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

“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 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 “#KoffeeWithKatrina” and/or “#KoffeeWithVarun” (“Hashtag(s)”) and following all required mandates herein below (“Participant(s))” for the Contest Period (as defined below).

The Contest shall commence on 11th November 2018, 8:00 pm onwards, and end at 11:59pm on 11th November 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 (Varun Dhawan and/or Katrina Kaif) 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) “#KoffeeWithVarun” for the two questions pertaining to Varun Dhawan and/or (B) “#KoffeeWithKatrina” for the two questions pertaining to Katrina Kaif; 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 25 th, 2018 and the Prize will be dispatched to the Winner on or before December 10th 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(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.

“#StarMoviesSecretScreening” Event

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, i.e. Phoenix Mall, Lower Parel, Mumbai / PVR Cinema Forum Mall Koramangala, Bangalore and / PVR – Gurgaon (“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 13th November 2018

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 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 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 “#KoffeeWithAamir” (“Hashtag(s)”) and following all required mandates herein below (“Participant(s))” for the Contest Period ( as defined below).

The Contest shall commence on 04th November 2018, 8:00 pm onwards, and end at 11:59pm on 04th November 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 (Ranveer Singh and/or Akshay Kumar) 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) “#KoffeeWithAamir” for the two questions pertaining to Aamir Khan; 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(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.

Swamini Mastani Paithani 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 ‘Swamini Mastani Paithani Contest” (‘Contest’) which will be sponsored by M/s. Swamini Mastani (“Swamini Mastani”) and conducted by Star India Pvt. Ltd. (“Star India”) on its Channel (defined below) for the purpose of promotion and viewer engagement of the program titled “Din Din Diwali” (“Program”) to be aired on the channel ‘ STAR Pravah’ (“Channel”).

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. 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, unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defense in any proceeding with regard to the Contest.

To participate in the Contest, the Participant may be required to disclose his/ her personal information to Star India from time to time such as name, contact number, email ID, residential address, 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 Personal Data Privacy Policy of Star India available at https://www.startv.com/legal-terms-policies/#pdp (‘Website’).

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

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, Star India’s social media platforms, 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 1st November, 2018 onwards.

2. The Contest shall be open for participation from 1.00 p.m. on 4 th November, 2018 up to 12.00 a.m. on 5th November, 2018 (both days inclusive) (“Contest Period”) and any extensions/modifications as notified by Star India from time to time.

3. 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 also reserves the right 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 Contest (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 Participants make any claims /disputes in respect of the same. You further understand and undertake the sole responsibility to visit this section of the Website from time to time in order to be informed of the latest version of the Terms and Conditions.

4. The Contest shall comprise of 1 (one) factual multi choice question, which will appear in Marathi language on the Channel multiple times during the Contest Period and particularly during the telecast of the Program (“Question”).

5. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer the Question, by sending SMS during the Contest Period in the following format: “Pravah<Space>A/B/C” to 57827 (“Answer”). It is clarified that the Question shall have only 1 (one) correct Answer and hence SMS should contain the respective keywords followed “Pravah” by <space> followed by their options <A/B/C> for the Question. If the Participant(s) provides an incorrect Answer(s) then his/her Entry (as defined below) shall be considered incomplete and the Participant(s) shall not be eligible for the Prize. Answer(s)/ Entry(s) received by Star India after the Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by Star. 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 for the Question of the Contest during the Contest Period by the Participant(s) through SMS shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, by submitting the Entry and/ or Answer(s) the Participant(s) is representing that the Entry(s) and /or Answer or contents thereof are not confidential or comprise any sensitive personal information. It is clarified that each Participant(s) shall be entitled to submit/ provide Answer only once through SMS from a particular mobile number for the Question during the Contest Period. In the event a Participant submits/provides an Answer to the Question multiple times from a particular mobile number, then only the first Answer shall be taken into consideration and the remaining Entry(s) shall be rejected and declared null and void. SMS sent by the Participant to an incorrect number or without the requisite characters or <space> or correct alphabets or numeric/s in the order specified or SMS sent after the Contest Period will be deemed invalid and entry of such Participant will be disqualified.

6. For the purposes of this Contest, Participant(s) who are subscribers of (i) Vodafone or (ii) Idea (iii) Tata or (iv) Airtel shall be able to participate in the Contest.

7. 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 as follows:

Network Operator(s)

Costs(Rs)

Vodafone

Rs. 3/ Sms

Idea

Rs. 3/ Sms

Tata

Rs. 3/ Sms

Airtel

Rs. 3/ Sms


8. 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.

9. At the end of the Contest Period, on the basis of the Participant(s) having made a valid Entry and sending correct Answer to the Question, Star India shall shortlist 5 (five) winners (hereinafter collectively referred to as “Winner(s)”) in the manner specified under this Clause 9. It is clarified that in case of multiple Participant(s) with the same correct Answer, a randomizer will be used to shortlist the Winners. The total number of Winners shortlisted during the Contest Period shall not exceed 5 (five) in number. The Winners will be contacted by Star India by way of calling on the registered number of the Winner(s) from which the Entry was sent for the Contest tentatively between 6th November, 2018 and 15th November, 2018. Upon being contacted by a representative of Star India, the Winners will share their full name, email ID, the name of their city/town where they reside, contact number(s), and such other identification proof in the manner and form, as may be requested and/ or prescribed to the Winner(s) (“Personal Information”) within 48 (forty-eight) hours through email or any other method 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 (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 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, 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 their registered numbers 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.

10. Once the Winners are selected by Star India, the Winners shall be announced at any time between 1st December, 2018 and 15 th December, 2018 on the Channel during telecast of the Program. Once the Winners are announced on the Channel, Star India reserves the right to announce the Winners on social media platforms of Star India or such other platform(s) as may be deemed fit by it.

11. Each Winner’s sole gratification shall be a ‘Paithani Saree’ exclusively sponsored by Swamini Mastani [not exceeding a monetary value of INR 9,000 (Rupees Nine Thousand only) each] (“Prize”) [inclusive of all charges and applicable taxes]. Upon selection of the Winner(s) as stated under Clause 9 above, the representatives of Swamini Mastani shall be solely responsible to contact the Winners for obtaining confirmation of their residential/delivery address to deliver the Prize. The Prize will be delivered to the Winner(s) by such representatives at the residential or other address of the respective Winner(s) in person, anytime between 25 th January, 2018 and 31st January, 2018 or such time as may be communicated to the concerned Winner(s). The same shall be handed ONLY to the concerned Winner(s) upon (i) the Winner(s) personally acknowledging/signing the acknowledgement letter that is given to him/her at the time of delivery and (ii) the Winner(s) providing a self-attested copy of a valid identity/age proof at the time of receiving the Prize. 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. It is further expressly clarified that the Prize shall not in any manner by handed over to any other person, family member or friend of the Winner, in the absence of the Winner to receive delivery of 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 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.

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.

13. The Participant(s)/Winner(s) agree and acknowledge that the gratification/ Prize to be awarded to the Winners under the Contest shall be the absolute responsibility of Swamini Mastani and such Prize shall be sponsored by Swamini Mastani. Further, the delivery of the Prize to the delivery address communicated by the concerned Participant(s)/Winner(s) shall be undertaken solely by Swamini Mastani and/or its representatives without any recourse to Star India. It is clarified that Star India shall not in any manner whatsoever be responsible for (i) 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 (ii) for delivering or undertaking any part of the delivery obligations of the Prize to the Winner(s) including cost of delivery (iii) non-delivery or delayed delivery of the Prize to the concerned Winner(s) (iv) loss of Prize or part thereof and/or damage to the Prize before or after delivery of the Prize to the Winner(s). The Participant(s)/Winner(s) shall not in any circumstances make any claims against any Star India and/or its affiliates in for any costs, injuries, losses or damages that the Participant(s)/Winner(s) may suffer in respect of the aforesaid.

14. 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.

15. The Participant(s)/Winner(s) agree and acknowledge that for the purpose of fulfilling its obligations Star India and/or Swamini Mastani shall gain access to Personal Information of the Participant(s)/Winner(s) as provided herein including contact number, email ID, government issued identity proofs, etc. In this regard, Star India shall and shall ensure that Swamini Mastani shall (i) maintain strict confidentiality of the Personal Information collected and (ii) use, disclose, process, retain or transfer the Personal Information only to perform its obligations under the provisions of this Terms and Conditions and at all times in accordance with the applicable data protection laws.

16. 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 and Conditions, the corresponding Entry(s) will stand disqualified and such decision shall be final and binding.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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)/Answer(s)” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if Star:

21.1. 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;

21.2. 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).

22. In consideration of the participation in the Contest, Participant/Winner(s) hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the 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.

23. 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.

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

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

26. 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.

27. 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.

28. 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.

29. 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.

II. GENERAL RULES

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

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

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

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

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

6. Each Participant(s)/Winner(s) 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 and Conditions.

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

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

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

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

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

12. The Winner(s) must submit with Star India and/or the Channel a copy of the last two bills issued by the network operator as a proof that the mobile number is registered in the name of the Winner(s) and such other documents that could be furnished as proof that the mobile number is registered in the Winner(s) name.

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

14. The Prize cannot be transferred, negotiated, refunded or exchanged for money by the Participant(s)/ Winner(s). For the sake of clarity, there shall be no other gratification. It is clarified that it is not necessary that the act of collection of the Prize will be recorded by Star India or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel.

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

16. Star India shall not be responsible for any Entry(s)/Answer(s) submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.

17. Star India reserves the right to forfeit the Prize in the event it is found by Star India or it has a reason to believe that any information provided by the Winner(s) including Personal Information is wrong, incorrect, fraudulent or misleading. STAR India shall have the right to declare another Participant(s) (on a random basis on the criterion mentioned herein) as the Winner(s) of the Contest, at its sole discretion and transfer the Prize to such person. Such decision of Star India shall be final and binding.

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

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

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

21. The Winner(s) 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 main sponsor, if any, Star, or any of its channels, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/losses/ death/ mental or emotional trauma suffered by the Participant(s)/Winner(s), in any manner whatsoever in connection with the Contest, the SMS mechanism and/or the Prize won and/or the Program and/or any material submitted forming part of the Entry/Answer and/or any Personal Information submitted by the Participant(s)/Winner(s) and to the extent permissible under law waives all rights to file in person through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.

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

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

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

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

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

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

36. The Participant(s)/Winner(s) shall at all times comply with the laws of India.

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

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

Thugs Of Hindostan 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 “Thugs of Hindostan 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 3rd Nov, 2018 at 12:00 AM UAE and shall conclude on 10th Nov, 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 movie Thugs of Hindostan with three answer options – two incorrect and one correct shall appear on the Facebook Page. The question with the three answer options shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and pick the correct answer to the question during Contest Period. To send in their entries, Participant(s) will SMS “STAR the correct option A, B or C to 7879 (“Entry”).

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

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

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

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

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

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

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

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

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

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

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

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

(III) Selection Process and Gratification:

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

 

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

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

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

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

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

7. The Winner shall be required to be present in such location as required by the Company to receive four movie tickets for the movie Thugs of Hindostan. (“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

“#SanjuWithDad” Activity

TERMS AND CONDITIONS

Please read the following Terms and Conditions very carefully before sharing your story(ies) for “#SanjuWithDad” activity (“Activity”) conducted by Star India Private Limited (‘Star India/Us/ We’) for its Hindi movie channel, Star Gold. 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 on the official Twitter, Facebook and Instagram profiles of the Channel ‘Star Gold’ [hereinafter referred to as “Social Media Platform(s)] as a part of the promotional Activity. You (‘Participant(s)’/‘You’/‘Your’) may voluntarily participate in the Activity and submit the Content (as defined later) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and are eligible as per the Principal Rules for Participation and General Rules for Participation listed herein below. You hereby agree and understand that Star India will have access to and collect information and data shared by You including your Personal Information ( as defined below) submitted by You during and after the course of your participation in the Activity. By Your participation in the Activity, You consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”). By participating in this Activity and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content. Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects.

1. Principal Rules for Participation:

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

i. The Participant should be an Indian citizen and residing in the territory of India only;

ii. The Participant should have completed 18 (eighteen) years of age or above to be eligible to participate in this Activity;

iii. The Participant(s) must have 1 (one) valid, registered and existing Twitter, Facebook & Instagram account in his own name during the Activity Period;

iv. The Participants must follow the Social Media Platforms i.e the official Star Gold Twitter, Star Gold Facebook & Star Gold Instagram Handle(s) and accounts;

v. The Participant should be well versed in English and/or Hindi languages - both written and spoken;

vi. 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;

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

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

In the event the Participant 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 Your Content at any point of time in the event the above criteria or any part thereof is not satisfactory or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.1A Activity Mechanism: Star India will be uploading a post on Social Media Platform(s) invites all the interested Participants to submit from the Participants’ registered accounts of Social Media Platform(s) a photo of the Participant with his/her father (‘Content’) using a pre-created hashtag “#SanjuWithDad” (‘Hashtag’) and by tagging the following official handles of Star Gold in the respective Social Media Platform(s):

i. Star Gold Instagram Handle: @Stargoldofficial;

ii. Star Gold Twitter Handle: @StarGoldIndia and

iii. Star Gold Facebook Handle: @ StarGoldIndia)

1.2. The Activity is scheduled to start on 27th October 2018, at 1 PM and end on 28th October 2018 at 2 PM (“Activity Period”). The Participants must thereafter post the Content during the Activity Period in the following manner:

i. On their personal registered Twitter handle by way of affixing the Hashtag in the manner as more particularly stated hereinabove (hereinafter the Content and the Hashtag shall collectively be referred to as the “Post”) and by tagging the official handle of Star Gold in the social media platforms (Star Gold Twitter Handle: @StarGoldIndia); or

ii. By way of commenting on the Image posted on Star Gold’s Social Media Platform (Star Gold Twitter Handle: @StarGoldIndia) along with the Hashtag.

iii. On their personal registered Facebook handle by way of affixing the Hashtag in the manner as more particularly stated hereinabove (hereinafter the Content and the Hashtag shall collectively be referred to as the “Post”) and by tagging the official handle of Star Gold in the social media platforms (Star Gold facebook Handle: @StarGoldIndia); or

iv. By way of commenting on the Image posted on Star Gold’s Social Media Platform (Star Gold Facbook Handle: @StarGoldIndia) along with the Hashtag.

v. On their personal registered Instagram handle by way of affixing the Hashtag in the manner as more particularly stated hereinabove (hereinafter the Content and the Hashtag shall collectively be referred to as the “Post”) and by tagging the official handle of Star Gold in the social media platforms (Star Gold Instagram Handle: @stargoldofficial).

The first 500 (Five Hundred) Participants will get the digital sketch of the Content via the same registered accounts of Social Media Platform(s) through which the Participants had submitted the Content. For avoidance of doubt it is clarified that for the purpose of participating in the Activity, it is mandatory the Content shall be followed by the Hashtag (as stated above). Participants may upload as many Posts as they desire but only Post(s) received before the close of the Activity Period shall be considered valid for the Activity. Participant agrees to not spam and tweet the same Post multiple times. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Activity.

For purposes of the Activity, “receipt” of Post occurs only when the website server records the Post information upon the entrant clicking “Submit/Post” button. For sake of clarity, automated receipt confirmation, if any, and/or any response to the Post shall not constitute proof of actual receipt. The Participants’ adherence to the eligibility criteria provided hereinabove, tweeting or tagging the Hashtag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag, and which is not original or which is repetition or if the Participant does satisfy the eligibility criteria provided hereinabove, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. The Participant(s) 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. It is further clarified that the Participant(s) cannot make (a) blank tweet/ post using just the Hashtag (b) offensive/ abusive tweet/ post (c) tweeting and re-tweeting/ re-posting the same Hashtag more than once (i.e., making the same tweet/ post many number of times (d) tweets/ posts which do not make any sense (irrelevant to the Activity). Any Entry comprising of such tweets/ posts and /or Hashtags shall be considered null and void.

At the end of the Activity Period on the basis of the Participant(s) having made a valid Entry, Star India will do the following:

i. On Twitter: Select 1(one) photo per person basis its discretion and edit it to make a personalized portrait with branding of Star Gold channel.

ii. On Facebook: Select 1(one) photo per person basis its discretion and edit it to make a personalized portrait with branding of Star Gold channel.

iii. On Instagram: Select 1(one) photo per person basis its discretion and edit it to make a personalized portrait with branding of Star Gold.

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

i. Is relevant to the Activity. Any Content submitted in any manner or as per the format / specifications other than that as prescribed herein will be disqualified and/or rejected.

ii. is from their own/personal registered Twitter, Facebook or Instagram account and the account does not belong to any other third party.

iii. Is uploaded in English/ Hindi language.

iv. is original and authored by the Participant (s) alone in his/her individual capacity and does not infringe the intellectual property of any third party(ies) / individual;

v. is unique, has not been already pitched/ shared/ presented the Content in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies;

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, 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; or

vii. is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8. herein below.

viii. submission of low resolution images may lead to disqualification of the entry. The users are requested to share high resolution images.

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

1.3. The Participant hereby acknowledges and agrees that Star India has the right to develop, exploit and/or utilize the Content 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 Content submitted and its future development ( if at all), by Star India, its licensors’ and its affiliates.

1.4. The Participant understands that Star India may at its sole discretion, develop and exploit the Content to create a film inspired by the Content (“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.

1.5. In consideration of being giving an opportunity to participate in the Activity, the Participant hereby assigns all rights, title and interest in and to the Content 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 Content, creatively in any manner as deemed fit by Star India.

1.6. 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 shall not at any time challenge and/or dispute such decision of Star India.

2. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

2.1. 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;

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

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

2.4. You have not prior to the submission of 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;

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

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

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

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

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

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, 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;

c. that harm minors in any way;

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

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

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

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

h. that impersonates another person;

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

j. that threatens the unity, integrity, 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.

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

3. General Rules of Participation:

3.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, as being either real, true, original, 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 recognize 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.

3.2. Star India shall not be responsible in the event the Content is not received due to any technical error of any nature whatsoever. Any response or receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of the Content due to a technical error and/or defect in the functioning of the website, server or Social Media Platform(s), 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 Content or part thereof is not received or submitted due to any technical error of any nature whatsoever. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India. For the avoidance of doubt, by submitting the Content the Participant(s) is representing that the Content or any part thereof is not confidential or comprise any sensitive personal information.

3.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, Group companies and/or their authorized representatives to record any other Material (as defined hereinafter) for the purposes of the Activity and/or Program and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit.

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

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

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

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

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

3.5. For the purposes of this Activity, by uploading and /or submitting the Content, the Participant(s) agree and undertake to be unconditionally bound by the respective terms and conditions, terms of use, privacy policy and user generated content policy(ies) of the social media platforms, namely Facebook, Twitter and Instagram. It is further clarified that such social media platforms specified hereinabove reserve the sole and exclusive right to make any amendments to its terms and conditions, terms of use, privacy policy and/or user generated content policy(ies) 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 social media platforms in any other format other than that prescribed by such social media platforms 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 Facebook, Twitter or Instagram shall be resolved directly by the Participant(s), without any recourse to Star India.

3.6. The Participant will be solely responsible for complying with the terms stipulated by Facebook, Twitter and/or Instagram 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).

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

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

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

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

3.11. 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 and/or the Film;

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

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

3.14. 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;

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

3.16. 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;

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

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

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

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

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

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

3.23. 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.

3.24. You acknowledge and confirm that neither the Star India licensors nor any of the respective Star India licensor’s affiliates are in any manner whatsoever associated with the Activity or responsible for the Prize, gratification or merchandise provided to the Participant.

3.25. Warranty Disclaimer: You agree that Your 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 on the Social Media Platform(s) or the content of any websites linked to the Social Media Platform(s) and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Social Media Platform(s), (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Social Media Platform(s), (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 Platform(s) (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 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.

3.26. 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.

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

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

3.29. 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;

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

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

3.32. You have the rights to: (i) review your Personal Information (defined below) for deficiencies and inaccuracies, and request Star India to correct or amend the Personal Information, to the extent deemed feasible by Star India; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that Star India shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend my Personal Information, Star India shall be entitled to disqualify your entry and/or participation in the Activity, as deemed fit and necessary by Star India at its sole discretion.

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

3.34. Subject to the provision of Paragraph 3.33 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

3.35. 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.

3.36. 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.

