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

"Star Movies Avengers Pop up contest" | “#StarMoviesFirstDayScreening” event | Jeevlaga Contest | 'Sufiyana Pyaar Mera' Contest | Kulfi Missed Call Poll Activity | 'GOT Prophecies' Contest | SUPER SINGER JUNIOR – SEASON 1 | KALANK Movie Contest | Bayasade Bali Bande Contest | Family Cook Off Auditions | Bayasade Bali Bande Hosa Varsha Sambrama Contest | Asianet wonder kid UAE audition | “Jalsha Dekhun Shona Jitun Contest” | "The Voice" Missed Call Voting | Radha Krishn Holi Song Download | "What’s Your Superpower?" Contest | Star Asianet Wonder Kid Audition | ‘#FanBannaPadega’ Contest | Dove fresh face hunt contest | Game of thrones ‘#The Greatest Fan’ Contest | "Happy Weekend” Contest | Koffee Awards | “#StarMoviesSecretScreening” event | “GoT Quiz Night” activity | ‘#HappyOscarsToYou’ contest | “Autographed Koffee Mug” Kareena & Priyanka contest | ‘#SelectDugout’ Contest | Ek Tappa Out - on ground auditions | StarMoviesSecretScreening Autographed Koffee Mug Contest | “Pyaar Ke Papad” contest | “Total Dhamaal" Movie Contest | Star All Access & Asainet All Access Contest | "Autographed Koffee Mug" Contest Kartik & Kriti | "Autographed Koffee Mug" Contest Sidharth & Aditya | Bandhobi Program | Banglar Jalsha Event | Nan Hendthi MBBS campaign | “#StarMoviesSecretScreening” event | Autographed Mug Contest Rajkummar & Bhumi | WanderlustStories | “Autographed Koffee Mug” contest | Koffee With Karan – Ishaan And Shahid | "Class of 2019” contest | Autographed Koffee Mug contest | “#BeWhoeverYouWant” contest | #StarMoviesSecretScreening | "Autographed Koffee Mug" contest for Rhea,Sonam & Harsh | Autographed Koffee Mug Contest | Dance+ 4 Voting Rules| the Voice Digital Audition | Zero Contest | “Watch and Win” Contest | “Autographed Koffee Mug” contest | "Autographed Koffee Mug" Badshah contest | Ami Shirajer Begum SMS Contest | Mounaraaga Campaign | "Autographed Koffee Mug" Ajay & Kajol Devgn Contest | “#SelectLegend” contest | Dance+4 Wild Card Performance | "Autographed Koffee Mug” contest | THE VOICE | #PapaKiPari | Pinky Memsaab - A Dubai Story Contest | “Autographed Koffee Mug” Contest | “#StarMoviesSecretScreening” Event | "Autographed Koffee Mug” contest | Swamini Mastani Paithani Contest | Thugs Of Hindostan Contest | “#SanjuWithDad” Activity | “#KoffeeWithKaran” contest | “Autographed Koffee Mug” Contest | #SayItLikeSanju | "Suii Dhaaga" Contest | Neeva Maharani Campaign | Star Parivaar Awards 2018 | #VenomOnCricketLive Contest | Putani Pantru - Season 3 | "#10YearsOfGourmet” contest | #StarMoviesSecretScreening | #StreeOnStarGold | Radha Krishn | Dil hai Hindustani - Season 2 | Dance Plus Season 4 | MasterChef Australia Contest | #SelectShortStories Event | Mutual Nondisclosure Agreement | Dance Plus – Season 4 India Auditions | Bigg Boss Housemate Hunt Contest | Dance Plus – Season 4 | #BookAdaptations Contest | Debi Choudhurani SMS Contest | #KeepItShort Contest | #MicUpfor TNPL’ Contest | "Suvarna Tamboola" Contest | Chhatriwali Sonyacha Paus Contest | Kannadada Kotyadhipati Season 3 Terms & Conditions in Kannada | Kannadada Kotyadhipati Public Caution Notice | “Deadpool Quiz” contest | "Kannadada Kotyadhipati” SEASON 3 | Dil Hai Hindustani-Season 2 | Dil Hai Hindustani-Season 2 Auditions India| Dil Hai Hindustani-Season 2 Auditions Russia | Crack the Code Campaign

"Star Movies Avengers Pop up contest"

TERMS & CONDITION

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

 

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern your participation in this Contest to be held on Star Movies’ Twitter profile at the URL https://twitter.com/starmoviesindia(referred to as “Handle”) from April 20, 2019 at 3 PM to April 21, 2019 at 9 PM (“Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below.

 

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

 

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

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

 

 

  1. Principal Rules for Participation:

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

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

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

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

  4. 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;

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

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

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

 

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

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

    1. Qualification and parameters of Content: Star India invites all the interested Participants to submit/tweet on the Handle responding to the description as provided by Star India. The tweet/post should be unique, original and must describe in text and/or images in not more than 280 characters in English language (“Content”).

 

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

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

  2. on their Handle, by using the hashtag #PopUpTheatreOnStarMovies; #WhateverItTakes (“Hashtag(s)”), as the case maybe; and tagging @StarMoviesIndia (“Tag”).

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

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

  5. 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.

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

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

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

  1. Contest Mechanism:

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

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 45 days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, top 300 Participants whose Entries are valid and compliant with the aforesaid parameters shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer, 130 winners shall be selected from the Shortlisted Participants (“Winners”). Such Participant(s) from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win the Prize.

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

Upon receipt of the Contact Details, Star India shall contact the Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“Documents”) within 24 (twenty four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

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

Stage 4: Winners and Prize

The Winners of the Contest shall win theatre tickets of the film ‘Avengers – End Game’ and/or ‘official Marvel merchandise’ (“Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by Star India.

 

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

 

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

 

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

 

Star India shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, the Company reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

 

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

 

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

 

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

 

The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the applicable Hashtag and the Tag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the applicable Hashtag and/or Tag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

 

In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. The format of the Contest is the Intellectual Property of Star India and the Contest and/or any part thereof shall not be used by any third party. Star India reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

 

 

  1. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

    3. 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);

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

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

    6. 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.

    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;

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

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

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

  3. that harm minors in any way;

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

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

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

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

  8. by impersonates another person;

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

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

 

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

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

 

  1. General Rules:

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

    2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India.. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

    3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of 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, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

      “Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by 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, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

    1. 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 the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

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

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

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

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

    6. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the 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;

    7. 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;

    8. 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;

    9. 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;

    10. 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;

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

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

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

    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;

    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 a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

    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;

    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;

    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;

    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 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;

    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;

    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;

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

    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;

    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 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.

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

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

    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 Contest and/or any matters arising out of the Terms and Conditions.

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

    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, Your attendance may be withdrawn or subject to limitation upon Star India sole discretion.

    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;

    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.

    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;

    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.

    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.

    35. The contest shall be null and void in any jurisdiction where prohibited by law.

    36. 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.

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

    38. 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.

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

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

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

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

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

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

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

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

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

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

    49. 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.

“#StarMoviesFirstDayScreening” event

TERMS AND CONDITIONS

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

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

The Event shall be held at the Venue on 26th April

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

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

  1. Rules:

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

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

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

  1. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any claims by the Participant(s) in relation to his/her participation during the Event, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India.

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

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

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

  1. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma, damage or loss caused to the Participant(s) and/or any belongings of the Participant(s). Further, the Participant(s) shall be solely responsible for any belongings of the Participant(s).

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

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

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

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

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

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

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

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

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

  1. Subject to the provision of Clause 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.

Jeevlaga Contest

Contest Terms & Conditions

These terms and conditions (‘ Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest titled ‘_Jeevlaga Contest_ (‘Contest’) which will be hosted by Star India Pvt. Ltd. (“Star India”) for the purpose of promotion and viewer engagement of its channel ‘ Star Pravah’ (“Channel”) and its program, “Jeevlaga” (“Pravah Program”). The Contest will be conducted on the Channel .

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.

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

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

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

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

I. Principal Rules

  1. Star India shall announce the Contest via promos and astons on the Channel and other channels of Star India, Newspaper ads, Radio, Outdoor and Digital or through any other medium of exploitation which shall be at the sole discretion of Star India.
  1. The Contest shall commence from April 22, 2019 at 20.30pm Indian Standard Time (“IST”) and shall conclude on April 24,2019 at 22.00pm IST (“Contest Period”) on the Channel. Star India reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. Star India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
  2. The Contest shall comprise of 1 (one) multi choice question, based on the Pravah Program which shall be triggered multiple times on the Channel during the Contest Period (“Daily Question ”).It is clarified that the Daily Questions will remain unchanged for the entire duration of the Contest Period .
  3. 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 Daily Question during the Daily Contest Period, by sending SMS in the following format: JL <space><A/B/C> to 57827 (“Answer/ Entry”). It is clarified that the SMS should contain the respective keywords followed by <space> followed by their options <A/B/C> for the Daily 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 (as defined below). Answer(s)/Entry(s) received by Star India after Daily Contest Period and /or Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by Star India. It is further clarified that 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. 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 stating “Thank you! We will inform you if your entry has been selected. Your participation confirms that you agree to contest T&Cs and Privacy Policy of the Contest”. Any automated receipt confirmation does not constitute proof of actual receipt. Providing the correct Answer for the Daily Question 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(s) or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant(s) shall be free to submit /provide Answer(s) innumerable times through SMS for Daily Question during the Period and such submission of Answer(s) shall not make him /her from ineligible from participating in the Contest and shall not render his /her Entry invalid however only the first valid Entry registered with Star India will be taken into consideration. Answer/s Entries (i.e. SMS) received after the Contest Period shall be considered null and void.
  1. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
  1. For the purposes of this Contest, the Participant(s) who are subscribers of Airtel, Vodafone, Idea, Reliance Communications and Tata Teleservices shall be able to participate in the Contest.
  1. 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 India. Cost applicable for the SMS sent by the Participant(s). The cost charged to the Participant(s) by the respective network provider(s) shall be as follows:

Operator

Costs

Airtel ROI

Rs. 3/ Sms

Airtel TN & Chennai

Rs. 5/ Sms

Vodafone

Rs. 3/ Sms

Idea

Rs. 3/ Sms

*Rates are subject to change due to internal policies and/or recent TRAI regulations. Participants are requested to check rates with their telecom operators. Star India will not be liable for any changes or any additional costs incurred by the participant.

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. Upon the Participant(s) sending in their Entries to the Daily Questions, the mobile number from which the Participant(s) have answered the Daily Questions would get registered with the respective network provider. It is understood by the Participant that to be eligible for the Prize he/she shall be required to submit his/her Entries/ Answers for all the Daily Questions from one specific mobile number only failing which he/she shall be considered ineligible to contest for the Prize.

10. It shall be deemed that the person in whose name the mobile number is registered (from which the SMS is sent) shall be construed to have sent the Answers/Entry(ies) for the Contest.

11. Star India and/or the Channel shall not be responsible for the cost of SMS charged by the respective network provider(s) shall be borne by the Participant(s) alone.

12. It is clarified that qualify to win the Prize, the Participant shall be required to provide correct Answer(s) the Daily Question(s) triggered during the Contest Period

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

14. At the end of the Contest Period, every Participant(s) on the basis of the having made a valid Entry and his/her providing correct Answer(s) to the Daily Question(s) triggered during the Contest Period shall be shortlisted by Star India at its sole discretion and subsequently out of these shortlisted Participant(s), STAR India shall by way of random selection at its discretion, from the aforementioned shortlisted Participant(s )select and declare 5 (five) (“Winner”). For the entire contest Period the total number of Winners shall not exceed a total number of 5(five) Winners. All the Winners shall be entitled to gratification in the form of an opportunity to meet and greet the lead artists of the Pravah Program at a location and date as decided and finalized by Star India at its sole discretion .(“Prize”). It is clarified that all expenses for travelling etc for the meet and greet forming part of the Prize shall be borne by Star India on actuals ( provided that the Winners submit appropriate documentation for the same). Star India will not bear any travel expenses outside Maharashtra. It is further clarified that Star India shall at its sole discretion select the Winner and allocate the Prizes amongst the qualifying Entries by way of a random selection based on the criterion mentioned herein. The Winners shall be declared in May 2019 as per the discretion of Star India. The finer details of the Prize, date , timings , location of the meet and greet etc shall be communicated to the respective Winners vide emails and /or phone calls basis the details shared by them . It is clarified that the decision of Star India on all these details shall be final and binding on all Winners .

15. The Winner shall be announced on the Channel and /or Website or any other medium as Star India may deem fit and necessary. 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(s) and providing correct Answer(s) to the Daily Questions during the Contest Period shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/ Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

16. These Winners shall be contacted by Star India on the mobile/ phone number through which Entry had been submitted to Star India informing them that they have been selected as the Winner of the Contest. The Winner shall be required to submit to Star India scanned copies of their age proof and address proof which shall be a valid passport copy, pan card copy, driver’s license, last two months bill for the mobile number registered with Star India (from which the Participant has submitted his/her Entry in the Contest) (“Winner’s Documents”). The Winner’s shall be required to submit the Winner’s Documents to Star India within seven (07) days from the date of the telephonic communication received from Star India by the Winner.

17. Star India shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winner on the mobile/ phone number as shall be registered with Star India. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, Star India shall make maximum 1 (one) attempt to call the Winner. In case any the Winner is unavailable on all the attempts, the selection of that Winner shall be invalidated and Star India shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry during the Contest Period. For the avoidance of doubt such choice of new Winner by Star India shall be final and binding. Star India shall not be responsible if any of the Winner is not available on the mobile number provided by him/her and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.

18. In the event the said Winner fails to adhere to the instructions of Star India and/or fails to submit all the requisite identification documents as more particularly mentioned herein, then his/her selection shall be invalidated and Star India shall not be liable to that Winner in any manner whatsoever and shall be free to select another suitable Winner as per the criterion mentioned herein and the Participant shall have no objection to the same .

19. On Star being satisfied as to the Winner’s Documents being correct and genuine it shall again contact the Winners (whose Winner’s Documents are correct and genuine) on mobile number / contact number informing the Winners that they are entitled for the Prize. Only 1 (one) attempt shall be made to get in touch with the Winners and if the Winner is unavailable on the mobile number/ contact number then the Winner shall stand to lose his/her chance to claim the Prize.

20. Star India and/or the Channel reserves the right to decide the Winners of the Contest.

21. It is clarified hereby that Star India shall have a discretionary right to postpone/ cancel/ change the details of the Prize and its gratification of reasons of unavoidable circumstances.

22. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize shall be given to the Winners and the Winners cannot exchange the Prize for a gift of equivalent value. Further, the Daily Prize won is personal to the Winner and the Winner cannot transfer the Daily Prize to any other person. The Winner(s) shall not in any manner monetize and/or trade any prizes. In the event it comes to the notice of Star India that any of the Winner(s) is indulged in such illegal or illegitimate activity, Star India shall forthwith rescind and invalidate the gratification to such Winner(s) without giving any prior notice.

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

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

25. By participating in the Contest, it shall be construed that the Winner has waived his/her right to raise any dispute in connection to the Contest and/or the selection procedure and/or the details of the scores and/or the Winner and/or the Daily Prize.

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

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

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

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

30. 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/ Answer or any part thereof at any stage of the Contest, including after declaring the Winners, if Star India:

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

b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person 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.

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

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

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

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

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

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 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. The employees, affiliates, directors and/or consultants of the Star India; and members of their immediate family; persons other than Indian nationals, or Indian nationals living out of Maharashtra, or those who do not qualify under the definition of resident of India as per the Income Tax Act, 1961 are ineligible to be participant(s) 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. The accommodation at a hotel, if applicable, shall solely be decided by Star India. For the avoidance of doubt, the designated hotel room and its facilities/ inclusions shall be chosen at the sole discretion of Star India which shall be final and binding on the Winner(s).

6. Any and all additional expenses(except as stated herein terms and conditions) of any nature incurred by the Winner(s) shall be solely borne by the Winner(s) out of their own pocket and Star India shall not be obliged to reimburse any kind of expenses, costs, payments, disbursements or reimbursements except as stated above. Any other costs including but not limited to alcoholic beverages, sightseeing, laundry, shopping, damage to any property, etc. shall be borne solely by the Winner(s) of the Contest.

7. In case any Participant sends his entry/entries while roaming in a different circle/zone, additional roaming rates may apply. The Participant is advised to check such additional rates with their telecom operator. Star India will not be liable for any such charges incurred by the participant.

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

9. 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.

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

11. 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).

12. 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).

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

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

20. The entitlement to gratification in the form of an opportunity to meet and greet the lead artists of the Pravah Program shall be subject to the availability of the lead artists on such date and time as finalized by Star India. Star India will not be liable if there is any change in the cast of such celebrities,

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

 

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. The Winner (s) specifically agree and undertakes on behalf of himself / herself and his / her respective family members that he / she shall unconditionally make himself / herself and his / her family members accompanying him / her to watch the designated match at the venue available from time to time and co-operate with Star India and participate in any activity and/or campaign of any nature whatsoever (" Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself / herself and his / her respective family members allows, grants and permits STAR India or any party authorized by it to record (audio-video/audio or video), his /her and /or his / her family member’s appearances, participation, performance, acts ,any interaction of the Winner and /or his / her family members within themselves and /or with any celebrities, media or any third party or any representative of STAR India or any related series of sound recordings and video recordings which have been shot during the designated match at the venue and/or as part of the Promotional Activity on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Winner and /or his / her family members (“ Footage”) and agree that the Footage may be used by STAR India as it deems fit anywhere in the world at any time now or in the future.The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with STAR India worldwide in perpetuity and STAR India is entitled to exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future . The Winner further agrees and undertakes to execute on his / her behalf as well as on behalf necessary documentary as may be required by Star India in respect of the exploitation and use of such footages

28. 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.

29. 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.

30. 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.

31. 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.

32. 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).

33. 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.

34. 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.

35. 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.

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

37. 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).

38. 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.

39. 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.

40. 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.

41. 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.

42. Participant agree to not attempt to gain unauthorized access to servers or networks connected to Star India services by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encourage, or encouraging or assisting any other persons to circumvent or modify, any security, technology, device, or software that underlies or is part of Star India’s services.

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

44. 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.

45. 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.

'Sufiyana Pyaar Mera' Contest

Contest - Terms & conditions

The following are the terms and conditions governing the “Sufiyana Pyaar Mera” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion and engaging the viewers of the program “Sufiyana Pyaar Mera” (“Program”)” on Star Bharat SD and HD (“Channel”). The Contest shall be held from ­­­­­­15th April, 2019 18:00 hours to 30 th April, 2019 23:59 hours (“Contest Period/Period”).

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your Participation in this Contest and Your Registration on the URL of official webpage www.sufiyanapyaarmera@startv.com (“Webpage”) as a part of the promotion of the Program. The Participants hereby consent that the Participants have voluntarily participated in the Contest and Registered (as defined later) on the Webpage, 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. By proceeding further, the Participant(s) are representing to the Company that the participation in the Contest is in compliance with all laws applicable and not in the Participant(s) in any manner not prohibited from participating in the Contest by any law.

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 to the Registration and/or participate in the Contest. 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 India and resident of Mumbai. Participant shall be 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) Permanent and/or contract employees and directors of Star India, its parent, subsidiary and affiliated companies, advertising and promotion agencies and each of their immediate family members are not eligible to enter the Contest.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject Your Registration and/ or participation in the Contest 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 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

c) Contest Mechanism

All the interested Participants are required to register on the Webpage, review the question and submit the corresponding correct response, and provide the particulars including but not limited to the Participants name, age, gender, address, email address, contact number (“Registration/Register”).

The Contest invites interested persons satisfying all criterion mentioned above in Paragraph 1 to voluntarily participate in the Contest (“Participant(s)”) asking them to respond to the multiple choice question. To qualify, the Participants are required to answer the question correctly and accurately. The Participant takes complete ownership that the description submitted for the Contest does not infringe and/or violate any third party rights.

For purposes of the Contest, “receipt” of Registration occurs only when the Webpage server records the post information upon the entrant clicking “Submit” 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 shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) does not satisfy the eligibility criteria provided hereinabove, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

d) Each Entry shall be judged and evaluated on the basis of correctness and accuracy. Each Entry shall be judged by representatives of Star India as deemed fit in their sole discretion.

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) 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.

g) At the end of the Contest Period, out of all Entry/ies received on the Webpage within the Contest Period, the 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 and using a randomizer, 3 Participants will be selected (“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 the Prize.

2. The Winners will be contacted via contact number (“Private Message”) to provide their details (“Details”) to hello@startv.com within 48 hours of such Private Message. In the event any Winner(s) fails to submit their details their entry shall be invalidated. In the event any Shortlisted Participant(s) fails to submit their details as requested by Star India within the stipulated time, their Entry shall be invalidated and disqualified.

3. Upon receipt of the Details, Star India shall contact the Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“Documents”) within 24 (twenty four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

h) 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.

4. The Shortlisted Participant(s) will be contacted via contact number (“Private Message”) .

5. Upon receipt of the 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.

6. 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

7. 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 “Private Message”, informing them that they are the winner(s) of the Contest. The total number of Winner(s) shall under no circumstances exceed 3 (“Winner(s)”).

8. Communication to the Winner(s) shall be done on or before 25 th April, 2019. In the unlikely event that case the Winner announcement is postponed and/or delayed for any reason whatsoever, Star India will not be held responsible.

9. The Winners shall each win an opportunity to visit the lead protagonists of the Program, i.e., Helly Shah and/or Rajveer Singh (depending on the availability of the artists) of the Program (“Prize”) at the time and location as stipulated by Star India and it is clarified that all taxes in relation to the Prize and all costs of travel and accommodation shall be borne solely the Winners. Upon being communicated of the Prize, the Winners shall respond regarding the availability of the Winner, within 24 hours of such communication from Star India.

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

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

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

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

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

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

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

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

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

15. The Winner(s) hereby allow the face, image, biographical data, name, signature, voice, photographs of the Winner(s) (‘Likeness’) to appear on and be used in connection with the activity, all means of exploitations, distribution including, but not limited to, the press, internet, television. Star India reserves the right to use, in any manner whatsoever, in part or in whole the Likeness. By providing any Data to Star India, as part of the submission of the Registration and during the Contest, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their Likeness or Data or personal information furnished to Star India.

16. 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 Star India from time to time.

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.

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 more than one Entry(ies), 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 the Registration and/or Entries are 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 Registration due to a technical error and/or defect in the functioning of the website, server or Webpage, 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 Registration 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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25. Star India will have access to and collect information and data shared by the Participant(s) including his/ her personal information for the purposes of participating in the Contest and the Entry submission (“Data”). By participation and submission of the Entry, each Participant consents to the collection, storage, disclosure processing and the transfer of and sharing of the Data by Star India, its affiliates, and designated third parties in accordance with the terms of the Privacy Policy, i.e., Website Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp.

26. Each Participant acknowledges and agrees that:

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

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

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

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

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

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

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

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. You further acknowledge that mere Registration and/or participation in the Contest 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.

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

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.

Kulfi Missed Call Poll Activity

Contest - Terms & conditions

These terms and conditions (‘Terms’/’Terms and Conditions’) govern the missed call polling activity titled “Kulfi Kumar Bajewala Poll” (‘Poll’) organized, conducted and brought to you by STAR India Private Limited (‘STAR India’) on its television channel “STAR PLUS” (‘Channel’) based on the program Kulfi Kumar Bajewala (‘Program’) telecast on the Channel at 8.30 pm. The Kulfi Kumar Bajewala Poll for voting (‘Poll’) shall commence from 12th April, 2019 at 20:00 hours IST and shall conclude on 15th May, 2019 at 20:00 hours IST (‘Polling Period’).

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

The Poll will be held on the Channel during the Polling Period and is open for participation by viewers/users of the Channel in India only.

You hereby agree and understand that STAR India will have access to and collect information and data shared by You including your Personal Information (defined below) submitted by You during the course of 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 Polling, You have read, understood, accepted and agreed to unconditionally abide by and be bound by all the terms and conditions including these Terms and to the Privacy Policy. If you do not agree to be bound by or cannot comply with any of these Terms and the Privacy Policy, please do not proceed to vote. The decision of STAR India for all matters relating to your voting shall be final and binding in all respects. The Polling and/or Poll shall be governed by the Principal Rules and General Rules stated herein below.

The Privacy Policy shall govern all usage of any other information as detailed in the Privacy Policy including but not limited to the landline number and/or mobile phone number and/or any information in relation to Polling by the Viewer(s) gathered hereunder or pursuant to this voting process by STAR India (if any) (“Personal Information”).

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

I. PRINCIPAL RULES

1. The Poll will be announced and promoted through astons on the Channel and/or social media platform and/or any other means at the sole discretion of STAR India, and such promotion will continue till 15th May, 2019 and/or till any other time, based on the sole discretion of STAR India.

2. During the Polling Period the Viewers will be asked to cast their vote to choose their favorite character from among the characters namely, Kullfi and Amyra in the Program. The Viewer(s) interested in participating and qualifying for the Poll (‘Voter(s)’) are required to give a missed call to vote for the favourite character, as mentioned herein below)(‘Vote’).

The Voting numbers of the characters are as follows:

Sr. No.

Name

Voting number

1

Kulfi

1800-120-100001

2

Amyra

1800-120-100002

If the Vote is successfully cast, then the Viewer shall receive an acknowledgement at the complete discretion of STAR India in the form of a recorded message, thanking him/her for casting the Vote.

3. STAR India will sufficiently promote the Poll on the Channel and its social media platforms, to ensure that no Viewer is misled and each Viewer fully understands the entire process and costs (if applicable) for voting. It is clarified that all costs towards voting shall be borne by the Viewer solely without any recourse whatsoever to STAR India and/or the Channel.

4. Viewers will be asked to cast their Vote to choose their favorite character during the Poling Period.

5. The missed call for the Poll shall be made in such manner as stated hereinabove and must be made by the Voter(s) during the Polling Period mentioned only. Missed calls sent before or after the Polling Period stated in these rules and regulations shall not be considered and shall be null and void (Each an ‘Entry’).

6. The winner for the Poll may be declared as deemed fit by STAR India. It is understood that any announcement based on the Polling, shall be at the sole discretion of STAR India and the Viewer shall in no event challenge and/or dispute the decision made by STAR India in this regard including in connection with the number of Votes, the aggregation of the same.

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

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

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

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

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

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

II. General Rules

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

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

3. All the Entries will be stored in a backend system operated by STAR India and/or any person/agency appointed by STAR India.

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

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

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

7. STAR India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the Viewer(s) in any manner whatsoever, in relation to the Poll.

