.

g) 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.

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

i) Each Entry shall be evaluated and judged inter alia, on the basis of its correctness. 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.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period for each hashtag, one (1) Participant whose Entries are valid and accurate and all the aforesaid selection parameters have been successfully met, shall be randomly selected vide the randomizer and shall be eligible to win the Contest (“Shortlisted Participant(s)”). 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.

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 they are the winner(s) of the Contest for the Contest Period (“Winner(s)”). The total number of Winner(s) shall under no circumstances exceed one (1) each week of the Contest Period for each Hashtag.

6. Communication to the Winner(s) shall be done on or before November 10 th, 2018 and the Prize will be dispatched to the Winner on or before November 30th 2018. In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each 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.

8. Star India shall courier the Prize to Winner(s) to the addresses (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(s) 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(s).

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, 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(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

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

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

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

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

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by 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(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

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

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

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and 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(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

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

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

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

25. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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

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

32. The Participant(s)/ Winner(s) agrees and confirms that in the event that the Participant