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

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

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

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

“#KoffeeWithKaran” contest

TERMS AND CONDITIONS

The following are the terms and conditions governing the “#KoffeeWithKaran” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion and engaging the viewers of the program “Koffee With Karan – Season 6” (“Program”)” on Star World SD and HD (“Channel”). The Contest shall be held on Star World’s Facebook, Twitter and the Instagram profiles at the URLs https://www.facebook.com/StarWorldIndia , https://twitter.com/StarWorldIndia and https://www.instagram.com/starworldindia respectively from October 20, 2018 4:00 PM to October 21, 2018 11:59 PM (“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 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/ Facebook/ Instagram 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 Facebook/ Instagram 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 a clear and distinct photograph/ image of high resolution bearing 600x600 pixels with a caption not exceeding more than 280 characters, as described in sub clause (i) (ii) and (iii) below and as required by Star India from time to time. Additionally, all Participants shall be required to hashtag “#KoffeeWithKaran” when they are sharing the image and in the manner as described in sub clause (i) (ii) and (iii) below. These images and caption will be evaluated by Star India who will choose the winner/s based on the creativity of the image. The Participant takes complete ownership that the image and caption 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 hereinafter referred to as “Entry” under these Terms and Conditions.

i. On Facebook: the Participants are expected to use smart mobile phones with camera and click on the link [https://www.facebook.com/fbcameraeffects/tryit/240738166608845/] shared by Star India, display the thumb to experience the augmented reality Koffee With Karan mug (“AR Mug”), position the AR Mug creatively and take a selfie with the AR Mug, post and share their image with a caption of 280 characters, hashtagging #KoffeeWithKaran and using @StarWorldIndia.

ii. On Instagram: the Participants are expected to use smart mobile phones with camera and click on the link [https://www.facebook.com/fbcameraeffects/tryit/240738166608845/] shared by Star India, display the thumb to experience the AR Mug, position the AR Mug creatively and take a selfie with the AR Mug, post and share their image on Instagram with a caption of 280 characters, hashtagging #KoffeeWithKaran and using @StarWorldIndia.

iii. On Twitter: the Participants are expected to use smart mobile phones with camera, take a selfie with any coffee mug, share the image/s and caption of 280 characters, hash tagging #KoffeeWith Karan and using @StarWorldIndia.

e) Each Entry shall be judged and evaluated on the basis of creativity, 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) The Participant(s) shall ensure that image is an original image and not an image that has been copied or sourced from a third party and/or website.

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

j) At the end of the Contest Period, out of all Entry/ies received on the Facebook/Twitter/Instagram pages within the Contest Period, the Top twenty (20) 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 Twitter/ Facebook/ Instagram , informing them that they are the winner(s) of the Contest The total number of Winner(s) shall under no circumstances exceed twenty (20) (“Winner(s)”).

6. Communication to the Winner(s) shall be done on or before October 31, 2018 and the Prize will be dispatched to the Winner on or before November 15, 2018 In the unlikely event that case the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever , Star India will not be held responsible.

7. The twenty (20) Winners shall each win the Koffee With Karan Season 6 mugs (“Prize”) and it is clarified that all taxes in relation to the 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, Instagram and/or 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.

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 the social media platforms, i.e., Facebook, Instagram and/or 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, Facebook and/or Instagram 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, Facebook and/or Instagram accounts, 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 Twitter, Facebook or Instagram.

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

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, Twitter and/or Instagram 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.

“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 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 “#KoffeeWithAkshay” and/or “#KoffeeWithRanveer” (“Hashtag(s)”) and following all required mandates herein below (“Participant(s))” for the Contest Period (as defined below).

The Contest shall commence on 28th October 2018, 8:00 pm onwards, and end at 11:59pm on 28th October 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 (Ranveer Singh and/or Akshay Kumar) 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) “#KoffeeWithAkshay” for the two questions pertaining to Akshay Kumar and/or (B) “#KoffeeWithRanveer” for the two questions pertaining to Ranveer Singh; 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(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.

#SayItLikeSanju

TERMS AND CONDITIONS

Please read the following Terms and Conditions very carefully before sharing your story(ies) for “#SayItLikeSanju” activity (“Activity”) conducted by Star India Private Limited (‘Star India/Us/ We’) for its Hindi movie channel, Star Gold. 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 on the official Twitter, Facebook & Instagram profiles of Star Gold [hereinafter referred to as “Social Media Platform(s)] as a part of the promotional Activity. You (‘Participant(s)’/‘You’/‘Your’) may voluntarily participate in the Activity and submit the Submission (as defined later) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and are eligible as per the Principal Rules for Participation and General Rules for Participation listed herein below. You hereby agree and understand that Star India will have access to and collect information and data shared by You including your Personal Information ( as defined below) submitted by You during and after the course of your participation in the Activity. By Your participation in the Activity, You consent to the collection, receipt, storage, processing, transfer, use, retention, destruction and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”). By participating in this Activity and uploading and submitting the Submission 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 you 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 Submission. 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.

1. Principal Rules for Participation:

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

i. The Participant should be an Indian citizen and residing in the territory of India only;

ii. The Participant should have completed 18 (eighteen) years of age or above to be eligible to participate in this Activity;

iii. The Participant(s) must have 1(one) valid, registered and existing Twitter handle, Facebook page and/or Instagram account in the Participant’s own name (‘Participants’ Registered Account’) during the Activity Period.

iv. The Participants must follow the Star Gold Twitter Handle on the Twitter platform and the Star Gold Instagram Page on the Instagram platform and the Star Gold Facebook Page on Facebook platform

v. The Participant should be well versed in English and/or Hindi languages - both written and spoken;

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

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

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

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

You hereby understand and agree that Star India reserves the sole right to disqualify and reject Your Submission at any point of time in the event the above criteria or any part thereof is not satisfactory or it does not meet the qualifications 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.

Activity Mechanism: During the Activity Period, Star India shall upload a video of Ranbir Kapoor (‘Video’) on the Social Media Platform(s) and invite all interested Participants to submit from any of the Participants’ Registered Accounts, a video of the Participant enacting a dialogue or song from any Sanjay Dutt film (‘Submission’) using a pre-created hashtag “#SayItLikeSanju” (‘Hashtag’) and by tagging the official social media handles/pages of Star Gold (Star Gold Instagram Handle:@Stargoldofficial, Twitter: @ StarGoldIndia and Facebook:@ StarGoldIndia) in the manner specified hereinafter. The Activity shall start on October 22, 2018 and shall end on October 24, 2018 (“Activity Period”). The Participants may post and upload the Submission during the Activity Period through the Participants’ Registered Account on their personal registered Twitter handle, Facebook page or Instagram page by way of affixing the Hashtag in the manner as more particularly stated hereinabove (hereinafter the Submission and the Hashtag shall collectively be referred to as the “Post”) and by tagging the official handle of Star Gold in the respective Social Media Platforms (Star Gold Instagram Handle: @Stargoldofficial, Star Gold Twitter Handle: @StarGoldIndia and Star Gold Facebook Handle:@ StarGoldIndia).

For avoidance of doubt it is clarified that for the purpose of participating in the Activity, it is mandatory the Submission shall be followed by the Hashtag (as stated above) and subject to the criterion mentioned in Clause 1.2 below. Participants may upload as many Posts as they desire but only Post(s) received before the close of the Activity Period shall be considered valid for the Activity. Participant agrees to not spam and tweet the same Post multiple times. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Activity.

For purposes of the Activity, “receipt” of Post occurs only when the website server records the Post information upon the entrant clicking “Submit/Post” button. For sake of clarity, automated receipt confirmation, if any, and/or any response to the Post shall not constitute proof of actual receipt. The Participant’s adherance to the eligibility criteria provided hereinabove, tweeting or tagging the Hashtag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Submission without the Hashtag, and which is not original or which is repetition or if the Participant does satisfy the eligibility criteria provided hereinabove, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. The Participant(s) agrees and acknowledges that by submitting the Entry and /or Post, the Participant(s) is representing that the Entry(s) and /or Post or Submissions thereof are not confidential or comprise any sensitive personal data or information. It is further clarified that the Participant(s) cannot make (a) blank tweet/ post using just the Hashtag (b) offensive/ abusive tweet/ post (c) tweeting and re-tweeting/ re-posting the same Hashtag more than once (i.e., making the same tweet/ post many number of times (d) tweets/ posts which do not make any sense (irrelevant to the Activity). Any Entry comprising of such tweets/ posts and /or Hashtags shall be considered null and void.

At the end of the Activity Period on the basis of the Participant(s) having made a valid Entry, Star Gold will do the following:

(i) On Twitter: Star Gold will select 5 (five) Entries basis the discretion of Star Gold and retweet the same from the official Star Gold Twitter Page on.

(ii) On Instagram: Star Gold will select 5 (five) Entries basis the discretion of Star Gold and compile a post of the selected stories and post on Instagram on.

(iii) On Facebook: Star Gold will select 5 (five) Entries basis the discretion of Star Gold and share the same from the official Star Gold Facebook Page on.

1.2. The Participant (s) should only submit Submission which satisfies the following criterion :

i. is relevant to the Activity. Any Submission submitted in any manner or as per the format / specifications other than that as prescribed herein will be disqualified and/or rejected.

ii. is from their own/personal registered Twitter or Instagram account and the account does not belong to any other third party.

iii. Is uploaded in English/ Hindi language.

iv. is original and authored by the Participant (s) alone in his/her individual capacity and does not infringe the intellectual property of any third party(ies) / individual;

v. is unique, has not been already pitched/ shared/ presented the Submission in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies;

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, 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; or

vii. is in breach of Submission related requirements detailed in these Terms and Conditions particularly under Paragraph 2.8. herein below.

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

1.3. The Participant hereby acknowledges and agrees that Star India has the right to develop, exploit and/or utilize the Submission 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 Submission submitted and its future development (if at all), by Star India, its licensors’ and its affiliates.

1.4. The Participant understands and agrees that Star India may at its sole discretion, develop and exploit the Submission to create and/or develop content (“Content”), to be decided at the sole discretion of Star India. The Content maybe be Exploited on any channel and/or any platform including but not limited to social media platform of Star India and/or its affiliates and/or any authorized third party, as deemed fit by Star India.

1.5. In consideration of being giving an opportunity to participate in the Activity, the Participant hereby assigns all rights, title and interest in and to the Submission 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 Submission, creatively in any manner as deemed fit by Star India.

1.6. 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 shall not at any time challenge and/or dispute such decision of Star India.

2. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

2.2. All rights, including all copyrights and other intellectual property rights in respect of the Submission 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 Submission 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;

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

2.4. You have not prior to the submission of Submission approached or submitted or pitched the Submission 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 Submission 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 Submission is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

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

2.6. The Submission 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 Submission does not contain any sensitive personal data or information.

2.7. The Submission 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;

2.8. The Submission shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Submission 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 Submission) that belongs to another person and which You do not have right to;

b. that 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 whatever;

c. that harm minors in any way;

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

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

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

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

h. that impersonates another person;

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

j. that threatens the unity, integrity, 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.

2.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Submission 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 Submission or submission of the Submission by You to Star India and/or possible acceptance of the Submission 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.

3. General Rules of Participation:

3.1. You understand that Your submission of Submission does not imply that Star India is of the view that the Submission, or any part thereof, as being either real, true, original, valuable or usable. The submission of Submission 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 Submission. 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 Submission submitted by You, which material Star India shall have the right to use, independent of You and /or Your submission of Submission.

3.2. Star India shall not be responsible in the event the Submission is not received due to any technical error of any nature whatsoever. Any response or receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of the Submission due to a technical error and/or defect in the functioning of the website, server or Social Media Platform(s), 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 Submission or part thereof is not received or submitted due to any technical error of any nature whatsoever. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India. For the avoidance of doubt, by submitting the Submission the Participant(s) is representing that the Submission or any part thereof is not confidential or comprise any sensitive personal information.

3.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, Group companies and/or their authorized representatives to record any other Material (as defined hereinafter) for the purposes of the Activity and/or Program and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit.

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

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

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

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

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

3.5. For the purposes of this Activity, by uploading and /or submitting the Submission, the Participant(s) agree and undertake to be unconditionally bound by the respective terms and conditions, terms of use, privacy policy and user generated Submission policy(ies) of the social media platforms, namely Facebook, Twitter and Instagram etc. It is further clarified that such social media platforms specified hereinabove reserve the sole and exclusive right to make any amendments to its terms and conditions, terms of use, privacy policy and/or user generated Submission policy(ies) from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Submission uploaded on the social media platforms in any other format other than that prescribed by such social media platforms 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 Facebook, Twitter or Instagram shall be resolved directly by the Participant(s), without any recourse to Star India.

3.6. The Participant will be solely responsible for complying with the terms stipulated by Facebook, Twitter and/or Instagram in the territory to submit/ upload the Submission 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).

3.7. By providing any Personal Information to Star India, as part of the submission of 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.

3.8. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit the T&Cs available at the section of the website of Star India ________________________from time to time in order to be informed of the latest version of the T&C [MS(I1] [SA(I2] .

3.9. You agree and understand that the decision of Star India with respect to the Submission 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;

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

3.11. 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 and/or the Film;

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

3.13. You hereby understand that, upon submission of Submission, You shall not withdraw the Submission for any reason whatsoever;

3.14. 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;

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

3.16. Star India reserves the right to discontinue dealing with the Submission 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 Submission (in part or whole) is not in compliance with the Terms and Conditions herein;

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

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

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

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

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

3.22. 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 Submission in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of these Terms and Conditions by You, Star India shall be entitled to any and all remedies in law and/or equity.

3.23. 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 Submission shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

3.24. You acknowledge and confirm that neither the Star India licensors nor any of the respective Star India licensor’s affiliates are in any manner whatsoever associated with the Activity or responsible for the Prize, gratification or merchandise provided to the Participant.

3.25. Warranty Disclaimer: You agree that Your uploading of the Submission 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 Submission on the Social Media Platform(s) or the Submission of any websites linked to the Social Media Platform(s) and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Social Media Platform(s), (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Social Media Platform(s), (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 Platform(s) (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 Submission or for any loss or damage of any kind incurred as a result of the use of any Submission posted, transmitted, or otherwise made available including loss of Submission 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.

3.26. 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.

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

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

3.29. You further understand and acknowledge that nothing herein obligates Star India to maintain confidentiality in respect of the Submission 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;

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

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

3.32. You have the rights to: (i) review your Personal Information (defined below) for deficiencies and inaccuracies, and request Star India to correct or amend the Personal Information, to the extent deemed feasible by Star India; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that Star India shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend my Personal Information, Star India shall be entitled to disqualify your entry and/or participation in the Activity, as deemed fit and necessary by Star India at its sole discretion.

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

3.34. Subject to the provision of Paragraph 3.33 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

3.35. 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.

3.36. 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 Submission and disqualify Your participation at the sole discretion of Star India.

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

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

3.39. 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 Submissions 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.

"Suii Dhaaga" 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 “Suii Dhaaga 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 [2nd Oct, 2018] at 10:00 PM UAE and shall conclude on 9th Oct, 2018 at [11.59pm] UAE (“ Contest Period”).

(I) Participants Eligibility

 

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

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

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

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

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

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

(II) Participation Mechanism:

 

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

2. To enter the Contest, Participants must watch the Channel(s) during the Contest Period and pick the correct answer to the question during Contest Period. To send in their entries, Participant(s) will SMS “STAR the correct option A, B or C to 7879 (“Entry”).

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

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

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

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

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

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

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

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

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

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

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

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

(III) Selection Process and Gratification:

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

 

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

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

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

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

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

7. The Winner shall be required to be present in such location as required by the Company to receive four movie tickets for the movie Suii Dhaaga. (“ 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

Neeva Maharani Campaign

RULES AND REGULATIONS

The following Principal and General rules are the rules and regulations (“Rules and Regulations”) which shall be binding on each and every participant (“Participant” or “You”) who voluntarily agree to participate in the “ NEEVA MAHARANI CAMPAIGN (“CAMPAIGN”) which will be hosted by Asianet Communications Private Limited (“ACPL ”) on its Facebook page i.e www.factbook.com/starsuvarna and email id maharani@starsuvarna.tv ( hereafter referred to as “ Platform”) as a part of the promotion and selection of the female artist for the serial titled “Maharani” (“Serial”) to be produced by ACPL for being telecast on Star Suvarna and its network channels (“Channel”)

Your act of participating in the Campaign shall be deemed to be your absolute agreement to the Rules and Regulations, Terms of Use, Privacy Policy and User Generated Contents available at http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”) 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 Principal or General 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.

These Rules and Regulations shall govern all usage by ACPL of any Personal Information (defined below) shared by the Participants and/or any other information including but not limited to the mobile phone number and/or any information in relation to Your participation in the Campaign gathered under or pursuant to this Campaign by ACPL (if any).

Principle Rules

1. ACPL shall release promos on its channel Star Suvarna and also send canters with a throne to the major cities viz Bangalore, Mysore, Davangere, Hubli, Gulbarga, campaigning the Neeva Maharani. The canters will be accompanies by an MC (Master of Ceremonies) who will host the campaign and describe the details of the campaign ie., how to participate in the campaign.

2. The campaign is only for girls in the age group of 18 to 22 years. The girls in this age group have to take a selfie photograph/video and send the said photograph/video to the face book page www.factbook.com/starsuvarna and email id maharani@starsuvarna.tv along with personal details like name, age, parents, address, mobile number and email Id.

3. The Campaign will start from 1st October 2018 to 10 th October 2018(“Period”). ACPL 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 to the Participants. It shall be the sole responsibility of the Participant(s) to check the Rules and Regulations for the Campaign from time to time. ACPL also reserves the right to cancel and/or postpone the Campaign without any prior intimation to the Participant(s).

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

a. To log in to www.facebook.com/starsuvarna using her Facebook account/credentials and click on the relevant page/tab of the Campaign and upload self photograph/video and provide the personal information; or

b. To send their selfie photograph/video along with personal details to maharani@starsuvarna.tv

c. The participants shall also provide the reasons why they are feeling Maharani along with the personal details and selfie photograph/video

d. After the Period, the programming team of ACPL will select the best among the participants who send their Photograph/videos/ video/ video and the relevant information. The criteria for selection is finding suitability to the female character of the Serial in terms of appearance, character, expressions etc.

e. The participant who is finally selected for the female character in the Serial will be informed by ACPL by email or SMS or any other mode.

GENERAL RULES

i. Each Participant can send only one (1) photograph/video on the Platform. If a Participant sends multiple Photograph/videos/ video/ video on the Platform, only the first sent by the Participant on the Platfrom shall be considered as the Entry submitted by the Participant for the purpose of the Campaign.

ii. A Participant is allowed to send Photograph/videos/ video/ video only through his/her single Facebook account or to the email mentioned above;

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

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

v. The Participant hereby represents, covenants and declares that (i) the Photograph/video is original of the Participant (ii) the Photograph/video does not and will not constitute any infringement of copyright or any right of privacy or rights in any other form of intellectual property, or any other personal or property right whatsoever of any person or entity, or constitute a libel or slander, or hurts the religious sentiments of people worldwide or be defamatory of any person deceased or alive, or blasphemous in its content (iii) that he/she fully owns and controls all rights and interests including all intellectual property rights in the Photograph/video and that no other person or party has right or interest in the Photograph/video as a co-owner, partner, mortgagee, charge holder or otherwise howsoever, (iv) the Photograph/video shall not expose ACPL or the channel to civil and/or criminal proceedings and /or claims of any nature whatsoever (v) the Photograph/video is not subject to any lien, charge, or any other encumbrance whatsoever (vi) the Participant has not granted any rights in the Photograph/video to the prejudice of any rights granted to ACPL hereunder (vii) the Photograph/video is not violative of or in contravention of any applicable laws (viii) all necessary licenses and permissions required for the utilization of the Photograph/video by ACPL for the purpose of the Campaign have been secured by the Participant in accordance with the existing Terms and Conditions and applicable laws without any recourse to ACPL. In the event the publishing of the Photograph/video is assessed to be prohibited in any manner and /or considered to be inappropriate due to moral, political or religious reasons or any reason whatsoever, the Platform and/or ACPL shall have the right to at their discretion to edit/ remove/cut the contentious portion and re-publish such Photograph/video or reject the Photograph/video altogether, and the Participant agrees not to object to the same. The Participant(s) must ensure that no false and/or misleading statements are made by her and that she does not refer to any commercial product and/or service in the Photograph/video.

vi. The Participant agrees and undertakes that the Photograph/video submitted by her for the purpose of the Campaign is in good taste, not obscene, vulgar, libelous, defamatory, insulting, annoying, etc.

vii. ACPL shall be free at any point of time to contact and /or communicate with the Participant(s) for availing any additional information and/or to verify any details as provided in relation to Entry/Photograph/video and the Participant(s) shall unconditionally co-operate to facilitate the same. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate Personal Information, Photograph/video(s) not in the required format as prescribed herein or which consist of content which is offensive or abusive or blasphemous or copied will be considered invalid, shall be considered null and void and will be disqualified from participating in the Campaign.

viii. The Participant(s) agrees and consents to the use by ACPL of the Photograph/video forming part of the Entry on the Platform, any other social media page of ACPL or as ACPL may deem fit for the purpose of promotion of the Campaign. Towards this effect and in consideration of being afforded an opportunity to participate in the Campaign, the Participant(s) hereby assigns in favour of ACPL a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, on an outright basis ,all Intellectual Property vested in the in the Entries including the Photograph/videos/ video/ video forming part of it, to Exploit the photograph/video in any manner deemed fit by ACPL at its discretion including but not limited to any other social media platform page of ACPL, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Rules and Regulations and/or for any promotional purposes towards the Campaign, 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 Rules and Regulations. The Participant(s)/Winner(s) waives off her “Moral Rights” with respect to the Photograph/video or any part thereof as required. The Participant agrees and authorizes ACPL to digitally modify, edit, truncate, the Photograph/video uploaded and submitted by the Participant(s) in any manner whatsoever. The Participant(s)/ Winner(s) undertake not to create any lien, charge, or other encumbrance, on the Entry and /or Photograph/video at any time without the prior written consent of ACPL. The Participant agrees that ACPL shall be entitled to exploit the Photograph/video and /or Entry including the modified Photograph/videos/ video/ video in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Photograph/video in any manner deemed fit by ACPL in its sole discretion. It is agreed that all rights, title, and interest in the Photograph/video 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 Photograph/video and /or Entry and /or modified photograph/video 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.