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

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

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

11. In case of any telecom and /or network failure and /or technical failure in logging on to the official Website and/or for any reasons whatsoever, STAR India reserves the right to at its sole discretion to change the Poll mechanism and /or cease from accepting Entries of the Viewers, in any manner it may deem fit and necessary. In addition STAR India shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the Poll system/ mechanism including without limitation Poll system failure in the mechanism of recording missed call/phone lines being open /close or default /internet lines logging on automatic acceptance of Entries beyond the Polling Period due to technical /technological restrictions and /or due to reasons /events/incidents beyond the reasonable control of STAR India.

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

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

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

15. LIMITATIONS OF LIABILITY: BY ENTERING THE POLL, EACH VIEWER ACKNOWLEDGES AND AGREES THAT: (I) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE POLL SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED AND ASSOCIATED WITH ENTERING THE POLL (IF ANY), NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL STAR INDIA AND/OR STAR INDIA ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER DIRECT OR INDIRECT, ARISING IN ANY WAY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN ANY CASE STAR INDIA’S ENTIRE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL MONETARY VALUE OF RUPEES HUNDRED.

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

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

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

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

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

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

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

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

24. Subject to the provision of paragraph 23 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

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

'GOT Prophecies' Contest

TERMS AND CONDITIONS

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

These terms and conditions (‘Terms and Conditions’/ ‘ T&Cs’) govern Your participation in this Contest to be held on Star World Twitter profile at the URL https://twitter.com/starworldindia (referred to as “Handle ”) from April 11th 2019 at 4 PM to April 19th 2019 at 8 PM (“Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

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

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

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

1. Principal Rules for Participation:

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

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

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

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

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

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

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

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

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to view all episodes of the series titled ‘Game of Thrones’ (“Program”), predict and post on the Handle who will die or no one will die in the upcoming episode of Season 8 of the Program. The tweet/post should be not more than 280 characters in English language (“Content”).

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

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

ii. upload the Content on the Handle, by using the hashtag #GameOfPredictions (“Hashtag”) and tagging @StarWorldIndia (“Tag”).

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

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

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

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

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

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

2. Contest Mechanism:

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

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 45 days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, top 20 Participants whose Entries are valid and compliant with the aforesaid parameters shall be shortlisted (“ Shortlisted Participant(s)”) and using a randomizer, 5 winners from the Shortlisted Participants (“Winners”) shall be selected. Such Participant(s) from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win the Prize.

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

Upon receipt of the Contact Details, Star India shall contact the Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“ Documents”) within 24 (twenty four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

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

Stage 4: Winners and Prize

The Winners of the shall win official Game of Thrones merchandise (“ Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by Star India.

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

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

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

Star India shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, the Company reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

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

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Shortlisted Participant(s) as the Winner of the Contest and transfer the Prize to that person.

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

 

The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the Hashtag and the Tag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or Tag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. The format of the Contest is the Intellectual Property of Star India and the Contest and/or any part thereof shall not be used by any third party. Star India reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

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

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

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

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

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

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

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

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

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

c. that harm minors in any way;

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

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

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

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

h. by impersonates another person;

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

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

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

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

4. General Rules:

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

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India.. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of 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, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by 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, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.52. 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.

SUPER SINGER JUNIOR – SEASON 1

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 “ SUPER SINGER JUNIOR – SEASON 1” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or You”) residing in and a citizen of India and Bangladesh (hereinafter referred to as “Territory”) who voluntarily participate in the Auditions hosted by STAR India /Company (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on the Company’s and/or its network of channels and/or any other channel as deemed fit by STAR India (hereinafter collectively referred to as “Channel”).

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

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

DEFINITIONS

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

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

(i) venues located in the cities of Jalpaiguri, Siliguri, Malda, Nabadwip, Durgapur, Chandannagar, Mednipur, Kolkata, Agartala, Dhaka and/or any other city/venue in the respective Territories, as the Company may determine, where the Contestants shall be required to attend Level 1 of the Auditions;

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

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

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

"Contestant(s)/Participant(s)" Means any natural person(s) who is between the age of 5 (five) years and 12 (twelve ) years i.e. 5 (five) years or above and 12 (twelve) years or below as of March 1, 2019 being a citizen and resident of the Territory as per the applicable laws and enters the Auditions/Program individually or along with a partner or as part of a group in accordance with the terms detailed below.

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

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

Level(s)” shall mean collectively levels 1 and 2 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 “Super Singer Junior – Season 1

“Production House” means_ Subhankar Chattopadhyay Production Private Limited.

 

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

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

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

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

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

PRINCIPAL RULES

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

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

 

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

4. Procedure to register

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

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

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

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

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

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

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

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

A. LEVEL 1

i. The Contestant(s) will be asked to perform a minimum 1 (one) singing ac and maximum 3 (three singing acts in Bengali language(including different dialects and /or Hindi Language only [“Act(s)”]. This Act shall be evaluated by the Company or its representatives and /or renowned experts/singers/ musicians 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,voice quality ,singing calibre, music knowledge, versatility 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 vide an email and/or telephone or any other mode of communication, as the Company may deem fit at its sole discretion, and the Participant and/or natural/legal guardian of the Participant shall be solely responsible for checking the email/calls received from the Company and/or the Production House. Such communication by the Company shall also give brief details of the next level of audition –LEVEL 2, .i e. which shall be tentatively held in the city of Kolkatta or such other city as may be decided/ communicated by the Company at its sole discretion,address of the respective Audition Centre(s) in India, date and time of the Auditions, etc. The Contestants(s) and /or their natural/legal guardian shall be required to give a confirmation of their presence at the Audition Centre(s) for Level 2 Auditions upon receiving an email or phone call, as the case may be. The Company reserves the right to select any number of Contestant(s) from the Audition Center(s). The selected Contestants shall be eligible for the next level of selection; The Contestants shall be informed about their selection for the next round.Such selected Contestant(s) shall be required to be present in or around Kolkatta for the next level of selection on the day and time specified by the Company.

B. LEVEL 2

i. Participant(s) and natural/legal guardian of the Participant(s) (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 Kolkatta to participate and perform in Level 2 Auditions located in Kolkatta India on specific dates and time as decided and communicated by the Company.

ii. The Company reserves the right to introduce other prospective Contestant(s) from any country in India or outside India in Level 2, who have gone through the similar selection process as the Contestant(s) from India. Such decision of the Company shall be final and binding upon all the Contestants.The shortlisted Contestant(s) shall be asked to perform a single Act and be further interviewed by the Company and/ or Panel regarding his/her background, family history, singing experience, etc. The performance and personal interviews of these shortlisted Participant(s) shall be evaluated by the Panel on the basis of their versatility, style, overall personality, singing calibre, voice quality ,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.

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

iv. The Participant(s) and natural/legal guardian of the Participant(s) will be required to execute any and all legal documents as required by the Company including but not limited to submitting all the necessary documents (in addition to the documents already submitted at Level 1, if any) and also furnish the documents as sought and as required by the Company from time to time, to verify the Personal Information provided by the Participant(s) in Level 1. 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) and natural/legal guardian of the Participant(s) is unable to furnish the original document(s) to verify the eligibility details and also fails to submit self-affirmed photocopy of the same, the said Participant(s) shall be disqualified from the Auditions, based on the sole discretion of the Company.

v. The cost of travel and lodging of such Contestant(s) and their natural / legal guardians 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) and their natural / legal guardians 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.

vi. The Company reserves the right to select any number of Show Player(s) from amongst the Contestant(s) selected for the Level 2. The selected Show Player(s) shall have to ensure that they will make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by the Company from time to time. 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.

vii. 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.

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

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

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

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

10. For 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 and in no event shall the Contestant(s) dispute the decision made by the Channel/Company or its employees in connection to the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Auditions and/or the selection process to qualify for the Contest/Program, the decision of the Company shall be final and binding.

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

 

GENERAL RULES

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

34. All obligations, representations, warranties, grant of rights in relation to a Participant who is below the age of eighteen (18) years as on March 1, 2019 shall be deemed to be provided by the natural/legal guardian of the Participant.

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

36. Participant and natural/legal guardian on behalf of the Participant(s) acknowledges that their representations, warranties, indemnities, grant of rights in the Entry including Materials, Promotional Activity, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

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

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

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

KALANK Movie Contest

Terms and Conditions

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

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

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

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

STAR shall promote the Contest on the channel “Star Plus”, “Star Gold”, “Star Bharat” and Asianet Middle East with effect from 4th April, 2019 (“Channel(s)”) and on its Facebook Page at the URL: https://www.facebook.com/STARPlusMiddleEast/ ; https://www.facebook.com/AsianetME (“Facebook Page”)

The Contest shall commence on April 4, 2019 at 12:00 AM UAE Time and shall conclude on April 12, 2019 at 12:00 AM UAE (“ Contest Period”).

(I) Participants Eligibility

 

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

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

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

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

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

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

(II) Participation Mechanism:

1. A question related to the movie “KALANK” (“Movie”) with three options – two incorrect options, one correct option

shall appear on the Channel(s) in the form of on-air promo and/or on the Facebook Page. The question shall be flashed at any time during the Contest Period as such number of times decided by STAR.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(III) Selection Process and Gratification:

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

(IV) Additional Terms:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bayasade Bali Bande Contest

Terms & Conditions

These terms and conditions (‘ Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest titled “ Bayasade Bali Bande Contest (‘Contest’) which will be hosted by Asianet Star Communications Pvt. Ltd. (“ASCPL”) for the purpose of promotion and viewer engagement of its channel ‘ Star Suvarna (“Channel”) and its program “ Bayasade Bali Bande” (“Program”). The Contest will be conducted on the Channel.

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of ASCPL for all matters relating to the Contest shall be final and binding in all respects.

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

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

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

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


I. Principal Rules

  1. ASCPL shall announce the Contest via digital platforms ( www.facbook.com/starsuvarna ) bill counter drop down in 16 Big Bazaar outlets (listed below) across Karnataka or through any other medium of exploitation which shall be at the sole discretion of ASCPL.
  1. The Contest shall commence from 8th April, 2019 at 06:00 AM Indian Standard Time (“IST”) and shall conclude on 7th May 2019 at 11:59 pm IST (“ Contest Period”) on the Channel. For sake of clarity it is clarified that the Contest Period shall consist of consecutive of 30(Thirty ) days starting from 8th April, 2019 and ending on 7th May, 2019. ASCPL reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. ASCPL also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
  2. The Participant(s) shall shop at any of the following 16 Big Bazaar outlets across Karnataka during the Contest Period and obtain the bill thereof.

List of Big Bazaars:

Sl No

STORE NAME

1

BB - FC-BENGALURU- BANASHANKARI-PROMENDE BMP

2

BB-MANGALORE- BEJAI-BHARATH MALL

3

BB-BENGALURU-9TH BLOCK JAYANAGAR

4

BB-HUBLI-AKSHAY CENTRE-GOKUL ROAD

5

BB-UDUPI-TMA PAI HOSPITAL

6

BB-BELGAUM- TILAKWADI

7

BB - FC-MYSORE- JHANSI LAKSHMI BAI ROAD- CHAMARAJ

8

BB - FC-BENGALURU-MALLESHWARAM- HOUSUJA'S MALL

9

BB-HASSAN-B.M.ROAD-VENKATADRI TOWER

10

BB-FC-BENGALURU-RAJAJINAGAR

11

BB-GULBARGA- DARGA ROAD- SHRADHA MALL

12

BB-DAVANGERE- P.B. ROAD-NSK COMPLEX

13

BB-MYSORE HIGHWAY-MANDYA

14

BB-SHIVAMOGGA- SHIVAMOGGA- KSRTC BUS TERMINAL

15

BB-MYSORE-GOKULAM ROAD-JAYALAKSHMIPURAM

16

BB-BENGALURU-G T WORLD MALL

  1. During the Contest Period, ASCPL will ask a Question (“Question”) relating to the Program on digital platforms ( www.facbook.com/starsuvarna ) bill counter drop down in 16 Big Bazaar outlets across Karnataka.
  2. 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 during the Contest Period, by sending SMS in the following format: “BIG” <space> “Answer option A/B” <space> “Invoice / bill number” to 57827 (“Answer/ Entry”). It is clarified that the SMS should contain the respective keywords <BIG> followed by <space> followed by answer option <A/B/> followed by <space> followed by <bill/invoice number> (issued by Big Bazaar). If the Participant(s) provides an incorrect Answer(s) or incorrect invoice/bill number, then his/her Entry (as defined below) shall be considered incomplete and the Participant(s) shall not be eligible for the Prize (as defined below). Answer(s)/Entry(s) received by ASCPL after the Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by ASCPL. It is further clarified that 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. 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 stating “ Thank you for participating. Don’t forget to watch our new show “Bayasade Bali Bande” on Star Suvarna at 9:30 PM Monday to Saturday from 15th April, 2019”. Any 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(s) or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant(s) shall be free to submit /provide Answer(s) innumerable times through SMS for the Question during the Contest Period and such submission of Answer(s) shall not make him /her from ineligible from participating in the Contest and shall not render his /her Entry invalid however only the first valid Entry registered with ASCPL will be taken into consideration. Answer/s Entries (i.e. SMS) received after the Contest Period for the Question of the Contest shall be considered null and void.
  1. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
  1. For the purposes of this Contest, the Participant(s) who are subscribers of Airtel, Vodafone, Idea, shall be able to participate in the Contest.
  1. 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 ASCPL. Cost applicable for the SMS sent by the Participant(s). The cost charged to the Participant(s) by the respective network provider(s) shall be as follows:

Operator

Costs

Airtel ROI (Rest of India)

Rs. 3/ Sms

Airtel TN & Chennai

Rs. 5/ Sms

Vodafone

Rs. 3/ Sms

Idea

Rs. 3/ Sms

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

11. Upon the Participant(s) sending in their Entries to the Question, the mobile number from which the Participant(s) have answered the Questions would get registered with the respective network provider..

12. It shall be deemed that the person in whose name the mobile number is registered (from which the SMS is sent) shall be construed to have sent the Answers/Entry(ies) for the Contest.

13. ASCPL and/or the Channel shall not be responsible for the cost of SMS charged by the respective network provider(s) shall be borne by the Participant(s) alone.

14. It is clarified that the Question shall have only 1 (one) correct answer and to qualify to win the Prize, the Participant shall be required provide correct Answer to the Question triggered during the Contest Period.

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

Winner Selection and Gratification

16. At the end of the Contest Period, the Participant(s) on the basis of having made a valid Entry and his/her providing the correct Answer(s) the Question triggered in the manner as stated hereinabove shall be shortlisted by ASCPL at its sole discretion and subsequently out of these shortlisted Participant(s), ASCPL shall by way of random selection at its discretion, from the aforementioned shortlisted Participant(s )select and declare 10 (ten) winners (“Winner/s”). For the entire contest Period the total number of Winners shall not exceed a total number of 10 (ten) Winners. Each of the 10 (ten) Winners, shall be entitled to refund of his/her shopping bill not exceeding Rs.10,000/- in any one of the 16(Sixteen) Big Bazaar outlets across the state of Karnataka ( hereinafter collectively referred to as “Prize”) It is further clarified that ASCPL shall at its sole discretion select the Winner and allocate the Prizes amongst the selected Winners by way of a random selection based on the criterion mentioned herein.

17. The maximum Prize awarded to a Winner will be the bill /invoice amount upto a maximum of Rs.10,000/- (Rupees Ten Thousand only). If the bill of a Winner exceeds Rs.10,000/-, the excess amount over and above Rs.10,000/- shall be borne by the Winner only. The Participant(s) shall keep safe their original bills/invoices issued by Big Bazaar at the time shopping and shall submit/surrender the Original bill to ASCPL for claiming the Prize money.

18. ASCPL shall contact the Winner/s for informing them of the date/time at which the Prize may be personally collected by them from a designated venue located in Bangalore, pre-informed by ASCPL. The Winners shall be announced on the Channel and /or digital platform ( www.facebook.com/starsuvarna ) or any other medium as ASCPL may deem fit and necessary at its sole discretion. 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(s) and providing the correct Answer during the Contest Period shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/ Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

19. These Winners shall be contacted by ASCPL on the mobile/ phone number through which Entry had been submitted to ASCPL informing them that they have been selected as the Winner of the Contest. The Winner shall be required to submit to ASCPL scanned copies of their age proof and address proof which shall be a valid passport copy, pan card copy, driver’s license, last two months bill for the mobile number registered with ASCPL (from which the Participant has submitted his/her Entry in the Contest), original bill/invoice issued by Big Bazaar, cancelled cheque, (“ Winner’s Documents”). The Winner’s shall be required to submit the Winner’s Documents to ASCPL within seven (07) days from the date of the telephonic communication received from ASCPL by the Winner.

20. ASCPL shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winner on the mobile/ phone number as shall be registered with ASCPL. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, ASCPL shall make maximum 1 (one) attempt to call the Winner. In case any oof the Winners is unavailable on all the attempts, the selection of that Winner shall be invalidated and ASCPL shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry during the Contest Period. For the avoidance of doubt such choice of new Winner by ASCPL shall be final and binding. ASCPL shall not be responsible if any of the Winner is not available on the mobile number provided by him/her and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.

21. In the event the said Winner fails to adhere to the instructions of ASCPL and/or fails to submit all the requisite Winner’s Documents as more particularly mentioned herein, then his/her selection shall be invalidated and ASCPL shall not be liable to that Winner in any manner whatsoever.

22. ASCPL and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion.

23. It is clarified hereby that ASCPL shall have a discretionary right to postpone/ cancel/change the destination of the Prize of reasons of unavoidable circumstances.

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

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

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

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

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

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

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

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

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

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

b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person 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.

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

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

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

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

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

II. GENERAL RULES

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

2. The Participant(s) interested in participating in the Contest must be above the age of 18 (eighteen) years and citizen of India and a resident of Karnataka 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. The employees or consultants of the ASCPL and its group companies and members of their immediate family; persons other than Indian nationals, or Indian nationals living out of Karnataka, or those who do not qualify under the definition of resident of India as per the Income Tax Act, 1961 are ineligible to be participant/s in the Contest

3. Proof of age, if requested, of the Participant(s) must be submitted to ASCPL (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 ASCPL to confirm the eligibility of the Participant(s). ASCPL also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/ provided/ stated by the Participant(s)/ 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 ASCPL 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. ASCPL reserves the right to cancel and/ or postpone the Contest without assigning any reasons and/ or without giving any prior intimation to the Participant(s).

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 ASCPL 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, ASCPL 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 ASCPL 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 ASCPL.

11. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against ASCPL, 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 ASCPL 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 ASCPL. In case the Winner(s) breaches this condition, he/she shall be liable to be disqualification/rejection and shall not be eligible for the Prize.

14. The Prize cannot be transferred, negotiated, refunded or exchanged for money 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 ASCPL or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel.

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

 

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

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

19. ASCPL 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 ASCPL 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) specifically agree and undertakes on behalf of himself / herself and his / her respective family members that he / she shall unconditionally make himself / herself and his / her family members accompanying him / her to watch the designated match at the venue available from time to time and co-operate with ASCPL and participate in any activity and/or campaign of any nature whatsoever (" Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself / herself and his / her respective family members allows, grants and permits ASCPL or any party authorized by it to record (audio-video/audio or video), his /her and /or his / her family member’s appearances, participation, performance, acts ,any interaction of the Winner and /or his / her family members within themselves and /or with any celebrities, media or any third party or any representative of ASCPL or any related series of sound recordings and video recordings which have been shot during the designated match at the venue and/or as part of the Promotional Activity on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Winner and /or his / her family members (“ Footage”) and agree that the Footage may be used by ASCPL as it deems fit anywhere in the world at any time now or in the future. The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with ASCPL worldwide in perpetuity and ASCPL is entitled to exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future . The Winner further agrees and undertakes to execute on his / her behalf as well as on behalf necessary documentary as may be required by ASCPL in respect of the exploitation and use of such footages

22. The Participant(s)/Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring ASCPL into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(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. ASCPL shall not be responsible if the Winner(s) is not available at the telephone numbers, provided by them and as a result of which, the Winner(s) loses his/her chance to the Prize and such decision of ASCPL shall be final and binding.

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, ASCPL shall be released from all obligations towards the Winner(s) in connection to the Prize won by the Winner(s). Further, after forfeiting the Prize, ASCPL shall be entitled to select and declare another Winner(s) (on a random basis on the criterion mentioned herein), as it deems fit, and award the Prize, to that Winner and such decision of ASCPL shall be final and binding.

26. Further, ASCPL shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner(s) is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which ASCPL is unable to intimate the Winner(s).

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

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

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

31. Each Participant in consideration of being given opportunity to participate in the Contest, agrees to hold harmless and indemnify ASCPL, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/ litigation/ injury/ damage/ harm/ loss suffered by ASCPL in connection with any act of the Participant(s)/Participant(s) Entry and/or the Contest 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 ASCPL 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 ASCPL 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 ASCPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Bangalore, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(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 Bangalore, India.

Family Cook Off Auditions

Terms & Conditions

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

2. 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 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.

3. These Terms and Conditions governing participation in the Program, uploaded on www.facebook.com/asianet (“Facebook Page”) shall be irrevocably binding on Participants 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 SAME under or pursuant to this Auditions and in relation to your participation in the same. The Participant and Your legal / natural guardian agree that your act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be their absolute acceptance on your behalf to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of SAME as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”).If you and /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 and /or your natural / legal guardian’s failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify Your participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participants and their legal / natural guardians on their behalf are requested herein unconditionally accept and agree to comply with and abide by the same.

4. By proceeding further, You and/or your natural/legal guardian (if you are a minor) on your behalf are representing to SAME 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.

Definitions:

“On ground Audition(s)” means the selection process of the Auditions as detailed herein, to be conducted inter alia at the Audition Centre(s) during the Audition Period which the Participants is required to qualify and pass for participating in the Program.

“Audition(s)” shall collectively mean and comprise of the On Ground Auditions to be conducted inter alia in the mode and manner as detailed and set out herein during the Audition Period which the Participants is required to qualify and pass for participating in the Program.

“Audition Centre” means for Participants: UAE

or any other location where, at the discretion of the Company, the Contestants need to come for participating in the on ground auditions.

“Audition Period” shall mean the period stipulated herein and/or updated by the Company at its discretion on the Website/Platform as mentioned above and communicated from time to time.

"SAME" means Star Asianet Middle East FZ LLC, the owner and right holder of the Program.

"Contestant(s)/Participants": Means any natural person(s) who is aged below 16 who has been legally authorized to enter the Auditions by its legal/natural guardian by executing necessary legal documents to that effect including but not limited to the Parental Consent Form, accompanied by an adult participant aged 21 and above being a resident of any of the jurisdiction of the Territory as per the respective applicable laws.

“legal/natural guardian” means the parents or legal guardian of the Participant.

“Parental Consent Form” shall mean an undertaking/consent to be executed by both the legal/natural guardian of the Participants with details and undertakings in the format /manner as sought by SAME and/or the Production House and/or the Channel at the time the Participant being shortlisted for the Auditions, in the manner as set out herein below. For the avoidance of doubt, the failure to execute such a document will disqualify the Participants from participating in the Auditions/Program, such decision being final and binding on both the natural/legal guardian of the Participant (s) and/or the Participant (s).

“Program” means the Show(s) (defined below) which shall be tentatively titled “FAMILY COOK OFF”

“Production House” means Aries Media FZ LLC

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

“Studio" means any location deemed fit by the SAME for filming of the Program;

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

“Works” shall mean and include any form of artistic works, works of authorship, performances and services made by the Participants or compilation, data which is developed, created, discovered, invented or otherwise brought into existence by the Participants during the course of 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;

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

PRINCIPAL RULE:

· The Auditions Period for the various modes of auditions shall be as follows:

FOR ON GROUND: Tentatively 12th April 2019, 9:00 AM UAE - 8:00 PM UAE

The selection and shortlisting process for the Auditions shall be conducted as detailed below:

AUDITION:

The Auditions for the on-ground auditions shall be conducted at the Audition Centre in the manner as detailed below:

1. Procedure to register:

The SAME shall promote the registration through on-air promos on the Channel, online through its Facebook Page and any other manner as the SAME may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Audition.

2. To register and to participate in the Audition, the interested Contestant(s)/Participants and natural/legal guardian of the Participants shall sms Family Cook Off to 7871(“Entry”) or as decided by SAME and notified to the Participants.

3. These details of all Contestants shall be viewed and evaluated by the representatives of the Company and /or and /or renowned experts appointed by the Company (“Panel “on the overall basis of his/her performance, talent / skill , grace, personality, technique, selection of act, ideas, entertainment factor, uniqueness of talent / skill, etc. or any such other criteria determined by the Company at its sole discretion. The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participants and their natural/legal guardian. The Participants and /or their natural / legal guardians shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law. The Panel will shortlist Contestants who shall be present at the Audition Centre for the auditions.

4. The Participants and their natural/legal guardian agree and acknowledge: (a) that they will travel, stay, etc. to the Audition Centre entirely at their own expense, (b) that they will be provided with a unique registration code at the Audition Centre (“Registration Number”) and that they may not transfer the same to any other person; and (c) that they must fill out and execute a registration form at the Audition Centre and duly submit all personal information as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein, (“Registration Form”). In case the said Contestant(s) is unable to furnish the certified or original copy of document(s) at the Audition Centre to verify the eligibility details, the said Contestant(s) shall be disqualified by SAME. For the purposes of this Audition, the executed copy of these Terms and Conditions, documentation, Registration Number and the Registration Form bearing the signature of the Contestant(s) and the signature of his/her legal/natural guardian duly submitted by the Contestant(s) at the Audition Centre shall be considered a complete entry (“Entry”). 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 is true, correct, accurate and original. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate information will be considered invalid and will be disqualified from participating in the Audition. The Channel /SAME 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 Audition and/or the Entry and the Contestant(s) shall unconditionally facilitate the same.

5. All entries at the Audition at the respective Audition Centre(s) shall be on first come first serve basis or any other time as decided by SAME at its sole discretion. It is further clarified that SAME 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 SAME in such situations shall be considered final and binding. Any Entry made after the Period will not be considered and shall be deemed null and void. SAME shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

6. Participants and natural/legal guardian of the Participants shall be required to be present in the Audition Centre at the Audition Centre on specific dates as decided by the Company. Participants shall be required to attend the audition with a dish prepared by themselves as a team and the same shall be judged by a chef present at the Audition Centre on a specific date as decided by the Company.

7. The Contestants may be further required to undergo an interactive session with the Panel ( as defined below) and /or representatives of the Company which would comprise of a personal interview with the Contestants and /or their natural / legal guardian in their presence wherein the Contestants and /or their legal / natural guardian shall be required to truthfully answer all personal and professional questions of any nature whatsoever posed by the aforementioned Panel. The Company then shall select a team of Participants to be the winner of the Program who shall be felicitated with a trophy as the winners of the Family Cook Off.

8. The legal / natural guardian on behalf of the Contestant voluntarily agrees and grants the Company permission to tape, record the above-mentioned Act and interactive session of the Auditions (“Audition Video”) and use and /or Exploit the same in any manner whatsoever worldwide in perpetuity. It is further clarified all rights including but not limited to the Intellectual Property Rights in these Audition Videos shall vest with SAME worldwide in perpetuity.

9. These Audition Videos of all Contestants shall be viewed and evaluated by the representatives of the Company and /or and /or renowned experts appointed by the Company (“Panel “on the overall basis of his/her performance, talent / skill, grace, personality, technique, selection of dish, ideas, entertainment factor, uniqueness of talent / skill, etc. or any such other criteria determined by the Company at its sole discretion. The decision of the Company with regard to the composition of the Panel shall be final and binding on the Participants and their natural/legal guardian. The Participants and /or their natural / legal guardians shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.

10. SAME shall select Participants selected by the Judging Panel for the main Program and the Participants shall be required to do the following: (i) sign along with their natural/legal guardians a separate document containing the terms and conditions for participating in the Program in India along with such other documents as required by SAME in its discretion (ii) make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by SAME from time to time, (iii) reside in any place in India and hotel as decided by SAME at its sole discretion, during the shoot schedule of the Program and (iv) be present at the Studio at the time and date communicated by SAME. The selected Show Player must always be present at the Studio at the time and date communicated by SAME. Being absent at the Studio at a time and place communicated to the Show Player may result in disqualification from the Auditions at the sole discretion of SAME.

11. The Participants and their respective natural/legal guardians shall make a declaration as to the physical and mental fitness of the Participant to participate in the Audition.

12. All ancillary costs not expressly agreed to be paid by SAME and incurred by Participants and their respective natural/legal guardians shall be the sole responsibility of the Participants and their respective natural/legal guardians.

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

14. SAME reserves the right to withdraw the Audition at any time for any reason whatsoever.

15. It is clarified that Contestant(s) who have participated in singing based reality shows /programs broadcast /telecast on any satellite channel, will need to mandatorily inform SAME about such participation prior to participating in this Audition. The final decision whether to select such Contestant(s) for the Audition shall vest with SAME.

16. SAME 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).

17. For avoidance of doubt it is clarified that the final selection of the participants made by the Channel/SAME /jury/judges/Judges shall be final and binding on all the Contestant(s). In the event of any fault, misunderstanding or dispute concerning any part of the Audition and/or the selection process to qualify for the Contest/Program, the decision of SAME shall be final and binding.

18. The SAME and /or the Production house and /or the jury 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 the Audition. It is further clarified that SAME and /or the Production House and /or the jury 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 (in their absolute discretion).

19. SAME will not be liable for any non-selection of a Participant due to technical faults in the video booth, mobile booths or internet.

GENERAL RULES

1. The Audition is strictly open to a team comprising of 2 family members - The Adult Participants must be individual citizens/resident of the Territory and of twenty (21) years of age or above at the start date of the Audition Period. And the child Participants must be individual citizens/resident of the Territory and of below Sixteen (16) years of age at the start date of the Audition Period .

2. Employees of the Company, 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 Malayalam 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 Participants in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with the Company and in the information(s) stated in the documents furnished by the Participants.

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

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

5. The Contestant(s) must participate in the Audition only as a team.

6. SAME excludes its liability to the Participants and their natural/legal guardians to the maximum extent permitted by law, including, without limitation, in relation to 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/Auditions/selection process. Nothing in these Terms and Conditions excludes liability for personal injury or death caused by the negligence of SAME.

7. Participant and/or the natural/legal guardian of a Participant acknowledge that a degree of fictionalization is inherent in the Program. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner. Participant and/or the natural/legal guardian of a Participant fully understands and agrees to this aspect of the Program.

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

9. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Program. The Participant further confirms that he /she is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems that might render them incapable of participating in the show.

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

11. Employees of the SAME, 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; are ineligible to enter 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 SAME hereunder may result in disqualification. The SAME also reserves the right to disqualify a Participants in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with SAME and in the information(s) stated in the documents furnished by the Participants.

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

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

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

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

16. Participants shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement of any event or any person alive or deceased, material, or anything of an advertising nature. Participants shall ensure that his/her Act does not contain any element which is: (a) immoral in nature; and/or (b) dangerous to life or prejudicial to the health, physical fitness and kind treatment of the Participant.

17. Participants and /or legal /natural guardians on behalf of Participants shall not grant or publish any interviews, publish any information /details news articles, or issue any other kind of press or public release concerning their participation in the Program without SAME’s prior written consent in each instance.

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

19. 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 beyond the reasonable control of the SAME (“Force Majeure”) which continues for a period of fifteen (15) days, the SAME may at its sole discretion cancel all or any part of the Show/ Programs/ Auditions and/or participation of a Participants/Show Players forthwith and such decision shall be final and binding on the Participants.

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

21. Participants specifically agree, allows, grants and permits the SAME or any party authorized by it to record (audio-video/audio or video), the participation process/performance at the Audition, including the acts and performances, any interaction of the Participant with SAME or fellow Participant or any representative of the SAME, 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 SAME as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with SAME worldwide in perpetuity and SAME is entitled to exploit the same in any manner it may deem fit.

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

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

23. The Participant agree and acknowledge that the Channel /SAMEshall have the sole and exclusive right to edit , alter, modify and or use any Footage or Works 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).

24. Participants and the natural/legal guardian(s) of the Participants 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. SAME reserves the right to use, in any manner whatsoever, in part or in whole the Likeness, Program and/or program elements including without limitation in connection with any merchandise, tie-in, product or service of any kind, whether or not such use is in connection with the Program or SAME or the Channel without notice to the Participant and without any further compensation to the Participant.

25. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. SAME 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 other than as required by applicable law. The Participants and/or the natural/legal guardian of the Participant acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

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

27. Participants neither through themselves nor through their natural/legal guardians shall 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.

28. 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.

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

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

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

32. The parties irrevocably agree that the Dubai courts shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms and Conditions, its subject matter or formation.

Bayasade Bali Bande Hosa Varsha Sambrama Contest

TERMS & CONDITIONS

These terms and conditions (‘Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest titled ‘Bayasade Bali Bande Hosa Varsha Sambrama” (‘Contest’) which will be hosted by Asianet Star Communications Private Limited. (“ASCPL”) for the purpose of promotion and viewer engagement of its channel ‘Star Suvarna’ (“Channel”) and the program “Bayasade Bali Bande” (“Program”). The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of ASCPL for all matters relating to the Contest shall be final and binding in all respects.

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

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

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

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

I. PRINCIPAL RULES

1. For participating in the Contest, the interested eligible Participants shall send an SMS in the manner stated herein below from 06 A.M. on 2 nd April, 2019 (Tuesday) up to 11:59 P.M. on 20th April, 2019 (Saturday) (both days inclusive) (‘Contest Period’) and any extensions/modifications as notified by ASCPL from time to time.

2. During the Contest Period, ASCPL will ask a Question (“Question”) relating to the Program at the end card of promos of the Program, Aston and L bands on the Channel and on digital platform

3. The interested Participants may at any time during the Contest Period, choose to answer the Question asked during promos of the Program, Aston and L bands on the Channel, and on digital platforms and stand a chance to get selected to participate in the Contest .

4. To participate in the Contest, the interested eligible Participant(s) shall be required to correctly answer the Question, by sending SMS (of the correct answer from options A and B,) during the Contest Period in the following format to 57827:

BBB<space>A/B/ (Answer Option) <space> Place (District name) to 57827

It is clarified that the Question shall have only 1 (one) correct answer either A or B and to qualify to get selection to participate in the Contest, the Participants shall be required provide the correct answer to the Question by sending an SMS containing the keywords in the manner specified above, during the Contest Period. It is further clarified that Answer having incorrect keywords shall be considered invalid and shall not qualify for the Contest.

5. It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest from time to time. ASCPL reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants (ii) make amendments to the existing Terms & Conditions or Contest Period or withdraw, change, alter, amend the Terms and Conditions (iii) extend or curtail the Contest Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates in the Terms and Conditions and abide by the same without any recourse to ASCPL for any reason whatsoever.

5.1. It is further clarified that:

5.1.1. The Participant is required to correctly answer the Question during the Contest Period by sending SMS in the manner specified above;

5.1.2. The Participant shall be free and entitled to send the SMS any number of times during the Entry Period. However, If a Participant submits an Answer and sends SMS multiple times during the Contest Period, it shall only be considered for the purpose of the Contest as one Entry (defined below).

5.2. If a Participant provides an incorrect answer to the Question, then his/her Entry shall be considered incomplete and the Participant(s) shall not be eligible for selection for participating in the Contest. Answer(s)/ Entry(s) received by ASCPL after the Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by ASCPL.

5.3. For purposes of this Contest, “receipt” of Answer 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 to the Question during the Contest Period by the Participant through SMS shall be considered as a complete and valid Entry (“Entry”). For the avoidance of doubt, by submitting the Entry and/ or Answer, the Participant(s) is representing that the Entry(s) and /or Answer or contents thereof are not confidential or comprise any sensitive personal information. SMS sent by the Participant to an incorrect number or without the requisite characters or <space> or correct alphabets or numeric/s in the order specified or SMS sent after the 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) Airtel (ii) Vodafone or (iii) Idea or (iv) Tata 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 ASCPL. The cost charged to the Participant(s) by the respective network provider(s) shall be as follows:

Operator

Costs

Airtel ROI(Rest of India)

Rs. 3/ Sms

Airtel TN & Chennai

Rs. 5/ Sms

Vodafone

Rs. 3/ Sms

Idea

Rs. 3/ Sms

Tata

Rs. 3/ Sms

*Rates are subject to change due to recent TRAI regulations. Participants are requested to check rates with their telecom operators.

It is clarified that the above-mentioned charges will be applicable to all valid & invalid Entries sent through the participation mechanism

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

9. Winner Selection and Gratification:

9.1. At the end of the Contest Period, on the basis of the having made a valid Entry and his/her providing correct Answer(s) to the Question triggered during the Contest Period shall be shortlisted by ASCPL at its sole discretion and subsequently out of these shortlisted Participant(s), STAR India shall by way of random selection on the aforementioned criteria at its discretion, from the aforementioned shortlisted Participant(s )select and declare 150 (One Hundred and Fifty) Participants as Winners (“Winners”).

9.2. The Winners will be entitled to participate in an Event (“Event”) which involves the celebrations of Ugadi (Kannada New Year) with the cast/crew of the Program in five cities/Towns namely Mysore, Davangere, Shivamogga, Hubli/Dharwad and Bangalore.

9.3. The dates and venue address of the Event in these 5 cities/towns will be informed to the respective Winners by phone.

11.5 It is clarified that the total number of Winners selected by ASCPL shall not exceed 150 (One Hundred ) for each city/town stated above and/or as ASCPL may decide at its sole discretion.

11.6 The Winner(s) will be contacted by ASCPL on the registered mobile number of the Winner(s) from which the Entry was sent for the Contest. The Winner (s) will be contacted by the executive of the ASCPL between 9:00 Am and 7:00 Pm. In the event the Participant’s registered mobile number or lines on the route are busy and/or the Winner(s) are unavailable to answer the call, ASCPL 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 and /or the Winner is found to be in breach of any of terms of these Terms & Conditions and /or fails to submit or provide the necessary details and /or documentation as may be required by ASCPL for participating in the Contest and /or Winner fails to present himself / herself at the venue of the Event informed to him/her, then the selection of that Winner(s) shall be invalidated and ASCPL at its sole discretion may select another Winner at its sole discretion. It is further clarified that failure of any of the Winners to respond to ASCPL’s above communications, will result in disqualification of such Winner. For the avoidance of doubt, such choice of Winners by ASCPL shall be final and binding. ASCPL 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 participate in the Event and such decision shall be final and binding.

9.4. If the Winner(s) refuses to participate in the Event, ASCPL shall be released from all obligations towards the Winner(s) in connection to his /her participation in the Contest. In such circumstances, ASCPL shall be entitled to select and declare another Winner from among the other Participants, as it deems fit, and such decision of ASCPL shall be final and binding on all Participants including the Winner(s) and Winners (s) undertake to not dispute the same..

9.5. Upon being contacted by a representative of ASCPL, the Winners will be required to give the following information

a. Full name,

b. Gender

c. Age

d. Address

9.6. After receiving the above information, the representative of ASCPL will ask/invite the Winner to attend the Event on the date and at the venue to be decided by ASCPL, along with Id and residence proof.

a. Valid photo ID and residence proofs that will be admissible are:

a. UID / Aadhar Card

b. Passport

c. Voter ID

d. Driver’s License

e. Pan Card (only Id Proof and the Winner have to produce residence proof )

9.7. The Winners shall defray their travel, lodging and other expenses for participating in the Event. ASCPL shall not be responsible for any of the expenses incurred by the winners for participating in the Event.

9.8. The Winner(s) shall not in any manner whatsoever be allowed to have any one impersonate him / her for participating in the Event. In the event, it comes to the notice of ASCPL that any of the Winner(s) is indulging in such illegal activity, ASCPL shall forthwith rescind and invalidate the participation of such Winner(s) in the Event without further notice. Without prejudice to the above, ASCPL shall have the absolute right to notify the concerned appropriate authorities of such illegal activities being undertaken by the Winner(s) and/or take such action against the Winner(s) and/or any other person(s) associated with such activity, as it may deem appropriate, under the applicable laws.

10. The final selection of the Winner(s) shall be made by ASCPL 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 ASCPL 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 Event, the decision of ASCPL shall be final and binding.

11. The Participant(s)/Winner(s) shall not in any circumstances make any claims against any ASCPL entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due 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.

12. By sending Entry, 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 participation in the Event, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest (if any), notwithstanding the foregoing, under no circumstances will ASCPL 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.

13. If ASCPL 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 ASCPL entities into public disrepute, contempt, scandal or ridicule or reflect unfavourably on ASCPL as determined in their sole discretion.

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

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

16. ASCPL reserves the right to disqualify any Participant(s)/Winner(s) from participating in the Contest and Event if his/her conduct is found to not be in concurrence with the Terms and Conditions set out herein or as may be revised by ASCPL from time to time. ASCPL reserves the absolute right and discretion to reject any “Entry(s)/Answer(s)” or any part thereof at any stage of the Contest, including after declaring the Winner(s) if ASCPL 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; 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, 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; 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 ASCPL in this regard shall be final and binding upon the Participant(s)/Winner(s).

17. In consideration of the participation in the Contest, Participant/Winner(s) hereby irrevocably, exclusively and perpetually assigns all rights, titles and interest in and to the text or any parts thereof submitted with the Entry and/or the Answer, during or pursuant to the Contest, including rights in any forms of intellectual property including but not limited to right to use, add, alter, translate, adapt any Entry or performance made during the participation in the Event 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 ASCPL. 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 ASCPL for use in the entire world in any media and form as ASCPL may deem fit, of the texts, Entry , performance or any parts thereof submitted during the Contest to ASCPL including right to use, add, alter, translate, adapt any Entry , performance made including but not limited to for use of the same on the world wide web (Internet), publications, communication to the public in any other form of media. The Participant(s)/Winner(s) waives any so called moral rights in the Entry.

18. By participating in the Contest, it is construed that the Participant(s) has read and understood these Terms and Conditions, Personal Data 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.

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

20. In case of telecom and/or network failure and/or for any reasons whatsoever including regulatory limitations, ASCPL 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.

21. Neither ASCPL 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 ASCPL or the Channel.

22. The Participant(s) in this regard waives its right to make any claims against ASCPL, 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.

23. 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 and the Event

e. GENERAL RULES

1. In order to participate in the Contest, the participate should be fulfill the eligibility criteria ie., the participant should be (i) a citizen of India, (ii) above 18 years of age as on 2nd April, 2019, (iii) resident of Karnataka. The employees or consultants of the ASCPL,; and members of their immediate family; persons other than Indian nationals, or Indian nationals living out of Karnataka, or those who do not qualify under the definition of resident of India as per the Income Tax Act, 1961 are ineligible to be participant/s in the Contest

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

3. 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.

4. Proof of age, if requested, of the Participant(s) must be submitted to ASCPL (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 ASCPL to confirm the eligibility of the Participant(s). ASCPL also reserves the right to disqualify a Participant(s)/ Winner(s) in case a discrepancy is found to exist in the information furnished/ provided/ stated by the Participant(s)/ Winner(s) at any point of time during the Contest Period.

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

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

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

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

9. 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 ASCPL will disqualify the Entry/ Answer received from such Participant(s)/ Winner(s).

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

11. In case of any telecom and /or network failure, unclear network, disruption in the network, and /or technical failure in submitting and/ or providing the Entry/ Answer and/or for any reasons whatsoever, ASCPL 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 ASCPL shall not be liable and /or responsible in any manner whatsoever in the Contest 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 Contest due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of ASCPL.

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

13. To the extent permissible in law, Participant(s) shall not in any circumstances make any claims against ASCPL, 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.

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

15. The right of participation in the Event given to a Winner 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 participation in the Event will be recorded by ASCPL or will be incorporated in the Program or will find a mention in the Program and/ or on the Channel. However, ASCPL shall be entitled to shoot and record the entire Event and shall have all the Intellectual Property Rights in the footages for the entire world and for perpetual period.

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

 

17. ASCPL 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.

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

19. ASCPL makes no representation and/or warranty regarding the participation of the Winners in the Event other than those given in these Terms and Conditions and hereby expressly disclaims all other warranties, expressed or implied.

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

21. The Participant(s)/Winner(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring ASCPL into public disrepute or denigrate any of the preceding, or offend any community or public morals and in all public appearances the Participant(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.

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

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

24. For the sake of clarity, if the Winner(s) refuses to participate in the Event, ASCPL shall be released from all obligations towards the Winner(s) in connection to the Event. In such circumstance, ASCPL shall be entitled to provide the opportunity to any other participant, and such decision of ASCPL shall be final and binding.

25. Further, ASCPL shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner(s) is not reachable or any technical disruption and/or failure and/or any other difficulties of such nature, due to which ASCPL is unable to intimate the Winner(s).

26. Each Participant in consideration of being given opportunity to participate in the Contest, agrees that the Participant/Winner shall hold harmless and indemnify the ASCPL, 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 Event 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.

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

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

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

30. The Participant(s)/Winner(s) acknowledges that in case the performance of this Contest or Event 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 ASCPL shall be at liberty and upon their sole discretion to terminate any participation of a Participant(s)/Winner(s) forthwith and such decision shall be final and binding.

31. 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.

32. 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.

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

34. 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 participation in the Contest shall be referred to a sole arbitrator appointed by ASCPL and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Bangalore, and shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner(s) who has raised the dispute.

35. Subject to the provision of 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 Bangalore, India.

Asianet wonder kid UAE audition

TERMS & CONDITIONS

1. The following terms and conditions govern the entire process for Auditions (as defined below) as detailed herein for participation in the reality program tentatively titled “ASIANET WONDER KID UAE AUDITION” (“Program”) and shall be binding on each participant (“Participant”, “Contestant”, “Your” and/or “You”) residing in the United Arab Emirates (hereinafter referred to as “Territory”) who voluntarily desires to participate in the Auditions hosted by Asianet Star Communications Private Limited (“ASCPL/Company”) (as defined below) for the purpose of selection and participation of Participants in the Program to be aired on, inter alia, on ASCPL’s and /or its network of channels and/or any other channel as deemed fit by ASCPLASCPL (hereinafter collectively referred to as “Channel”).

2. 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 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.

3. These Terms and Conditions governing participation in the Program, uploaded on www.facebook.com/asianet (“Facebook Page”) shall be irrevocably binding on the legal / natural guardian of 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 ASCPL under or pursuant to this Auditions and in relation to your participation in the same. Your legal / natural guardian agree that your act of voluntarily participating in the Auditions in the manner as detailed below shall be deemed to be their absolute acceptance on your behalf to the Terms and Conditions, Terms of Use, Privacy Policy and User Generated Content of ASCPL as prescribed from time to time (hereinafter collectively referred to as “Terms and Conditions”).If you and /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 and /or your natural / legal guardian’s failure to accept these Terms and Conditions or the Privacy Policy or Terms of Use or User Generated Content will disqualify your participation in the Auditions. The Auditions shall be governed by the Terms and Conditions stated herein below and all Participant(s) and their legal / natural guardians on their behalf are requested herein unconditionally accept and agree to comply with and abide by the same.

4. By proceeding further, you and/or your natural/legal guardian on your behalf are representing to ASCPL 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.

Definitions

“On ground Audition(s)” means the selection process of the Auditions as detailed herein, to be conducted inter alia at the Audition Centre(s) during the Audition Period which the Participant(s) is required to qualify and pass for participating in the Program.

“Audition(s)” shall collectively mean and comprise of the On Ground Auditions to be conducted inter alia in the mode and manner as detailed and set out herein during the Audition Period which the Participant(s) is required to qualify and pass for participating in the Program.

“Audition Centre” means for Participants: Holiday Inn, Embassy District , Bur Dubai

or any other location where, at the discretion of the Company, the Contestants need to come for participating in the on ground auditions.

“Audition Period” shall mean the period stipulated herein and/or updated by the Company at its discretion on the Website/Platform as mentioned above and communicated from time to time.

"ASCPL" means Asianet Star Communications Private Limited, the owner and right holder of the Program.

"Contestant(s)/Participant(s)": Means any natural person(s) who is aged between 6 to 14, being a resident of any of the jurisdiction of the Territory as per the respective applicable laws and enters the Auditions/Program who has been legally authorized to enter the Auditions by its legal/natural guardian by executing necessary legal documents to that effect including but not limited to the Parental Consent Form.

“legal/natural guardian” means the parents or legal guardian of the Participant.

“Parental Consent Form” shall mean an undertaking/consent to be executed by both the legal/natural guardian of the Participant(s) with details and undertakings in the format /manner as sought by ASCPL and/or the Production House and/or the Channel at the time the Participant being shortlisted for the Auditions, in the manner as set out herein below. For the avoidance of doubt, the failure to execute such a document will disqualify the Participant(s) from participating in the Auditions/Program, such decision being final and binding on both the natural/legal guardian of the Participant (s) and/or the Participant (s).

“Program” means the Show(s) (defined below) which shall be tentatively titled “ASIANET WONDER KID UAE AUDITION “Production House” means a production house as decided by ASCPL.

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

“Show Player” means the selected Contestant who is the winner of the Audition selected through the process of the Audition to participate as a wild card entry in the Program at Kochi, Kerala ;

“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 ASCPL 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 ASCPL for filming of the Program;

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

“Works” shall mean and include 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;

“Exploitation/Exploit” shall mean the exploitation of the Works including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Works, either in whole or in part, in any form/format or language, as may be decided by ASCPL in its sole discretion and shall include incorporation of the Works including performances in the Program or any audio visual recording or sound recording or as may be decided by ASCPL in its sole discretion as well as the conversion of the Works from one form/format to another and in relation to the Works , making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Works for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. Where applicable, the capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Copyright Act(Cap. 63) as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

PRINCIPAL RULE:

· The Auditions Period for the various modes of auditions shall be as follows:

FOR ON GROUND: ____________ to __________ .

The selection and shortlisting process for the Auditions shall be conducted as detailed below:

AUDITION

The Auditions for the on-ground auditions shall be conducted at the Audition Centre in the manner as detailed below:

1. Procedure to register:

The ASCPL shall promote the registration through on-air promos on the Channel, online through its Facebook Page and any other manner as the ASCPL may deem fit, at its sole discretion, stating the mechanism in which the Contestant(s) can participate in the Audition.

2. To register and to participate in the Audition, the interested Contestant(s)/Participant(s) and natural/legal guardian of the Participant(s) shall send their details i.e. name, age, talents and contact details to marketingme@startv.com, or as decided by ASCPL and notified to the Participants.

3. These details of all Contestants shall be viewed and evaluated by the representatives of the Company and /or and /or renowned experts appointed by the Company (“Panel “on the overall basis of his/her performance, talent / skill, grace, personality, technique, selection of act, ideas, entertainment factor, uniqueness of talent / skill, etc. or any such other criteria determined by the Company at 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) and their natural/legal guardian. The Participant(s) and /or their natural / legal guardians shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law. The Panel will shortlist Contestants who shall be present at the Audition Centre for the auditions.

4. The Participants and their natural/legal guardian agree and acknowledge: (a) that they will travel, stay, etc. to the Audition Centre entirely at their own expense, (b) that they will be provided with a unique registration code at the Audition Centre (“Registration Number”) and that they may not transfer the same to any other person; and (c) that they must fill out and execute a registration form at the Audition Centre and duly submit all personal information as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein, (“Registration Form”). In case the said Contestant(s) is unable to furnish the certified or original copy of document(s) at the Audition Centre to verify the eligibility details, the said Contestant(s) shall be disqualified by ASCPL. For the purposes of this Audition, the executed copy of these Terms and Conditions, documentation, Registration Number and the Registration Form bearing the signature of the Contestant(s) and the signature of his/her legal/natural guardian duly submitted by the Contestant(s) at the Audition Centre shall be considered a complete entry (“Entry”). 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 is true, correct, accurate and original. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate information will be considered invalid and will be disqualified from participating in the Audition. The Channel /ASCPL 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 Audition and/or the Entry and the Contestant(s) shall unconditionally facilitate the same.

5. All entries at the Audition at the respective Audition Centre(s) shall be on first come first serve basis or any other time as decided by ASCPL at its sole discretion. It is further clarified that ASCPL 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 ASCPL in such situations shall be considered final and binding. Any Entry made after the Period will not be considered and shall be deemed null and void. ASCPL shall not be responsible for any Entries submitted but not received due to any reason whatsoever.

6. Participant(s) and natural/legal guardian of the Participant(s) shall be required to be present in the Audition Centre at the Audition Centre on specific dates as decided by the Company. The Contestant(s) will be asked to perform a minimum 1 (one) act and maximum 2 (two) showcasing their respective talents and /or skills including but not limited to singing, dancing, martial arts, acrobatics etc. acts [“Act(s)”] The Contestants may be further required to undergo an interactive session with the Panel ( as defined below) and /or representatives of the Company which would comprise of a personal interview with the Contestants and /or their natural / legal guardian in their presence wherein the Contestants and /or their legal / natural guardian shall be required to truthfully answer all personal and professional questions of any nature whatsoever posed by the aforementioned Panel.