For the purposes of this Campaign, “Exploitation” shall mean shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by ACPL in its sole discretion and shall include incorporation of the Materials including performances in the Photograph/video(s) or any audio visual recording or sound recording or as may be decided by ACPL 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 photograph/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.

5. By entering the Campaign, each Participant(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Campaign, 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 Campaign (if any), notwithstanding the foregoing, under no circumstances will ACPL and/or ACPL 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.

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

7. Participant further agrees and undertakes that she shall not submit any photograph/video that:

  • belongs to another person and to which the Participant does not have any right to;
  • is grossly harmful, harassing, blasphemous, pornographic, pedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such Photograph/video or communicates any information which is grossly offensive or menacing in nature;
  • impersonates another person;
  • contains software viruses, Trojans, spyware, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, including harming recipient’s computers/system/servers etc.;
  • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant agrees that ACPL has the right to remove any such material/Entry which breaches any of the terms of these Terms and Conditions and the Participant shall not be entitled to object to the same.
  • The decision of ACPL in this regard shall be final and binding upon the Participant(s)/Winner(s).

8. Neither ACPL and/or Channel nor its employees have given a guarantee regarding the selection of a participant for the female character and its employees, responsible with regards thereof.

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

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

11. Irrespective of whether the Participants have been disqualified and /or their Photograph/videos/ video/ video have not been shortlisted by the jury of ACPL, ACPL shall continue to have the right to Exploit and /or publish the Photograph/videos/ video/ video submitted by the Participants on any platforms owned by ACPL worldwide in perpetuity.

12. For avoidance of doubt it is clarified that the final selection of the Winner made by ACPL shall be final and binding on all the Participants and in no event shall the Participants dispute the decision made by the ACPL or its employees. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning shortlisting of Photograph/videos/ video/ video to qualify for the Campaign, the decision of ACPL shall be final and binding.

13. Employees of ACPL 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 Kannada are ineligible to participate in the Campaign.

14. In the event of any fault, misunderstanding or dispute concerning any part of the Campaign the decision of ACPL shall be final.

15. The entry process is strictly open to Participant(s) residing in India only during the Period of the Campaign and of the age of 18 (eighteen) years and above only. The Participant (s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Campaign.

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

17. The Participant(s) represents and undertakes to execute and produce such further documents as may be required by ACPL in relation to the Campaign.

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

19. ACPL reserves the right to cancel and/or postpone the Campaign without assigning any reasons and/or without giving any prior intimation to the Participant (s).

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

21. 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 ACPL will disqualify the votes received from that Participant.

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

23. In case of any telecom and /or network failure and /or technical failure /breakdown on the Platform and /or technical failure in submitting and /or providing/uploading the Photograph/video(s) and/or for any reasons whatsoever, ACPL reserves the right to at its sole discretion to change the Platform and /or the mechanism for submitting the Photograph/video(s) and /or cease from accepting such Photograph/video(s) of the Participants in any manner it may deem fit and necessary. In such event, ACPL shall be entitled to exercise the option of putting the Campaign and /or the selection and declaration of Winner(s) in abeyance, as it may deemed fit at its discretion . In addition ACPL shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in either of the Platforms’ mechanism for submitting the Photograph/video(s) including without limitation system/failure on the Platform of recording/receiving tweets or default /logging on the Platforms beyond the end time stated in these Rules and Regulations and due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of ACPL.

24. Participants must participate in the Campaign voluntarily on their own behalf and through their own authorized Face book accounts, as the case may be. Entry (ies) by proxy will not be accepted.

25. Participant(s) shall not in any circumstances make any claims against ACPL, 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 Campaign. If the Participant (s) is found to be ineligible, or if they have not complied with these Rules and Regulations, the corresponding Photograph/videos/ video/ video will be disqualified.

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

27. The gratification ie., selection for female artist 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 ACPL or will be incorporated in the Program or find mention in the Program.

28. ACPL 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 gratification and the same, and if applicable, Winner(s) agrees that the same shall be solely borne by the Winner(s).

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

30. ACPL reserves the right to reject the winner for selection as female artist in the event it is found by ACPL or ACPL 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). ACPL shall have the right to declare another Participant(s) on a random basis on the criterion mentioned herein) as the Winner(s) of the Campaign, at its sole discretion and select her for the Serial. Such decision of ACPL shall be final and binding.

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

32. The Winner(s) of the Campaign 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 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 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.

33. The Participant/Winner shall not do any act either directly or indirectly during such Promotional Activity which may bring ACPL 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 judgment in general demeanour and choice of language to create an atmosphere which would be conducive to promotion of the Film.

34. ACPL 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 her chance to perform in the Serial and such decision of ACPL shall be final and binding.

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

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

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

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

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

40. The Participant(s)/Winner(s) Winner acknowledges that in case the performance of this Campaign 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 ACPL 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.

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

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

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

44. 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 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 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.

45. Subject to the provision of 42 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.

Star Parivaar Awards 2018

RULES FOR VOTING

These rules for voting (“Terms and Conditions ”) available at http://www.startv.com/contesttnc.htm (“Website”) shall be binding on each viewer (“Viewer(s)”, “Your” and/or “You”), in India for the SMS voting mechanism, as stated below (“Territory”) who voluntarily desire to participate in the Voting Mechanism (as defined hereunder) of the contest titled “STAR PARIVAAR AWARDS 2018 – (“Contest”) as a part of the program titled “STAR PARIVAAR AWARDS 2018” (“Program”) produced by Star India Private Limited (“STAR India”) aired on STAR Plus(“Channel”) .

Any information gathered through this Terms and 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 You including Your personal information such as contact number and/or any information in relation to the participation of the Viewer(s) in the Voting Mechanism gathered under or pursuant to this voting process by STAR India (if any) (“Data”). By participating in the Contest, You 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 in the Contest, i.e., by your act of voting, You agree that You have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Terms and Conditions and the Privacy Policy. If You do not agree to be bound or cannot comply with any of the Terms and Conditions or the Privacy Policy, please do not continue. Your failure to accept these Terms and Conditions will disqualify Your voting /participation in the entry in the Voting Mechanism. Your act of voting and /or participating in the Voting Mechanism as detailed below shall be deemed to be Your absolute agreement to the Terms and Conditions, Terms of Use, Privacy Policy andUser Generated Content of STAR India as prescribed from time to time. The Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein below and all Viewer(s) as requested herein unconditionally accept and agree to comply with and abide by the same.

PRINCIPAL RULES

The Contest is an integral part of the Program. The following are the Principal Rules for Voting Mechanism (defined below) for the Contest conducted by STAR India for the promotion and viewer engagement of the Program on the Channel:

1. The Program is an awards show wherein based on the overall popularity of the on screen characters ,the favorite and /or popular protagonists and artists across all programs /shows of the Channel (“ Nominees”) are selected and shortlisted by STAR India and nominated under 5(five) popular categories viz., a) Favourite Pati, b)Favourite Patni, c)Favourite Naya Sadasya Male, d)Favourite Nayi Sadasya Female and e)Favourite Jodi, for voting under the SMS voting mechanism as set out below in paragraph 4 (hereinafter collectively referred to as “ Category”) at its sole discretion. During the Period (defined below), the Viewers in the Territory shall cast their Vote (defined below) for their favorite Nominee(s) under the Categories as per the Voting Mechanism provided below.

2. STAR India shall promote the Contest through on-air (promos, astons, bugs etc.), social media pages or platforms of the Channel and any other manner as STAR India may deem fit, at its sole discretion, stating the Voting Mechanism in which the Viewers (s) can participate in the Contest.

3. The Voting Mechanism (as detailed below in paragraph 4) is applicable only for the Contest and shall be open in the Territory on 30th September, 2018 from 00:00 hours Indian Standard Time (IST) and will conclude on to 4th October, 2018 at 23:59 hours IST for the SMS voting mechanism as set out below in paragraph 4 below (“ Period”) (both dates inclusive). STAR India reserves all rights to make amendments to the Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Viewer (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. STAR India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Viewer (s).

4. The Voting Mechanism for the Contest during the Period within the Territory is as provided below:

(i) To vote for their favorite Nominee(s) under various Categories of the Contest, the Viewers shall send an SMS through their mobile numbers in the following format MALE<space><Option> for Favorite Naya Sadasya (Male) category, FEMALE <space><Option> for Favorite Nayi Sadasya (Female) category, PATI<space><Option> for Favorite Pati category, PATNI<space><Option> for Favorite Patni category, and JODI <space><Option> for Favorite Jodi category to 57827. This SMS sent by the Viewer(s) will be deemed to be received when the Viewer receives a return message from the number 57827, “Thank you for your valuable vote. Please watch Star Parivaar Awards 2018 coming soon on StarPlus”.

(ii) It is further clarified that at one time, each Viewer(s) shall be entitled to cast his/her Vote for his /her favorite Nominee under only one particular Category of the Contest. For the purposes of the Contest, the Viewer(s) shall be required to cast his /her Vote for his/her favorite Nominee under such particular Category through SMS in the format and as per the voting code, i.e., the Category Code and Nominee Code provided to him /her through SMS message from 57827.

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

(iv) For purposes of this Contest, “receipt” of Vote(s) occurs when the mobile/network operator records the Vote upon the Viewer(s) sending the SMS and the Viewer (s) receive an acknowledgment message stating ‘Thank You’. Any automated receipt confirmation does not constitute proof of actual receipt.

 

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

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

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

(viii) The cost charged to the Viewer(s) by the respective network provider(s) for sending the SMS shall be as per the existing applicable rates by the telecom operator/telecom regulatory authority

(ix) 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.

(x) If any costs are incurred by the Viewer to participate in the voting process shall be solely borne by the Viewer.

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

5. In addition to the Votes garnered from the Viewers for their favorite Nominee(s) under the Categories through the Voting Mechanism, Star India shall allow parallel voting facility for any and /or all of the categories other than the Category (s) to the members of the public and the members of an academy constituted and created by STAR India via any voting platform during a period as deemed fit by STAR India at its sole discretion. It is clarified that the constitution of the aforementioned academy, the voting mechanism and period of voting for such members of the academy shall be decided by STAR India at its sole discretion.

6. At the end of the Period, the total number of votes received for the Categories under the SMS voting mechanism will be calculated and accordingly the Nominee(s) with the highest Votes under each Category of the Contest shall be declared as the winner of that particular Category (“Winner”). The Winners shall be announced at the on ground event i.e., Star Parivaar Awards 2018 on 6th October, 2018. The calculation of votes may be done by an automated system or any other manner, as decided by Star India at its sole discretion. The Viewers shall in no event dispute and/or challenge the selection of the Nominee /Winner under any Category of the Contest so selected/declared for any reason whatsoever. It is further clarified that STAR India and/or the Channel reserve the right to modify the format of the Program and accordingly the rules for Voting Mechanism at any time, at its sole discretion, during the Period and it shall be the sole responsibility of the Viewer (s) to check the Terms and Conditions on the Website from time to time. It is further clarified that in case of the selection and declaration of Winner(s), the decision of STAR India and/or the Channel shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law. It is further mandatory that the mobile /landline number through which the Viewer participates in the Contest via SMS is duly registered in his/her name.

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

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

 

9. The decisions in respect of the selection of the Category and /or Nominees and the selection / declaration of the eventual Winner under each Category 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.

 

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

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

12. The Viewer(s) shall at all times comply with the applicable laws, rules and regulations including these Terms and Conditions.

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

 

General Rules

 

1. The Viewers interested in participating in the Voting Mechanism must be having the age of 18 (eighteen) years or above and a citizen and resident of India only and valid mobile number registered in his/her name. The Participant(s) should not have any criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Voting Mechanism of the Program.

2. Proof of age, if requested, of the Viewer(s) must be submitted to STAR India (i.e., school leaving certificate/college graduating certificate) as may be required by STAR India to confirm the eligibility of the Viewer(s) as may be required by STAR India to confirm the eligibility of the Viewer(s).

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

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

5. Viewer(s) agree, understand and acknowledge that there is no prize/gratification for casting of Votes for the Nominee(s) and /or Winner(s) as detailed herein.

6. The Terms and Conditions shall be advertised sufficiently across the Website and /or the Channel to ensure that no Viewer is misled and understands the entire process and the Voting Mechanism completely prior to participating in the Voting Mechanism.

7. Viewer(s) agree and irrevocably acknowledge that STAR India shall have the sole and exclusive right including but not limited to intellectual property rights (copyrights and trademarks) in and to the Program, the format of Voting Mechanism and all its components whatsoever, throughout the world and for perpetuity.

8. Viewer(s) agree and acknowledge that nothing contained in these Terms and Conditions will be deemed to constitute a grant of license/ assignment and/or transfer of any rights in and to the Voting Mechanism, Program whatsoever from STAR India in Your favour.

9. Viewer(s) hereby represent that Viewer(s) is not under any disability, restriction, or prohibition, whether legal, contractual, or otherwise, which shall prevent Viewer from performing or adhering to any of the Terms and Conditions herein and have not entered into and shall not enter into any agreement that may violate the Terms and Conditions herein; You hereby undertakes to comply with all the applicable laws.

10. Viewer(s) undertake that the Viewer(s) shall not upload, store, collect, transmit or cause the upload, storage, collection, transmission, of any information through the Website which violates any applicable laws, including, inter alia, belonging to another person; or is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, objectionable; infringes the proprietary rights of any person; harms minors in any way; violates any law for the time being in force;

11. Viewer(s) agree that Viewer(s) shall not either directly or indirectly, reverse engineer, decompile or disassemble, make any enhancements, modifications, customizations, changes, additions, translations, create derivative works based on the Website and the software thereunder and/or copy software, export, sell, license, sub-license, rent, lease, transfer or otherwise dispose of or encumber rights of STAR India in and to the software or use in any manner to prejudice the system/ mechanism to allow unfair practices such as multiple votes and affect the transparency of voting, STAR India reserves the right to take appropriate action including criminal action in such an event.

12. STAR India reserves the sole and absolute right to disqualify the Viewer(s) and/or Viewer’s Vote(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Viewer or in the event of breach of any of these Terms and Conditions by the Viewer, at any point in time during the Period or otherwise.

13. You acknowledge that the Your representations, warranties, indemnities, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions

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

15. 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 SMS 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.

16. In case of any telecom and /or network failure and /or logging on to the Website of the Program and/or for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Voting Mechanism and /or cease from accepting Votes of the Viewers during the Period for 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 system/Mechanism including without limitation voting system/failure in the mechanism of recording SMS due to any reason whatsoever including technical disruption/ a default in sending the acknowledgment 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 participate or cast/record his/her Vote/ failure to logging on automatic acceptance of votes stated in these Terms and Conditions and /or informed on the Program due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR India.

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

18. 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(s) of the Program, Vote(s) and /or Vote Mechanism, 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 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.

19. 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, STAR India, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer, in any manner whatsoever in connection with the Voting and/or the Program and/or the Winner selected and/or any personal information including Data 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.

20. 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 outside audit firms /companies/auditors/ Internal (as the case may be) to audit the Votes and the entire Voting Mechanism during the Period and keep updated records of the same. Employees of and/or consultants of and/or persons hired on contract by STAR India and the main sponsor of the Program, if any, and the members of their immediate family are ineligible for Voting for the Program.

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

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

23. STAR India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, mental trauma caused to the Viewers in any manner whatsoever or for any reason whatsoever in connection to the Program and/or any aspect related to Vote /Voting Mechanism. The Viewer(s) shall hold harmless the Channel, STAR India, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Viewer(s), in any manner whatsoever in connection with the Program including the selection of Winner and/or any aspect of voting and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or relief, to the extent permissible under law.

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

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

26. 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 Terms and Conditions and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR India shall be at liberty and upon their sole discretion to terminate any such participation of a Viewer(s) forthwith and such decision shall be final and binding on the Viewer(s).

27. The Viewer(s) shall comply with the laws of India. The 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 voting and/or the Program shall be referred to a sole arbitrator appointed by STAR India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Viewer who has raised the dispute.

28. Subject to the provision of 27 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

I ACCEPT

 

PLEASE CLICK ON THE ABOVE TO CONFIRM YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS AND CONDITIONS

#VenomOnCricketLive Contest

Terms & Condition

The following are the rules for the “#VenomOnCricketLive” contest (the “Contest”) hosted by Star India Private Limited (“STAR”) in collaboration with Sony Pictures Entertainment (“Sony Pictures”) 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 India Twitter profile at the URL http://twitter.com/starsportsindia (the “Twitter Page”) through the handle @StarSportsIndia (“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(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 on the following days: September 25, 26 and 28, 2018 (“Contest Period” and each day “Contest Day”) 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.

2. The Contest is a game of knowledge and skill whereby the Participants would have to provide answers to 3 (three) questions on each Contest day during the Contest Period. An official announcement shall be made on the Network Handle and/or on the Channels inviting Twitter users to watch the live broadcast of Nerolac Cricket Live on the Channels where contest questions will be announced on each Contest Day (each a “Contest Questions”). Twitter users can share tweets on Twitter during the Contest Period, containing the answers to questions announced on the Channels. Of the three Contest Questions that will be posed during each day of the Contest Period, 2 (two) questions shall be about the cricket and 1 (one) question shall be about the Venom movie franchise. Each Contest Question will be announced on the Channels. Any person who wishes to participate in the Contest (“Participant”) shall fulfill all of the following requirements in order to qualify for participation:

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

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

(c) The Participant should submit their entry containing their answers to the Contest Questions in the form of a tweet posted through the Participant’s Twitter account in response to the relevant Contest Question on the Network Handle. Each Entry: (1) should contain the pre-decided hash-tag for the Contest, i.e. #VenomOnCricketLive; (2) should be submitted within 8 (eight) hours from the broadcast of the last Contest Question for the relevant Contest day during the Contest Period. Any Entry which does not contain the above elements mentioned in this paragraph 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 STAR shall select 3 (three) daily winners (‘Daily Winners”) via randomizer for each Contest Day, from amongst all those Participants who have submitted Entries containing correct answers to at least 1 (one) out of the 3 (three) Contest Questions posed during that Contest Day and 1 (one) grand prize winner (“Grand Prize Winner”) via randomizer from amongst all those Participants who answer correctly to all 9 (nine) Contest Questions posed during the Contest Period. Daily Winners and Grand Prize Winner shall collectively be referred to as the “Winners”. Winners shall be selected on the basis of the relevance and correctness of their Entries or other criteria as the editorial team shall deem fit. STAR’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 on the Network Handle.