7. The legal / natural guardian on behalf of the Contestant voluntarily agrees and grants the Company permission to tape , record the above mentioned Act and interactive session of the Auditions (“Audition Video”) and use and /or Exploit the same in any manner whatsoever worldwide in perpetuity . It is further clarified all rights including but not limited to the Intellectual Property Rights in these Audition Videos shall vest with ASCPL worldwide in perpetuity.

8. These Audition Videos of all Contestants shall be viewed and evaluated by the representatives of the Company and /or and /or renowned experts appointed by the Company (“Panel “on the overall basis of his/her performance, talent / skill , grace, personality, technique, selection of act, ideas, entertainment factor, uniqueness of talent / skill, etc. or any such other criteria determined by the Company at 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) and their natural/legal guardian. The Participant(s) and /or their natural / legal guardians shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.

9. ASCPL shall select a Show Player from amongst the Participant(s) selected by the Judging Panel for the main Program and the selected Show Player shall be required to do the following: (i) sign along with their natural/legal guardians a separate document containing the terms and conditions for participating in the Program in India along with such other documents as required by ASCPL in its discretion (ii) make themselves available for all shoot dates and travel to any place for the shoot of the Program, as may be informed by ASCPL from time to time, (iii) reside in any place in India and hotel as decided by ASCPL at its sole discretion, during the shoot schedule of the Program and (iv) be present at the Studio at the time and date communicated by ASCPL. The selected Show Player must always be present at the Studio at the time and date communicated by ASCPL. Being absent at the Studio at a time and place communicated to the Show Player may result in disqualification from the Auditions at the sole discretion of ASCPL.

10. The Show Player and his/her natural/legal guardian shall travel/stay on the dates booked by ASCPL 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 ASCPL reserves the right to choose another date for travel/stay which it shall communicate to the Show Player and his/her natural/legal guardian. The cost of lodging, food and beverages of such Show Player and his/her natural/legal guardian shall be borne by agents of ASCPL.

11. The Show Player and his/her natural/legal guardian 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 Show Player and his/her natural/legal guardian from time to time. The Show Player and his/her natural/legal guardian shall keep ASCPL indemnified for any loss suffered as a result of the same.

12. Show Player and his/her natural/legal guardian has the sole right to select the hotel accommodation for the stay, the cost of up-gradation shall be borne solely by the Show Player and his/her natural/legal guardian.

13. ASCPL assumes no responsibility towards the safety of the Show Player and his/her natural/legal guardian during the travel/stay or transit period.

14. ASCPL shall not be responsible for payment towards alcohol, cigarette, laundry, telephone, mini bar etc. consumed by the Show Player and his/her natural/legal guardian.

15. The Show Player and his/her natural/legal guardian shall make a declaration as to his physical and mental fitness to travel/stay and shall indemnify ASCPL against any losses that they may suffer jointly or severally on account of or by reason of any of the representations and warranties.

16. The Participant(s) and their respective natural/legal guardians shall make a declaration as to the physical and mental fitness of the Participant to participate in the Audition.

17. All ancillary costs not expressly agreed to be paid by ASCPL and incurred by Participant(s) and their respective natural/legal guardians shall be the sole responsibility of the Participant(s) and their respective natural/legal guardians.

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

19. ASCPL reserves the right to withdraw the Audition at any time for any reason whatsoever.

20. It is clarified that Contestant(s) who have participated in singing based reality shows /programs broadcast /telecast on any satellite channel, will need to mandatorily inform ASCPL about such participation prior to participating in this Audition. The final decision whether to select such Contestant(s) for the Audition shall vest with ASCPL.

21. ASCPL 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).

22. For avoidance of doubt it is clarified that the final selection of the Show Player made by the Channel/ASCPL /jury/judges/Judges shall be final and binding on all the Contestant(s). In the event of any fault, misunderstanding or dispute concerning any part of the Audition and/or the selection process to qualify for the Contest/Program, the decision of ASCPL shall be final and binding.

23. The ASCPL and /or the Production house and /or the jury 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 the Audition. It is further clarified that ASCPL and /or the Production House and /or the jury 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 (in their absolute discretion).

24. ASCPL will not be liable for any non-selection of a Participant due to technical faults in the video booth, mobile booths or internet.

GENERAL RULES

1. The Audition is strictly open to Contestant(s) aged between 5 (five) to 14 (fourteen) and is resident of the UAE as of .

January 1, 2019 during the Period of the Auditions.

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

3. In the event the Participant and 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, the Company reserves the right to disqualify the Participant immediately and his /her Entry shall be considered null and void. Such disqualified Participant shall not be eligible to proceed further in the Auditions. Further, it is the onus of the parents / natural guardian /legal guardian of the Participant(s) to ensure that the participation of the Participant is as per the applicable laws. In case it is found to be otherwise by the Company then immediately such minor Participant shall be disqualified.

4. Participant and/or the parent /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 honoring any of the Terms and Conditions stated herein.

5. The Contestant(s) must participate in the Audition only as an individual. For clarification, it is stated that the performance of the Contestant(s) cannot be a duo performance or a group performance.

6. ASCPL excludes its liability to the Participants and their natural/legal guardians to the maximum extent permitted by law, including, without limitation, in relation to 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/Auditions/selection process. Nothing in these Terms and Conditions excludes liability for personal injury or death caused by the negligence of ASCPL.

7. Participant and/or the natural/legal guardian of a Participant acknowledge that a degree of fictionalization is inherent in the Program. Due to the aforesaid nature of the Program, there may be segments in the Auditions and /or Program which may depict the Participant in an unfavorable manner. Participant and/or the natural/legal guardian of a Participant fully understands and agrees to this aspect of the Program.

8. ASCPL reserves the right to terminate / postpone the Auditions at any time without any prior intimation or notice to the public/ Participants. ASCPL/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.

9. The Participant should not have been convicted under criminal laws and/or should not be disqualified under any applicable law from participating in the Auditions. The Participant must be in a physically, emotionally and mentally fit condition to participate in the Auditions/Program. The Participant further confirms that he /she is medically fit to travel anywhere and anytime and that he /she does not suffer from any kind of ill health, disease, ailment(s) and medical problems that might render them incapable of participating in the show.

10. Participant(s) is required to furnish necessary supporting documentation in certified or original copy at the Audition Centre (i.e., birth certificate or passport) and/or any other documentary proof as may be required by the ASCPL to confirm the eligibility of the Participant(s) at any stage of the Auditions. 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.

11. Employees of the ASCPL, 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; are ineligible to enter 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 ASCPL hereunder may result in disqualification. The ASCPL also reserves the right to disqualify a Participant(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant during the conversation with ASCPL and in the information(s) stated in the documents furnished by the Participant(s).

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

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

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

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

16. Participant(s) shall not during the Auditions/Program make any obscene gesture(s)/acts, or any defamatory statement of any event or any person alive or deceased, material, or anything of an advertising nature. Participant(s) shall ensure that his/her Act does not contain any element which is: (a) immoral in nature; and/or (b) dangerous to life or prejudicial to the health, physical fitness and kind treatment of the Participant.

17. Participant(s) and /or legal /natural guardians on behalf of Participants shall not grant or publish any interviews, publish any information /details news articles, or issue any other kind of press or public release concerning their participation in the Program without ASCPL’s prior written consent in each instance.

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

19. 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 beyond the reasonable control of the ASCPL (“Force Majeure”) which continues for a period of fifteen (15) days, the ASCPL 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.

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

21. Participant(s) specifically agree, allows, grants and permits the ASCPL or any party authorized by it to record (audio-video/audio or video), the participation process/performance at the Audition, including the acts and performances, any interaction of the Participant with ASCPL or fellow Participant or any representative of the ASCPL, 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 ASCPL as it deems fit anywhere in the world at any time now or in the future, including but not limited for promotion of the Program. For the avoidance of doubt, all rights in the Footage vests exclusively with ASCPL worldwide in perpetuity and ASCPL is entitled to exploit the same in any manner it may deem fit.

22. In consideration of being afforded an opportunity to participate in the Program/Auditions, the Participants and the natural/legal guardian agree, represent and warrant that all Intellectual Property in and to the Works shall remain the exclusive property of ASCPL 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 Works, do not vest with ASCPL, by operation of law, the Participant and/or natural guardian/legal guardian 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 Works including rights in any Exploitation thereof to ASCPL. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Works in relation to future medium or mode of exploitation of the Works is not held valid by operation of law, notwithstanding the assignment of such rights in favour of ASCPL, the Participant and/or natural guardian of the Participant(s) hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to ASCPL for such future medium or mode of exploitation of the Intellectual Property in and to the Works as may be developed in the future, for the entire world. Notwithstanding the above, the Participant and the natural/legal guardian on the behalf of the Participants hereby agree that neither the Participant(s) nor his legal/natural guardian shall assign or in any other manner transfer rights including the Intellectual Property in and to the Works for such means and modes of exploitation of the Works which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to ASCPL without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Works for the entire world and perpetuity to the ASCPL (‘Offer’). The Participant and /or natural/legal guardian of the Participant(s) agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Works to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, ASCPL may Exploit the rights including the Intellectual Property in and to the Works at any time it chooses.

The Participant(s) and natural/legal guardian waive off their “Moral Rights” (or any analogous rights granted under the Copyright Act (Cap. 63)) with respect to the Works / participation in the Auditions/ Program. Further, the Participant(s) natural/legal guardian of the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Works.

23. The Participant agree and acknowledge that the Channel /ASCPLshall have the sole and exclusive right to edit, alter, modify and or use any Footage or Works 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).

24. Participant(s) and the natural/legal guardian(s) 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. ASCPL 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 ASCPL or the Channel without notice to the Participant and without any further compensation to the Participant.

25. The Participant acknowledges and understands that the participation in the Auditions is at their own risk. ASCPL 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 other than as required by applicable law. The Participant(s) and/or the natural/legal guardian of the Participant acknowledge and understand that the participation of the Participant in the Auditions/Program is at his/her own risk.

26. Certain information relating to the Production House, ASCPL, the Program, Channel, will be disclosed to the Participant(s) by the Production House and/or ASCPL 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/ASCPL, as the case may be, and is valuable, special and unique to the business of Production House/ASCPL, as the case may be. Participant(s) 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.

27. Participant(s) neither through themselves nor through their natural/legal guardians shall 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.

28. 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.

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

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

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

32. The parties irrevocably agree that the Dubai courts shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms and Conditions, its subject matter or formation.

“Jalsha Dekhun Shona Jitun Contest”

TERMS & CONDITIONS

These terms and conditions (‘Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’)who voluntarily agrees to participate in the contest titled “Jalsha Dekhun Shona Jitun Contest” (‘Contest’) which will be hosted by Star India Pvt. Ltd. (“Star India”) for the purpose of promotion and viewer engagement of its channel ‘Star Jalsha’ (“Channel”) and its programs (“Jalsha Programs”). The Contest will be conducted on the Channel.

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.

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 Website (defined below), unless otherwise mentioned. The Participants are encouraged to re-visit the Website to stay abreast of any changes that may be introduced. Your continued participation in the Contest shall be deemed acceptance of such Terms & Conditions. You acknowledge that no knowledge of the revisions made shall not be a defense in any proceeding with regard to the Contest.

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

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

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

I. Principal Rules

  1. Star India shall announce the Contest via promos on the Channel and other channels of Star India, Newspaper ads, Radio, Outdoor and digital platforms of the Channel (Facebook, Twitter and Instagram) or through any other medium of exploitation which shall be at the sole discretion of Star India.
  1. The Contest shall commence from 30th March, 2019 at 17:30pm Indian Standard Time (“IST”) and shall conclude on10th May 2019 at 11:59 pm IST (“Contest Period”) on the Channel. For sake of clarity it is clarified that the Contest Period shall consist of consecutive of 42 (forty-two) days starting from30th March 2019 and ending on10th May, 2019. For sake of clarity it is clarified that the Contest Period shall consist of total 6 (six) weeks, each hereinafter individually referred to as “Weekly Period”, i.e (i) Week no.1 starting from 30th March, 2019 to 5th April, 2019 ; (ii) week no.2 from_6th April, 2019 to 12 th April, 2019; (iii) week no.3 from 13th April 2019 to 19th April, 2019; (iv) week no.4 from 20 th April 2019 to 26th April. 2019; (v) week no.5 from 27th April 2019 to 3rd May2019; (vi) week no.6 from 4th May, 2019to 10th May, 2019. Star India reserves all rights to make amendments to the Contest Period or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the Participant (s) to check the Terms and Conditions for the Contest on the Channel and /or the Website from time to time. Star India also reserves the right to cancel and/or postpone the Contest without any prior intimation to the Participant(s).
  2. The Contest shall comprise of 3 (three) different multi choice question, based on each Jalsha Program telecasted on the Channel on a daily basis for all 42 (forty-two) consecutive days between 17.30 pm , IST to 11.59 PM IST of the Contest Period (“Daily Question”). The total number of Daily Questions triggered during the Contest Period shall not exceed a number)126 (one hundred and twenty six) multi choice questions. It is clarified that the Daily Questions will be refreshed on a daily basis by Star India. It is further clarified that the Contest shall be triggered only during the telecast of the Jalsha Programs between 17.30 pm , IST to 11.59 PM IST timeslot during the Contest Period and no other timeslots. It is clarified that each Daily Question(s) of the Contest triggered during the Contest Period shall be strictly based on the contents of each corresponding Jalsha Program being telecast on the Channel on during the Daily Contest Period ( as defined below) .For the purposes of this Terms and Conditions ,the Daily Question shall be displayed on the Channel during the telecast of the Jalsha Programs on a Promo of 20- 30secsseconds along with the mechanism for every Participant to participate in the Contest. The lines will remain open on a daily basis during Contest Period from 17.30 pm , IST to 11.59 PM IST during the Contest Period (“Daily Contest Period”).
  3. To participate in the Contest and to be eligible for the Prize (as defined below), the interested Participant(s) shall be required to correctly answer any of the 3(three) Daily Questions during the Daily Contest Period, by sending SMS in the following format: “SJ1/SJ2/SJ3 <SPACE>” <A/B/C> to 57827 (“Answer/ Entry”). It is clarified that the SMS should contain the respective keywords followed by <space> followed by their options <A/B/C> for each Daily 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 (as defined below). Answer(s)/Entry(s) received by Star India after Daily Contest Period and /or Contest Period will not be considered and shall be deemed null and void without requirement of any further intimation by Star India. It is further clarified that 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. 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 stating “ Thank you! We will inform you if your entry has been selected. Your participation confirms that you agree to contest T&Cs and Privacy Policy of the Contest.”. Any automated receipt confirmation does not constitute proof of actual receipt. Providing the correct Answer for each of the Daily Question of the Contest during the Contest Period and /or Daily 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(s) or contents thereof are not confidential or comprise any sensitive Personal Information. It is clarified that each Participant(s) shall be free to submit /provide Answer(s) innumerable times through SMS for each Daily Question during the Period and such submission of Answer(s) shall not make him /her from ineligible from participating in the Contest and shall not render his /her Entry invalid however only the first valid Entry registered with Star India will be taken into consideration. Answer/s Entries (i.e. SMS) received after the Daily Contest Period for each Daily Question of the Contest shall be considered null and void.
  1. This Contest is subject to the guidelines /directions issued by TRAI and any other statutory authority from time to time.
  1. For the purposes of this Contest, the Participant(s) who are subscribers of Airtel, Vodafone, Idea, Reliance Communications and Tata Teleservices shall be able to participate in the Contest.
  1. 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 India. Cost applicable for the SMS sent by the Participant(s). The cost charged to the Participant(s) by the respective network provider(s) shall be as follows:

Operator

Costs

Airtel ROI

Rs. 3/ Sms

Airtel TN & Chennai

Rs. 5/ Sms

Vodafone

Rs. 3/ Sms

Idea

Rs. 3/ Sms

Tata

Rs. 3/ Sms


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

11. Upon the Participant(s) sending in their Entries to the Daily Questions, the mobile number from which the Participant(s) have answered the Daily Questions would get registered with the respective network provider. It is understood by the Participant that to be eligible for the Prize he/she shall be required to submit his/her Entries/ Answers for all the Daily Questions from one specific mobile number only failing which he/she shall be considered ineligible to contest for the Prize.

12. It shall be deemed that the person in whose name the mobile number is registered (from which the SMS is sent) shall be construed to have sent the Answers/Entry(ies) for the Contest.

13. Star India and/or the Channel shall not be responsible for the cost of SMS charged by the respective network provider(s) shall be borne by the Participant(s) alone.

14. It is clarified that each Daily Question shall have only 1 (one) correct answer and to qualify to win the Prize, the Participant shall be required provide maximum correct Answer(s) to any of the Daily Question(s) triggered during the Daily Contest Period of the corresponding Weekly Period

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

16. During the Contest Period, at the end of the each and every Weekly Period, every Participant(s) on the basis of the having made a valid Entry and his/her providing maximum number of correct Answer(s) to any of the Daily Question(s) triggered during the Daily Contest Period of the corresponding week in the manner as stated hereinabove shall be shortlisted by Star India at its sole discretion and subsequently out of these shortlisted Participant(s), STAR India shall by way of random selection at its discretion, from the aforementioned shortlisted Participant(s )select and declare 10 (ten) (“Winner”). For the entire contest Period the total number of Winners shall not exceed a total number of 63 (Sixty-three) Winners. Out of the 10 (ten) Winners, 7 (seven) winners shall be entitled to Smartphones, Samsung of brand M10 or Redmi 6 (value of each phone not exceeding INR 10,000) and 3 (three) winners shall be entitled to _ Gold, 5gms Gold Bars (Value of each such bar not exceeding INR 20,000) hereinafter collectively referred to as (“Prize”) It is further clarified that Star India shall at its sole discretion select the Winner and allocate the Prizes amongst the selected Winners by way of a random selection based on the criterion mentioned herein. The Winners for every corresponding Weekly Period week shall be declared on the following week via Promos on the Channel and on social media platforms of the Channel.

17. Star India shall contact the Winners for informing them of the date/time at which the Prize may be personally collected by them from a designated venue located in Kolkata, pre-informed by STAR India on or before 10th June via a prize distribution ceremony. The Winner shall be announced on the Channel and /or Website or any other medium as Star India may deem fit and necessary at its sole discretion. 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(s) and providing the maximum number of correct Answer(s) in a particular Weekly Period during the Contest Period shall be entitled to the Prize. It is further clarified that save and except the Prize stated hereinabove, the Participant(s)/ Winner shall not be entitled to any other form of gratification (monetary or otherwise). Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void.

18. These Winners shall be contacted by Star India on the mobile/ phone number through which Entry had been submitted to Star India informing them that they have been selected as the Winner of the Contest. The Winner shall be required to submit to Star India scanned copies of their age proof and address proof which shall be a valid passport copy, pan card copy, driver’s license, last two months bill for the mobile number registered with Star India (from which the Participant has submitted his/her Entry in the Contest) (“Winner’s Documents”). The Winner’s shall be required to submit the Winner’s Documents to Star India within seven (07) days from the date of the telephonic communication received from Star India by the Winner.

19. Star India shall make a maximum of 2 (two) attempts (maximum one attempt per day for 2 (two) consecutive days) to reach the Winner on the mobile/ phone number as shall be registered with Star India. In the event the mobile number is engaged or lines on the route are busy, or it is ringing but there is no answer, Star India shall make maximum 1 (one) attempt to call the Winner. In case any the Winner is unavailable on all the attempts, the selection of that Winner shall be invalidated and Star India shall at its sole discretion select another winner as the Winner from amongst the Participant(s) who have made valid Entry during the Contest Period. For the avoidance of doubt such choice of new Winner by Star India shall be final and binding. Star India shall not be responsible if any of the Winner is not available on the mobile number provided by him/her and as a result of which, the Winner loses his/her chance to the Prize and such decision shall be final and binding.

20. In the event the said Winner fails to adhere to the instructions of Star India and/or fails to submit all the requisite identification documents as more particularly mentioned herein, then his/her selection shall be invalidated and Star India shall not be liable to that Winner in any manner whatsoever.

21. Star India and/or the Channel reserves the right to decide the Winners of the Contest at its sole discretion.

22. It is clarified hereby that Star India shall have a discretionary right to postpone/ cancel/change the destination of the Prize of reasons of unavoidable circumstances.

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

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

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

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

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

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

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

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

31. 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/ Answer or any part thereof at any stage of the Contest, including after declaring the Winners, if Star India:

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

b. determines at its sole discretion that the Entry / Answer is inter alia, belongs to another person 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.

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

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

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

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

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

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 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, except as specified herein, and if applicable, Winners agrees that the same shall be solely borne by the Winner(s).

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

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

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

19. Star India makes no representation and/or warranty regarding the Prize other than those given in these Terms 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) specifically agree and undertakes on behalf of himself / herself and his / her respective family members that he / she shall unconditionally make himself / herself and his / her family members accompanying him / her to watch the designated match at the venue available from time to time and co-operate with Star India and participate in any activity and/or campaign of any nature whatsoever ("Promotional Activity") without any consideration whatsoever payable to the Winner(s) for the same. The Winner on behalf of himself / herself and his / her respective family members allows, grants and permits STAR India or any party authorized by it to record (audio-video/audio or video), his /her and /or his / her family member’s appearances, participation, performance, acts ,any interaction of the Winner and /or his / her family members within themselves and /or with any celebrities, media or any third party or any representative of STAR India or any related series of sound recordings and video recordings which have been shot during the designated match at the venue and/or as part of the Promotional Activity on film, tape or digital or other electronic media and includes recording of any personal questions or conversations relating to the personal lives of the Winner and /or his / her family members (“Footage”) and agree that the Footage may be used by STAR India as it deems fit anywhere in the world at any time now or in the future.The Winner agrees and acknowledges on behalf of himself and his / her family members that all rights in the Footage vests exclusively with STAR India worldwide in perpetuity and STAR India is entitled to exploit the same in any manner it may deem fit across any media or platform whether existing now or which may come into existence into the future . The Winner further agrees and undertakes to execute on his / her behalf as well as on behalf necessary documentary as may be required by Star India in respect of the exploitation and use of such footages

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.

"The Voice" Missed Call Voting

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 “The Voice” (“Program”) produced by Star India Private Limited (“STAR INDIA/Company”) aired on the channel STAR Plus (SD and HD) (“Channel”).

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

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

I. PRINCIPAL RULES

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

1. The Program is a singing based reality program wherein contestants between the age of 15 (fifteen) years and 70 (seventy) years (“Contestants”), across India individually 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 Armaan Malik, Adnan Sami, Kanika Kapoor and Harshdeep Kaur, who are the judges on the Program (“Coaches”) and A.R. Rehman (“Super Guru”), shall at its/his/her sole discretion select and shortlist the final contestants (“Final Contestants”). These Final Contestants shall thereinafter perform and compete against each other in the further upcoming televised episodes /rounds of the Program (“Final Rounds”).

3. It is clarified that the Final Rounds of the Program shall tentatively commence from 09:30 pm 24th March, 2019 onwards.

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

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

Week No.

Date of Airing

Day of airing

No Of performances of contestants

No. Of contestants at the end of episode

Voting and details

Voting Start Time

Voting End Time

Week 7

23rd March, 2019

Saturday

8

16 - 2 = 14

No Vote Appeal

   
 

24th March, 2019

Sunday

8

14- 2 = 12

4 out of 12 contestants go for vote appeal.

24th March 9.30 pm

25th March 12 pm

Week 8

30th March, 2019

Saturday

6

12

No Vote Appeal

   
 

31st March, 2019

Sunday

6

12 - 1 = 11

4 out of 12 contestants go for vote appeal.

31st March 9.30pm

1st April 12 pm

Week 9

6th April, 2019

Saturday

6

11

No Vote Appeal

   
 

7th April, 2019

Sunday

5

11 - 1 = 10

4 out of 11 contestants go for vote appeal.

7th April 9.30 pm

8th April 12 pm

Week 10

13th April, 2019

Saturday

5

10

No Vote Appeal

   
 

14th April, 2019

Sunday

5

10 - 2 = 8

4 out of 10 contestants go for vote appeal

14th April 9.30 pm

15th April 12 pm

Week 11

20th April, 2019

Saturday

8

8

All 8 contestants go for vote appeal

   
 

21st April, 2019

Sunday

8

8

All 8 contestants go for vote appeal

21st April 9.30 pm

22nd April 12 pm

Week 12

27th April, 2019

Saturday

8

8 - 3 = 5

No Vote appeal

   
 

28th April, 2019

Sunday

5

5

All 5 Contestants ask for Finale votes

28th April 9.30pm

29th April 12pm

Week 13

4th May, 2019

Saturday

5

1 WINNER

     


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”) within the timeframe as mentioned in the ‘Voting mechanism’. The unique number for each of the Final Contestant (s) shall be as follow:

Sr. No.

Name

Voting number

1

Arghyadeep Ghosh

18005321701

2

Sumit Saini

18005321703

3

Deepak Rana

18005321704

4

Nidhi Kohli

18005321705

5

Tanisha Dutta

18005321706

6

Preetika Bhasin

18005321707

7

Bandana Dutta

18005321708

8

Rajat Hegde

18005321711

9

Hargun Kaur

18005321712

10

Simran Choudhury

18005321714

11

Adnan Ahmad

18005321715

12

Anikait

18005321716


(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. Star India will not entertain any queries or complaints regarding the same.

(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).

(v) However, for avoidance of doubt it is clarified that the Coaches and/or and /or any celebrities appearing on the Program shall be free and entitled to evaluate the performance of the Final Contestant(s) in each episode of the Final Rounds of the Program, express their views and /or comments on the performances of the Final Contestant(s) or award them in any manner deemed fit by them and STAR INDIA at their discretion, without any objection from any person and the Viewer(s) shall not in any manner be entitled to dispute or challenge the same.

7. STAR INDIA and/or the Channel reserve the right to modify the format of the Program, Final Rounds, timelines mentioned above and accordingly the rules for Voting Mechanism at any time, at its discretion, during the telecast of the Program. It shall be the sole responsibility of the Viewer(s) to read the Voting Rules from time to time. 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 Coaches and/or Super Guru and /or any of the celebrities appearing on the Program shall be final and binding on the Viewer(s) and the same shall not be disputed and challenged in a court of law, to the extent permissible under law. Star India reserves the right to discontinue the Program at any time due to any circumstances without giving any prior notice to the Viewers and shall not be liable to any of the Viewer(s)/ Voter(s) whatsoever

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

9. The Viewers can cast their votes for only those 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.

10. 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.

11. 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.

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

13. 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.

14. 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.

15. Further, Star India and/or Coaches and/or Super Guru shall be entitled to, at its discretion, any time during the telecast of the Program, to re-introduce the eliminated contestants and/or re-introduce fresh individuals/contestants during any stage of the Program.

II. General Rules

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Radha Krishn Holi Song Download

Terms & Conditions

These terms and conditions (“Terms and Conditions”) uploaded on http://www.startv.com/legal-terms-policies/#contest-tandc 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 download the Holi song of Radha Krishn of duration of two (4) minutes (“Song”) available at the website http://radhakrishn.hotstar.com/ (“Website”) for the period commencing from 12:00 PM 18th March 2019 upto 30th April 2019 at 11:59 PM (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 downloading the Song, 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, 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 use the Website and/or download the Song. The decision of STAR INDIA for all matters in connection with your 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 IP address and/or any information in relation to the downloading of the Song 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 click on the link to the Website and download the Song.

5. Any downloads made after the Term will not be considered and the Users will not be able to download the Song.

6. 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.

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

8. 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 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.

9. In case of any telecom and /or network failure and /or technical failure in downloading the Song and /or having an internet session and /or logging on to the official website of STAR INDIA and/or Website 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 downloading the Song due to any reason whatsoever including technical disruption/phone lines being open /close /default in internet lines /connection or inability to download the Song/ close or default / failure/ any other difficulties of such nature due to which the User(s) is unable to download the Song/ any uninterrupted, timely, secure or error-free functioning, delays, disruptions, or imperfections of the Website 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.

10. 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 Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Website, (ii) personal injury or property damage, of any nature whatsoever, resulting from the Users access to and use of the Website, (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 Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

11. The User acknowledges and agrees that all intellectual property rights in and to the Song and the Website shall continue to vest in STAR INDIA in perpetuity throughout the world and User shall not acquire any right, title or interest therein by virtue of accessing the Website and/or downloading the Song and/ or otherwise.

12. STAR INDIA may at its sole discretion extend or curtail the Term or may suspend or abandon the Activity at any time without any prior notice of the same.

13. 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 downloading of the Song.

14. 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 download the Song, 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.

15. By the act of downloading the Song, 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.

16. By the act of downloading the Song, 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.

17. 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.

18. 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.

19. 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).

20. 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.

21. Subject to the provision of 20 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.

"What’s Your Superpower?" Contest

Terms & Conditions

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

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your participation in this Contest to be held on Star Movies Twitter profile at the URL https://twitter.com/starmoviesindia , on Star Movies Instagram profile at the URL https://instagram.com/starmoviesindia and Star Movies Facebook profile at https://facebook.com/starmoviesindia (collectively referred to as “Handle(s)”) from March 12 2019 at 9 PM to March 21 2019 at 8 PM (“Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

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

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

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

1. Principal Rules for Participation:

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

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

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

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

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

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

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

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

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

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to submit/tweet or post on the Handle(s) responding to the description as provided by Star India. The Participants are required to describe the superpower which he/she wishes to have in order to save the universe. The tweet/post should be unique, original and must describe in text and/or images n not more than 280 characters in English language (“Content”).

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

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

ii. upload the Content on the Handle(s), by using the hashtag #AvengersInfinityWarOnStarMovies (“Hashtag”) and tagging @StarMoviesIndia (“Tag”).

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

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

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

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

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

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

2. Contest Mechanism:

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

Stage 2. Internal Review: After receiving Your submission of the Contest, Star India will internally review the Content within a period of 45 days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, top 1000 Participants whose Entries are valid and compliant with the aforesaid parameters shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer, 150 winners from the Shortlisted Participants (“Winners”) shall be selected. Such Participant(s) from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win the Prize.

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

Upon receipt of the Contact Details, Star India shall contact the Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“Documents”) within 24 (twenty four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and Star India shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

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

Stage 4: Winners and Prize

The Winners of the Contest (i) from Mumbai shall win 50 theatre tickets of the film ‘Avengers – End Game’ or official Avengers merchandise (ii) from Delhi and Bangalore shall win 100 theatre tickets of the film ‘Avengers: End Game’ or official Avengers merchandise (“Prize”) (iii) from anywhere in India (apart from the above mentioned cities) shall win official Avengers merchandise. The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by Star India.

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

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

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

Star India shall not be responsible or liable for any change in the Prize. In the event any Prize becomes suspended or unavailable due to any reason, the Company reserves the right to add or modify the Prizes at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

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

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

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

The Participants’ adherence to the eligibility criteria provided hereinabove, posting/tweeting or tagging the Hashtag and the Tag in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or Tag, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use exploit and/or utilize the Content during the Contest and shall create a photograph gallery/video containing the Content and/or any part thereof during or after the Contest Period, as it may deem fit at its sole discretion. This photograph gallery/video may feature photographs of other Participants/Contest and Star India will be free to exploit, display and use such photographs gallery/video, as it may deem fit at its sole discretion and in any manner whatsoever. In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. The format of the Contest is the Intellectual Property of Star India and the Contest and/or any part thereof shall not be used by any third party. Star India reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India. Also for the sake of abundant clarity, at no point in time will Star India be obliged to notify unsuccessful Participants of its decision. No enquiries, appeals, verbal or written, shall be entertained in this regard.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

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

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

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

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

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

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

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

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

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

c. that harm minors in any way;

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

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

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

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

h. by impersonates another person;

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

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

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

4. General Rules:

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

4.2. An external third party digital agency will provide MIS/ report of user-wise posts/tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India.. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of 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, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by 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, Footage and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Star Asianet Wonder Kid Audition

Terms & Conditions

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

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

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

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

STAR shall promote the Contest on the channels “Star Plus Middle East”,”Asianet ME”, and “Asianet Movies” (“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 13th Mar, 2019 at 12:00 AM UAE and shall conclude on 31st March, 2019 at 11.59 pm UAE (“Contest Period”).

(I) Participants Eligibility

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

1. The Participant(s) must be kids with different talents/resident of the Territory and between Five ( 5) –Fourteen (14) years of age 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. The participant will send in their

2. The participants with various talents will be called in for a closed door audition

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 1 (one) winner (randomly who has performed the talents better (“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. The selected Winner shall be required to furnish the necessary documentation in original to confirm the eligibility details, etc. In case the said Winner is unable to furnish the original document(s) to verify the eligibility details, the said Winner 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 participate in the main event. 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 is 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 participate in the main event.

8. The Winner and his/her legal guardian will be given air tickets, boarding and lodging to participate in the event for the first time. If selected for the second round, the winner and his/her legal guardian has to bear for their travel to and from Dubai to the destination in India 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 description informed to the Winner from time to time.

9. STAR shall not be liable for any loss/ damage to their person or property caused/incurred during transit to the venue to participate in the main event.. 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 is unable to or does not participate in the show for any reason whatsoever, they shall be deemed to have withdrawn from the Contes..

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 entry to the main show, 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 Entry to the audition and to the main show are 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 entry won is personal to the Winner and the Winner cannot transfer the entry 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) wilful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner 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.

‘#FanBannaPadega’ Contest

Terms & Conditions

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

(I) Principal Rules

1. The Contest will be conducted from 11 March, 2019 until 14 March, 2019 (both days inclusive) (“Contest Period”) or such other date as may be decided by STAR at its sole discretion and announced by STAR on the Network Handle and/or on the Channels and/or such other pages or accounts owned/operated by STAR on various social media platforms, including but not limited to Facebook, Twitter, Instagram and YouTube.

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

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

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

(c) The Participant should submit their entry containing their answers to the Questions in the form of tweet (Photos/Gifs/Videos) posted through the Participant’s twitter account in response to the post containing the Question on the Network Handle (“Entry”). Each Entry: (1) should contain the pre-decided hash-tag for the Contest, i.e. #FanBannaPadega; (2) should be submitted within the Contest Period and in any case must be before 11:59 PM Indian Standard Time on 21 January 2018; (3) should answer the relevant Question contextually. In response to the Question, Participants must state their #FanBannaPadega moment and why they deserve to watch the finals of the Hero Indian Super League, 2019 in person in their entry post.

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

3. The editorial team of FSDL shall select 5 winners from amongst all those Participants who have submitted Entries containing, in the their opinion, the most contextually relevant answers to the Question (“Winners”). Winners shall be selected on the basis of the relevance of their Entries or any other criteria as the editorial team shall deem fit as per its sole discretion. FSDL’s decision in this regard and for all other matters relating to the Contest shall be final and binding upon the Participant(s). Winners will be announced by STAR on the Channels and/or on the Network Handle.

4. Each Winner would be awarded a prize (“Prize”). The Prize will be 2 (two) tickets to the finals of the Hero Indian Super League, 2019, scheduled to be held on March 17, 2019 at Mumbai. The Prize must be claimed in response to messages or telephone calls made to the Winners subject to submission of requisite proof of identity, if requested by STAR. Any and all taxes and/or levies applicable under the laws of India and any incidental costs direct and/or indirect, in relation to Prize shall be borne by the respective Winners. Neither FSDL nor STAR nor any of STAR’s group companies shall be responsible or liable for any technical disruption, failure and/or any other difficulties of such nature, due to which the Winner(s) is unable to claim the Prize from STAR. It is further clarified that the Prize will not include the cost of travel to and from Mumbai and boarding/lodging of any kind whatsoever in Mumbai. Such expenses will have to be borne by the Winners and STAR and/or FSDL shall not be liable to bear any such expenses.

5. FSDL and STAR reserve the right to forfeit a Prize in the event it is found by FSDL and/or STAR and they have a reason to believe that any information provided by the Participant/Winner(s) is wrong, fraudulent or any misrepresentation is made by the Participant/Winner. FSDL 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 FSDL nor STAR nor STAR’s group companies nor their employees provide any assurances or guarantees regarding Prizes, including quality, merchantability or fitness for purpose. The Winner(s) agree not to hold FSDL, STAR and/or STAR’s group companies and/or their respective employees responsible for any delay in receiving Prizes or any inability to enjoy Prize(s) due to any failure by organisers of the Prize, or any of their agents, or otherwise for any other problem in relation to a Prize. It is clarified that FSDL, STAR and/or any of STAR’s group companies shall not be responsible for the brand, quality, value etc. in relation to a Prize and the supplier/ manufacturer shall be solely responsible for the same. FSDL, STAR and/or any of STAR’s group companies shall not be held liable for any failure, inaccuracy, and/or any other defect or deficiency in the Contest. Neither FSDL nor STAR nor STAR’s group companies shall be liable for any delays or failures in any notifications, or the Contest in general.

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

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

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

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

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

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

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

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

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

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

(II) GENERAL RULES:

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

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

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

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

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

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

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

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

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

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

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

Dove fresh face hunt contest

TERMS & CONDITIONS

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

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

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

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

STAR shall promote the Contest on the channels “Star Plus Middle East”, “Star Bharat ME”, “Star Gold International” “Asianet ME”, “Asianet Plus” and “Asianet Movies” (“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 8th March, 2019 at 12:00 AM UAE and shall conclude on 3rd April, 2019 at 11.59 pm UAE (“Contest Period”).

(I) Participants Eligibility

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

1. The Participant(s) must be Female 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. The Participant will take a one minute video from one of her favourite movies in which she will perform a scene and send the 1 minute video along with her mobile number to: marketingme@startv.com (“Entry”).

2. 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.

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

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

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

6. 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.

7. 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.

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

9. 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.

10. 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.

11. 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.

12. The Participant(s) represents and warrants that the persons appearing in the Entry are the Participant(s) and 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 ten days after the expiry of the Contest Period shortlist 10 Participants basis the Entry which shall be viewed and evaluated by the representatives of the Company and /or and /or renowned experts appointed by the Company (“Panel “on the overall basis of her performance, talent / skill, grace, personality, technique, uniqueness etc. or any such other criteria determined by the Company at its sole discretion (“Shortlisted Participants”). The decision of the Company with regard to the composition of the Panel shall be final and binding on the Shortlisted Participant(s). The Shortlisted Participant(s) shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law. Such Shortlisted Participants 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 Shortlisted Participant(s) agree and acknowledge: (a) that they will travel, stay, etc. to the place for auditions as communicated by the Company (“Audition Centre”) entirely at their own expense, (b) that they will be provided with a unique registration code at the Audition Centre (“Registration Number”) and that they may not transfer the same to any other person; and (c) that they must fill out and execute a registration form at the Audition Centre and duly submit all personal information as may be required to be submitted by them on the registration form in a manner and form, as requested and /or prescribed therein, (“Registration Form”). In case the said Shortlisted Participant(s) are unable to furnish the certified or original copy of document(s) at the Audition Centre to verify the eligibility details, the said Shortlisted Participant(s) shall be disqualified by the Company. For the purposes of this Contest, the executed copy of these Terms and Conditions, documentation, Registration Number and the Registration Form bearing the signature of the Shortlisted Participant(s) shall be considered a complete entry (“Entry”). Shortlisted Participant(s) undertake that all personal information, documentation, contents of the Registration Form provided by them at the time of registration at the Audition Centre is true, correct, accurate and original. Any incomplete Entry and /or Entries with incorrect format, additional and/or inadequate information will be considered invalid and will be disqualified from participating in the Contest. The Company shall be free at any point of time to contact and/or communicate with the Shortlisted Participant(s) for availing any additional information and/or to verify any details as provided in relation to Contest and/or the Entry and the Shortlisted Participant(s) shall unconditionally facilitate the same.

3. Shortlisted Participant(s) shall be required to be present in the Audition Centre at the Audition Centre on specific dates as decided by the Company. The Shortlisted Participant(s) may be asked to perform a minimum 1 (one) act and maximum 2 (two) showcasing their talents and /or skills including but not limited to singing, dancing, martial arts, acrobatics etc. acts [“Act(s)”] The Shortlisted Participant(s) may be further required to undergo an interactive session with the Panel ( as defined below) and /or representatives of the Company which would comprise of a personal interview with the Shortlisted Participant(s) and the Shortlisted Participant(s) shall be required to truthfully answer all personal and professional questions of any nature whatsoever posed by the aforementioned Panel.

4. The Shortlisted Participant(s) grant the Company permission to tape, record the above mentioned Act and interactive session of the Auditions (“Audition Video”) and use and /or Exploit the same in any manner whatsoever worldwide in perpetuity . It is further clarified all rights including but not limited to the Intellectual Property Rights in these Audition Videos shall vest with the Company worldwide in perpetuity.

5. These Audition Videos of all Shortlisted Participant(s) shall be viewed and evaluated by the representatives of the Company and /or and /or renowned experts appointed by the Company (“Panel “on the overall basis of her performance, talent / skill, grace, personality, technique, selection of act, ideas, entertainment factor, uniqueness of talent / skill, etc. or any such other criteria determined by the Company at its sole discretion. The decision of the Company with regard to the composition of the Panel shall be final and binding on the Shortlisted Participant(s). The Shortlisted Participant(s) shall not be entitled to dispute and/or challenge the composition or the decision of the Panel at any time in connection with the selection procedure, to the maximum extent permitted by law.

6. The Company shall select a Winner from amongst the Shortlisted Participant(s) selected by the Judging Panel for the main Program and the selected Winner shall be required to do the following: (i) sign a separate document containing the terms and conditions of the Contest along with such other documents as required by The Company in its discretion (ii) make themselves available for all shoot dates and travel to any place for the shoot of the star Program “Kerala Samajam”, as may be informed by the Company from time to time, (iii) endorse such products as may be decided by the Company from time to time in connection with the Contest (iv) be present at the Studio at the time and date communicated by the Company. The selected Winner must always be present at the Studio at the time and date communicated by the Company. Being absent at the Studio at a time and place communicated to the Winner may result in disqualification from the Contest at the sole discretion of the Company.

7. 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, her participation shall be invalidated and he/she shall forfeit 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).

8. 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.

9. 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 her chance to receive the prize.

10. 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.

11. 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.

12. The Winner shall be required to be present in such location as required by the Company to feature in the Company’s show “Kerala Samajam”. (“Prize”).

13. The Winner voluntarily agrees and grants the Company permission to tape, record the above mentioned Act and interactive session of the Entry (“Entry Video”) and use and /or Exploit the same in any manner whatsoever worldwide in perpetuity. It is further clarified all rights including but not limited to the Intellectual Property Rights in these Entry Videos shall vest with the Company worldwide in perpetuity.

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

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

“Works” shall mean and include 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 receipt of the Prize by the Winner and any other Intellectual Property created/generated by the Participants during the course of participation in the Prize;

14. In consideration of being afforded the Prize, the Winner agrees, represents and warrants that all Intellectual Property in and to the Works shall remain the exclusive property of the 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 Works, do not vest with the Company, by operation of law, the Participant on an outright basis hereby irrevocably, exclusively, perpetually and for the entire world assigns and transfers all Intellectual Property vested in the Works including rights in any Exploitation thereof to THE COMPANY. To the extent that the assignment of rights, title and interest in the Intellectual Property in and to the Works in relation to future medium or mode of exploitation of the Works is not held valid by operation of law, notwithstanding the assignment of such rights in favour of THE COMPANY, the Participant hereby grant an irrevocable, exclusive, sub-licensable, perpetual license to THE COMPANY for such future medium or mode of exploitation of the Intellectual Property in and to the Works as may be developed in the future, for the entire world. Notwithstanding the above, the Participant hereby agrees that it shall assign or in any other manner transfer rights including the Intellectual Property in and to the Works for such means and modes of exploitation of the Works which are not mentioned herein and are not presently known or in commercial use and therefore by operation of law are not deemed to have been assigned to THE COMPANY without offering for assignment such modes or means of exploitation of the rights including Intellectual Property in and to the Works for the entire world and perpetuity to the Company (‘Offer’). The Participant agrees and acknowledges that any form of assignment or transfer of any rights, title and interest in any such future modes and mean of exploitation of the Intellectual property in and to the Works to any third party in breach of the obligation herein, anywhere in the world shall be null and void. Further, the Company may Exploit the rights including the Intellectual Property in and to the Works at any time it chooses. The Participant(s) waive off their “Moral Rights” (or any analogous rights granted under the Copyright Act (Cap. 63)) with respect to the Works / participation in the Prize. Further, the Participant(s) further agree and acknowledge that they shall not be entitled to any share in the revenues arising from exploitation of the Works.

15. The Participant agree and acknowledge that the Channel /THE COMPANY shall have the sole and exclusive right to edit, alter, modify and or use any Footage or Works 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 Prize or any ancillary event related to the Prize).

16. 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. THE 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 THE COMPANY or the Channel without notice to the Participant and without any further compensation to the Participant.

17. The Participant acknowledges and understands that the acknowledging the Prize is at their own risk. THE COMPANY shall not be responsible for the Participant’s safety during the receipt of Prize, nor shall they be required to obtain any insurance in relation to the same for the Participant other than as required by applicable law. The Participant(s) acknowledge and understand that the participation of the Participant in the Prize is at her own risk.

18. The Winner shall be solely responsible for her travel 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.

19. STAR shall not be liable if the Winner misses receiving the Prize 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.

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

21. The Privacy Policy, Terms of Use and User Generated Content are incorporated herein by reference and are simultaneously available at https://www.startv.com/legal-terms-policies/#contest-tandc (“Website”). The Winner hereby represent to the Company that her participation in the Contest is in compliance with all laws applicable her and she is not in any manner prohibited from participating herein by any law.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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 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 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

Game of thrones ‘#The Greatest Fan’ Contest

Terms & Conditions

Please read the following Terms and Conditions very carefully before entering this ‘#The Greatest Fan’ (“ 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’s’ Twitter handle at https://twitter.com/StarWorldIndia (“Handle”) from March 8, 2019 at 12 PM to April 6 2019 at 23:59 PM (“ Contest Period/Period”), organized and conducted by Star India. You (‘Participant(s)’ / ‘You’ / ‘ Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation as 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 Your participation in the Contest. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects.

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

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

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

1. Principal Rules for Participation:

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

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

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

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

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

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

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

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

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

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

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to review the tweets as provided by Star India from time to time during the Contest Period and respond by tweeting within the timeframe stated by the Star India from the respective Participant’s Twitter handle in text not exceeding 280 characters, answer the questions accurately, upload photograph(s) in JPEG format and/or videos of high resolution, as the case may be and as required by Star India from time time, and mandatorily using the hashtag ‘#GreatestFanQuest’ (“Hashtag”) and tagging the Handle (‘ Content’).

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

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

ii. upload the Content on Twitter from their own Twitter handle, by using the Hashtag and tagging the Handle.

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

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

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

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

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

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

2. Contest Mechanism:

The Contest shall comprise of 7 (seven) rounds (“Rounds”) scheduled as required by Star India during the Contest Period. The order and frequency of and for each Round shall be at the sole discretion of Star India. It is the sole responsibility of the Participants to visit the Twitter Handle from time to time in order to be informed of the Rounds.

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 of the Contest, Star India will internally review the Content within a period of 10 days for each Round from the end of the end date for the respective Round as provided by Star India, or such other time period that Star India may decide at its sole discretion. Star India shall allocate scores to each Participant participating in the Contest on the basis of relevant parameters set by Star India.

Stage 3. Result: At the end of each Round, out of all entry/ies received on the Handle within the time period for each Round as stipulated by Star India, all Participants whose Entries are correct, valid and compliant with the aforesaid parameters and secure highest scores of all the entries shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer, one (1) winner from the Shortlisted Participants (“ Winner(s)”) shall be selected for each Round. Star India may, at its discretion, award merchandise to selected winners (using randomizer) at any round of the Contest. Such winners shall also be hereinafter referred to as ‘Winner(s)’.

At the end of the Contest Period, the Participant or the Winner who has participated in the Contest and has procured the highest aggregate score shall be eligible to win the Grand Prize (as defined herein below) and the Themed Dinner (as defined herein below). In the event of two or more participants securing such highest aggregate scores, a randomizer will be used to determine the winner. Such winner will be hereinafter referred to as the “Contest Winner”.

Such Winners/Contest Winner from the Shortlisted Participant(s) who fulfills 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 eligible to win the Prize/Grand Prize.

The Winners/Contest Winner will be contacted via Direct Message (“ Private Message”) to provide their name, age, Permanent Account Number, email id and phone number (“ Contact Details”) to hello@startv.com within 24 hours of such Private Message. In the event any Winner(s) /Contest Winner fails to submit their details their entry shall be invalidated.

Upon receipt of the Contact Details, Star India shall contact the Winners/Contest Winner via email to submit (including but not limited to) scanned copies of their identity proof, age proof, Permanent Account Number card, and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“ Documents”) within 24 (twenty four) hours of such email. In the event, any Winner(s) /Contest Winner fails to submit the Documents, his/her participation shall be invalidated and Star India shall forfeit his/her chance to win the Prize/Grand Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners for each Round and the Contest Winner eligible to win the Grand Prize. In the event such Winner(s) /Contest Winner, fail to respond within 48 hours as mentioned above, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize/Grand Prize to such Winner(s) /Contest Winner in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners/Contest Winner, as the case maybe, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

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

STAGE 4: Winners, Contest Winner and Prize, Grand Prize

The Winners of each of the Rounds and the Contest Winner shall win an opportunity to attend the Themed Dinner and/or Game of Thrones merchandise (“Prize”). The Prize to be awarded to the Winner/Contest Winner shall be decided at the sole discretion of Star India. Upon being communicated of the Prize, the Winners shall respond regarding the availability of the Winner to attend the Themed Dinner within 24 hours of such communication from Star India, failing which Star India shall be free to award the Themed Dinner and/or Game of Thrones merchandise to the next Shortlisted Participant. It is clarified that all taxes in relation to the Themed Dinner shall be borne solely by the Winner, without any recourse to Star India.

ALL STATUTORY TAXES INCLUDING BUT NOT LIMITED TO GIFT TAX ETC. ALONG WITH INSURANCE IF APPLICABLE SHALL BE SOLELY BORNE BY THE WINNER FOR THE THEMED DINNER. IN THE EVENT THE WINNER DECLINES TO PAY AND BEAR THE APPLICABLE TAXES AND THE INSURANCE, THE THEMED DINNER WILL THEN BE AWARDED TO THE NEXT SHORTLISTED PARTICIPANT ELIGIBLE TO BE QUALIFIED AS THE WINNER AS DECLARED BY STAR INDIA. HOWEVER, IN THE EVENT, SUCH SHORTLISTED PARTICIPANT REFUSES TO PAY AND BEAR THE APPLICABLE TAXES AND INSURANCE, THEN STAR INDIA SHALL NOT BE OBLIGATED AWARD THE THEMED DINNERTOANY PARTICIPANT(S) OF THE CONTEST. STAR INDIA SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF ANY APPLICABLE TAXES AND/OR INSURANCE IN RELATION TO THE THEMED DINNER.

Star India shall courier the Game of Thrones merchandise, as applicable, to Winner to the address (in India only) as provided and confirmed by the Winner through the Documents as submitted by them under the terms of the Contest. It is clarified that all taxes in relation to Game of Thrones merchandise and all costs of courier incurred for the dispatch of the Game of Thrones merchandise shall be borne solely by Star India.

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

The Contest Winner shall also be eligible to win a Maruti NEXA car (“ Grand Prize”). It is clarified that ALL STATUTORY TAXES AND CHARGES INCLUDING BUT NOT LIMITED TO REGISTRATION CHARGES, ROAD TAX, GIFT TAX ETC. ALONG WITH INSURANCE FOR THE GRAND PRIZE SHALL BE SOLELY BORNE BY THE CONTEST WINNER. IN THE EVENT THE CONTEST WINNER DECLINES TO PAY AND BEAR THE APPLICABLE TAXES AND THE GRAND PRIZE INSURANCE, THE GRAND PRIZE WILL THEN BE AWARDED TO THE NEXT PARTICIPANT ELIGIBLE TO BE QUALIFIED AS THE CONTEST WINNER AS DECLARED BY STAR INDIA. HOWEVER, IN THE EVENT, SUCH SHORTLISTED PARTICIPANT REFUSES TO PAY AND BEAR THE APPLICABLE TAXES AND THE GRAND PRIZE INSURANCE, THEN STAR INDIA SHALL NOT AWARD THE GRAND PRIZE TO ANY PARTICIPANT(S) OF THE CONTEST. STAR INDIA SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF ANY APPLICABLE TAXES AND/OR INSURANCE IN RELATION TO THE GRAND PRIZE. THE CONTEST WINNER SHALL BE RESPONSIBLE FOR THE DELIVERY OF THE CAR AND STAR INDIA SHALL NOT BE RESPONSIBLE FOR THE SAME. THE CONTEST WINNER IS SUGGESTED TO TAKE AN EXTERIOR WALK-AROUND AND INTERIOR LOOK-OVER BEFORE TAKING THE POSSESSION OF THE CAR. STAR INDIA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR ABNORMALITY INCLUDING BUT NOT LIMITED TO MECHANICAL, TECHNICAL OR ELECTRICAL MALFUNCTION. IN CASE OF ANY ASSISTANCE REQUIRED, THE CONTEST WINNER MUST CONTACT THE AUTHORIZED NEXA DEALER.