4. Each Winner would be awarded a prize (“Prize”). The Prize for the Daily Winners shall be Venom merchandise or any other item as announced by STAR. The Grand Prize Winner gets an all-expenses paid trip to Singapore for two adults over the age of 18 years. All associated costs of travel and accommodation shall be arranged, paid for and determined by Sony Pictures at its sole discretion, along with any modalities thereto. STAR shall not be liable for non-receipt of any Prize by any Winner, including due to errors or failures or deficiencies in dispatch services or in address details provided by the Winners or any failure directly or indirectly attributable to Sony Pictures. The Prize must be claimed in response to messages or telephone calls made to the Winners. Any and all taxes and/or levies applicable under the laws of India and any incidental costs direct and/or indirect, in relation to Prize shall be borne by the respective Winners. Neither STAR nor any of its group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Winner(s) is unable to claim the Prize from Sony Pictures. 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. Furthermore, the Grand Prize Winner has to himself/herself undertake the visa proceedings and other relevant procedures in order to procure the requisite documents to travel to Singapore. STAR will not be liable in any way to carry out the same on behalf of the Grand Prize Winner. Furthermore, in the event of rejection of visa by the authorities to the Grand Prize Winner, STAR and/or Sony Pictures will not be liable to compensate for the same in any manner whatsoever.

5. For the sake of abundant clarity, any grievances that any Participant(s) may have in relation to the Prize(s) shall be directed solely and exclusively to Sony Pictures. STAR shall not be liable in any manner whatsoever in this regard.

6. 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(s) is wrong, fraudulent or any misrepresentation is made by the Participant/Winner. STAR 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 STAR nor its 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 STAR and/or its 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 STAR and/or any of its 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. STAR and/or any of its group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither STAR nor its group companies shall be liable for any delays or failures in any notifications, or the Contest in general.

7. The 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 during 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.

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 participate or 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.

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 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 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), 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) 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(s), in the Entry must be submitted to STAR (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate) as may be required by STAR to confirm the eligibility of the Participant(s).

2. Participant(s) shall provide such information as may be required by STAR from time to time. Any incomplete submission will be considered invalid for the purpose of the 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 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 Delhi, India.

 

-x-x-x-

Putani Pantru - Season 3

TERMS & CONDITIONS

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

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

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

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information ( defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by Company under or pursuant to this Auditions and in relation to your participation in the same. Your act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be your and your natural/legal guardian’s absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”).If you or your natural/legal guardian do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

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

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

(i) Chitradurga X.Belgaum

(ii) Davangere XI. Hubli

(iii) Hassan XII.Koppala

(iv) Shimogga XIII.Gulbarga

(v) Mangalore XIV.Bijapur

(vi) Mysore XV.Bagalkote

(vii) Mandya Raichur

(viii) Bangalore

Audition Period” The period during which ground auditions will be conducted in the Audition Centres . The tentative dates of Auditions are furnished below:

Sept 18th - 23rd

Chitradurga

Koppala

Sept 25th - 30th

Davangere

Raichur

Oct 2nd - 7th

Shimogga

Gulbarga

Oct 9th - 14th

Mangalore

Bijapur

Oct 16th - 21st

Hassan

Bagalkot

Oct 23rd - 28th

Mysore

Belgam

Oct 30th - Nov 4th

Mandya

Humbli

Nov 6th - 11th

Bangalore

"Company" means Asianet Communications Private Limited, the owner and rightholder of the Program.

"Contestant(s)/Participant(s)" Means any natural person(s) who is between the age of 5 (five) years and 13(Thirteen) (eighty) years i.e. 5 (five) years or above and 13 (thirteen) years or below as of September 1, 2018 being a citizen and resident of the Territory as per the applicable laws and enters the Auditions/Program individually in accordance with the terms detailed below.

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

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

Program” means the Show(s) which shall be tentatively titled Putani Pantru

“Production House” means Sunny Television or any other Production House to be appointed by the Company at its discretion.

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

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

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

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

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

 

PRINCIPAL RULES

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

2. Any one of parents (father or mother)/ natural/legal guardian of the Contestant(s) shall accompany the Contestant(s) for all the Auditions and shall stay with him/her till the elimination of the respective Contestant from the Audition or Program, as the case may be, and /or completion of the Program (whichever is earlier).

 

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

4. The Participant(s) shall make their own arrangements at their cost for travel, food and stay for auditions at the Auditions at the Audition Centres and the Company shall not be responsible for any providing any such arrangements

5. Procedure to register

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

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

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

ii. fill and execute a registration form at the Audition Centre and duly submit all personal information as may be required to be submitted by them on the registration form (“Personal Information”) in a manner and form, as requested and /or prescribed therein (“ Registration Form”).

(c) In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s) and the signature of his/her parents on the Registration Form duly submitted by the Contestant(s) at the Audition Centre] shall be considered a complete entry (“Entry”).

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

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

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

AUDITION PROCESS

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

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

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

iv. The Panel shall have the sole authority to judge and rate the performance of all the Participants and their decision shall be final and binding on all Participants and their natural/legal guardians.

v. Thereafter on the same day, such shortlisted Participants shall once again perform an Act before the Panel, which shall then shall rate the Participants on the basis of the quality of their performance, personality, technique, knowledge etc. Such decision shall be final and binding on all Participants Participant(s) and their natural guardians/legal guardians. No Participant(s) and/or the natural/legal guardians shall dispute any decisions made by the Panel in connection to the selection procedure.

vi. Based on the aforementioned criteria and the evaluations of the various singing, dancing and action performances by the Panel, the top rated 12 (twelve) Contestant(s) of the District (“Finalists”) shall be shortlisted at the discretion of the Company and /or the Panel for performing in the programming.

vii. The Finalists will be informed of their selection for the Program by an email or message to their natural/legal guardian’s mobile phone or any other source at the discretion of the Company.

Viii. The Finalists will compete each other in the Program for the title of the Putani Pantru of the District. They can show/exhibit their talent in any genre viz singing, dancing and acting. The best performer among the Finalists will be selected as Winner by the Judges appointed by the Company, who will be the Putani Pantru of the District.

ix. The program will be shot in a Studio at Bangalore. If any of the Finalists does not turn up for performing in the Program on the scheduled date and time, then the Company may replace such Finalist with any other Contestant at its sole discretion and no Contestant shall challenge the decision of the Company in this matter.

x. For avoidance of doubt it is clarified that the final selection of the Show Players made by the Company /Panel 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.

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

GENERAL RULES

 

1. The Auditions is strictly open to Participant(s) between the age of 5 (five) years and 13 (thirteen) years, i.e. 5 (five) years or above and 13 (thirteen) years or below as of September 1, 2018 being a citizen of and residing in India and belong to the District in which auditions are conducted during the Audition Period, as per the respective applicable laws of the Territory.

2. The Contest is conducted and limited to district level in the state of Karnataka.The Contestants of one District shall not participate in the Contest of another District.

3. The Contestant(s) shall participate in the Auditions individually only. For clarification, it is stated that the performance of the Contestant(s) must be solo performance only and there will be no duo performance or no group performance

4. 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).

5. In the event the Participant and natural/legal guardian of the Participant(s) 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. It is the onus of the natural guardian /legal guardian to ensure that the participation of t his/her son or daughter is as per the applicable laws of the country In case it is found to be otherwise by the Company then immediately such minor Participant shall be disqualified.

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

7. The Participant and natural/legal guardian of the Participant(s) shall not make any claims against Company, Channel, their directors, employees arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to their participation or non-participation in the Auditions or any related activity including any unauthorized access of the Videos, etc. If the Participant is found to be ineligible, or if 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.

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 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/ Company and/or the Channel or any of its representatives and/or the Jury.

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

11. The Participant should not have been convicted under criminal laws and/or should not be disqualified under 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) is required to furnish necessary supporting documentation in original (i.e., birth certificate, school leaving certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) and natural/legal guardian of the Participant (s) agree to do any and all acts and execute any and all documents in such manner and at such location as may be required by the Channel and/or Company 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)) 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/ Company reserves all rights to make amendments to the existing Terms and Conditions without prior notice to the Participant. Further, Company reserves the right to terminate the Auditions at any time without any prior intimation or notice to the public/ Participants and natural/legal guardian of the Participant (s) and also Company/Channel is not obligated in any manner whatsoever to compensate any person or persons who have participated in the Auditions and/or accommodate any person or persons who have been selected in the Auditions.

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

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

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

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

22. If the operation of the Show/ Auditions/ Program (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) and the natural /legal guardians of the Participants specifically agree, allow, grant and permit 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 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 the Participants hereby agree that neither the Participant(s) nor his/ natural guardian shall assign or in any other manner transfer rights including the Intellectual Property in and to the Materials for such means and modes of exploitation of the Materials which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to Company without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Materials for the entire world and perpetuity to the Company (‘Offer’). The Participant and /or natural/legal guardian of the Participant(s) on the Participant (s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

26. The Participant(s) either through themselves or 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 the natural/legal guardian of the Participant(s) further agree and acknowledge on behalf of the Participant(s) that they shall not be entitled to any share in the revenues arising from exploitation of the Materials. The Participant or the natural/legal guardian on behalf of a Participant acknowledges that the Entry submitted d and/or contribution to the Materials does not qualify as a ‘performance’ within the meaning of the Indian Copyright Act, 1957.

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

28. The Participant shall make themselves available from time to time and co-operate with the Channel and/or Company and participate in any activity and/or campaign and /or events (“ Promotional Activity”) of any nature whatsoever with respect to the Program/Auditions without any money payable 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 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. Company reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or Company or the Channel without notice to the Participant and natural/legal guardian of the Participant(s) and without any further compensation to the Participant and natural/legal guardian of the Participant

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

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

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

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

34. Participant(s) and natural/legal guardian on behalf of the Participant(s) shall not engage in any activity that would in any manner result in violation of any applicable anti-bribery or anti-corruption laws applicable to the parties hereto.

35. All obligations, representations, warranties, grant of rights in relation to a Participant 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) 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) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

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

39. Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the Auditions and /or Entry and/or the Program, shall be referred to a sole arbitrator appointed by Company and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Bangalore and, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participants and the natural/legal guardians of the Participants 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 Bangalore, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

"#10YearsOfGourmet” contest

Terms & Conditions

The following are the terms and conditions governing the “#10YearsOfGourmet” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion and engaging the viewers of the program “Master Chef Australia Season 10” (“Program”)” on Star World SD and HD (“Channel”). The Contest shall be held on Star World’s Facebook, Twitter and the Instagram profiles at the URLs https://www.facebook.com/StarWorldIndia (“Official Facebook Handle”), https://twitter.com/StarWorldIndia (“Official Twitter Handle”) and https://www.instagram.com/starworldindia (“Official Instagram Handle”) respectively from September 7, 2018 12 PM to September 10, 2018 11:59 PM (“ 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 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/ Facebook/ Instagram 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 Facebook/ Instagram 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 a mentioned above in Paragraph 1 to voluntarily participate in the Contest (“ Participant(s) asking them to share a clear and distinct photograph/ image bearing 600x600 pixels by arranging food items/ ingredients in the shape of number/ numeric 10 along with a descriptive caption not exceeding more than 280 characters. Additionally all Participants shall be required to hashtag “#10YearsOfGourmet when they are sharing the image and in the manner as described in sub clause (i) (ii) and (iii) below These images and caption will be evaluated by the Chef who will choose the winner/s based on how creatively the food has been arranged, presented and decorated in the numeric form of 10 by using food ingredients. The Participant takes complete ownership that the image and caption 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 hereinafter referred to as “Entry” under these Terms and Conditions.

i. On Facebook: the Participants can post and share their image/s and caption in the comment section of the post asking for the entries with a caption of 280 characters, hashtagging #10YearsOfGourmet and hashtagging Star World India.

ii. On Twitter: the Participants are expected to share the image/s and caption of 280 characters words/characters, hash tagging #10YearsOfGourmet and hashtagging Star World India.

iii. On Instagram: the Participants may share their image/s and caption of 280 characters, hash tagging #10YearsOfGourmet and hashtagging Star World India.

e) Each Entry shall be judged and evaluated on the basis of, creativity, originality, uniqueness, and innovativeness and overall creative impact gourmet appeal/aesthetics Each Entry shall be judged by a professional chef(s) and/or by representatives of Star India as deemed fit in its 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) The Participant(s) shall ensure that image is an original image and not an image that has been copied or sourced from a third party and/or website.

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

j) At the end of the Contest Period, out of all Entry/ies received on the Facebook/Twitter/Instagram pages within the Contest Period, the Top Three (3) 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 Twitter/ Facebook/ Instagram , informing them that they are the winner(s) of the Contest The total number of Winner(s) shall under no circumstances exceed three (03) (“Winner(s)”)..

6. Communication to the Winner(s) shall be done on or before October 10, 2018 and the Prize will be dispatched to the Winner on or before October 30 th , 2018 In the unlikely event that case the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever , Star India will not be held responsible.

7. The three (03) Winners shall each win an iPad (“Prize”) and it is clarified that all taxes in relation to the 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 un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Winner(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/ Instagram and Facebook or as set by Star India from time to time will render e such Participant’s Entry(ies) null and void and shall stand disqualified.

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 the social media platforms, i.e., Facebook, Instagram and/or 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, Facebook and/or Instagram 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, Facebook and/or Instagram accounts, 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 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, Facebook or Instagram.

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

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, Twitter and/or Instagram 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.

#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 and PVR MGF – Gurgaon (“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 12th September 2018

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).

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.

#StreeOnStarGold

Terms & Conditions

Please read the following Terms and Conditions very carefully before sharing your story(ies) for “#StreeOnStarGold” activity (“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 on the official Facebook, Twitter and Instagram profiles of Star Gold
[hereinafter referred to as “Social Media Platform(s)] as a part of the promotional Activity. You (‘Participant(s)’/‘You’/‘Your’) may voluntarily participate in the Activity and submit the Content (as defined later) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and are eligible as per the Principal Rules for Participation and General Rules for Participation listed herein below. You hereby agree and understand that Star India will have access to and collect information and data shared by You including your Personal Information ( as defined below) submitted by You during and after the course of your participation in the Activity. By Your participation in the Activity, You consent to the collection, receipt, storage, processing, 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 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 you do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content. Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects.

 

1. Principal Rules for Participation:

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

i. The Participant should be an Indian citizen and residing in the territory of India only;

ii. The Participant should have completed 18 (eighteen) years of age or above to be eligible to participate in this Activity;

iii. The Participant(s) must have one valid, registered and existing Twitter account or Instagram account or Facebook account in his own name during the Activity Period.

iv. The Participants must follow the Star Gold Twitter Handle on the Twitter Platform, the Star Gold Instagram Page on the Instagram Platform and like the Star Gold Facebook Page on the Facebook Platform.

v. The Participant should be well versed in the English and/or Hindi language - both written and spoken;

vi. 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;

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

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

In the event the Participant 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 Your Content at any point of time in the event the above criteria or any part thereof is not satisfactory or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Activity Mechanism: The Activity shall start on 4th September to 6th September, 2018 (“ Activity Period”). Star India via uploading videos of Rajkumar Rao and Shraddha Kapoor (‘Videos’) on the Social Media Platform(s) invites all the interested Participants to submit from the Participants’ registered Facebook, Twitter or Instagram accounts a short ghost/scary story (‘Content’) using a pre-created hashtag “#StreeOnStarGold” (‘Hashtag’) and by tagging the official handle of Star Gold (Star Gold Facebook Handle: @StarGoldIndia, Star Gold Instagram Handle:@Stargoldofficial Twitter: @StarGoldIndia) in the following manner.

The Participants must thereafter post and upload the Content during the Activity Period in the following manner:

(i) On their personal registered Twitter handle, Facebook page or Instagram handle by way of affixing the Hashtag in the manner as more particularly stated hereinabove (hereinafter the Content and the Hashtag shall collectively be referred to as the “ Post”) and by tagging the official handle of Star Gold in the respective social media platforms (Star Gold Facebook Handle: @StarGoldIndia, Star Gold Instagram Handle: @Stargoldofficial, Star Gold Twitter Handle: @StarGoldIndia); or

(ii) By way of commenting on the Video posted on Star Gold’s Social Media Platform(s) (Star Gold Facebook Handle: @StarGoldIndia, Star Gold Instagram Handle: @Stargoldofficial, Star Gold Twitter Handle: @StarGoldIndia) along with the Hashtag #StarGoldOnStree.

For avoidance of doubt it is clarified that for the purpose of participating in the Activity, it is mandatory the Content shall be followed by the Hashtag (as stated above). Participants may send as many Posts as they desire but only Post(s) received before the close of the Activity Period shall be considered valid for the Activity. Participant agrees to not spam and tweet the same Post multiple times. In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Activity.

For purposes of the Activity, “receipt” of Post occurs only when the website server records the Post information upon the entrant clicking “Submit/Post” button. For sake of clarity, automated receipt confirmation, if any, and/or any response to the Post shall not constitute proof of actual receipt. The Participants’ adherance to the eligibility criteria provided hereinabove, tweeting or tagging the Hashtag in the manner as stated therein shall be considered as a complete and valid entry (“ Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag, and which is not original or which is a repetition or if the Participant does satisfy the eligibility criteria provided hereinabove, or the criteria for the Content provided hereinbelow, then his/her 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. It is further clarified that the Participant(s) cannot make (a) blank tweet/ post using just the Hashtag (b) offensive/ abusive tweet/ post (c) tweeting and re-tweeting/ re-posting the same Hashtag more than once (i.e., making the same tweet/ post many number of times (d) tweets/ posts which do not make any sense (irrelevant to the Activity). Any Entry comprising of such tweets/ posts and /or Hashtags shall be considered null and void.

At the end of the Activity Period and basis of the Participant(s) having made a valid Entry, Star Gold will do the following:

(i) On Twitter: Star Gold will select 10 entries basis the discretion of team Star Gold and retweet the same from the official Star Gold Twitter Page on or before 7th September

(ii) On Facebook: Star Gold will select 9 stories basis the discretion of team Star Gold and compile a post of the selected stories and post on Facebook on or before 7th September

(iii) On Instagram: Star Gold will select 10 stories basis the discretion of team Star Gold and compile a post of the selected stories and post on Instagram on or before 7th September

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

i. is relevant to the Activity. Any Content submitted in any manner or as per the format / specifications other than that as prescribed herein will be disqualified and/or rejected.

ii. is from their own/personal registered Facebook, Twitter or Instagram account and does not belong to any other third party.

iii. Is uploaded in English/ Hindi language and is within 200 characters.

iv. is original and authored by the Participant (s) alone in his/her individual capacity and does not infringe the intellectual property of any third party(ies) / individual;

v. is unique, has not been already pitched/ shared/ presented the Content in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies;

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, 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; or

vii. is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8. herein below.

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

1.3. The Participant hereby acknowledges and agrees that Star India has the right to develop, exploit and/or utilize the Content 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 Content submitted and its future development ( if at all), by Star India, its licensors’ and its affiliates.

1.4. The Participant understands that Star India may at its sole discretion, develop and exploit the Content to create a film inspired by the Content (“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.

1.5. In consideration of being giving an opportunity to participate in the Activity, the Participant hereby assigns all rights, title and interest in and to the Content 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 Content, creatively in any manner as deemed fit by Star India.

1.6. 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 shall not at any time challenge and/or dispute such decision of Star India.

 

2. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

2.1. 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;

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

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

2.4. You have not prior to the submission of 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;

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

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

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

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

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

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, 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;

c. that harm minors in any way;

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

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

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

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

h. that impersonates another person;

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

j. that threatens the unity, integrity, 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.

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

 

3. General Rules of Participation:

3.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, as being either real, true, original, 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.

3.2. Star India shall not be responsible in the event the Content is not received due to any technical error of any nature whatsoever. Any response or receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of the Content due to a technical error and/or defect in the functioning of the website, server or Social Media Platform(s), 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 Content or part thereof is not received or submitted due to any technical error of any nature whatsoever. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India. For the avoidance of doubt, by submitting the Content the Participant(s) is representing that the Content or any part thereof is not confidential or comprise any sensitive personal information.

3.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, Group companies and/or their authorized representatives to record any other Material (as defined hereinafter) for the purposes of the Activity and/or Program and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit.

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

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

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

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

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

3.5. For the purposes of this Activity, by uploading and /or submitting the Content, the Participant(s) agree and undertake to be unconditionally bound by the respective terms and conditions, terms of use, privacy policy and user generated content policy(ies) of the social media platforms, namely Facebook, Twitter and Instagram. It is further clarified that such social media platforms specified hereinabove reserve the sole and exclusive right to make any amendments to its terms and conditions, terms of use, privacy policy and/or user generated content policy(ies) 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 social media platforms in any other format other than that prescribed by such social media platforms 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 Facebook, Twitter or Instagram shall be resolved directly by the Participant(s), without any recourse to Star India.

3.6. The Participant will be solely responsible for complying with the terms stipulated by Facebook, Twitter and/or Instagram 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).

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

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

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

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

3.11. 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 and/or the Film;

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

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

3.14. 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;

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

3.16. 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;

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

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

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

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

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

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

3.23. 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.