The Winners of the Themed Dinner and the Contest Winner shall win a round trip (including flight tickets except for the residents of Mumbai, accommodation and transport (to and fro) from the airport only) to attend the Game of Thrones themed dinner to be organised in Mumbai, India, including accommodation at a hotel at Mumbai (collectively the “ Themed Dinner”). The Winner(s) of the Themed Dinner/Contest Winner shall travel on the dates provided by Star India and such dates are final and not changeable. In the event, the Winner(s) of the Themed Dinner /Contest Winner is unable to travel on the date/time confirmed by them or the Themed Dinner is cancelled/postponed for whatsoever reasons, Star India will not be held responsible and will not be liable to arrange for an alternative date and/or accommodation. However, the dates are subject to change in the event of some unforeseeable event not in the control of Star India and Star India reserves the right to choose another date for travel which it shall communicate to the Winner/Contest Winner.

Travel : Round trip flight tickets in economy class for each of the Winner(s) of the Themed Dinner and the Contest Winner from an Indian city (excluding Mumbai) of departure as communicated by Star India to Mumbai and the commute from the airport in Mumbai to Star India designated accommodation in Mumbai as communicated by Star India. For sake of abundant clarity, the Winner(s) of the Themed Dinner and the Contest Winner shall be solely responsible for his/her conveyance from his/her city of residence to and from the city of departure as communicated by Star India.

Accommodation : Accommodation at a hotel as decided by Star India solely, located in Mumbai on the dates communicated by Star India for each of the Winners of the Themed Dinner and the Contest Winner. For the avoidance of doubt, the designated, hotel room and its facilities/ inclusions shall be chosen at the sole discretion of Star India which shall be final and binding on the Winners of the Themed Dinner and the Contest Winner.

Out Of Pocket Expenses : Any and all additional expenses (except as stated herein above) of any nature incurred by the Winner(s) of the Themed Dinner and the Contest Winner shall be borne solely by the Winner(s) of the Themed Dinner and Contest Winner respectively out of their own pocket and Star India shall not be obliged to reimburse or bear any kind of expenses, costs, payments, disbursements or reimbursements except as stated above. All costs for sightseeing, laundry, shopping and all meals including alcoholic beverages, non alcoholic beverages etc. shall be borne by solely by the Winners of the Themed Dinner and the Contest Winner.

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

Star India shall not be responsible or liable for any change in the Prize/Grand Prize. In the event any Prize becomes suspended or unavailable due to any reason, Star India reserves the right to add or modify the Prize(s) at its sole discretion. The Participant shall not be permitted to question or challenge any such revision. The Winner/Contest Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize/Grand Prize/. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize/Grand Prize and the Winner/Contest Winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize/Grand Prize. The Winner/Contest Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize/Grand Prize and/or anything in connection to the Prize/Grand Prize and/or the enjoyment of the Prize/Grand Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize and all statutory taxes including but not limited to road tax, gift tax along with insurance for the Grand Prize as stated in the preceding paragraphs and as applicable, shall be borne by the Winner of the Themed Dinner/Contest Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

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

Star India reserves the right to forfeit the Prize/Grand 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/Contest Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner/Contest Winner. Star India shall have the right to declare another Shortlisted Participant(s) as the Winner/Contest Winner and transfer the Prize/Grand Prize to that person.

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

 

The Participants’ adherence to the eligibility criteria provided hereinabove, tweeting or tagging the Hashtag and the Handle in the manner as stated therein shall be considered as a complete and valid entry (“ Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or Handle, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

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

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

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

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

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

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

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

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

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

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

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

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

c. that harm minors in any way;

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

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

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

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

h. by impersonates another person;

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

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

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

4. General Rules:

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

4.2. An external third party digital agency will provide MIS/ report of user-wise tweets to Star India and Star India will initiate the initial assessment based on the same reports. Star India and/or the said digital agency shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India. Star India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of 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, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by 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.

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

4.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet on 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 Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter shall be resolved directly with Twitter, without any recourse to Star India.

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

4.7. 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).

4.8. You acknowledge and agree that the tweets submitted by you shall be made available for viewing, rating and reviewing. By providing any personal information to Star India, as part of the Entry, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or personal information furnished to Star India;

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

4.10. Star India will not entertain any claims/questions/queries with respect to the authenticity and/or correctness of any questions and answers for the questions asked during the Rounds of the Contest. Star India’s decision on the correctness or incorrectness is final and binding on all the participants.

4.11. 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;

4.12. 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 shall not be held liable either directly and/or indirectly in any event, and the decision of Star India shall be final and binding on You;

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

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

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

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

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

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

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

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

4.21. 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;

4.22. 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;

4.23. 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 Your participation in the Contest and You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.24. 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;

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

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

4.27. 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;

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

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

 

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

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

4.32. No purchase or payment of any consideration is necessary to enter the Contest. The only way to participate and win Prize(s) of the Contest is through participation as described in these Terms & Conditions. Any person claiming that he/she can help you win the Prizes of the Contest for a consideration is defrauding you.

4.33. 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 Themed Dinner otherwise Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

4.34. 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;

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

4.36. 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;

4.37. 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.

4.38. 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.

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

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

4.41. Subject to the provision of Paragraph 4.40 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.

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

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

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

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

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

4.47. You acknowledge and agree that upload and submission of your tweets does not necessarily entitle You to win a Prize.

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

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

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

4.51. 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.

4.52. You hereby acknowledge that You have fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.In case of any queries in relation to this Contest, you can write to hello@startv.com. Star India shall endeavour to reply to the same within a reasonable time.

"Happy Weekend” Contest

Terms & Conditions

These terms and conditions (‘Terms & Conditions’) shall be binding on all participants (each a ‘Participant’ or ‘You’) who voluntarily agrees to participate in the contest titled ‘Happy Weekend” (‘Contest’) which will be hosted by Star India Pvt. Ltd. (“Star India/ STAR ”) for the purpose of promotion and viewer engagement of its channel ‘Star Jalsha ’ (“Channel”). The Contest will be conducted on the Channel and through an email id h appyweekend@startv.com specifically created by Star india for the purposes of this Contest (collectively referred as “Platform”).

The Contest shall be governed by the Terms & Conditions and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same. If You do not agree to be bound or cannot comply with any of the Terms & Conditions, please do not continue. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participating in the Contest. The decisions of Star for all matters relating to the Contest shall be final and binding in all respects.

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

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

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

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

PRINCIPAL RULES

(I) Entrants’ Eligibility:

(a) The Contest is open only to persons who are the citizens of India and shall be of 18 years of age and above. The Participant must have a valid , existing and verifiable email id during the Contest Period.

(b) Permanent and/or contract employees and directors of STAR, 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 Contest. It shall be the sole responsibility of the Participant(s) to familiarize themselves with the Terms & Conditions of the Contest from time to time. Star India reserves the right at its sole discretion to (i) cancel and/or postpone the Contest without any prior intimation to the Participants (ii) make amendments to the existing Terms & Conditions or Contest Period and /or Weekly Period or withdraw, change, alter, amend the Terms and Conditions (iii) extend or curtail the Contest Period and /or Weekly Period or suspend or abandon the same at any time, and the Participant shall have no objection to the same whatsoever, nor shall the Participant make any claims /disputes in respect of the same. You further understand and acknowledge that you shall be solely responsible to visit the Website from time to time in order to be informed of any updates in the Terms and Conditions and abide by the same without any recourse to STAR for any reason whatsoever.

(II) Contest Procedure:

(a) The Contest shall start on 9th March at 8:30 PM IST and end on 25 th April at 11:59 PM IST(“Contest Period/Period”).. It is clarified that the Contest shall be triggered on a weekly basis during the Contest Period , i.e between every Saturday 8:30 PM IST and ending on every Monday at 12:00 PM IST (“Weekly Period”)

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

  • Address an email to the Platform using his/her email id or in any other manner or form as may be prescribed /requested on the respective Platform and /or Website . For the purpose of participating in this Contest, it is mandatory that the interested Participant (s) mandatorily have a valid email id and must be residing in India during the Period of the Contest.
  • Thereafter the Participant (s) shall be mandatorily required to click a photo of himself or herself alone and /or with their respective family members with a television system featuring in the background and playing any of the 3 (three) Channel programs, Ebar Jombe Moja, Thakhumar Jhuli and Banglar Jalsha_(hereinafter referred to as “Channel Programs”) in high resolution in jpeg format (“Picture”). It is clarified that for the purposes of being deemed a valid Entry and to be selected as the Winner and to be entitled to Gratification , it is mandatorily required that the Picture should feature a television set playing any of the Channel Programs in the background . In case there is no television set playing / featured in the background of the Picture and /or if the television set is playing programs / content other than the Channel Programs , then the Entry shall be deemed invalid and the Participant’s Entry shall be disqualified .
  • Thereinafter the Participant (s) shall be required to compose and send an email from his / her respective email id addressed to the Platform wherein the Picture is attached and /or uploaded along with (i)the Personal Information of the Participant, and (ii) an open ended message addressing a special message for the Channel (hereinafter collectively referred to as “Answer”) . The Answer and the Picture shall hereinafter be collectively referred to as the “Post”. . For avoidance of doubt it is clarified that for the purpose of participating in the Contest and to be eligible for the Gratification , it is mandatory each and every Post (should mention and include the valid email id , Personal Information and the Picture as mentioned herein .

(c) For purposes of the Contest, “receipt” of Post occurs only when the website server records the Post information upon the entrant clicking “Submit/Post” button. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt. Sending an email onto the Platform in the manner as stated hereinabove , mandatorily having a valid email id account and being a resident of India during the Period of the Contest and submitting the Post comprising of the Answer and the Picture in the manner as prescribed herein and furnishing the Personal Information shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) send an email onto the Platform providing the Answer without the Picture or uploads the Picture without the Answer or Personal Information or if the Participant does not have a valid email id or does not have a valid facebook account or is not resident of India then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Gratification . The Participant (s) agrees and acknowledges that by submitting the Entry and /or Post, the Participant(s) is representing that the Entry(s) and /or Post or contents thereof are not confidential or comprise any sensitive personal information. Each Participant(s) consents to the use of information submitted by the Participant(s) including the Post for the purpose as set out in these Terms and Conditions. The Participant(s) agrees and consents to the use by STAR of the Picture forming part of the Post in any manner or mode as STAR may deem fit for the purpose of promotion of the Contest and /or Channel Programs. Towards this effect and in consideration of being afforded an opportunity to participate in the Contest, the Participant(s) hereby grants to STAR a non-exclusive, irrevocable, unlimited, royalty free, sub-licensable, transferrable license, for the territory of the world and in perpetuity, in the Post including the Picture forming part of it, to utilize the Post in any manner deemed fit by STAR, including, inter alia, in a digitally modified format, including on the STAR Jalsha Twitter Page and/or any other social media platform page of STAR, and/or in any other manner and through any modes, mediums whether in existence now or that may be invented/discovered in the future, including in connection with these Terms and Conditions and/or for any promotional purposes towards the Contest, as deemed fit by STAR. Participant(s) agrees and undertakes that Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms and Conditions. The Participant(s)/Winner(s) waives off his “Moral Rights” with respect to the Post including the text and/or the photograph or Picture or any part thereof as required. The Participant agrees and authorizes STAR to digitally modify, edit, truncate, the Picture submitted by the Participant(s) for the purpose of creation of Modified Picture (s) as set out below. The Participant(s)/Winner(s) undertakes not to create any lien, charge, or other encumbrance, on the Post at any time without the prior written consent of STAR. The Participant agrees that STAR shall be entitled to exploit the Post including the Modified Selfie in any manner whatsoever including by means of inclusion in a Cinematograph Film, Communication to the Public, Broadcast through any means and modes, whether now known or invented later, including but not limited to edit, modify, delete, subtract from, cut, such Post in any manner deemed fit by STAR in its sole discretion. It is agreed that all rights, title, and interest in the Post along with the image including rights in any form of intellectual property and rights in any form of exploitation will be owned by STAR throughout the world and in perpetuity. The Participant(s) undertakes that notwithstanding anything to the contrary, he/she shall not at any time challenge, dispute, interfere with the utilization of the Modified Selfie by STAR or any third party authorized by STAR, and hereby expressly waives all rights to the foregoing whether in contract, tort, law or otherwise. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

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

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

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

(f) Participants may send as many Posts as they desire but only Post(s) received before the close of the respective Weekly Period of the Contest Period shall be considered valid for the Contest for the corresponding week. Participant(s) agrees and understands that submission of more than one Post during the Weekly Period shall not result in a higher chance for the Participant(s) to win the Gratification . In case, a Participant is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

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

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

(III) Winner Selection and Gratification:

a. During the Contest Period, at the end of the respective Weekly Period on the basis of the Participant having made a valid Entry and his/her sending via email the valid Entry and on the basis of the quality of the Picture and the emotional quotient of the Answer submitted during the respective corresponding Weekly Period, every Participant shall be shortlisted by Star India at its sole discretion and subsequently out of these shortlisted Participant(s), STAR India shall by way of random selection at its discretion, from the aforementioned shortlisted Participant(s )select and declare 10 (ten) winners on a weekly basis for the corresponding Weekly Period (Winner”). These Winners shall be announced and declared by Star India on the Channels during the telecast of the Channel Programs a weekly basis during the Contest Period , on every subsequent Saturday and Sunday, of the corresponding Weekly Period during which the Contest was triggered .The total number of Winners declared during the Contest Period shall not exceed 40 (forty) .

b. The sole gratification for the Winner(s) shall be that STAR shall broadcast the Pictures of the Winner(s) (“Gratification”) there is no other gratification on the Channel or any other platform owned by Star and /or its affiliates in any manner as deemed fit by Star at its sole discretion’. Participant(s)/Winner(s) agree that the Gratification is the only prize for the Contest and no monetary prize will be awarded to the Winner(s). For avoidance of doubt it is clarified that STAR’s decision in regard to the selection and declaration of the Shortlisted Participant(s) and/or Winner(s) shall be final and binding. For the sake of clarity, mere participation in the Contest does not entitle the Participant(s) to win the Gratification. Only the Participant(s) having made a valid Entry and who are Shortlisted Participant(s) and subsequently declared as Winner(s) based on the criterion mentioned hereinabove, by STAR at its discretion shall be entitled to the Gratification. By way of reiteration, it is further clarified that save and except the Gratification stated hereinabove, the Shortlisted Participant(s)/Winner(s) shall not be entitled to any other form of gratification (monetary or otherwise). Post(s)/ Entries sent after the Contest Period will not be considered for the Contest and shall be deemed null and void

c. STAR reserves the right to announce the name of the Shortlisted Participant(s) and/or the Winner(s) either on-air on their digital / social media pages e and/or on the Channel.

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

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

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

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

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

i. Limitations of liability: by entering the contest, each participant acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the contest, or any gratification awarded, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the contest (if any),Notwithstanding the foregoing, under no circumstances will star and/or star entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. In any case star’s entire liability under this terms and conditions shall not exceed the total monetary value of the gratification .

GENERAL RULES

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

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

3. 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) to check the Terms and Conditions of the Contest on the Website .

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

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

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

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

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

9. The Shortlisted Participant(s)/Winner(s) agrees that if due to any reason, whatsoever, beyond the control of 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.

10. 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 Shortlisted Participant(s)/Winner(s) in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Gratification.

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

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

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

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

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

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

17. The Winner(s) 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 Shortlisted Participant(s)/Winner(s) gives his/her consent to STAR and/or any other agency on behalf of STAR to make the footage of the participation in the Promotional Activity The Shortlisted Participant(s)/Winner(s) in consideration of being afforded an opportunity to take part in the Contest, agrees that the footage of any nature with regard to the Shortlisted Participant(s)/Winner(s) 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..

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

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

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

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

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

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

Koffee Awards

TERMS & CONDITIONS

The following are the terms and conditions governing the “Koffee Mug” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Koffee With Karan Season 6” (“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21st October, 2018 onwards every Sunday till the last episode of the Program. The Contest shall be held on Star World Twitter profile at the URL https://twitter.com/StarWorldIndia (“Twitter Page”) with the @StarWorldIndia handle (“Twitter Handle”) from 21st October, 2018 onwards, every week till the last episode of the Program.

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

The Contest shall commence on 01st Mar, 2019 7:00 pm onwards, and end at 8:59 pm on 03rd March, 2019 (“Contest Period/Period”).

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

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

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

I. Principle Rules-

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

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

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

c) All Participant(s) must have a valid Twitter account to be eligible to participate in the Contest. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a Twitter account opened and operated by a family member and/or friend of the Participant(s).

d) Contest Mechanism

i. The Contest invites interested persons to participate to win Koffee mug(s) by reviewing the tweets as provided by Star India, responding to the tweets by predicting the winners of the 4 (four) award categories from the nominees provided , based on all episodes of the Program (“Participant(s))”.

ii. Participant(s) are required to predict the winners of any and/or all of the 4 (four) award categories and correctly and accurately answer in text from the nominees provided, to win the mug for each award category, by tweeting it on the official Twitter Page using the Hashtag and tagging the Twitter Handle as displayed on the Twitter Page (“Entry/Entries”).

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

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 the winners declared by the artists/jury appearing in the last episode of the Program in respect of the 4 (four) categories. Each Entry shall be judged by the representatives of Star India as deemed fit in their sole discretion. The decision of Star India is final and binding in this regard.

j) At the end of the Contest Period, out of all the correct Entry/ies received on the Twitter Page within the Contest Period, one (1) Participant for each award category 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 ten (10) 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) for each award category.

6. Communication to the Winner(s) shall be done on or before March 25 th, 2019 and the Prize will be dispatched to the Winner on or before March 30th 2019 In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each award category and will win a Koffee mug (“Prize”). The Prize to be awarded to each winner shall be decided at the sole discretion of Star India. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by Star India.

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

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

10. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein and/or the terms of use of Twitter or as set by Star India from time to time will make such Participant’s Entry(ies) null and void.

11. The Participant hereby acknowledges and agrees that Star India has the right to develop, exploit and/or utilize the Entry for the aforementioned purposes, as it/they may deem fit at their sole discretion. The Participant understands and agrees that he/she may be required to execute a separate written agreement(s) with Star India, if requested by Star India, in respect of the Entry submitted and its future development (if at all), by Star India, its licensors’ and its affiliates.

12. The Participant understands that the Star India may at its sole discretion, develop and exploit the Entry to create a film (“Film”), to be decided at the sole discretion of Star India. The Film maybe be aired and/or any channel and/or any platform including but not limited to social media platform of Star India and/or its affiliates and/or any authorized third party, as deemed fit by Star India.

13. In consideration of being giving an opportunity to participate in the Contest, the Participant hereby assigns all rights, title and interest in and to the Materials in favour of Star India for Star India’s Exploitation (as defined below). The Participant agrees and has no objection to Star India’s right to develop/adapt/modify/change the Entry, creatively as deemed fit by Star India.

“Exploitation/Exploit” shall mean the exploitation of the Entry including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. The Participant agrees and declares that the Participant has waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to his/her participation in the Contest and submission of the Entry.

“Intellectual Property” means and includes all photographs, images, representations, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Entry including any form of photographs, stills, images, representations, literary works, artistic works made by the Participant(s) or compilation and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

14. For the purposes of this Contest, by uploading and /or submitting the Entry, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter. It is further clarified that such platform reserves the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Entry on the platform in any other format other than that prescribed by such platform having an unclear image quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and the respective owners/licensees of the social media platforms shall be resolved directly with such owners/licensees, without any recourse to Star India.

II. General Rules-

1. Star India reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without any recourse and/or liability to any/ all of the Participant(s) whatsoever and without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest and the Privacy Policy on the website of Star India i.e., www.Startv.com. The Contest is not sponsored, endorsed, administered or associated with Twitter in any way.

2. Star India may at its sole discretion extend or curtail the Period of the Contest or may suspend or abandon the same at any time without any prior notice of the same.

3. Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.

4. Participant(s) shall at all times ensure that the Entry adheres to the applicable laws in force in the territory of India.

5. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Entries from more than one Twitter account, Star India reserves the right to disqualify such Participant(s) from the Contest.

6. Each Entry shall be checked by Star India inter alia, if the Entry follows the aforementioned rules. The decision of Star India shall be final and binding. The Participant(s) agrees and confirms that the Participant(s) shall at no time challenge such decision of Star India and/or raise any claims or disputes in relation to the same.

7. Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India. For the avoidance of doubt, by submitting the Entry, the Participant(s) is representing that the Entry or any part thereof is not confidential or comprise any sensitive personal information.

8. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information. For the purposes of these Terms and Conditions, “Sensitive Personal Information” shall bear the meaning ascribed to it under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and shall include information relating to password; financial information such as Bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information. For the purposes of these Terms and Conditions, the term “confidential information” shall mean any and all information which may be of a confidential nature to the Participant(s) and/or to a third party and the Participant(s) is not authorized by such third party to reveal such information. For the avoidance of doubt, all information provided by the Participants in the course of the Contest shall be submitted to Star India and not to Twitter.

9. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Shortlisted Participant(s)/ Winner(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

10. Star India reserve the right to disqualify any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to reject any “Entry” or any part thereof at any stage of the Contest, including after declaring the winning Entry, if Star India:

a. receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party

b. determines at its sole discretion that the Entry inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Star India.

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by the Star India or its employees in connection to the Entry and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of Star India shall be final and binding.

12. The Winner(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

14. Star India shall not be responsible or liable for any change in the Prize.

15. The Winner(s) agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize.

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize.

17. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same.

18. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

19. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

20. Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

21. The Winner(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

22. Each Participant(s)/Winner(s) consents to the use of information supplied by the Participant(s)/Winner(s) for the purposes as set out in these Terms and Conditions. The Participant(s) agrees and confirms that such contact details shall be their own, and the Participant(s) shall at no time submit any contact details which belong to a third party.

23. The Participant(s) and/or the Winner(s) shall fully indemnify, defend and hold harmless, Star India its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms and conditions hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner(s) and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize.

24. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Star India and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with Star India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

25. Each Participant acknowledges and agrees that:

a) The Participant has read, understood and accepted the Privacy Policy and understands and agrees that the Participant’s Data is subject to the terms of these Terms and Conditions and the Privacy Policy.

b) The Data may be collected by Star India pursuant to the Terms and Conditions, in connection with the Contest and it may be necessary for Star India to collect the Data for the Contest and the uses set out below in (c) below.

c) The Data will be used in respect of the Contest on any platforms including channel(s) owned by Star India.

d) The Data may be shared by Star India with any designated third parties, as deemed fit, in connection with the Contest.

e) The Participant has the rights to: (i) review his/her Data for deficiencies and inaccuracies, and request Star India to correct or amend the Personal Information, to the extent deemed feasible by Star India; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that Star India shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Data prior to such withdrawal of consent or request for correction or amendment of Data. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Participant’s Data, Star India shall be entitled to disqualify the Participant’s entry and/or participation in the Contest, as deemed fit and necessary by Star India at its sole discretion.

f) All the Data submitted by the Participant is true, correct and complete in all respects and in no event will Star India and/or its affiliates be liable for either of the authenticity of the Data or any inaccuracies or deficiencies in the Data. Star India has provided the Participant with the option to opt out of providing the Data, and the Participant has not exercised such option.

26. The Participant will be solely responsible for complying with the terms stipulated by Twitter to submit Entry on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.

27. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by the Participant. Notwithstanding Star India shall, at all times, without any restriction(s) and/or prior approval(s) have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further, the Participant in consideration of participating in the Contest, hereby grants a royalty free, exclusive, irrevocable, perpetual, freely sub licensable license to Star India for use of the Entry in the entire world in any media deemed fit.

28. The Participant agrees that the Entry and participation in the Contest shall be at the Participant’s sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Star India makes no warranties or representations about the accuracy or completeness of the content on the social media platforms or the content of any websites linked to the social media platforms and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social media platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participants’ access to and use of the social media platforms, (iii) any unauthorized access to or use of secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media platforms (v) any bugs, viruses, trojan horses, or the like which may be transmitted to by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available including loss of Entry, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

29. The Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of fifteen (15) days, then Star India shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant/Winner forthwith and such decision shall be final and binding on the Participant(s).

30. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of Star India, in any manner whatsoever.

31. Participant(s) participating in the Contest hereby acknowledges and agrees that the relationship between Star India and its affiliated companies and them is not a confidential, fiduciary, or other special relationship.

32. The Participant(s)/ Winner(s) agrees and confirms that in the event that the Participant(s)/ Winner(s) does initiate a claim, proceeding, suit, action, against Star India, in connection with the Prize, and/or any technical defect in the receipt of the Entry and/or informing the Winner(s), the sole and entire compensation to be awarded to the Participant(s)/ Winner(s) in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to the value of the Prize awarded to the concerned Participant/ Winner.

33. The Participant undertakes that the Participant shall adhere to the policies of Star India as informed to the Participant from time to time. The Participant shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. The Participant’s attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

34. The Participant hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to the Participant from an employee or representative at Star India in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of Star India.

35. The Participant shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring Star India into public disrepute.

36. Participant(s)/Winner(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

37. Participant(s)/Winner(s) acknowledges that Participant’s representations, warranties, indemnities, grant of rights in the Materials , dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

38. These Terms and Conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Contest and/or the Prize shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner (s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s)/ Winner(s).

39. Subject to the provision of Clause 38 above of the General Rules, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

40. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the Participant and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Participant and Star India, in this connection.

41. The Participant hereby acknowledges that the Participant’s participation in the Contest is voluntary and out of his/her free will and consent, without any monetary compensation whatsoever.

42. The Participant hereby acknowledges that the Participant has fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.

43. In case of any queries in relation to this Contest, you can write to hello@startv.com. Star India shall endeavour to reply to the same within a reasonable time.