3.24. You acknowledge and confirm that neither the Star India licensors nor any of the respective Star India licensor’s affiliates are in any manner whatsoever associated with the Activity or responsible for the Prize, gratification or merchandise provided to the Participant.

3.25. Warranty Disclaimer: You agree that Your 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 on the Social Media Platform(s) or the content of any websites linked to the Social Media Platform(s) and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Social Media Platform(s), (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Social Media Platform(s), (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 Platform(s) (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 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.

3.26. 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.

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

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

3.29. 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;

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

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

3.32. You have the rights to: (i) review your Personal Information (defined below) for deficiencies and inaccuracies, and request Star India to correct or amend the Personal Information, to the extent deemed feasible by Star India; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that Star India shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Personal Information prior to such withdrawal of consent or request for correction or amendment of Personal Information. Additionally, upon any such withdrawal of consent or request to review and correct or amend my Personal Information, Star India shall be entitled to disqualify your entry and/or participation in the Activity, as deemed fit and necessary by Star India at its sole discretion.

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

3.34. Subject to the provision of Paragraph 3.33 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

3.35. 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.

3.36. 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.

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

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

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

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

 

4. Declaration by the Participant:

4.1. I hereby consent to the collection, receipt, storage, use, transfer and retention of my personal information as defined under the Information Technology Act, 2000 and the rules and regulations promulgated thereunder including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“ Personal Information”), which Personal Information is subject to: (i) the Privacy Policy, and (ii) the following terms and conditions :

4.2. I acknowledge and agree that:

4.2.1. I have read, understood and accepted the Terms and Conditions and Privacy Policy and I understand and agree that my Personal Information is subject to the terms of these Terms & Conditions and the Privacy Policy.

4.2.2. My Personal Information may include information inter alia name, date of birth, address, email address, age gender, marital status, place of birth, contact details, photograph, language spoken and citizenship/nationality.

4.2.3. My Personal Information may be collected by Star India pursuant to these Terms and Conditions, in connection with the Activity and it may be necessary for Star India to collect the Personal Information for the Activity and the uses set out below in 4.2.4 below.

4.2.4. I hereby provide my irrevocable consent to my Personal Information to be used in various formats, manner and media, including television, digital, print for marketing and promotional activities, as deemed fit by Star India, in respect of the Activity on any platforms including Social Media Platforms, channel(s) owned by Star India and/or the digital platform (hotstar) of Star India’s affiliates – Novi Digital Entertainment Pvt. Ltd.

4.2.5. My Personal Information may be shared by Star India with any designated third party(ies), as deemed fit, in connection with the Activity or for any other purpose including but not limited to any marketing activity.

All my Personal Information 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 Personal Information or any inaccuracies or deficiencies in my Personal Information. Star India has provided me with the option to opt out of providing my Personal Information, and I have not exercised such option.

Radha Krishn

Terms & Conditions

These terms and conditions (“Terms and Conditions”) uploaded on http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”) shall be binding on each User (defined below) who shall be 18 years of age or above and a citizen of and resident in India who voluntarily wishes to give a missed call on the Toll Free Number to download the song of Radha Krishn of duration of two (2) minutes (“Song”) available at the Website for the period commencing from September 3, 2018 upto October 1, 2018 (both inclusive) (“Term”) in respect of the program titled “RADHA KRISHN” (“Activity”) produced by Star India Private Limited (“STAR INDIA/Company”) aired on the channel STAR Bharat (SD and HD) (“Channel”).

1. 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 participation in the Activity. By participating in the Activity, i.e., by calling on the Toll Free Number, 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 participating in the Activity, i.e., by calling on the Toll Free Number, You agree that You have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Terms and Conditions and the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not proceed to call on the Toll Free Number or download the Song. The decision of STAR INDIA for all matters in connection with your call on the Toll Free Number and/or downloading of the Song shall be final and binding in all respects. The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to the missed call by the User gathered hereunder (“Personal Information”).

2. The Users interested in participating in the Activity must be above the age of 18 (eighteen) years and a citizen and resident of India (“ User”). The Users should not have any criminal conviction or an arrangement or a contract that prevents the Users from participating in the Activity.

3. Proof of age and residence, if requested, of the User(s) must be submitted to STAR INDIA as may be required by STAR INDIA to confirm the eligibility of the User(s).

4. To download the Song, the User shall give a missed call through their landlines/mobile numbers by dialing the Toll Free Number 18005727272 (“ Call”).

5. The Calls of the Users shall be deemed to be received when subsequent to the User giving a missed call, he/she will hear recorded message acknowledging the Call. Pursuant to the Call, the User may / shall receive a short message service (“SMS”) to click on a hyperlink http://radhakrishn.hotstar.com (“Webpage”) to download the Song.

6. Calls made after the Term will not be considered and the Users shall not receive a SMS and/or download the Song.

7. STAR INDIA and/or the Channel reserve the right to modify the Activity at any time, at its discretion without prior intimation. STAR INDIA reserves all rights to make amendments to the existing Terms and Conditions or withdraw, change, alter the Activity without assigning any reasons and/or without giving any prior notice. Such decision shall be final and binding on the User(s) and to the extent permissible in law the same shall not be disputed and/or challenged in a court of law by the User(s). It shall be the sole responsibility of the User(s) to review the Terms and Conditions and Privacy Policy, from time to time.

8. User(s) agree, understand and acknowledge that there is no prize/gratification for the Activity including but not limited to Calling and/or downloading the Song as detailed herein. It is clarified that all costs including mobile data charges, if any, towards Calling and/or downloading the Song shall be borne by the User solely without any recourse whatsoever to STAR INDIA or the Channel.

9. STAR INDIA shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, glitches, 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/Users and the telecom/mobile operator directly, without involving STAR INDIA.

10. In case of any telecom and /or network failure and /or technical failure in giving missed calls and /or having an internet session and /or logging on to the official website of STAR INDIA and/or Webpage and/or for any reasons whatsoever, STAR INDIA reserves the right to at its sole discretion to change/amend the Activity and/or Terms and Conditions during the Term, 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 including without limitation 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 User upon Calling / default in sending a SMS/ inability to download the Song/ close or default / failure/ any other difficulties of such nature due to which the User(s) is unable to Call or download the Song/ any uninterrupted, timely, secure or error-free functioning, delays, disruptions, or imperfections of the Website and/or Webpage, / failure to logging on automatic acceptance of Call stated in these Terms and Conditions and /or informed on the Activity due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of STAR INDIA.

11. To the extent permissible in law, User(s) shall not in any circumstances make any claims against STAR INDIA, the Activity, 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 the Call and/or downloading of the Song.

12. STAR INDIA is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any accidents/ injury/damage/harm/loss/death/ mental or emotional trauma suffered by the User in any manner whatsoever or for any reason whatsoever in connection to the Activity. Each User in consideration of being given opportunity to Call, agrees that the User shall hold harmless and indemnify the Channel, STAR INDIA, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the User, in any manner whatsoever in connection with the Activity and/or any Personal Information submitted by the User 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. By the act of Calling, the User(s) agrees that the User has read understood, accepted and agree to abide with all the rules and regulations of the Activity as set out herein and are unconditionally bound by the Privacy Policy.

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

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

16. User(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.

17. User(s) acknowledges and agrees that in case the Activity or any elements of the Activity cannot be fulfilled due to war, industrial action, flood or any act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of fifteen (15) days, then STAR INDIA shall be at liberty and upon their sole discretion to terminate the Activity and such decision shall be final and binding on the User(s).

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

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.

Dil hai Hindustani - Season 2

VOTING RULES

These rules for voting (“Voting Rules”) uploaded on http://www.startv.com/legal-terms-policies/#contest-tandc (“Website”) shall be binding on each Viewer (defined below) who is a citizen of and resident in India, as applicable (“Territory”) who voluntarily wishes to vote for the Final Contestants (defined below) in respect of the program titled “DIL HAI HINDUSTANI – SEASON 2” (“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 any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to voting by the Viewer(s) gathered hereunder or pursuant to this voting process by STAR INDIA (if any) (“Personal Information”). The Voting Mechanism shall be governed by the Principal Rules and General Rules stated herein.

I. PRINCIPAL RULES

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

 

1. The Program is a singing based reality program wherein contestants between the age of 5 (five) years and 70 (seventy) years (“Contestants”), across all over the world, 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 (on ground as well as digital) or levels of selection as per the format of the Program.

2. On the basis of their performance, caliber, singing techniques, screen presence, interaction with audience and overall personality at every level /stage of the selection process of the Program, STAR INDIA and/or Pritam Chakravarty, Sunidhi Chauhan and Badshah, who are the judges on the Program (“Judges”), shall at its/his sole discretion select and shortlist the final top 8 (eight) Contestants (“Final Contestants”). These Final Contestants, the exact number of which shall not exceed 8 (eight), 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 August 25, 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 Territories (“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 (2018)

Day of airing

No of Performance of Contestants

No of Contestants/Duos/ Groups At The End of Episode

Voting and Details

Voting

Start Time

Voting

End Time

8

25th August

Saturday

4

8

4 out of 8 contestants perform and make a voting appeal

8pm on 25th August

8am on 26th August

9

26th August

Sunday

4

8

4 out of 8 contestants perform and make a voting appeal

8pm on 26th August

8am on 27th August

10

1st September

Saturday

4

4

4 out of 8 contestants perform and make a voting appeal

8pm on 1st September

8am on 2nd September

11

2nd September

Sunday

4

4

4 out of 8 contestants perform and make vote appeal and 1 will be eliminated.

8pm on 2nd September

8am on 3rd September

12

8th September

Saturday

7

6

7 out of 7 contestants perform and 1 will be eliminated. Voting open for 7 contestants.

8pm on 8th September

8am on 9th September

13

9th September

Sunday

6

6

6 out of 6 contestants perform and make a voting appeal.

Voting open for 6 contestants.

8pm on 9th September

8am on 10th September

14

15th September

Saturday

6

5

6 out of 6 contestants perform and 1 will be eliminated. Voting open for 6 contestants.

8pm on 15th September

8am on 16th September

15

16th September

Sunday

5

5

5 out of 5 contestants perform and make a voting appeal Voting open for 5 contestants.

8pm on 16th September

8am on 17th September

16

22nd September

Saturday

5

4

5 out of 5 contestants perform and 1 will be eliminated. Voting open for 5 contestants.

8pm on 22nd September

8am on 23rd September

17

23rd September

Sunday

4

4 finalists

4 out of 4 contestants perform and make a voting appeal.

Voting open for 4 contestants.

To be confirmed

To be confirmed

18

29th September

Saturday

4 finalists

4 finalists

NO VOTING

To be confirmed

To be confirmed

19

30th September

Sunday

4 finalists

1 Winner

NO VOTING. PROGRAM ENDS.

To be confirmed

To be confirmed

                 

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

Radha and Divyansh

18008439701

2

Mountain Souls FT. Gaurdeep

18008439702

3

Sumit Misra

18008439703

4

Somya Sharma

18008439704

5

Akshay Dhawan

18008439705

6

Sunvinder Singh

18008439706

7

Sanjeev and Robin

18008439707

8

Michal Rudas

18008439708

(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 ‘dil ka stamp’ 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 ‘dil ka stamp’ (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. 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.

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

10. 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.

11. 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.

12. 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.

13. In the event any of the Final Contestant(s) and/or the Judges and/or any celebrities, host(s) or performer(s), musicians, 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, musicians, as deemed fit and necessary by STAR INDIA.

14. The selection of the Finale 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.

15. 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.

16. 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.

17. In the event, any of the 4 (four) 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.

Dance Plus Season 4

Terms & Condition

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

The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “DANCE PLUS SEASON 4” (“Program”) and shall be binding on each participant (Participant”, “Contestant”, “Your” and/or “You”) residing in and a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by STAR India /Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by STAR India (hereinafter collectively referred to as “Channel”).

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

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by STAR India under or pursuant to this Auditions and in relation to your participation in the same. Your act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be your absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”).If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

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

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

(i) venues located in the cities of Ahmedabad, Bangalore, Chandigarh, Dehradun, Delhi, Indore, Jaipur, Jammu, Kolkata, Lucknow, Mumbai, Pune, Silchar, Silliguri, and/or any other city/venue in the Territory, as the Company may determine, where the Contestants shall be required to attend Level 1 of the Auditions;

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

(iii) any venues in the city of Mumbai, India, where the shortlisted Contestants of Levels 2 and Level 3 are required to make themselves available for Levels 3 and Level 4 of the Auditions.

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

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

"Contestant(s)/Participant(s)" Means any natural person(s) who is between the age of 5 (five) years and 80 (eighty) years i.e. 5 (five) years or above and 80 (eighty) years or below as of July 1, 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 Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile/telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

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

Program” means the Show(s) which shall be tentatively titled “DANCE PLUS - SEASON 4

“Production House” means Frames Production Company Private Limited.

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

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

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

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

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

PRINCIPAL RULES

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

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

 

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

4. Procedure to register

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

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

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

ii. fill and execute a registration form at the Audition Centre and duly submit all personal information as may be required to be submitted by them on the registration form (“Personal Information”) in a manner and form, as requested and /or prescribed therein (“ Registration Form”).

(c) In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs in case the Contestant is a minor, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s) [and in case the Contestant is a minor, signature of his/her parents on the Registration Form duly submitted by the Contestant(s) at the Audition Centre] shall be considered a complete entry (“Entry”).

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

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

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

A. LEVEL 1

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

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

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

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

v. All Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection and/or Company may intimate the natural/legal guardian of 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 and/or the Production House. Such communication by the Company shall also give brief details of the next level of audition – LEVEL 2, address of the respective Audition Centre(s) in India, date and time of the Auditions, etc. The Contestants(s) [or the natural/legal guardian 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 phone call, as the case may be.

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 dance 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, dance 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, 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

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 Auditions located in Mumbai, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outside India in Level 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) shall be asked to perform a dance act of their choice to showcase their talent (“Act”) and may be further interviewed by the Company and/ or Panel regarding his/her background, family history, dance experience, etc.

iii. The cost of travel and lodging of such Contestant(s) shall be borne by the Company on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Contestant(s) and subject to the Contestant(s) providing the Company with actual receipts/documentation evidencing such expenses. If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other 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 or Level 2, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1 or Level 2. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

v. 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, 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 in Mumbai, India. The selected Contestants shall be eligible for the next level of selection; Level 4. The Contestants shall be informed about their selection for the next round, i.e. the televised auditions by the Company and /or its representatives which shall be tentatively held in the city of 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.

D. LEVEL 4 – (TELEVISED AUDITIONS)

 

i. Contestant(s) and parents/legal guardian of the Contestant(s) along with such Contestant(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 3 shall be required to be present in Mumbai for the next level of selection on the day/days and time specified by the Company.

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

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

iv. Level 4 will be held in Mumbai. The Contestant(s) shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“ Judges”) engaged by the Company at its sole discretion.

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

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

vii. The Company shall select Show Player(s) from amongst the Contestant(s) selected for the Level 4. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company from time to time.

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

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

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

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

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

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

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

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

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

GENERAL RULES

 

1. The Auditions is strictly open to Participant(s) between the age of 5 (five) years and 80 (eighty) years, i.e. 5 (five) years or above and 80 (eighty) years or below as of July 1, 2018 being a citizen of and residing in India during the Audition Period, as per the respective applicable laws of the Territory.

2. Employees of the Company, of the Production House, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken 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 country of which they are citizens and residents of. In case it is found to be otherwise by the Company then immediately such minor Participant shall be disqualified.

4. Participant and/or the natural/legal guardian of a Participant below the age of majority 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. 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 Videos, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

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

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

8. The Participant 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.

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

10. The 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.).

11. 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., birth certificate, school leaving certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) and natural/legal guardian of the Participant (s) (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.

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

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

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

15. 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.

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

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

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

19. The Participant(s) and natural/legal guardian of the Participant (s) (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.

20. 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.

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

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

23. 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.

24. 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 (‘Offer’). The Participant and /or natural/legal guardian of the Participant(s) on the Participant (s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

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

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

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

28. 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).

29. 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 employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

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

31. 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.

32. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) and natural/legal guardian of the Participant (s) (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 India, as the case may be. Participant(s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

33. 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.

34. All obligations, representations, warranties, grant of rights in relation to a Participant who is below the age of eighteen (18) years as on July 1, 2018 shall be deemed to be provided by the natural/legal guardian of the Participant.

35. The Participant and natural/legal guardian on behalf of the Participant (s) (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.

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

37. The participation of the Participant the in the Auditions shall mean that the Participant and natural/legal guardian on behalf of the Participant (s) (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.

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

39. Subject to the provision of 38 above, the Courts having exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

MasterChef Australia Contest

TERMS & CONDITIONS

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

These terms and conditions (‘Terms and Conditions’/ ‘ T&Cs’) govern Your participation in this Contest to be held on the Star World Twitter handle at https://twitter.com/StarWorldIndia (“Official Twitter Handle”), Star World Facebook Page at https://www.facebook.com/StarWorldIndia (“Official Facebook Page”) & Star World Instagram Page at https://www.instagram.com/starworldindia/?hl=en (“Official Instagram Handle”) from Aug 21, 2018 11:00 AM to Aug 26 10:00 PM (“Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘Your’) may voluntarily participate in the Contest and submit the Content (as defined later) subject to the Your unconditionally acceptance to comply with and abide by the Terms and Conditions and are eligible as per the Principal Rules and General Rules for participation listed herein below. If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

1. Principal Rules for Participation:

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

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

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

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

iv. The Participant should have ready, proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as Birth Certificate, 10th Class leaving certificate/school certificate/college -university degree, enrolment documents /passport/an affidavit signed by a magistrate) as may be required by Star India to confirm the eligibility of the Participant;

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

vi. Employees of Star India and their immediate family member(s) are not eligible to participate in this Contest.

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to tweet/post from the Participant’s Twitter/Facebook/Instagram handle, a tribute to Masterchef in the form of an image, video and/or text. The answers need to be unique, original and relevant and shall not contain any songs and/or any copyrightable material (‘Content’).

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

i. Written and typed in English language and shall not be more than sixty (60) words. The Content shall not contain any songs and/or any copyrightable material. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified from participating in the Contest.

ii. uploaded on Twitter/Facebook/Instagram from their own Twitter/Facebook/Instagram handle by using the hashtag (#10YearsOfGourmet) and tagging the Official Twitter Handle/Official Facebook Page/Official Instagram Handle.

iii. submitted shall be evaluated on a 4-point scale basis the below mentioned parameters and the Winner(s) shall be shortlisted on the basis of their Submissions having received 4/4 of the below mentioned parameters.:

· Innovativeness of the answer

· Original and unique answer – never done before/ never registered before.

· Impact of the answer within the word limit as prescribed.

· Contextual relevance of the answer to the questions asked.

iv. be Original and authored/ owned by the Participant (s) alone in his/her individual capacity;

v. has not prior to the Submission in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;

vi. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons , broadcasters, production houses, media companies;

vii. is not blasphemous, defamatory, in violation of any applicable laws and/or in any manner infringes the right of third party(ies) and /or their privacy rights;

viii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 2.8. herein below.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement

2. Contest Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content from the Participant’s Twitter handle. Participant(s) must enter the Contest on his/her own behalf and Content submitted by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Content from more than one Twitter account, Star India reserves the right to disqualify such Participant(s) from the Contest.

Stage 2. Internal Review: After receiving Your Submission, Star India will internally review the Content within a period of seven (7) days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Official Twitter Handle, Official Facebook Handle, Official Instagram Handle within the Contest Period, upto fifteen (15) Participants shall be shortlisted (“Shortlisted Participant(s)”) and the Shortlisted Participants whose entries are valid and compliant on the aforesaid parameters shall be declared as the Winners (“ Winners”). Such Participant(s) from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions shall be entitled to win the Prize. Under no circumstances shall the total number of winners exceed fifteen (15).

The Winners will be contacted via Direct Message (“Private Message”) no later than seven (07) days from the contest end date. It is hereby clarified that all Content submitted by the Participants under this Contest, which have not been selected as the Shortlisted Participant(s) and the Winner(s), including all copyright(s), title and interest in and to the Content shall vest with the Participants and the Participant shall be free to use and exploit the Content as per their discretion without reservation from Star India.

STAGE 4: Winners and Prize

The Winners of the Contest will have their entries feature in Star World’s Masterchef Australia 10 Tribute Video for the launch episode (the “ Prize”).

Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

2.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You 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;

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

2.4. You have not prior to the Submission 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 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;

2.5. The Details and any other information given by You in connection with the Submission is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

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

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

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

a. You undertake to ensure that the Submission 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 Submission): that belongs to another person and which You do not have right to;

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

c. that harm minors in any way;

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

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

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

g. by making a Submission by impersonating another person;

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

i. 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.