“#StarMoviesSecretScreening” event

TERMS & CONDITIONS

The following are the terms and conditions governing the“#StarMoviesSecretScreening” event (“Event”) hosted by Star India Private Limited (“Star India”). The Event shall be held at PVR Cinemas, i.e. Phoenix Mall, Lower Parel, Mumbai /PVR Cinema Forum Mall Koramangala, Bangalore and PVR Ambience – Gurgaon (“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 07th Mar, 2019

Star India will have access to and collect information and data shared by the Participants including their personal information during and after the course of my participation in the Event. By appearing and participation at the Even. The Participants hereby ,consent to the collection, storage, disclosure, processing, transfer of and sharing of the Data by Star India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and SIPL Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp.

By participating in this Event it is deemed that the Participant(s) have read, understood, accepted and agree to unconditionally abide with all the Terms and Conditions of the Event and to the Personal Data Privacy Policy and the Privacy Policy available at the above links. . If you do not agree to be bound or cannot comply with any of the Terms and Conditions, Privacy Policy and the Personal Data Privacy Policy, please do not continue. Your act of participating in the Event shall be deemed to be your absolute agreement to the Terms and Conditions and consent to the Personal Data Privacy Policy and Privacy Policy of STAR India (incorporated herein by reference) as prescribed from time to time. The Event shall be governed by these General Rules stated herein below and all the Participants in the Event shall unconditionally accept and agree to comply with and abide by the same.

I. Rules:

 

1. Star India reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Event at any time without giving any prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Event on the website of Star India i.e. www.Startv.com.

2. Star India may at its sole discretion extend or curtail the Event or may change the date or cancel the Event at any time without any prior notice of the same.

3. Participant(s) shall at all times ensure that they adhere to the applicable laws in force in the territory of India while attending the Event.

4. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any claims by the Participant(s) in relation to his/her participation during the Event at the Venue, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India.

5. For the avoidance of doubt, by participating in the Event, the Participant(s) is representing that any information shared by the Participant(s) are not confidential or comprise any sensitive personal information. For the purposes of these Terms and Conditions, “Sensitive Personal Information” shall bear the meaning ascribed to it under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and shall include information relating to password; financial information such as Bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information. For the purposes of these Terms and Conditions, the term “confidential information” shall mean any and all information which may be of a confidential nature to the Participant(s) and/or to a third party and the Participant(s) is not authorized by such third party to reveal such information.

6. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Event is delayed or postponed or cancelled.

7. Star India reserve the right to deny any Participant(s) from participating in the Event if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Event, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Star India.

8. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma, damage or loss caused to the Participant(s) and/or any belongings of the Participant(s). Further, the Participant(s) shall be solely responsible for any belongings of the Participant(s).

9. The Participant(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

10. Each Participant(s) consents to the use of any information supplied by the Participant(s) to Star India in relation to the Event, for the purposes as set out in these Terms and Conditions. The Participant(s) agrees and confirms that such contact details shall be their own, and the Participant(s) shall at no time submit any contact details which belong to a third party.

11. The Participant(s) shall fully indemnify, defend and hold harmless, Star India its affiliates, its licensors and their affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms and conditions hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) participation during the Event.

12. The Participant(s) acknowledge that during the Event, Star India may record the Participant(s) participation by clicking photos or taking videos. In this regard, the Participant(s) hereby agree and consent to the use of any such photos or videos of the Participant(s) by Star India on any form of media, in relation to the Event.

13. By participating in the Event, it shall be construed that the Participant(s) has waived his/her right to raise any dispute with regard to the Event and/or any decision of Star India, in any manner whatsoever.

14. The Participant(s) agrees and confirms that in the event that the Participant(s) does initiate a claim, proceeding, suit, action, against Star India, the sole and entire compensation to be awarded to the Participant(s) in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to INR 500/- (Rupees Five Hundred only).

15. Participant(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

16. Participant(s) acknowledges that Participant’s representations, warranties, indemnities, grant of rights in relation to any information provided by him/her, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

17. These Terms and Conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Event shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s).

18. Subject to the provision of Clause 17 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

“GoT Quiz Night” activity

TERMS & CONDITIONS

Please read the following Terms and Conditions very carefully before participating in the “GoT Quiz Night” activity (“Activity”) conducted by Star India Private Limited (‘Star India/Us/ We’) for its general entertainment channel, Star World. By participating in the Activity, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements set out herein below.

These terms and conditions (‘Terms and Conditions’/ ‘T&Cs’) govern Your Participation in this Activity and Your Registration on the URL of official webpage https://gotquiz.startv.com (“Webpage”) as a part of the promotional Activity. The Participants hereby consents (‘Participant(s)’/‘You’/‘Your’) that the Participants have voluntarily participated in the Activity and Registered (as defined later) on the Webpage, 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. By proceeding further, the Participant(s) are representing to the Company that the participation in the Activity is in compliance with all laws applicable and not in the Participant(s) in any manner not prohibited from participating in the Activity by any law.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Activity. You hereby agree and understand that Star India will have access to and collect information and data including but not limited to Personal Information (as defined below) submitted by the Participant(s). The Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”).

By Registering and participating in this Activity in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to the Registration (as defined later) and/or participate in the Activity. Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Activity shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Activity in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not Register:

i. The Participant(s) should be an Indian citizen and residing in the territory of India only. This activity is not for Non-Resident Indians or Indian residing outside territory of India or Indians holding dual citizenship;

ii. The Participant(s) should have completed 25 (twenty-five) years of age or above to be eligible to participate in this Activity and shall carry the age proof at the Venues;

iii. The Participant(s) should be well versed in English language - both written and spoken;

iv. The Participant(s) should not have a criminal conviction or an arrangement or a contract that prevents the Participant(s) from Registering and/ or participating in the Activity;

v. The Participant(s) should abide by all the applicable laws at all times.

vi. Permanent and/or contract employees and directors of Star India, its parent, subsidiary and affiliated companies, advertising and promotion agencies (collectively “Star Entities”) and each of their immediate family members are not eligible to enter the Activity.

In the event the Participant(s) fulfils all the criteria above, then You may participate in the Activity in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject Your Registration and/ or participation in the Activity at any point of time in the event the above criteria or any part thereof is not satisfactory or it does not meet the qualifications 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: All the interested Participants are required to register on the Webpage, review the question and submit the correct response, and provide the particulars including but not limited to the Participants name, contact number (“Registration/Register”).

The Activity will be conducted at multiple locations (“Venues”) as determined by Star India in the cities of Mumbai, Pune, Delhi, Chandigarh and Bangalore. The Activity will be hosted at the Venues on the dates as stipulated by Star India. The Registered Participants are required to answer questions and/or perform the activities as required at the Venues, wherein the Participations providing correct and accurate answers may be eligible to win the Prize. The quiz at the Venues will comprise of approximately 3 (three) rounds wherein the Participants may participate individually and/or in groups. The Venues may serve a curated menu which will include complimentary food and beverages, at the discretion of Star India.

1.2. The Activity is scheduled to start on 06th March, 2019 at 8 PM and end on 10th April, 2019 at 9.30 PM (“Activity Period”).

For purposes of the Activity, “receipt” of Registration occurs only when the Webpage server records the post information upon the entrant clicking “Submit” 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 shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) does not satisfy the eligibility criteria provided hereinabove, then his/her Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Activity. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

The Participant(s) should adhere to the terms, conditions, rules and regulations of the respective Venues. Rights of admissions are applicable as per the respective Venues and the Registration does not guarantee entry of the Participant in the Venues or their participation in the Activity. At the Venues, the Participants should act in good taste and their behavior shall not be unlawful, misleading, discriminatory, fraudulent, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws;

You hereby understand and agree that Star India and/ or the Venues, at its sole discretion, reserves the right to prevent You from partaking in the Activity if You do not adhere to the above stated requirements. By participating in the Activity, it shall be construed that You have waived Your right to raise any dispute with regard to the Activity and/or any decision of Star India, in any manner whatsoever.

1.3. At the end of each round, the Participants who have accurately answered the queries and have successfully met all the aforesaid selection parameters, shall be eligible to win the Game of Thrones merchandise. At the end of all the rounds, the Participants who have won each and all of the rounds is/are eligible to win a hamper comprising of the Game of Thrones merchandise. The decision of Star India in relation to the winner is final and binding. The Game of Thrones merchandise and the hamper comprising of the Game of Thrones merchandise is hereinafter referred to as the “Prize”.

1.4. The Prize to be awarded to the winner shall be decided at the sole discretion of Star India. It is clarified that all taxes in relation to Prize shall be borne solely by Star India. If any loss/damage etc. is caused / incurred to the Prize, Star India will not be liable for any such loss/damage etc. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein and/or the terms and conditions of the Venues or as set by Star India from time to time will make such Participant’s participation null and void.

1.5. The winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the winner participating and winning in the Activity, and that the winner shall not be entitled to any further gratification at any time. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the winner and the winner cannot exchange the Prize for a gift of similar value. The winner shall not sell, license or commercialize the Prize in any way. Star India shall not be responsible or liable for any change in the Prize. The winner agrees that he/she shall not hold Star Entities, responsible for delays or any problem in connection to the Prize. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the winner agrees not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize. The winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, 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 Activity and/or Prize.

1.6. The Participant(s) hereby acknowledges and agrees that Star India has the right to record your participation in the Activity at the Venues (“Footage”), use, Exploit (as defined below) and/or utilize the Footage, in any manner as it may deem fit at its sole discretion. The Footage may include photographs, video recordings or other actions of the Participant(s) that will be recorded at the Venues during the Activity and Star India will be free to exploit, display and use such Footage during any on ground event, as it may deem fit at its sole discretion.

1.7. In consideration of being giving an opportunity to participate in the Activity, the Participant(s) hereby assigns all rights, title and interest in and to the Footage in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Footage, creatively in any manner as deemed fit by Star India.

1.8. Star India reserves the right to deny any Participant(s) from participating in the Activity if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Activity, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

2. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

2.1. Nothing in law, contract or otherwise restricts You from participating in the Activity or part thereof;

2.2. The details and any other information given by You in connection with the submission of information on the Webpage and/ or at the Venues is original, true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

2.3. Your conduct at Venues during the Activity will not be defamatory of any person, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

2.4. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iii) if any representation, warranty or Personal Information made by You turns to be untrue, false and in accurate. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

3. General Rules of Participation:

3.1. Star India shall not be responsible in the event the Registration 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 Registration due to a technical error and/or defect in the functioning of the website, server or Webpage, 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 Registration 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.

3.2. The Participant(s) hereby authorizes, permits, and grants consent to Star India, its affiliates) and/or their authorized representatives to record, take photographs their image/ Likeness (as defined later), Footage or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) in any other manner as Star India may deem fit.

“Exploitation/Exploit” shall mean the exploitation of the Materials including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Activity.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant(s) relating to or in the footage owned by Star India, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Footage including any other form of literary works made by the Participant(s) or compilation and any other Intellectual Property created/ generated by the Participants during the course of the Activity.

3.3. The Participant(s) do hereby release in favour of and assign to Star India all rights including but not limited to the intellectual property rights in and to any footage having the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

3.4. For the purposes of this Activity, the Participant(s) agree and undertake to be unconditionally bound by the respective terms and conditions of the respective Venues. It is further clarified that such Venues specified hereinabove reserve the sole and exclusive right to make any amendments to its terms and conditions, at its discretion, and the Venues reserve the right to disqualify any Participant in the event of non-compliance with the Venues’ rules and regulations and applicable terms and conditions. Such decision of the Venues shall be final and binding on the Participant(s). The Participant(s) hereby agrees that any dispute arising between the Participant(s) and Venue(s) shall be resolved directly by the Participant(s), without any recourse to Star India.

3.5. The Participant(s) or hereby allow the face, image, biographical data, name, signature, voice, photographs of the Participant(s) and the family/relatives/friends/colleagues of the Participant(s) (‘Likeness’) to appear on and be used in connection with the activity, all means of exploitations, distribution including, but not limited to, the press, internet, television. Star India reserves the right to use, in any manner whatsoever, in part or in whole the Likeness. By providing any Personal Information to Star India, as part of the submission of the Registration and during the Activity, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their Likeness or personal information furnished to Star India.

3.6. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Activity without giving prior notice to You. You further understand and undertake the sole responsibility to visit the T&Cs available at the section of the website of Star India http://www.startv.com/legal-terms-policies/#wpp from time to time in order to be informed of the latest version of the T&C.

3.7. You agree and understand that the decision of Star India with respect to the Materials will be final and binding and You hereby waive any legal right that You may have to protest and/or dispute the decision of Star India;

3.8. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Activity and/or qualification of a Participant(s), STAR India shall not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;

3.9. You hereby agree and undertake that, Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participants in any manner whatsoever, in relation to the Activity;

3.10. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Activity is delayed or postponed or cancelled

3.11. Star India reserves the right to discontinue the Activity at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant(s) whatsoever without prior notice to the Participants;

3.12. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding Star India shall, at all times, without any restriction(s) and/or prior approval(s) have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further, You in consideration of Your participating in the Activity, hereby grant a royalty free, exclusive, irrevocable, perpetual, freely sub licensable license to Star India for use of Materials in the entire world in any media deemed fit, to the extent the assignment of the Materials is not valid by operation of law;

3.13. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption, technical glitches in the network and/or the cost of the call or internet session (i.e., cellular data pack charges) charged by the telecom/mobile operator/internet service provider etc. or any other circumstance beyond Star India’s control. Any dispute in connection to the above shall be settled between the subscribers and the telecom/mobile operator directly;

3.14. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), gratification, prizes, applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to Your participation in the Activity.

3.15. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forums in India to claim any damages or reliefs;

3.16. You hereby understand that Star India makes no representation and/or warranties regarding the Activity or any matter in connection therewith other than those expressly given in these T&C’s and hereby expressly disclaims all other warranties, expressed or implied;

3.17. Limitation of liability: By Registering on the Webpage and participating in the Activity, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Activity shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India’s maximum aggregate liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

3.18. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of these Terms and Conditions by You, Star India shall be entitled to any and all remedies in law and/or equity.

3.19. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere Registration and/or participation in the Activity shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

3.20. You acknowledge and confirm that neither 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.

3.21. Warranty Disclaimer: You agree that Your Registration 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 Webpage or the content of any websites linked to the Webpage and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the Webpage, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Webpage, (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 Webpage (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 Registration 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.

3.22. You undertake that You shall adhere to the policies of Star India as informed to You from time to time. You shall at all times adhere to all applicable laws in the territory of India, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. Your attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

3.23. 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;

3.24. 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.

3.25. 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.

3.26. 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.

3.27. 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.

3.28. 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.

3.29. Subject to the provision of Paragraph 3.28 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

3.30. You acknowledge that in case the Activity and/or any of Star India’s obligation cannot be fulfilled due to war, industrial action, flood or any act of God or event beyond the reasonable control of Star India then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of seven (7) days, then STAR India shall be at liberty upon their sole discretion to terminate the Activity and/or the participation of an Participant(s) forthwith and such decision shall be final and binding.

3.31. 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 Registration and disqualify Your participation at the sole discretion of Star India.

3.32. 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.

3.33. 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.

3.34. 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.

3.35. 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.

‘#HappyOscarsToYou’ contest

TERMS & CONDITIONS

Please read the following Terms and Conditions very carefully before entering this ‘#HappyOscarsToYou’ (“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 Movies’ Twitter handle at https://twitter.com/StarMoviesIndia (“Handle”) on February 25, 2019 from 5:00 AM to 10:00 AM and from 8:30 PM to 12:00 PM (“Contest Period/Period”), organized and conducted by STAR India. You (‘Participant(s)’ / ‘You’ / ‘Your’) agree and confirm that the Participants have voluntarily participated in the Contest and/or to submit the Content (as defined below) subject to Your unconditional acceptance to comply with and abide by the Terms and Conditions and You are eligible as per the Principal Rules and General Rules for participation listed herein below. If You do not agree to be bound or cannot comply with any of the Terms and Conditions, please do not continue to submit any Content and/or participate in the Contest. Your failure to accept or comply with the provisions of these Terms & Conditions will disqualify you from participation. The decision of Star India for all matters relating to your participation shall be final and binding in all respects.

These Terms and Conditions shall be irrevocably binding on each Participant(s) voluntarily participating in the Contest. You hereby agree and understand that Star India will have access to and collect information and data shared by the Participant’s Personal Information (as defined below) submitted by the Participant(s) hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the Personal Information by Star India, its affiliates, and designated third parties in accordance with the terms of Star India’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star India’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively, “Privacy Policy”).

By participating in this Contest and uploading and submitting the Content in the manner as stated hereunder, it is deemed that the Participant(s) have read, understood, accepted and agreed to irrevocably, unconditionally abide by and be bound by all the terms and conditions including these Terms & Conditions and to the Privacy Policy. If the Participant(s) do not agree to be bound by or cannot comply with any of these Terms and Conditions and the Privacy Policy, please do not continue to submit any Content (as defined below). Your failure to accept or comply with the provisions of these Terms & Conditions and the Privacy Policy will disqualify you from participation. The decision of Star India for all matters relating to Your participation shall be final and binding in all respects. The Contest shall be governed by the Terms and Conditions stated herein below and all Participant(s) are requested herein unconditionally accept and agree to comply with and abide by the same.

The Participant’s act of voluntarily participating in the Contest in the manner as detailed below shall be deemed to be the Participant’s absolute acceptance to the Terms and Conditions, Privacy Policy, terms of use and user generated content of Star India as prescribed from time to time.

1. Principal Rules for Participation:

1.1. Eligibility for Participants: Person(s) who do not comply with the following criteria should not submit Content :

i. The Participant should be an Indian citizen, residing in India only;

ii. The Participant should have completed 18 (eighteen) years of age and above to be eligible to enter this Contest;

iii. The Participant should be well versed in the English language - both written and spoken;

iv. The Participant should not have a criminal conviction or an arrangement or a contract that prevents the Participant from posting the Content and/or for Star India to develop on the Content;

v. The Participant should have proof of age and educational qualification when requested by STAR India and must be mandatorily submitted by the Participant, to Star India such as school leaving or transfer certificate/college leaving or transfer certificate, as may be required by Star India to confirm the eligibility of the Participant;

vi. The Participant should abide by all the applicable laws at all times.

vii. Employees of Star India and their immediate family member(s) are not eligible to participate in this Contest.

In the event the Participant fulfils all the criteria above, then You may submit the Content in accordance with these Terms and Conditions. Star India reserves the right but not the obligation to verify if an individual meets all the criteria.

You hereby understand and agree that Star India reserves the sole right to disqualify and reject the Content and registration of Participant (s) at any point of time in the event the above criteria or any part thereof is not met with or it does not meet the qualifications as set out below in 1.2 or any discrepancy is found to exist in the information furnished/ provided by You at any point of time.

1.2. Qualification and parameters of Content: Star India invites all the interested Participants to tweet or post from the respective Participant’s Twitter handle about the Academy Awards 2019 (“Oscars”) to be telecast on Star Movies SD and/or HD and/or Star Movies Select HD (“Channel”). The tweet should be unique, original and must describe in text how You would have hosted the Oscars as a host in not more than 280 characters in English language (‘Content’).

The Participant (s) should only submit Content which is:

i. Relevant to the Contest as specified above. Any Content submitted in any manner or as per the format /specifications other than that as prescribed herein will be disqualified and/or rejected from participating in the Contest.

ii. upload the Content on Twitter from their own Twitter handle, by using the hashtag #HappyOscarsToYou (“Hashtag”) and tagging the Handle.

iii. original and authored/ owned by the Participant (s) alone in his/her individual capacity and does not infringe and/or violate any intellectual property of third part and/or privacy/personality rights.

iv. has not prior to the submission of the Content, in the manner as set out below, pitched or shared or presented to Star India and /or any of its employees /directors /representatives;

v. has not been already pitched/ shared/ presented in any format or form whatsoever to any third party including but not limited to any persons, broadcasters, production houses, media companies.

vi. will be in good taste and not be unlawful, misleading, discriminatory, fraudulent, obscene, vulgar, libelous, blasphemous, derogatory, defamatory, insulting, annoying, hurting religious sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, in violation of any applicable laws and/or in any manner infringes the intellectual property rights including copyright rights of third party(ies) and /or their privacy rights.

vii. Or is in breach of Content related requirements detailed in these Terms and Conditions particularly under Paragraph 3.8 herein below.

You hereby understand and agree that Star India, at its sole discretion, reserves the right to reject the Content which does not adhere to the above stated requirement

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 of the Contest, Star India will internally review the Content within a period of 45 days from the end of the Contest Period, or such other time period that Star India may decide at its sole discretion.

Stage 3. Result:

At the end of the Contest Period, out of all entry/ies received on the Handle within the Contest Period, top twenty (20) Participants whose Entries are valid and compliant with the aforesaid parameters shall be shortlisted (“Shortlisted Participant(s)”) and using a randomizer, five (5) winners from the Shortlisted Participants (“Winners”) shall be selected. Such Participant(s) from the Shortlisted Participant(s) who fulfill all of the requirements set out in these Terms and Conditions including submitting of valid Documents (defined herein below) to the satisfaction of Star India shall be entitled to win the Prize.

The Winners will be contacted via Direct Message (“Private Message”) to provide their name, age, email id and phone number (“Contact Details”) to hello@startv.com within 24 hours of such Private Message. In the event any Winner(s) fails to submit their details their entry shall be invalidated.

Upon receipt of the Contact Details, Star India shall contact the Winners via email to submit (including but not limited to) scanned copies of their identity proof, age proof and address proof (e.g. school leaving or transfer certificate/college leaving or transfer certificate) (“Documents”) within 24 (twenty four) hours of such email. In the event, any Winner(s) fails to submit the Documents his/her participation shall be invalidated and shall forfeit his/her chance to win the Prize. It is clarified that Star India shall not be obligated to shortlist another Participant(s) in place of such forfeited Participant(s) and such decision shall be final and binding.

Star India shall make only one (1) attempt to reach the Winners after the Contest Period, not later than forty five (45) days from the end of the Contest Period. In the event such Winner(s), fail to respond within three (3) days, his/her selection shall be invalidated and stand disqualified and Star India shall not be liable to provide the Prize (as defined below) to such Winner(s) in any manner whatsoever. Subsequently, Star may be free to select any other Shortlisted Participant(s) as the Winners of the Contest, who has qualified as per the requirements under this Terms and Conditions at its sole discretion and such decision shall be final and binding on the Participant(s)/ Winners.

Upon successful communication and acceptance of the Prize by the Winners within the timelines as mentioned above and in accordance with these Terms and Conditions, the Winners agree that he/she shall be required to execute a separate written agreement(s) with Star India in respect of the Content submitted and its future development (if at all), by STAR India, and shall further set out the rights and obligations of the parties, at that point of time. The Winners agree and acknowledge that the execution of a written agreement is a material condition for Star India, agreeing to develop, exploit or utilise the Content for the aforementioned purposes, as it may deem fit at their sole discretion. The Winners hereby acknowledge and undertake to keep all the discussions, negotiations with respect to such written agreement including the contents of the written agreement entirely confidential or any other communications with respect to the Contest entirely confidential.

STAGE 4: Winners and Prize

The Winners of the Contest shall win official Oscars® merchandise (“Prize”). The Prize to be awarded to the Winner shall be decided at the sole discretion of Star India. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by Star India.

Star India shall courier the Prize to Winner to the address (in India only) as provided and confirmed by the Winner through the Documents as submitted by them under the terms of the Contest.

Upon dispatch of the Prize, in case during transit, if any loss/damage etc. is caused / incurred, Star India will not be liable for any such loss/damage etc. Further, Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Winner.

The Winner agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner participating and winning the Contest, and that the Winner shall not be entitled to any further gratification at any time. It is clarified that the Prize is non-transferable and may not be exchanged for cash. If the Prize is not claimed or otherwise within the stipulated timelines as mentioned under these Terms, the Prize will be forfeited and awarded to an alternate winner(s) unless otherwise stated, at STAR India’s sole discretion. All Prize(s) are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). In the event the Winners do not accept or agree to the terms as stated herein, the Prize shall remain with STAR India, who on its own discretion may offer the same to the next eligible winner. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winner and the Winner cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

Star India shall not be responsible or liable for any change in the Prize. The Winner agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize. Neither Star India nor its licensor(s) or their employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner agrees not to hold Star India, its licensor(s) and their affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that neither Star India nor its licensor(s) shall not be responsible for the quality, value etc. in connection to the Prize. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, neither Star India nor its licensor(s) can be held responsible and/or liable for the same. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

Neither Star India nor its licensor(s) is in any manner whatsoever responsible nor shall they 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.

Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

For avoidance of doubt it is clarified that for the purpose of participating in the Contest, the Participant(s) may upload as many tweet(s) as they desire but only tweet(s) received before the close of the Contest shall be considered valid for the Contest. The Participant(s) agrees not to spam and/or tweet the same post multiple times. In case, a Participant(s) is found indulging in such acts, he/she shall stand disqualified from participating in the Contest.

The Participants’ adherence to the eligibility criteria provided hereinabove, tweeting or tagging the Hashtag and the Handle in the manner as stated therein shall be considered as a complete and valid entry (“Entry”). For the avoidance of doubt, if the Participant(s) uploads the Content without the Hashtag and/or Handle, and/or which is not original or which is repetition or if the Participant(s) does satisfy the eligibility criteria provided hereinabove, then such Entry shall be considered incomplete and the Participant(s) shall be ineligible for the Contest. The Participant(s) agrees and acknowledges that by submitting the Entry and /or post, the Participant(s) is representing that the Entry(s) and /or post or contents thereof are not confidential or comprise any sensitive personal data or information.

The Participant(s) hereby acknowledges and agrees that Star India has the right to shortlist, use exploit and/or utilize the Content during the Contest, as it may deem fit at its sole discretion. In consideration of being giving an opportunity to participate in the Contest, the Participant(s) hereby assigns all rights, title and interest in and to the Content in favour of Star India for Star India’s Exploitation (as defined below). The Participant(s) agrees and has no objection to Star India’s right to develop/adapt/modify/change the Content, creatively in any manner as deemed fit by Star India. Star India reserves the right to deny any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to deny the Participant(s) entry in the Contest, if Star India determines at its sole discretion that the Participant(s) is not compliant with any of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form privacy or intellectual property rights of any third party. The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant(s) shall not at any time challenge and/or dispute such decision of Star India.