2.9. You hereby indemnify and hold harmless Star India, their employees, officers, sub-licensee, licensors, 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; (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.

3. General Rules:

3.1. You understand that Your Submission to Star India does not imply that Star India regarding the Content, or any part thereof, as being either novel, unique, valuable or usable. The Submission 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. All the legally protectable elements in the Content submitted by you shall remain protected under the applicable laws and shall continue to vest with you until accepted as per the terms stated herein ;

3.2. 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 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 purposes of these Terms and Conditions, “receipt” of Entry(ies) occurs when the Company’s server records the Entry information upon the entrant clicking “Submit/Post” button. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

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

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

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

3.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet on the Twitter/Facebook/Instagram platform, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter/Facebook/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 Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter/Facebook/Instagram shall be resolved directly with Twitter/Facebook/Instagram, without any recourse to Star India.

3.6. The Participant will be solely responsible for complying with the terms stipulated by Twitter/Facebook/Instagram 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).

3.7. Star India will have access to and collect information and data shared by the Participant(s) including the Participant(s) personal information during the course of my participation in the Contest (“Data”). By my participation in the Contest, I consent to the collection, storage, 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 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”). It is deemed that I have read, understood, accepted and agree to irrevocably, unconditionally abide by and be bound by all the Rules & Regulations and the Privacy Policy available at the above links. If I do not agree to be bound by or cannot comply with any of these Rules & Regulations and the Privacy Policy, I hereby agree not to participate in the Contest. The decision of Star India for all matters relating to my participation in the Contest shall be final and binding in all respects.

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

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

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

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

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

3.13. You hereby understand that, upon completion of Submission, You shall not withdraw the Content from the Contest for any reason whatsoever;

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

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

3.16. 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 or the Submission made by You (in part or whole) is not in compliance with the Terms and Conditions herein;

3.17. 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;

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

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

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

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

3.22. Limitations of liability: by submission of the Content, You acknowledge and agree that: any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities 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.

3.23. 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;

3.24. 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 shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

3.25. All visa, medical, health and travel insurance related costs and expenses in relation to the Contest and Your Submission shall be borne solely by the Participant (s). STAR India shall in no manner bear any responsibility or liability for any delay or other eventuality that results in the Participant (s) being unable to participate in the Contest.

3.26. The Prize Winners selected from the Contest will be required to obtain adequate national and international medical and health insurance policies from registered/ authorized Insurance companies (at their own cost and expense), to avail the Prize, the Winners and shall be mandatorily required to provide copies/ evidence of the same to STAR India prior to availing the Prize. In the event the insurance coverage amounts and grounds of insurance mentioned in the said insurance policies of the Grand Prize Winners are not adequate and does not adequately cover conditions of diseases, physical and mental illness, injuries, and death of the Grand Prize Winners, STAR India may at their sole discretion instruct the Winners travelling to obtain such medical and health insurance policies of adequate coverage at the Winner’s cost and expense, prior to availing of the trip and the Prize. In the event, the Winners is unable to obtain adequate health and medical insurance policies to avail the Prize and the trip, STAR India shall not be liable to provide the Prize and/or an alternative facility to such person and the Prize Winner [shall be effectively disqualified from the Contest, which shall final and binding on the Winners.

 

3.27. Warranty Disclaimer: You agree that Your use of the Website, upload and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest and Your use of the Website. Star India makes no warranties or representations about the accuracy or completeness of the content of this Website including this section or the content of any websites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Website including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website 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 Website / 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 Website/ Contest section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

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

3.29. 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, including at the Academy Awards 2018 otherwise Your attendance may be withdrawn or subject to limitation upon Star India and/or the Academy’s sole discretion.

3.30. 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;

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

3.32. 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;

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

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

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

3.36. 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.

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

3.38. 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.

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

#SelectShortStories Event

TERMS & CONDITIONS

The following are the terms and conditions governing the “#SelectShortStories” event (“Event”) hosted by Star India Private Limited (“Star India”). The Event shall be held at INOX Cinemas, Mumbai Atria Mall, Mumbai / INOX Bangalore Forum Mall Koramangala, Bangalore / INOX Delhi Nehru Center – 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 Venues on the following dates: Delhi (Aug 20), Bengaluru (Aug 21), Mumbai (Aug 22)

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. Star India will have access to and collect information and data shared by the Participant(s) including the Participant(s) personal information during the course of my participation in the Event (“Data ”). By my participation in the Event, I consent to the collection, storage, 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 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”). It is deemed that I have read, understood, accepted and agree to irrevocably, unconditionally abide by and be bound by all the Rules & Regulations and the Privacy Policy available at the above links. If I do not agree to be bound by or cannot comply with any of these Rules & Regulations and the Privacy Policy, I hereby agree not to submit any Data. The decision of Star India for all matters relating to my participation in the Event shall be final and binding in all respects.

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).

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.

Mutual Nondisclosure Agreement

TERMS & CONDITIONS

This Mutual Non-Disclosure Agreement (the “ Agreement”) is made on this __________ day of ____________, 2018 and effective from August 6, 2018 (the “Effective Date”) by and between: Star India Private Limited a company incorporated under the Companies Act, 1956, with its registered office at Star House, Urmi Estate, 95, Ganpatrao Kadam Marg, Lower Parel (W), Mumbai 400 013, India (hereinafter referred to as “Party-1”), of the one part; and DFL Deutsche Fußball Liga GmbH , incorporated under laws of Germany and having its office at DFL German Football League GmbH Guiollettstraße 44-46 60325 Frankfurt am Main (hereinafter referred to as “Party-2”) of the other part.

Party-1 and Party-2 are hereinafter collectively and individually referred to as ‘Parties’ or ‘Party’ respectively.

WHEREAS this Agreement is executed by Party-1 and Party-2 to assure the protection and preservation of the confidential and/or proprietary nature of information to be disclosed to each other in connection with access provided to Party-1’s pages and platforms on Facebook, available at the URL www.facebook.com/starfootball (the “ Network Handle”) with the intention of promoting Party -2’s content on the Network Handle (the “Purpose”). The Parties agree that the following terms apply when one of the Parties (“Receiving Party”) receives Confidential Information from the other Party or a third party (“ Disclosing Party”).

In reliance upon and in consideration of the following mutual undertakings, the Parties agree as follows:


1. Confidential Information: Subject to the exclusions set forth in Section 2, “Confidential Information” means any and all information relating to either Party or its Affiliates, including but not limited to, the terms and conditions of this Agreement, any trade secret, information, process, technique, know-how, methodology, programming or marketing concept or idea, campaigns and campaign-related data, ad spend data, username/ passwords to any account, marketing or product development strategy, programming plan, business practice, apparatus, equipment, algorithm, computer program (source and object code), design, drawing, formula or test data relating to any research project, work in progress, future development, engineering, manufacturing, procurement requirement, purchasing, marketing, servicing, financing or personnel matter relating to the Party or its Affiliates, their present or future products or business, business forecast, sales, strategies, budgets, financial information, projections, information and data concerning costs, profits, market share, subscribers, suppliers, clients, customers, employees, investors or business, financial information, whether in oral, written, graphic or electronic form or otherwise, contracts, agreements and other arrangements entered into by the Party and its Affiliates and information relating to any research, including but not limited to, all aspects pertaining to the Party, whether in oral, written, graphic or electronic form.

2. Exclusions. The term “Confidential Information” does not include information which: (a) is now, or hereafter becomes, through no act or failure to act on the part of the Receiving Party, generally known or available in the public domain; (b) is independently known by the Receiving Party at the time of receiving such information as evidenced by its written and dated records; (c) is hereafter obtained by the Receiving Party from a third party who was legally entitled to possess and disclose such Confidential Information; or (d) can be proven to have been independently developed by the Receiving Party, as evidenced by contemporaneous written and dated records, without using any of the Disclosing Party’s Confidential Information or breaching this Agreement.

3. Restrictions/Obligations. Each Party that is a “Receiving Party” agrees that during the Term (as defined in Section 6) of this Agreement, it will and that it will procure that its Affiliates will: (i) only disclose Confidential Information to those employees, directors, and officers (“ Authorized Parties”) on a need-to–know basis, provided, the Receiving Party ensures that such Authorized Parties are aware of and comply with the obligations relating to Confidential Information as those stated in this Agreement; (ii) not disclose any Confidential Information to any third party; (iii) use Confidential Information only to the extent required for the Purpose; (iv) not reproduce Confidential Information in any form except as required for the Purpose; (v) not publish, reverse engineer, decompile, or disassemble any Confidential Information; (vi) not directly or indirectly export or transmit any Confidential Information to any country to which such export or transmission is restricted by regulation or statute; (vii) take all reasonable measures to protect the secrecy of and avoid the disclosure of Confidential Information otherwise than as permitted by the Agreement which shall include the highest degree of care that the Recipient Party uses to protect its own confidential information and any additional steps that the other Party may reasonably specify and (vii) promptly provide the Disclosing Party with notice of any actual or threatened breach of the terms of this Agreement. However, a Party may disclose Confidential Information in accordance with applicable law or regulation or pursuant to a judicial or other governmental order, provided that such Party shall give the Disclosing Party reasonable prior written notice prior to such disclosure so that the Disclosing Party may seek a protective order or other appropriate remedy; in the event that no such protective order or other remedy is obtained, or the Disclosing Party waives compliance with the terms of this Agreement, such Party will furnish only that portion of Confidential Information which it is legally required to disclose and will exercise all reasonable efforts to obtain reliable assurance that confidential treatment will be accorded such Confidential Information. The Receiving Party will be responsible for any breach of this Agreement by any of its Authorized Representatives.

4. Ownership and return of Confidential Information. All Confidential Information (including copies thereof) shall remain the property of the Disclosing Party and shall be returned (or, at the Disclosing Party’s option, certify such destruction) upon written request or upon the Receiving Party’s need for it having expired, and in any event, upon completion or termination of this Agreement. Both Parties agree that they will within ten (10) days of written notification from the other Party or on termination, whichever is earlier, return or destroy all documents and tangible items of the other Party in their possession, which contain any Confidential Information and from which, the Confidential Information cannot be removed or extracted and provide a certificate of destruction if such Confidential Information is destroyed. Notwithstanding the return or destruction of Confidential Information, each Party will continue to be bound by its obligations hereunder during the Term. Any oral Confidential Information will continue to be subject to this Agreement. No rights or licenses to trademarks, inventions, copyrights, patents or trade secrets or other intellectual property rights arise or are implied or granted under this Agreement. The Receiving Party shall not at any time use for his own benefit or the benefit of any third party any information disclosed from access to or work with the Disclosing Party, Confidential Information including, but not limited to, ideas, concepts, know-how or techniques.

5. Disclaimer. Confidential Information is delivered “as is”, and all representations and warranties, express or implied, including fitness for a particular purpose, merchantability, and non-infringement, are hereby disclaimed. No Party is entitled to rely on the accuracy or completeness of any Confidential Information.

6. Term. This Agreement shall be in force for a period of two (2) years from the Effective Date. This Agreement may be terminated by either Party at any time upon thirty (30) days written notice to the other Party. Provided however that the termination or expiry of this Agreement shall not relieve any Party of its obligations with respect to Confidential Information disclosed under this Agreement.

7. Equitable Remedies. The Parties acknowledge that monetary damages may not be a sufficient remedy for breach of this Agreement or the threat thereof and that each Party shall be entitled, without waiving any and in addition to all other rights or remedies available to it, and without proof of special damage, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

8. General.

8.1. For the purpose of this Agreement “Affiliates” means in relation to any person not being a natural person, any other person which Controls or is Controlled by, or is under the common Control with the first-mentioned person; and “Control” means the power, directly or indirectly, to direct, cause the direction of the management and policies of a person, whether by ownership of 50% or more equity interest, by contract or otherwise (and “Controls “and “Controlled by” shall have the corresponding meaning).

8.2. The failure by either Party at any time to require performance by the other Party of any provision of this Agreement will in no way affect the right of that Party to require performance of that or any other provision, and the waiver by a Party of any breach of this Agreement will not be construed as a waiver of any continuing or succeeding breach of that provision, a waiver of the provision itself or a waiver of any other right under this Agreement.

8.3. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding and/or agreement between them relating to the subject matter of the Agreement. Any variation to this Agreement will be binding only if it is recorded in writing and signed by both Parties.

8.4. Neither Party has an obligation under this Agreement to purchase any item or service from the other Party.

8.5. This Agreement may be executed in one or more counterparts, each of this will be deemed an original, and these counterparts will constitute one and the same instrument.

8.6. Neither Party may assign or transfer any of its rights or obligations under this Agreement in whole or in part without the prior written consent of the other Party.

8.7. Each provision of this Agreement shall be construed as separate and severable and if one or more of the provisions is held to be in any way unenforceable (in whole or in part) for any reason, the remaining provisions (or parts thereof) as appropriate shall continue to be binding and enforceable.

9. Notices. Any notice to be issued by a Party shall be in writing and shall be served by reputed courier, speed post or confirmed facsimile.

10. This Agreement constitutes the entire agreement between the Parties and shall be governed by, and construed in accordance with the laws of State of New York and the courts of New York shall have the exclusive jurisdiction in relation to the subject matter hereof.

IN WITNESS WHEREOF the duly authorized representatives of the Parties have caused this Agreement to be executed on the date first hereinabove written.

For STAR INDIA PRIVATE LIMITED For DFL DEUTSCHE FUßBALL LIGA GMBH

 

 

 

_______________________ _______________________
Authorized Signatory Authorized Signatory

 

 

Witnessed by: Witnessed by:

 

_______________________ _______________________

Name: Name:

Dance Plus – Season 4 India Auditions

TERMS & CONDITIONS

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

The following terms and conditions (“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “DANCE PLUS SEASON 4” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing in and a citizen of India (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by STAR India /Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by STAR India (hereinafter collectively referred to as “Channel”).

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

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information ( defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by STAR India under or pursuant to this Auditions and in relation to your participation in the same. Your act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be your absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”).If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

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

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

(i) venues located in the cities of Ahmedabad, Bangalore, Chandigarh, Dehradun, Delhi, Indore, Jaipur, Jammu, Kolkata, Lucknow, Mumbai, Pune, Silchar, Silliguri, and/or any other city/venue in the Territory, as the Company may determine, where the Contestants shall be required to attend Level 1 of the Auditions;

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

(iii) any venues in the city of Mumbai, India, where the shortlisted Contestants of Levels 2 and Level 3 are required to make themselves available for Levels 3 and Level 4 of the Auditions.

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

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

"Contestant(s)/Participant(s)" Means any natural person(s) who is between the age of 5 (five) years and 55 (fifty five) years i.e. 5 (five) years or above and 55 (fifty five) years or below as of July 1, 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 Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile/telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

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

Program” means the Show(s) which shall be tentatively titled “DANCE PLUS - SEASON 4

“Production House” means Frames Production Company Private Limited.

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

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

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

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

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

 

PRINCIPAL RULES

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

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

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

4. Procedure to register

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

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

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

ii. fill and execute a registration form at the Audition Centre and duly submit all personal information as may be required to be submitted by them on the registration form (“Personal Information”) in a manner and form, as requested and /or prescribed therein (“ Registration Form”).

(c) In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs in case the Contestant is a minor, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s) [and in case the Contestant is a minor, signature of his/her parents on the Registration Form duly submitted by the Contestant(s) at the Audition Centre] shall be considered a complete entry (“Entry”).

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

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

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

 

A. LEVEL 1

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

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

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

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

v. All Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection and/or Company may intimate the natural/legal guardian of 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 and/or the Production House. Such communication by the Company shall also give brief details of the next level of audition – LEVEL 2, address of the respective Audition Centre(s) in India, date and time of the Auditions, etc. The Contestants(s) [or the natural/legal guardian 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 phone call, as the case may be.

 

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 dance 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, dance 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, 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

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 Auditions located in Mumbai, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outside India in Level 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) shall be asked to perform a dance act of their choice to showcase their talent (“Act”) and may be further interviewed by the Company and/ or Panel regarding his/her background, family history, dance experience, etc.

iii. The cost of travel and lodging of such Contestant(s) shall be borne by the Company on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Contestant(s) and subject to the Contestant(s) providing the Company with actual receipts/documentation evidencing such expenses. If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other 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 or Level 2, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1 or Level 2. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

v. 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, 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 in Mumbai, India. The selected Contestants shall be eligible for the next level of selection; Level 4. The Contestants shall be informed about their selection for the next round, i.e. the televised auditions by the Company and /or its representatives which shall be tentatively held in the city of 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.

 

D. LEVEL 4 – (TELEVISED AUDITIONS)

i. Contestant(s) and parents/legal guardian of the Contestant(s) along with such Contestant(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 3 shall be required to be present in Mumbai for the next level of selection on the day/days and time specified by the Company.

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

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

iv. Level 4 will be held in Mumbai. The Contestant(s) shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“ Judges”) engaged by the Company at its sole discretion.

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

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

vii. The Company shall select Show Player(s) from amongst the Contestant(s) selected for the Level 4. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company from time to time.

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

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

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

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

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

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

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

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

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

 

GENERAL RULES

1. The Auditions is strictly open to Participant(s) between the age of 5 (five) years and 55 (fifty five) years, i.e. 5 (five) years or above and 55 (fifty five) years or below as of July 1, 2018 being a citizen of and residing in India during the Audition Period, as per the respective applicable laws of the Territory.

2. Employees of the Company, of the Production House, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken 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 country of which they are citizens and residents of. In case it is found to be otherwise by the Company then immediately such minor Participant shall be disqualified.

4. Participant and/or the natural/legal guardian of a Participant below the age of majority 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. 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 Videos, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

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

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

8. The Participant 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.

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

10. The 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.).

11. 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., birth certificate, school leaving certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) and natural/legal guardian of the Participant (s) (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.

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

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

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

15. 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.

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

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

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

19. The Participant(s) and natural/legal guardian of the Participant (s) (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.

20. 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.

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

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

23. 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.

24. 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 (‘Offer’). The Participant and /or natural/legal guardian of the Participant(s) on the Participant (s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

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

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

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

28. 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).

29. 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 employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

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

31. 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.

32. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) and natural/legal guardian of the Participant (s) (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 India, as the case may be. Participant(s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

33. 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.

34. All obligations, representations, warranties, grant of rights in relation to a Participant who is below the age of eighteen (18) years as on July 1, 2018 shall be deemed to be provided by the natural/legal guardian of the Participant.

35. The Participant and natural/legal guardian on behalf of the Participant (s) (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.

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

37. The participation of the Participant the in the Auditions shall mean that the Participant and natural/legal guardian on behalf of the Participant (s) (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.

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

39. Subject to the provision of 38 above, the Courts having exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

Bigg Boss Housemate Hunt Contest

TERMS & CONDITIONS

These terms and conditions set forth the terms of the agreement between Star India Private Limited ( Limited ( STAR/SIPL”) and each participant (“ Participant and/or “You/Your”) in, United Arab of Emirates (collectively “Territory”) who participates in the “Bigg Boss Housemate Hunt Contest” (“ Contest”) in connection with the Program defined herein below

Star has acquired the license to produce and broadcast in Afghanistan, Algeria, Bahrain, Chad, Djibouti, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Somalia, South Sudan, Syria, Tunisia, United Arab Emirates, Yemen, Tanzania, Kenya, Uganda, Rwanda, Burundi, Malawi, Mozambique, Democratic Republic of Congo, Zambia, Botswana, Zimbabwe, Seychelles, the television series provisionally entitled “Bigg Boss-Season 1” in Malyalam language (“Programme” or “Program”/ “Show”) based on the format based show viz. “Big Brother” owned by Endemol Shine IP B.V. (the “Format”). This Program shall be produced by the third party production house (‘Producer’) for and on behalf of SIPL primarily for the purpose of telecast on SIPL’s channel namely “Asianet Middle East”

The Program involves filming the daily interaction within a group of people i.e., the participants as chosen and finalized by SIPL for the Program during the period as decided by SIPL (as per its sole discretion) living in a house situated in restricted surroundings in an area isolated and completely cut off from the outside world and specially constructed for the Program (“the House”), which group of people shall be as self-sufficient as possible with no or minimal privacy from the outside world and being on camera 24 (twenty-four) hours a day during the period of their stay in the House and the appearance/participation being broadcast, which includes live relay, by all means including television.

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.starselect.comshall 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 “Asianet ME”, “Asianet Radio”, (“Channel(s)”) and on its Facebook Page at the URL, https://www.facebook.com/AsianetME/ , https://www.facebook.com/asianetradiome/ (“Facebook Page ”)

The Contest shall commence on July 22 31 , 2018 at 12:00 AM AST and shall conclude on August 13 31 , 2018 at 6 pm AST (“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 Gratifications, 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. The Contest promo shall appear on the Channel(s) in the form of on-air promo and/or on the Facebook Page. The questions shall be flashed at any time during the Contest Period as such number of times decided by STAR.

2. To enter the Contest, Participant(s) must watch the Channel(s) during the Contest Period and explain why they should be part of Bigg Boss Malayalam and deserves the gratification. To send in their entries, Participant(s) will email their entry to marketingme@startv.com (“ Entry”).

3. Only the first Entry per Participant(s) shall be allowed and considered for the purpose of the Contest. For the sake of clarity, if a Participant(s) has/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.

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

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

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

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

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

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

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

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

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

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

14. The Participant(s) represents and warrants that the persons appearing in the Entry are the Participant(s) and his wife alone and. The Participant(s) represents that the Entry is authentic and not fabricated for the purposes of the Contest.

(III) Selection Process and Gratification:

A. Level 1:

 

i. Subject to the Participant(s) having made a valid Entry, all the Entries fulfilling the criteria set out herein shall be viewed and rated by a panel comprising of the representatives of the Company or its representatives, as selected and determined by the Company in its sole discretion. This panel shall rate the Entries on the basis of their personal back ground, overall personality or any other criteria determined by the Company in Company in its sole discretion. The decision of the Company with regard to the composition of the panel shall be final and binding on the Participant(s).The panel shall have the sole authority to judge and rate the Entries and their decision shall be final and binding on all Participants. Based on the evaluations of the Entries by the panel, the panel shall shortlist ten (10) participants for Level 2.

 

B. Level 2:

 

i. The ten (10) Participant (s) selected and shortlisted for Level 2 shall will feature in a promo(s) where they will appeal for votes from audiences/viewers. The voting will take place on Asianet Middle East Facebook page with url https://www.facebook.com/AsianetME/ , https://www.facebook.com/asianetradiome/

 

ii. The top 5 Entries of these 10 shortlisted Participant(s) with highest number of votes will move on to Level 3.

 

C. Level 3:

 

i. The top 5 Entries at Level 2 will have closed door auditions with the EndemolShine creative team (“Audition”). These shortlisted Participant(s) shall be required to be present on the day and time specified by the Company. The cost of travel and lodging of such Participant(s) shall be borne by the Participant himself/herself. 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.

ii. The Participant(s) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents and also furnish the documents as sought and as required by the Company, to verify the personal information provided by the Participant(s). Each of the selected Participant(s) shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

iii. The shortlisted Participant(s) shall be interviewed and evaluated by a panel comprising of representatives of the Company and /or EndemolShine creative team, basis criteria and parameters as deemed fit by them at their discretion.

iv. The panel shall select the select the one Entry amongst the 5 shortlisted Entries at Level 3 to be the winner of the Contest (“Winner”)and shall get the opportunity to be a guest to the Program and will get to spend a maximum of 7-10 days inside the House (“Gratification”).

v. The Winner shall be required to do the following : following: (i )make ) make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company from time to time,(ii) reside in the House and abide by the format rules and terms and conditions as decided by the Company at its sole discretion, and (iii) be present at the Studio at the time and date communicated by the Company. The Winner must always be present at the House/studio at the time and date communicated by the Company. Being absent at the House/Studio at a time and place communicated to the Winner may result in disqualification from the Auditions at the sole discretion of the Company.

vi. The Winner agrees and undertake to unconditionally execute unconditionally execute such agreement and declarations and provide such additional documents, as sought by the Company in its sole discretion in respect of their participation in the Program.

vii. Irrespective of whether the Participant (s) have been disqualified and /or eliminated at any of the Levels of the Auditions and fail to proceed further or if their Entries have been disqualified at any Levels of the Auditions , the Company and /or the Channel shall continue to have the right to Exploit and /or publish the Entries submitted by them as part of their Entries on the Website and /or any digital platforms owned by the Company worldwide in perpetuity.

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

ix. The Winner must be individual citizens/resident of the Territory, who have attained the age of majority at the start date of the Contest Period and legally married to the Participant(s) under the laws of the Territory.The Territory. The Winner will be contacted on the mobile numbers and email addresses through which the Entry was submitted. Such Winner will be required to submit scanned copies of 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. In the event, Winner fail to submit the Documents within the stipulated time, their participation shall be invalidated and they shall forfeit their chance to win the Gratification. It is clarified that STAR shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s).

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

xi. The Winner shall be solely responsible for 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 Gratification description informed to the Winner from time to time.

xii. STAR has the sole right to select the hotel accommodation. If the Winner upgrades herself or themselves in relation to the stay, the cost of up-gradation shall be borne solely by them.

xiii. STAR assumes no responsibility towards the safety of the Winner during the /stay or transit period.

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

xv. The Winners and their respective husbands shall make a declaration as to their physical and mental fitness to stay 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.

xvi. All ancillary costs associated with including expenses, taxes, costs, etc, is the sole responsibility of the Winner.

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

xviii. 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) and the Winner have waived their right to dispute any decision(s) made by STAR.

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

 

IV. Other Terms / General Rules

i. The Participant hereby represent that the Participant is not under any exclusive contracts with any other third party/ agency or not under any kind of disqualification under any law to enter into an agreement with SIPL (as may be required) as the case may be and/or to participate in the Audition or the Program (if selected).

ii. Participant(s) who have participated in singing based reality shows /programs and /or appeared /feature 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 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

iii. Each Participant shall have in his/her possession any or all of the valid and subsisting legal documents as mentioned below to prove his/her age and shall also provide necessary documents (as listed below) as proof of Name / address / nationality / citizenship:

a. Driving license;

b. Permanent Account Number (‘PAN’);

c. Aadhar Card;

d. Voters identity card;

e. School leaving certificate;

f. Birth certificate;

g. Ration card;

h. Passport;

i. Mobile bill

j. any other document as may be required by SIPL from time to time.

iv. The Participants agree that they will be required to submit all valid proofs of name/ age/ address/ nationality/citizenship and/or any other document as may be required by SIPL from time to time.

v. All representations, warranties, obligations, undertakings, terms and conditions stated herein that apply to the Participant shall be deemed to be applicable and binding the Participant liable for any breach / non-compliance of the terms and conditions.

vi. SIPL reserves the right to include without limitation any additional rounds of Auditions, subsequent rounds of auditions in any form and manner, subsequent rounds/levels, theme/feature such as a wild card entry, viewer’s choice, public demand, etc. in the Audition process, and/or between any round/phase of the Auditions, including, introducing any wild card entry, that shall include any person/celebrity guest /public figure etc. as a wild card entrant/participant in the House at any time during any stage of the Show. SIPL reserves all rights to increase or decrease the number of rounds/levels of the Audition at anytime at SIPL’ sole discretion and the Participant shall not have any right to object against the same and any such changes shall be deemed to be binding on all the Participants.

vii. If for any reason the Auditions / subsequent rounds of auditions are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, on the Website and/or issue /delay in transit and/or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Auditions, SIPL reserves the right, at its sole discretion, to disqualify any individual who may be responsible and/or who tampers with the entry /registration / Audition process, and to cancel, modify or terminate the Audition or any part of the Audition. Further, SIPL reserves the right to take legal action against such Participant who has committed a breach under the Cyber laws (Information Technology Act, 2000 including all its amendments thereof) and/or any other laws as may be applicable from time to time and SIPL shall be entitled to such remedies in law and/or equity as applicable and as stated herein.

viii. SIPL shall not be held responsible in the case of a server shut-down or loss of Participant’s Entry/ data due to any reason whatsoever.

ix. SIPL shall not be responsible for any delay in receipt or non-receipt or incomplete receipt or corrupt receipt of Entry / other details of the Participant. SIPL shall not be responsible for any technical difficulties or data corruption that may arise during recording/upload of the Entry/content. Further, SIPL shall not be responsible and/or liable in any manner whatsoever in case the Participants are unable to register their entry and participate in the Audition due to failure on part of the internet service provider, facility provider, etc. Shortlisted entries shall be intimated as per the contact details provided. SIPL does not accept any responsibility for any incorrect and/or incomplete communication detail provided and/or delay in receipt of communication and/or non-receipt of communication.

x. The Participants shall report to such venue as may be informed by SIPL at the date and time so mentioned and any delay in reporting shall automatically disqualify the Participant from participating in subsequent auditions.

xi. The cost of travel and accommodation for attending the “Venue Auditions” (if any) at a place as informed by SIPL shall be borne solely by the selected Participants and SIPL shall not be liable for the same.

xii. All Participants shall maintain the decorum of the audition venue (if any) and shall abide by the rules and regulations thereof. Further the instructions of SIPL shall be adhered to strictly. Any Participant who acts in contravention to the instructions of SIPL or creates nuisance in any manner shall immediately be disqualified from participating in the Auditions.

xiii. The Participants shall at all times make themselves aware of the selection process and all details regarding the Show which he/she might be informed of or which he/she might learn or come to know of as a Participant in the Audition or as a short listed potential Participant. The Participant shall at no time communicate to any third person or the media or give any interviews on his/her participation in the Audition or potential participation in the Show without prior written consent of SIPL.

xiv. SIPL reserves the right to change/ modify these terms and conditions and/ or criteria of the Audition, at any time at their sole discretion, without any prior notice and without assigning any reasons for the same. The Participants shall make themselves aware of any change in the terms and conditions/rules of the Audition by visiting the Website from time to time and the Participants shall be bound by any such revised /amended terms and conditions/amended rules. SIPL shall not be responsible or liable towards any Participant and/or any third party in relation to the same.

xv. The decision of SIPL in connection with the Audition shall be final and binding and is non-contestable. In case of any dispute or difference in respect of this Audition, the decision of SIPL shall be final and binding on all concerned.

xvi. The selected Participants shall be intimated by SIPL directly. SIPL shall not entertain any questions, correspondence, and enquiries on the manner of conduct /evaluation and/or selection criteria of the Audition from any person /party whatsoever.

xvii. Apart from the prospective entitlement to be part of the television reality show “Bigg Boss - 2” subject to selection and written intimation by SIPL to such selected Participant(s) (as decided by SIPL as per its sole discretion), the Participant/selected participant or his/her legal heirs will have no other rights or claims against SIPL, the Producer and their respective /affiliates/sponsors, etc. Further, SIPL has the sole, unfettered and absolute discretion to select for participation in the Program and that SIPL’s decision in this regard is final and absolute. The selection criteria indicated herein is indicative and SIPL retains absolute right and discretion to decide on the issue of selection and entry into the Program.

xviii. SIPL shall not be liable for any loss, injury, mental/psychological issues like anxiety, depression, stress etc. or even death caused to the Participant during his/her participation in the Audition and/or the Program.

xix. SIPL will also not be liable for any loss of earnings, employment, opportunity and/or otherwise caused to the Participant and arising as a result of his/her participation in the audition or the Show, if selected.

xx. The Participant understands that getting shortlisted in the Audition is only a preliminary step towards participation in the Show and it shall be the absolute and sole discretion of SIPL and SIPL to allow participation based on creative requirements and the Participant acknowledges this right of SIPL without any dispute or claim. Even after shortlisting the Participants, SIPL shall have the absolute right to replace any of the Participants as per their discretion and creative requirement without any liability to any Participant / person/party whatsoever.

xxi. All Participants shall have to carry a copy of a document identifying him/her as the citizen of the Territory or any other national and valid proof of his/her permanent and current address, age, nationality, etc. and such documents as may be required in order to be eligible to participate in the Audition and participation in the Show.

xxii. The Participants should not be legally barred from traveling to any such places as may be required as a part of the participation in the Show nor should have any criminal records or such other issues hampering participation in the Show and undertakes to declare the same at the time of audition and participation in the Show, if selected, and hereby agrees that SIPL shall have sole authority at its discretion to disqualify any Participant from the audition or participation in the Show at any point of the Show.

xxiii. All registrations shall be subject to completion of the procedures by the Participant as per instructions given by SIPL or the authorized representatives of SIPL. SIPL shall not be liable for any failure of receipt or incomplete registrations. The Participant shall retain the acknowledgment email/message and provide the same on demand at the Audition venue along with necessary identity documents and proof of age. SIPL may disallow entry to the Audition in the event the Participant is not able to provide/ produce the registration code, if any, duly completed registration form and/or the documents as required by SIPL. On verification, if any of these documents are not found to be in order, the participation of the Participant in the Audition or the Show may be terminated immediately by SIPL without any liability.

xxiv. Apart from the registrations, SIPL may at its discretion provide a chance for entry to the Audition for unregistered people also including but not limited to foreign nationals, celebrities from the film industry (India /international), famous personalities (from India /international) provided all the terms and conditions are duly complied with.

xxv. Participation in this Audition implies acceptance, without protest, of all the rules set forth by SIPL for the Audition and the Terms and Conditions herein contained. Acceptance of the Terms and Conditions by the Participant irrespective of such participation leading to selection or not, constitutes permission for SIPL, and its affiliates to click photographs, record videos of the Participant and use the Participant’s name including sobriquet, photographs, images, likeness, voice, audio-video, comments/remarks/bytes for advertising and promotional purposes in and through any mode, media, format, medium for worldwide territory for purposes of advertising and trade without any compensation whatsoever.

xxvi. On request of SIPL, the Participant shall also make arrangements for SIPL to have access to his/her residence, work place, favorite hangouts, pets, etc. and obtain necessary permissions from his/her parents, siblings, friends, colleagues to be photographed, interviewed, to record comments, bytes and to record and/or click their photographs, videos, etc. as required by SIPL.

xxvii. Any photographs, audio visual recordings, audio / video clips, performance executed (including audio and video), musical recordings (audio and video), content, materials, audio / video clips, bytes, etc. provided/uploaded/ submitted by the Participants on the Website and/or otherwise (‘Content’) shall upon creation /submission be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of SIPL and shall become the property of SIPL and accordingly all intellectual property rights including copyrights as per the Copyright Act, 1957 and/or any other equivalent provision thereof under applicable laws, in the Content shall vest with SIPL and SIPL shall have unfettered exploitation rights in and to the Content, through any and all modes and medium of exploitation, throughout the world in perpetuity. The Participant expressly agrees to his /her subsequent audition and participation at any stage including in the Program (if selected) being recorded and telecast as a part of the Program and/or for promotion of the Program and/or on a stand-alone basis, as required by SIPL (“Recording”) and all the rights (including intellectual property rights) in and to such Recording shall be deemed to have been assigned exclusively, in perpetuity, and throughout the entire world, in favor of SIPL. The Participant hereby grants to the Channel and SIPL/its affiliates/group companies etc., the unfettered right to exploit exclusively and in perpetuity, throughout the universe, the Content and /or Recording, and its derivatives thereof and/ or any part thereof, through any and all means including but not limited to the right to use the Participant’s name, photographs, likeness, voice, audio –visual / videos, photographs, videos, Content, Recording, etc. provided/submitted as aforesaid to SIPL and/or recorded by SIPL / Producer during the Audition/ subsequent auditions /Program through all media including without limitation television, radio, print, mobile, internet and/or any other such media, technology in existence, whether now known or devised in the future, from time to time, for unlimited transmission in perpetuity for the territory of entire world, as the Channel/SIPL, may deem fit. SIPL shall not be obliged to exploit the Content /Recording (if made), into the final version of the Program. The Participant agrees that on submission/creation of the Content, all intellectual property rights including copyrights in the Content/Recording shall vest with SIPL and shall be available to SIPL for exploitation through any and all modes, mediums, platforms, throughout the world in perpetuity. The Participant hereby agrees that SIPL shall have complete, unfettered and exclusive exploitation rights in and to the Content /Recording and have all the rights to exploit, edit, integrate other content with Content/Recording, distribute, exhibit, sell, transfer, license, sub-license, monetize and exploit the Content/Recording on various platforms and through various format, modes, media including but not limited to satellite, internet, digital, cable, wireless networks (Wireless LANs, WIFI, Broadband) WAP, imode any other modes of wired or wireless distribution or exploitation via radio frequencies etc. whether circuit switched or packet switched. These shall include linear transmission or re-transmission of Content /Recording via terrestrial, satellite television, MMDS,SMATV, DTH, IPTV, HITS, SSL, XDSL, DBS, cable television, mobile technologies, internet etc. streaming through internet / broadband / IPTV/ WAP/ iMode / other Mobile Technologies, digital TV (including DBV-H, DBV-T etc.), all forms of on demand (SVOD, TVOD, AVOD, NVOD, PPV etc.) whether free or pay & shall include Free TV & Pay TV and shall also include all forms of non-linear transmission/exploitation including through web, internet, IPTV, mobile, applications, etc. Interactive multimedia, clips, Home Video Rental & Sell Through (including DVD, Compact Disc, Laser Disc, Blue Ray Discs, Video Compact Disc, Video Cassette,Videograms, embodying in any manner in any storage medium, VHS and such other rights), Download to Own, Download to Rent, commercial video, Internet multimedia, communication to public within aircrafts, Railways, Ships, boats, vessels, surface transport and hotel and commercial establishment rights and also include modes, media and formats of exploitation: (i) in existence now, (ii) in existence now but not in commercial use on the date of execution hereof, and (iii) as may be developed in future.

xxviii. SIPL shall not be obliged to exploit the Content recording (if made) into the final version of the Program. The Participant agrees and acknowledges that SIPL has exclusive creative prerogative in respect of the Program and the nature and manner of editing of the Program shall be as per the sole creative discretion of SIPL including all rights to edit/modify the Content and integrate other content /materials with the Content/Recording for the purpose of exploiting the Content and/or for creating promos for marketing and promotional purposes.

xxix. The Participant shall does not and shall not have any right to receive or claim any remuneration/compensation, fees at anytime whatsoever, towards the usage /exploitation of the Content / Recording by SIPL and/or any party authorized by SIPL and further the Participant hereby irrevocably grants and assigns to SIPL, free and clear of any and all claims, all of the Participant’s rights and interests in such Content / Recording exclusively and in perpetuity, throughout the world, and in all media, now or later known or devised.

xxx. SIPL/ Producer reserves the right to disqualify the Participant immediately from the Auditions, subsequent rounds of auditions, Program if the Participant has supplied untruthful, inaccurate or misleading details and/or information, of any nature, have failed to abide by the terms and conditions/rules and/or is in breach of the terms hereof.

xxxi. The Participant agrees and accepts that he/she shall not appear or participate in any other shows, programs and/or serials and/or make any public performances during the telecast of the Audition, subsequent rounds of audition and/or the Program without the prior written permission of SIPL, if he/she is selected as a participant in the Program. The Participant agrees that in the event of breach of any undertakings herein, SIPL shall be entitled to pursue such legal action as it may deem fit and necessary to mitigate any harm and loss which may be caused to it.

xxxii. In event the Participant’s application entry submitted by him/her, as per terms stated herein is selected by SIPL and the Participant is contacted to attend the subsequent round/s of auditions, the cost of travel to reach the location of the audition, subsequent auditions, rehearsals venue, location of shoot of the Program, etc. including the hotel, accommodation, costumes, make-up, VISA cost (if applicable), other personal expenses and/or any other expenses of any nature, shall be borne solely by the Participant for himself /herself and his/her companion (if any), and no monies will be reimbursed to the Participant nor can any monies be claimed by him/her from SIPL and/or the Producer at anytime.

xxxiii. The Participant hereby represents and warrants that he/she will comply with all the terms and conditions stated herein including without limitation all rules, regulations, policies as communicated by SIPL, and/or its parent, subsidiary, and affiliate companies in relation to the Auditions, subsequent rounds of audition and the Show. In the event of any violation to the aforementioned, the Participant may immediately be disqualified from taking part in the Auditions and shall solely remain liable for any action (criminal/civil) arising therefrom.

xxxiv. Under no circumstance, shall SIPL and/or their directors, employees, officers, affiliates or subsidiaries, be liable to the Participant and/or any third party for any lost profits or lost opportunity, indirect, special, consequential, incidental, or punitive damages whatsoever. The Participant specifically agrees not to file in person/through any family member and/or any third party any applications, criminal and/or civil proceedings in any courts or forum in India against SIPL and/or their directors, employees, officers, affiliates or subsidiaries to claim any damages or relief in connection with the Audition/Show.

xxxv. The Participant grants SIPL irrevocable consent in perpetuity to the use his/ her name, photographs including sobriquet, video, audio visual tape taken during the Audition, in any and all applications including but not limited to advertising, commercials, promotion, stories, text, articles and commercial exploitation, in any and all mode, media, forms, including but not limited to radio, broadcast and television, newspapers and magazines, internet and mobile, and/or any mode and form of exploitation whether now existing or devised in future, at any time without the Participants further knowledge or consent.

xxxvi. The Participants hereby agree and undertake that they shall not accept or undertake to accept or give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate their winning the Audition. Any knowledge of such an act shall lead to immediate disqualification of such Participants and SIPL shall be entitled to take any and all action(s) against such Participants, as deemed fit by it.

xxxvii. The Participants hereby agrees and undertakes to be responsible for his/her acts, omissions, conduct, negligence, any and all actions during the Auditions, subsequent round of Auditions and during the Program (if selected) and hereby agree to, fully defend, indemnify and hold harmless SIPL and its affiliates, partners, sponsors, producer/ production company as appointed by SIPL, contractors and each of their respective employees, officers, directors and agents from and against any claim, loss, liability, damages, cost (including legal costs) of any person, firm or corporation, including, without limitation, legal fees, arising out of any breach by the Participant of any representations, misrepresentations or concealment of material facts and/or the Participant’s actions or omissions while participating in the Audition or the Show and/or breach of any terms of this agreement, warranty, performance and/or any of the terms and conditions as stated herein or in event if any of SIPL’s rights get affected in any manner whatsoever. In the event of any claim, the Participant will promptly adjust, settle, defend or otherwise dispose of such claim at its sole cost. If the Participant is not diligently and continuously pursuing this matter, SIPL may take such action on behalf of itself and/ or as attorney for the Participant, to adjust, settle, defend or otherwise dispose of such claim, in which case the Participant shall, reimburse SIPL for any costs and penalties incurred thereof or such other indemnity in the amount thereof. In addition to the above indemnities by the Participant, the Participant waives any right of inspection or approval of or, in and to any content and/or video shoot and/or recording and exploitation of the same by SIPL in any manner whatsoever. The Participant also agrees to fully indemnify SIPL, its directors, representatives, employees, agents, parent, affiliates, subsidiaries, group companies, etc. if there is any claim/dispute/damage (of any nature whatsoever) raised in connection with the Participant’s contribution/participation in the Audition /audio/video shoot and the Participant undertakes and warrants to resolve the same without involving SIPL in any manner whatsoever.

xxxviii. The grant of rights, representations, warranties, indemnities given by the Participant and the Participant’s confidentiality obligations contained herein and any such provision that is intended to survive and/or by its very nature should survive, shall survive the expiration of the term as contained herein.

xxxix. The terms and conditions shall be governed, interpreted by and construed in accordance with the laws of India and the Courts of Mumbai, India shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon this terms and conditions.

xl. 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 Gratification, nor for any changes in dates or times or cancellations which may prevent the selected Winner from availing of the Gratification offered.

xli. 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.

xlii. 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 shall stand disqualified without any liability to STAR.

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

(V) 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. http://www.starselect.com/MEContest.html

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(s) 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 Gratification, 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, Participant(s) and the Winner t 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(s) and the Winner do not wish to have their information and/or likeness viewed by or disclosed to others, they should not enter the Contest.

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

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 Gratification.

13. The Participant(s) and/or 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 Gratification.

15. The Winner of the Contest agrees that they shall make themselves 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 agree that the footage of any nature with regard to the Winners 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 their right to raise any dispute with regard to the Contest and/or the Gratification 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(s) and Winner acknowledge and agree that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Contest, or any Gratification awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any)notwithstanding the foregoing, under no circumstances will star and/or star entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

Dance Plus – Season 4

TERMS & CONDITIONS

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

The following terms and conditions(“Terms and Conditions”) govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “DANCE PLUS SEASON 4” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing and a citizen of Federal Democratic Republic of Nepal only (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by STAR India /Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by STAR India (hereinafter collectively referred to as “Channel”).

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

These Terms and Conditions shall be irrevocably binding on each Participant voluntarily participating in the Auditions. The Privacy Policy shall govern all usage of any Personal Information (defined below) and/or any other information as detailed in the Privacy Policy and including but not limited to the mobile phone number and/or any information gathered by STAR India under or pursuant to this Auditions and in relation to your participation in the same. Your act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be your absolute acceptance to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of STAR India as prescribed from time to time (hereinafter collectively referred to as “ Terms and Conditions”).If you do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue. Your failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

DEFINITIONS

“Audition(s) ” shall collectively mean and comprise of the Kathmandu Auditions (defined below) and the India Auditions (defined below) to be conducted at the Audition Centre(s) (defined below) inter alia in the mode and manner as detailed hereunder during the Audition Period (defined below), which the Participant(s) is required to qualify to participate in further Levels for participating in the Program.

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

(i) venue located at Ideal English School, Maaijubahal Road, Maijubahal, , Chabahil, Kathmandu, Nepal 44600 in the city of Kathmandu and/or any other city/venue in the Territory, as the Company may determine, where the Contestants shall be required to attend Level 1 of the Kathmandu Auditions;

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

(iii) any venues in the city of Mumbai, India, where the shortlisted Contestants of Levels 2 and Level 3 are required to make themselves available for Levels 3 and Level 4 of the India Auditions.

Audition Period” shall collectively mean the Kathmandu Auditions Period (defined below) and the India Audition Period (defined below).

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

"Contestant(s)/Participant(s)" Means any natural person(s) who is between the age of 5 (five) years and 35 (thirty five) years i.e. 5 (five) years or above and 35 (thirty five) years or below as of July 1, 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 Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by STAR in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by STAR in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile/telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

India Audition(s)” means different levels comprising of Level 2, Level 3 and Level 4 of the selection process of the Auditions as detailed hereunder, to be conducted inter alia at the Audition Center(s) in India during the India Auditions Period (defined below), which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.

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

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.

Kathmandu Auditions” means Level 1 of the selection process of the Auditions as detailed herein, to be conducted at Ideal English School, Maaijubahal Road, Maijubahal, , Chabahil, Kathmandu, Nepal 44600 in the city of Kathmandu inter alia in the manner as set out hereunder during the Kathmandu Auditions Period (defined below), which the Participant(s) is required to qualify to participate in further Levels and for participating in the Program.

Kathmandu Auditions Period” shall mean the period of 1 (one) day commencing on 22nd July, 2018 and concluding on the same day i.e. 22nd July, 2018 for participation in the Kathmandu Auditions.

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

Program” means the Show(s) which shall be tentatively titled “DANCE PLUS - SEASON 4

“Production House” means Frames Production Company Private Limited.

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

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

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

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

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

PRINCIPAL RULES

1. The Kathmandu Auditions are an integral part of the Program. The Kathmandu Auditions will be conducted on-ground in the city of Kathmandu located in the Territory and interested Contestant(s) shall be required to be present at the Audition Centre in Kathmandu during the Kathmandu Audition Period (22nd July, 2018) to register themselves in the manner provided below.

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

 

3. The Company shall promote the call out for Kathmandu Auditions through online and official social media pages/handles of the Company or any other manner as the Company may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Auditions, wherein the Contestant(s) can get details of the Auditions, timings and venue(s) of Audition Centre.

4. Procedure to register

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

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

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

ii. fill and execute a registration form at the Audition Centre and duly submit all personal information as may be required to be submitted by them on the registration form (“Personal Information”) in a manner and form, as requested and /or prescribed therein (“ Registration Form”).

(c) In case the said Contestant(s) is unable to furnish the original document(s) to verify the eligibility details or submit self-affirmed photocopy of the same or submit the necessary proofs in case the Contestant is a minor, the said Contestant(s) shall be disqualified by the Company. For the purposes of this Kathmandu Audition, the Registration Number and the Registration Form bearing the signature of the Contestant(s) [and in case the Contestant is a minor, written consent of his/her parents duly submitted by the Contestant(s) at the Kathmandu Audition Centre] shall be considered a complete entry (“Entry”).

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

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

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

A. LEVEL 1

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

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

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

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

v. All Participant(s) selected and shortlisted for Level 2 shall be intimated about their selection and/or Company may intimate the natural/legal guardian of 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 and/or the Production House. Such communication by the Company shall also give brief details of the next level of audition – LEVEL 2, address of the respective Audition Centre in India, date and time of the India Auditions, etc. The Contestants(s) [or the natural/legal guardian 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 India Auditions upon receiving an email or phone call, as the case may be.

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 dance 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, dance 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, 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

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 Auditions located in Mumbai, India on specific dates and time as decided and communicated by the Company. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outsides India in Level 2, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.

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

iii. The cost of travel and lodging of such Contestant(s) shall be borne by the Company on actuals subject to the same falling within the fixed bracket decided by the Company at its sole discretion and communicated to the Contestant(s) and subject to the Contestant(s) providing the Company with actual receipts/documentation evidencing such expenses. If the Participant(s) fails to attend the Audition at the venue on the date and time as informed by the Company, the Entry of the Participant(s) will be deemed invalid and the Company shall be free to select any other 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 or Level 2, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1 or Level 2. In case the said Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

v. 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, 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 in Mumbai, India. The selected Contestants shall be eligible for the next level of selection; Level 4. The Contestants shall be informed about their selection for the next round, i.e. the televised auditions by the Company and /or its representatives which shall be tentatively held in the city of 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.

D. LEVEL 4 – (TELEVISED AUDITIONS)

 

i. Contestant(s) and parents/legal guardian of the Contestant(s) along with such Contestant(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 3 shall be required to be present in Mumbai for the next level of selection on the day/days and time specified by the Company.

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

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

iv. Level 4 will be held in Mumbai. The Contestant(s) shall be evaluated by an esteemed panel of judges who shall be judging the performance of Participants in the Program and /or forming part of the Program (“ Judges”) engaged by the Company at its sole discretion.

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

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

vii. The Company shall select Show Player(s) from amongst the Contestant(s) selected for the Level 4. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company from time to time.

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

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

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

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

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

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

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

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

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

GENERAL RULES

 

1. The Auditions is strictly open to Participant(s) between the age of 5 (five) years and 35 (thirty five) years, i.e. 5 (five) years or above and 35 (thirty five) years or below as of July 1, 2018 being a citizen of and residing in the Territory of Federal Democratic Republic of Nepal during the Audition Period, as per the respective applicable laws of the Territory.

2. Employees of the Company, of the Production House, the advertising agency or any other agency or third party vendor which has been appointed from time to time, and also employees of the main sponsors and members of their immediate family; individuals not conversant in spoken Hindi or English; are ineligible to participate in the Auditions. Further, failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation required under these Terms and Conditions, within the timelines specified by the Company hereunder may result in disqualification. The Company also reserves the right to disqualify a Participant(s) 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. 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 Videos, etc. If the Participant is found to be ineligible, or if the /she has not complied with these Terms and Conditions, Terms of Use, Privacy Policy and/or User Generated Content the corresponding Entries will be disqualified.

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

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

8. The Participant 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.

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

10. The 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.).

11. 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., birth certificate, school leaving certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participant(s) at any stage of the Auditions. The Participant (s) and natural/legal guardian of the Participant (s) (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.

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

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

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

15. 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.

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

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

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

19. The Participant(s) and natural/legal guardian of the Participant (s) (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.

20. 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.

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

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

23. 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.

24. 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 (‘Offer’). The Participant and /or natural/legal guardian of the Participant(s) on the Participant (s)’ behalf agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Materials to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, Company may Exploit the rights including the Intellectual Property in and to the Materials at any time it chooses, and it is expressly agreed by the Parties that Section 19(4) of the Indian Copyright Act, 1957 will not apply to this Terms and Conditions.

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

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

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

28. 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).

29. 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 employees, officers, directors, affiliates, group companies or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant, in any manner whatsoever in connection with the Auditions and /or Entry and /or any aspect related to their participation in the Auditions and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India against the Production House and/or the Channel and/or STAR to claim any damages or reliefs or otherwise.

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

31. 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.

32. Certain information relating to the Production House, STAR, the Program, Channel, will be disclosed to the Participant(s) and natural/legal guardian of the Participant (s) (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 India, as the case may be. Participant(s) and natural/legal guardian of the Participant (s) (below the age of majority as per applicable laws in the Territory of which the Participant is a citizen and resident of) agree that the Participant shall not discuss and/or disclose any information about the Program, the performances of other participants in the Program with any third party; and also not disclose the names of the participants eliminated in respective rounds of eliminations in the Program/Auditions.

33. 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.

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

35. The Participant and natural/legal guardian on behalf of the Participant (s) (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.

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

37. The participation of the Participant the in the Auditions shall mean that the Participant and natural/legal guardian on behalf of the Participant (s) (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.

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

39. Subject to the provision of 38 above, the Courts having exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India. The Participant agrees to exclusively submit to the jurisdiction of the Courts and dispute resolution mechanism as set out herein.

#BookAdaptations Contest

TERMS & CONDITIONS

Please read the following Terms and Conditions very carefully before entering this ‘#BookAdaptations activity (“Engagement Activity”) conducted by Star India Private Limited (‘Star India/Us/ We’). By participating in the Engagement 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 Engagement Activity to be held on the Star Movies’ Twitter handle at https://twitter.com/StarMoviesIndia (“ Official Twitter Handle”) from July 16, 2018, 10.00A.M. to July 16, 2018 9.00P.M.(“Engagement Activity Period/Period ”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘Your’) may voluntarily participate in the Engagement Activity and submit the Content (as defined later) subject to the Your unconditionally acceptance to comply with and abide by the Terms and Conditions and 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 Engagement 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.

You hereby agree and understand that the Privacy Policy, available at http://www.startv.com/PersonalDataPrivacyPolicy.htm shall apply to your participation in this Engagement Activity and for the usage of any of Your personal information that may be received by Star India during or pursuant to your participation in the Engagement Activity. By participating in the Engagement 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 and to the Privacy Policy available on the Website. If you do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content. Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

1. Principal Rules for Participation:

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

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

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

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

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

v. The Participant should have ready, proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as Birth Certificate, 10th Class leaving certificate/school certificate/college -university degree, enrolment documents /passport/an affidavit signed by a magistrate) as may be required by Star India to confirm the eligibility of the Participant;

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

vii. Employees of Star India and their immediate family member(s) are not eligible to participate in this Engagement 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 Submission (defined below ) and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to tweet from the Participant’s Twitter handle a book title (within a word limit of 6 words) describing the participant’s life (‘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 from participating in the Engagement Activity.

ii. upload the content on Twitter from their own Twitter handle by using the hashtag (#BookAdaptations) and tagging the Official Twitter Handle.

iii. submitted shall be evaluated on a 2-point scale basis the below mentioned parameters and the Participant(s) shall be shortlisted on the basis of their Submissions having received 2/2 of the below mentioned parameters.:

· Grammatically correct caption

· The Content should be in the English language

· Caption within the prescribed word limit as specified above.

· Unique book title

iv. be Original and authored/ owned by the Participant (s) alone in his/her individual capacity;

v. has not prior to the Submission in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;

vi. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons , broadcasters, production houses, media companies;

vii. is not blasphemous, defamatory, in violation of any applicable laws and/or in any manner infringes the right of third party(ies) and /or their privacy rights;

viii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement

2. Engagement Activity Mechanism:

Stage 1. Submission: After ensuring that the Content is in compliance with the requirements as set out in these Terms and Conditions and with paragraph 1.2 above, the Participant may submit the Content from the Participant’s Twitter handle. Participant(s) must enter the Engagement 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 account, Star India reserves the right to disqualify such Participant(s) from the Engagement Activity.

Stage 2. Internal Review and Gratification: After receiving Your Submission, Star India will internally review the Content within a period of 45 days from the end of the Engagement Activity Period, or such other time period that Star India may decide at its sole discretion.

Participant

It is clarified that the Participants shall be solely responsible for payment of any tax withholdings required, if applicable.

It is clarified that the Gratification is non-transferable and may not be exchanged for cash. If the Gratification is not claimed or otherwise within the stipulated timelines as mentioned under these Terms, the Gratification will be forfeited and awarded to an alternate Participant(s) unless otherwise stated, at STAR India’s sole discretion. All Gratification(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Gratification Participants do not accept or agree to the terms as stated herein, the Gratification shall remain with STAR India, who on its own discretion may offer the same to the next eligible Participant.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

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

3.4. You have not prior to the Submission 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 any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

3.5. The Details and any other information given by You in connection with the Submission is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

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

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

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

a. You undertake to ensure that the Submission 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 Submission): that belongs to another person and which You do not have right to;

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

c. that harm minors in any way;

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

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

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

g. by making a Submission by impersonating another person;

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

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

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective 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.

3.10. You acknowledge and confirm that neither Star India’s licensors nor any of their affiliates are in any manner whatsoever associated with the Engagement Activity or responsible for the Gratification, gratification or merchandise provided to the Participants and Participants. This Engagement Activity is in no way sponsored, endorsed or administered by Star India licensors or any of their respective affiliates.

4. General Rules:

4.1. You understand that Your Submission to Star India does not imply that Star India regarding the Content, or any part thereof, as being either novel, unique, valuable or usable. The Submission 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. All the legally protectable elements in the Content submitted by you shall remain protected under the applicable laws and shall continue to vest with you until accepted as per the terms stated herein ;

4.2. 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 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.

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

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

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

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

4.6. 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).

4.7. 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;

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

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

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

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

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

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

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

4.15. 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 Engagement Activity, hereby grant an royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

4.16. 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 or the Submission made by You (in part or whole) is not in compliance with the Terms and Conditions herein;

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

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

4.19. 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 Engagement Activity and . You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

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

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

4.22. Limitations 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 Engagement Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities , its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these terms and conditions shall not exceed the total monetary value of Rupees hundred.

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

4.24. 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 shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

4.25. 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 Engagement Activity or responsible for the Gratification, gratification or merchandise provided to the Participant.

 

4.26. Warranty Disclaimer: You agree that Your use of the Website, upload and participation in the Engagement 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 Engagement Activity and Your use of the Website. Star India makes no warranties or representations about the accuracy or completeness of the content of this Website including this section or the content of any websites linked to this Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Website including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website 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 Website / 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 Website/ Engagement Activity section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

4.27. 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 Engagement Activity and/or any matters arising out of the Terms and Conditions.

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

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

4.30. 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 Engagement Activity; and agree to make no public press announcements or information for publication without the explicit approval of STAR India.

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

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

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

4.34. 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 Engagement Activity, such dispute shall be referred to a sole arbitrator appointed by Star India and such arbitration proceeding shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the arbitration shall be conducted in the English language. All the costs, charges and expenses in connection with the arbitration shall be solely borne by the Participant who has raised a dispute.

4.35. 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.

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

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

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

Debi Choudhurani SMS Contest

TERMS & CONDITIONS

These terms and conditions (‘Terms’/’Terms and Conditions’ ) govern the SMS polling activity titled “Draft-Debi Choudhurani 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 ‘ Debi Choudhurani’ (‘Program’) to be telecast on the Channel.

You (‘Viewer(s)’) 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 of India and must be a resident of India during the Contest Period as mentioned under these Terms and conditions.

To participate in the Contest, the Participant may be required to disclose his/ her personal information to Star India from time to time such as name, contact number, email ID, residential address, 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 irrevocably, 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 July 29, 2018 and/or till any other date(s) at the sole discretion of STAR India.

2. The Contest shall commence on the Channel from 8.30 pm onJuly 16, 2018 and shall conclude on 12 a.m. onJuly 29, 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 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 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 flashing 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’) 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

DC1<space>A

16th July, 2018

DC1<space>B

DC1<space>C

Question 2

DC2<space>A

17th July, 2018

DC2<space>B

DC2<space>C

Question 3

DC3<space>A

18th July, 2018

DC3<space>B

DC3<space>C

Question 4

DC4<space>A

19th July, 2018

DC4<space>B

DC4<space>C

Question 5

DC5<space>A

20th July, 2018

DC5<space>B

DC5<space>C

Question 6

DC6<space>A

21st July, 2018

DC6<space>B

DC6<space>C

Question 7

DC7<space>A

22nd July, 2018

DC7<space>B

DC7<space>C

Question 8

DC8<space>A

23rd July, 2018

DC8<space>B

DC8<space>C

Question 9

DC9<space>A

24th July, 2018

DC9<space>B

DC9<space>C

Question 10

DC10<space>A

25th July, 2018

DC10<space>B

DC10<space>C

Question 11

DC11<space>A

26th July, 2018

DC11<space>B

DC11<space>C

Question 12

DC12<space>A

27th July, 2018

DC12<space>B

DC12<space>C

Question 13

DC13<space>A

28th July, 2018

DC13<space>B

D