3. Representations, Warranties and Indemnities By You:

You hereby represent, undertake and warrant as follows:

3.1. You are the sole creator / author / owner of the Content and that, no rights vest in any other party in respect of the Content uploaded/ submitted by You. Nothing in law, contract or otherwise restricts You from submitting the Content or part thereof and You are fully authorised and entitled to submit the Content;

3.2. All rights, including all copyrights and other intellectual property rights in respect of the Content in its entirety vests in You and is original and does not infringe and/or otherwise violate any third party rights, including any privacy rights and intellectual property rights and that the Content is in compliance with all the applicable laws, and is in no way in violation of any local or international laws, or of any other laws that may be in force in India;

3.3. No rights in and to the Content have previously been granted to any third party, nor has the Content been otherwise exploited in any way, either by You or by any third party/ (ies);

3.4. You have not prior to the submission of the Content approached or submitted or pitched the Content and /or any parts of it in any form whatsoever to any third party including but not limited to any persons , broadcasters , production houses , media companies and /or Star India and /or any of its employees /directors /representatives for any purpose whatsoever including but not limited to the purposes of making a television show or cinematographic films in any language whatsoever The Content and all its constituent features are entirely original and do not infringe the rights of any third parties including but not limited to rights in and to any intellectual property. The Content is completely free of any liens, charges, claims of any nature and/or any other encumbrances of any sort by a third party;

3.5. The details and any other information given by You in connection with the Entry and/or submission of the Content is true and accurate and that Star India is not/ shall not be responsible for verifying any information submitted by You;

3.6. The Content does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world. The Content does not contain any sensitive personal data or information.

3.7. The Content or part thereof is not defamatory of any person deceased or alive, insensitive to any person or community and/or is not likely to expose Star India to criminal or civil claims;

3.8. The Content shall not include any advertisements or solicitation of any business/es;

a. You undertake to ensure that the submission of Content is, at all times, in compliance with the requirements laid down under the Information Technology (Intermediary Guidelines) Rules, 2011 and accordingly You shall not host, display, upload, publish, transmit, update or share any information (including but not limited to the Content): that belongs to another person and which You do not have right to;

b. that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c. that harm minors in any way;

d. that infringes any patent, trademark, copyright or other proprietary rights;

e. that violates any privacy laws for the time being in force;

f. that violates any law for the time being in force;

g. that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

h. by impersonates another person;

i. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

j. that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

3.9. You hereby indemnify and hold harmless Star India and its affiliates, Star India’s licensors and their affiliates, their respective directors, employees, officers, sub-licensee, assignees, representatives and partners from and against any claim, loss, damages, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any (i) breach of warranty, representation or undertaking made by You herein; (ii) use of the Content by Star India or its licensors and/or their affiliates; (iii) any act and/or omission by You which is prejudicial to the goodwill of Star India (Your wilful misconduct and/or negligent acts or omissions); (iv) any third party claims arising out of the utilization of the Content or submission of the Content by You to Star India and/or possible acceptance of the Content by Star India; (v) if any representation, warranty or Personal Information made by You turns to be untrue, false and in accurate; and (vi) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize. In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star India may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star India for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

4. General Rules:

4.1. You understand that Your submission of Content does not imply that Star India is of the view that the Content, or any part thereof, is either novel, unique, original, real, accurate, valuable or usable. The submission of Content per se shall not be deemed to constitute acceptance by Star India and nothing herein shall be deemed to impose an obligation on Star India to accept and /or exploit and/or utilize the Content. You recognise that other persons may have submitted to Star India. or to others, or made public, or may hereafter and independently hereof, originate and submit, or otherwise make public, material which may either be similar to the Content submitted by You, which material Star India shall have the right to use, independent of You and /or your submission of Content.

4.2. Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet/Post/Submit” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India.. STAR India shall not be responsible in the event any Entry or Entries are not received or submitted due to any technical error of any nature whatsoever. Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the subscribers/ Participant(s) and the telecom/mobile operator directly, without involving Company. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry(s) or contents thereof are not confidential or comprise any sensitive personal information.

4.3. The Participant(s) authorizes, permits, and grants consent to Star India, its affiliates, group companies and/or their authorized representatives to record, take photographs, film their appearance or utilize any other Material (as defined hereinafter) and further Exploit (as defined hereinafter) the Materials in any other manner as Star India may deem fit. Participant (s) specifically agree, allows, grants and permits Star India or any party authorized by it to record (audio-video/audio or video), including any interaction of the Participant with Star India or fellow Participant or any representative of 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, AVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. You agree and declare that You have waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to Your participation in the Contest and submission of the Content.

“Intellectual Property” means and includes all performances, performers’ rights, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by 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.

4.4. The Participant(s) do hereby release in favour of and assign to SIPL all rights including but not limited to the intellectual property rights in and to the Material, on any and all medium, mode and platforms, now or hereafter known, for world and in perpetuity.

4.5. For the purposes of this Contest, by uploading and /or submitting/ his /her tweet on 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 Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and Twitter shall be resolved directly with Twitter, without any recourse to Star India.

4.6. The 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 Entry, to the extent permissible under law, You hereby expressly waive Your privacy rights and/or any privacy expectations that You may have with respect to the use of their likeness or personal information furnished to Star India;

4.8. You agree and understand that Star India reserves all rights to make amendments, include new conditions to the existing T&C or withdraw, change, alter, amend the Mechanism of this Contest detailed under Paragraph 2 above without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the Website from time to time in order to be informed of the latest version of the T&C;

4.9. 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 Contest and/or the selection process of the Content and/or qualification of an Participant (s), STAR India not be held liable either directly and/or indirectly and in any event, and the decision of STAR India shall be final and binding on You;

4.11. 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;

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 Contest;

4.13. You hereby understand that, upon completion of submission of Content, You shall not withdraw the Content for any reason whatsoever;

4.14. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Contest is delayed or postponed or cancelled;

4.15. Star India reserves the right to discontinue the Contest at any time for any reason whatsoever without any recourse and/or liability to any/ all of the Participant (s) whatsoever without prior notice to the Participants;

4.16. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by You. Notwithstanding Star India shall, at all times, without any restriction/s and/or prior approval/s have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further You in consideration of Your participating in the Contest, hereby grant a royalty free, exclusive, perpetual, sub licensable license to Star India for use in the entire world in any media deemed fit;

4.17. Star India reserves the right to discontinue dealing with the Content after accepting the same, at any time, for any reason/s whatsoever including for reasons that any information provided by You is wrong, fraudulent or any misrepresentation is made by You with respect to Your personal information and/or Content (in part or whole) is not in compliance with the Terms and Conditions herein;

4.18. 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;

4.19. 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;

4.20. Star India shall not be responsible to pay for any cost, expenses (save and except what is mentioned under these Terms and Conditions), applicable taxes, duties, charges, license fees, insurance and/or levies applicable under the laws of India, in relation to the Your participation in the Contest and . You/ the Participants hereby agree that any such amounts stated above, including all income taxes, withholding taxes shall be solely borne by You and the selected Participants;

4.21. You hereby undertake to hold harmless and indemnify Star India, its employees, its affiliates, its group companies, its licensors and its affiliates, and their respective officers, directors or any other person from and against any injury/damage/harm/loss/death/mental or emotional trauma suffered by You and also to the extent possible under law, waive all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forums in India to claim any damages or reliefs;

4.22. You hereby understand that Star India makes no representation and/or warranties regarding the Contest or any matter in connection therewith other than those expressly given in these T & C and hereby expressly disclaims all other warranties, expressed or implied;

4.23. Limitation of liability: By submission of the Content, You acknowledge and agree that any and all disputes, claims and causes of action arising out of or in connection with the Contest shall be resolved individually, without resort to any form of class action. Notwithstanding the foregoing, under no circumstances will Star India, and/or Star India entities, its licensors and their respective affiliates be liable for any consequential, indirect, special, punitive, or incidental damages, lost business, lost goodwill or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise. Without prejudice to the foregoing, in any case Star India entire liability under these Terms and Conditions shall not exceed the total monetary value of Rupees hundred.

4.24. Notwithstanding anything contained herein, You expressly agree that You shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertising and/or promotion of any of Star India’s programming, promotional or marketing plans and/or any other rights including but not limited to intellectual property rights or content in this connection thereto. You hereby agree and understand that in the event of a breach and/or a threatened breach of this T & C by You, Star India shall be entitled to any and all remedies in law and/or equity;

4.25. You hereby acknowledge that there does not now exist, nor has there ever existed, a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India. You further acknowledge that mere submission of the Content shall not result in the establishment of a fiduciary relationship, or a relationship in the nature of an agent and principal between You and Star India.

4.26. The Participant acknowledges and confirms that neither Star India licensors nor any of the Star India licensor’s affiliates are in any manner whatsoever associated with the Contest or responsible for the Prize, gratification or merchandise provided to the Participant.

4.27. Warranty Disclaimer: You agree that Your use of uploading of the Content, and participation in the Contest shall be at Your sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Star India makes no warranties or representations about the accuracy or completeness of the content or the content of any websites linked in relation to the Contest and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social platform including this section, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the social media platform including this section, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media accounts / section, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the social media platforms/ Contest section including loss of Content posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

4.28. 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.

4.29. 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 Oscars otherwise Your attendance may be withdrawn or subject to limitation upon Star India and/or the Oscars’ sole discretion.

4.30. 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;

4.31. 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.

4.32. 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;

4.33. 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.

4.34. 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.

4.35. 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.

4.36. Subject to the provision of Paragraph 4.37 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

4.37. 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.

4.38. You hereby agree, represent and undertake to sign/execute, accept additional documents i.e., release letters, etc., and produce further documents, as may be required by Star India promptly, as and when called upon, in relation to your participation in this Contest. Star India reserves the right to reject the Content and disqualify Your participation at the sole discretion of Star India.

4.39. You hereby acknowledge that Your voluntary participation in the Contest and /or Your contribution towards the Program is voluntary and out of You free will and consent, without any monetary compensation whatsoever.

4.40. 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 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.

4.41. You hereby acknowledge that You have fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.

4.42. 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” Kareena & Priyanka contest

TERMS & CONDITIONS

The following are the terms and conditions governing the “Autographed Koffee Mug” contest (“Contest”) hosted by Star India Private Limited (“Star India”) for the promotion of the program “Koffee With Karan Season 6” (“Program”) aired at 9:00 pm on Star World SD and HD (“Channel”) from 21 st October, 2018 onwards every Sunday till the last episode of the Program. The Contest shall be held on Star World Twitter profile at the URL https://twitter.com/StarWorldIndia (“Twitter Page”) with the @StarWorldIndia handle (“Twitter Handle”) from 21 st October, 2018 onwards, every week till the last episode of the Program.

The Contest invites interested persons to participate in the Contest by tweeting the hashtag “#KoffeeWithKareena” KoffeeWithPriyanka” (“Hashtag(s)”) and following all required mandates herein below (“Participant(s))” for the Contest Period (as defined below).

The Contest shall commence on 24th Feb 2019, 8:00 pm onwards, and end at 11:59pm on 24th Feb 2019 (“Contest Period/Period”).

Any information gathered through this Terms and Conditions including the Entry shall be subject to Star India’s Privacy Policy (as defined below) incorporated herein by reference.

Star India will have access to and collect information and data shared by the Participants including their personal information for the purposes of the Contest. By participation in the Contest, the Participants hereby consent to the collection, storage, disclosure, processing, transfer of and sharing of the Data (as defined below) by Star India, its affiliates, and designated third parties in accordance with the terms of its Privacy Policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and the Personal Data Privacy Policy available at http://www.startv.com/legal-terms-policies/#pdpp (collectively the “Privacy Policy”).

By participating it is deemed that the Participant(s) have read, understood, accepted and agreed to unconditionally abide with all the Terms and Conditions of the Contest and Privacy Policy. If you do not agree to be bound or cannot comply with any of the Terms and Conditions and the Privacy Policy, please do not continue. Your act of participating in the Contest shall be deemed to be your absolute agreement to the Terms and Conditions, Privacy Policy (incorporated herein by reference) of STAR India as prescribed from time to time. The Contest shall be governed by the Principal Rules and General Rules of these Terms and Conditions stated herein below, the Privacy Policy and all the Participants in the Contest shall unconditionally accept and agree to comply with and abide by the same.

I. Principle Rules-

1. To participate in the Contest the Participant(s) shall follow the procedure as detailed below:

a) Participant(s) must be citizen and resident of India and of 18 (eighteen) years of age or above at the start date of the Contest Period. The Participant(s) should not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Contest.

b) Employees of and/or consultants of and/or persons hired on contract by Star India and the members of their immediate family are ineligible from participating in the Contest.

c) All Participant(s) must have a valid Twitter account to be eligible to participate in the Contest. For the sake of clarity, it is hereby agreed to and confirmed by the Participant(s) that the same does not include a Twitter account opened and operated by a family member and/or friend of the Participant(s).

d) Contest Mechanism

i. The Contest invites interested persons to participate to win the autographed mug of the respective celebrity (Kareena Kapoor/or Priyanka Chopra) by answering 2 (two) trivia based questions, for each celebrity appearing in the episode of the Program, based on trivia about each of the celebrity. 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 celebrity of the day to win the respective autographed mug, by tweeting it on the official Twitter Page using the hashtag (A) “#KoffeeWithKareena” & “#KoffeeWithPriyanka” for the two questions pertaining to Kareena Kapoor & Priyanka Chopra; 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 March 15 th, 2019 and the Prize will be dispatched to the Winner on or before March 30th 2019 In an unlikely event if the Winner announcement is postponed and/or or dispatch of the Prize delayed for any reason whatsoever, then Star India will not be held responsible.

7. One (1) Winner shall be chosen for each hashtag in the week and will win an autographed Koffee with Karan mug (“Prize”) autographed by the respective celebrity. The Prize to be awarded to each winner shall be decided at the sole discretion of Star India. It is clarified that all taxes in relation to Prize and all costs of courier incurred for the dispatch of the Prize shall be borne solely by Star India.

8. Star India shall courier the Prize to Winner(s) to the addresses (in India only) as provided and confirmed by the Winners through the Documents as submitted by them under the terms of the Contest.

9. Upon dispatch of the Prize, in case during transit, if any loss/damage etc. is caused / incurred, Star India will not be liable for any such loss/damage etc. Further, Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Winner(s) is unreachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Winner(s).

10. Non-conformance by the Participant(s) to any and all the Terms and Conditions herein and/or the terms of use of Twitter or as set by Star India from time to time will make such Participant’s Entry(ies) null and void.

11. The Participant hereby acknowledges and agrees that Star India has the right to develop, exploit and/or utilize the Entry for the aforementioned purposes, as it/they may deem fit at their sole discretion. The Participant understands and agrees that he/she may be required to execute a separate written agreement(s) with Star India, if requested by Star India, in respect of the Entry submitted and its future development (if at all), by Star India, its licensors’ and its affiliates.

12. The Participant understands that the Star India may at its sole discretion, develop and exploit the Entry to create a film (“Film”), to be decided at the sole discretion of Star India. The Film maybe be aired and/or any channel and/or any platform including but not limited to social media platform of Star India and/or its affiliates and/or any authorized third party, as deemed fit by Star India.

13. In consideration of being giving an opportunity to participate in the Contest, the Participant hereby assigns all rights, title and interest in and to the Materials in favour of Star India for Star India’s Exploitation (as defined below). The Participant agrees and has no objection to Star India’s right to develop/adapt/modify/change the Entry, creatively as deemed fit by Star India.

“Exploitation/Exploit” shall mean the exploitation of the Entry including along with its cognate forms and grammatical variations, means and includes the exploitation, use, alteration, broadcast, rebroadcast, communication, encryption, transmission, translation, adaptation, publication, cutting, editing, and packaging of the Intellectual Property vested in the Materials, either in whole or in part, in any form/format or language, as may be decided by Star India in its sole discretion and shall include incorporation of the Materials including performances in the Program or any audio visual recording or sound recording or as may be decided by Star India in its sole discretion as well as the conversion of the Materials from one form/format to another and in relation to the Materials, making of a Cinematograph Film or Sound Recording, Communication to the Public, Broadcast, Performance in Public, adaptation, reprography, reproduction, distribution, sale, commercial rental, assignment, licensing, merchandising rights, remakes, sequels, prequels, versions, translations, dubbing and/or subtitling in any all languages/dialects in the world, converting the Materials for theatrical exploitation, including but not limited to the broadcasting thereof by any form of radio, internet and any and all form of television including but not limited to terrestrial, satellite, direct to home, cable, IPTV, any form of video on demand (including but not limited to Pay-per-View, NVOD, SVOD, PVOD, FVOD made available for being seen or heard or delivered or exploited through wire or wireless including but not limited to internet, websites including but not limited to social networking websites, blogs, internet or mobile streaming or download services (whether free, pay or subscription based) computing and networking devices, mobile /telecommunication system based platforms, mobile TV, theatrical or non-theatrical or any other means whether now known or existing or in commercial use or hereinafter invented or developed in the future in and to the Intellectual Property and all elements thereof. The capitalized terms ‘Broadcast’, ‘Communication to the Public’, ‘Cinematograph Film’, ‘Performance /Perform in Public’, ‘Sound Recording’, ‘Visual Recording’ shall have the same meanings as defined in the Indian Copyright Act, 1957 as amended from time to time and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

The provisions of Section 19(4) of the Indian Copyright Act, 1957 (as amended) shall not apply to any assignment and/or license under these Terms and Conditions. The Participant agrees and declares that the Participant has waived off any so called “moral rights” and/or “author’s special rights” and all analogous rights which may now exist or be hereafter recognized in relation to his/her participation in the Contest and submission of the Entry.

“Intellectual Property” means and includes all photographs, images, representations, publicity rights, brands, rights if any vested in the Participant relating to or in the footage owned by the Company, concepts, confidential information, copyrights, databases, designs, formulae, franchises, goodwill, know-how, licenses, ‘look and feel’, music (including songs, sheet music, lyrics and remixes), permits, proprietary information and knowledge, scripts (and their sound recordings), segments, set designs, service marks, technology, titles, trademarks, trade names, trade secrets, format rights, and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented, as well as all other intellectual property as is commonly understood and recognized as such by applicable law, (past, current or future) industry usage, or otherwise.

“Materials” shall mean and include the Entry including any form of photographs, stills, images, representations, literary works, artistic works made by the Participant(s) or compilation and any other Intellectual Property created/ generated by the Participants during the course of the Contest.

14. For the purposes of this Contest, by uploading and /or submitting the Entry, the Participant(s) agree and undertake to be unconditionally bound by the terms and conditions, terms of use, privacy policy and user generated content policy of Twitter. It is further clarified that such platform reserves the sole and exclusive right to make any amendments to its terms and conditions from time to time, at its discretion, and the Participant shall be responsible for checking the same without any recourse to Star India. Any Entry on the platform in any other format other than that prescribed by such platform having an unclear image quality will be deemed invalid and will be disqualified from the Contest without any prior intimation by Star India. Such decision of Star India shall be final and binding on the Participant(s). The Participant hereby agrees that any dispute arising between the Participant and the respective owners/licensees of the social media platforms shall be resolved directly with such owners/licensees, without any recourse to Star India.

II. General Rules-

1. Star India reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Contest without any recourse and/or liability to any/ all of the Participant(s) whatsoever and without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Contest and the Privacy Policy on the website of Star India i.e., www.Startv.com. The Contest is not sponsored, endorsed, administered or associated with Twitter in any way.

2. Star India may at its sole discretion extend or curtail the Period of the Contest or may suspend or abandon the same at any time without any prior notice of the same.

3. Entries sent after the Period will not be considered for the Contest and shall be deemed null and void.

4. Participant(s) shall at all times ensure that the Entry adheres to the applicable laws in force in the territory of India.

5. Participant(s) must enter the Contest on his/her own behalf and Entry(ies) by proxies will not be accepted. In the event that it is found that a Participant(s) has submitted Entries from more than one Twitter account, Star India reserves the right to disqualify such Participant(s) from the Contest.

6. Each Entry shall be checked by Star India inter alia, if the Entry follows the aforementioned rules. The decision of Star India shall be final and binding. The Participant(s) agrees and confirms that the Participant(s) shall at no time challenge such decision of Star India and/or raise any claims or disputes in relation to the same.

7. Star India shall not be responsible in the event Entries are not received due to any technical error of any nature whatsoever. For purposes of the Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Tweet” button. Any automated receipt confirmation does not constitute proof of actual receipt. The Participant(s) agree and confirm that Star India shall at no time be held responsible and/or liable for any non-receipt of an Entry due to a technical error and/or defect in the functioning of the website server, and to the extent permissible in law, the Participant(s) waives his/ her right to initiate any claim, proceedings, actions, damages, suits, in relation to the same against Star India. Star India shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network and/or the cost of the internet session charged by the telecom/mobile operator etc. Any dispute in connection to the above shall be settled between the Participant(s) and the telecom/mobile operator/internet service provider directly, without involving Star India. For the avoidance of doubt, by submitting the Entry, the Participant(s) is representing that the Entry or any part thereof is not confidential or comprise any sensitive personal information.

8. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information. For the purposes of these Terms and Conditions, “Sensitive Personal Information” shall bear the meaning ascribed to it under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and shall include information relating to password; financial information such as Bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information. For the purposes of these Terms and Conditions, the term “confidential information” shall mean any and all information which may be of a confidential nature to the Participant(s) and/or to a third party and the Participant(s) is not authorized by such third party to reveal such information. For the avoidance of doubt, all information provided by the Participants in the course of the Contest shall be submitted to Star India and not to Twitter.

9. Star India shall not be responsible or liable for any technical disruption and/or failure and/ or any other difficulties of such nature, due to which the Shortlisted Participant(s)/ Winner(s) is un-reachable or any technical disruption and/or failure/ and/ or any other difficulties of such nature, due to which Star India is unable to intimate the Shortlisted Participant(s)/Winner(s).

10. Star India reserve the right to disqualify any Participant(s) from participating in the Contest if the Participant(s) are found to be in breach of any provisions of these Terms and Conditions or as revised from time to time. Star India reserves the absolute right and discretion to reject any “Entry” or any part thereof at any stage of the Contest, including after declaring the winning Entry, if Star India:

a. receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party

b. determines at its sole discretion that the Entry inter alia, belongs to another person and to which the Participant does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The decision of Star India in this regard shall be final and binding upon the Participant(s), and the Participant shall not at any time challenge and/or dispute such decision of Star India.

11. The final selection of the Winner(s) shall be made by the Star India and shall be final and binding on all Participant(s)/Winner(s) and in no event shall the Participant (s)/Winner(s) dispute the decision made by the Star India or its employees in connection to the Entry and /or the Contest. For the sake of clarity, in the event of any fault, misunderstanding or dispute concerning any part of the Contest and/or the selection process to qualify for the Contest, the decision of Star India shall be final and binding.

12. The Winner(s) agrees and confirms that the Prize so awarded by Star India shall be the sole gratification/ prize pursuant to the Winner(s) participating and winning the Contest, and that the Winner(s) shall not be entitled to any further gratification at any time.

13. The Prize is non-transferrable and non-exchangeable. For the purpose of clarity, no cash equivalent or alternative prize will be given to the Winners (s) and the Winners cannot exchange the Prize for a gift of similar value. The Winner shall not sell, license or commercialize the Prize in any way.

14. Star India shall not be responsible or liable for any change in the Prize.

15. The Winner(s) agrees that he/she shall not hold Star India and/or its employees, responsible for delays or any problem in connection to the Prize.

16. Neither Star India nor its employees have given a guarantee and/or warranty regarding quality, brand, value, of the Prize and the Winner(s) agree not to hold Star India, its affiliates and their respective employees, officers, directors responsible with regards thereof. It is clarified that Star India shall not be responsible for the quality, value etc. in connection to the Prize.

17. The Winner agrees that if due to any reason, whatsoever, beyond the control of Star India the Prize and/or anything in connection to the Prize and/or the enjoyment of the Prize becomes ineffective or invalid, Star India cannot be held responsible and/or liable for the same.

18. All and any incidental costs direct and/or indirect, applicable taxes, in relation to the Prize, shall be borne by the Winner and in no manner whatsoever shall Star India, be responsible or liable for the same in any manner whatsoever.

19. Star India is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, death, mental trauma caused to the Participant(s) and/or the Winner in any manner whatsoever or for any reason whatsoever in connection to the Contest and/or Prize.

20. Star India reserves the right to forfeit the Prize in the event it is found by Star India that any information including but not limited to Data and/or Documents provided by the Participant(s) and/or the Winner is wrong, fraudulent or any misrepresentation is made by the Participant(s) and/or the Winner. Star India shall have the right to declare another Confirmed Participant(s) as the Winner of the Contest and transfer the Prize to that person.

21. The Winner(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star India in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star India.

22. Each Participant(s)/Winner(s) consents to the use of information supplied by the Participant(s)/Winner(s) for the purposes as set out in these Terms and Conditions. The Participant(s) agrees and confirms that such contact details shall be their own, and the Participant(s) shall at no time submit any contact details which belong to a third party.

23. The Participant(s) and/or the Winner(s) shall fully indemnify, defend and hold harmless, Star India its affiliates, officers, directors, employees and agents (collectively the “Indemnified Persons”) from and against any and all losses, claims, actions, damages, liabilities, penalties, costs and expenses, (including without limitation reasonable attorneys’ fees and court fees) (collectively “Losses”), that the Indemnified Person may incur or suffer or likely to incur or suffer as a result of or arising out any (i) breach of any terms and conditions hereunder; (ii) willful misconduct or negligent acts or omissions; (iii) any claims by any third party for any losses, damages, costs, expenses, injuries suffered by such third party, arising out of or in relation to the Participant(s) and/or the Winner(s) and/or the material submitted forming part of the Entry and/or the Contest during the Contest Period and/or enjoyment of the Prize.

24. The Winner of the Contest agrees that he/she shall make himself/herself available from time to time and co-operate with Star India and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner agrees that the footage of any nature with regard to the Winner shall vest with Star India, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

25. Each Participant acknowledges and agrees that:

a) The Participant has read, understood and accepted the Privacy Policy and understands and agrees that the Participant’s Data is subject to the terms of these Terms and Conditions and the Privacy Policy.

b) The Data may be collected by Star India pursuant to the Terms and Conditions, in connection with the Contest and it may be necessary for Star India to collect the Data for the Contest and the uses set out below in (c) below.

c) The Data will be used in respect of the Contest on any platforms including channel(s) owned by Star India.

d) The Data may be shared by Star India with any designated third parties, as deemed fit, in connection with the Contest.

e) The Participant has the rights to: (i) review his/her Data for deficiencies and inaccuracies, and request Star India to correct or amend the Personal Information, to the extent deemed feasible by Star India; and (ii) withdraw the consent provided under these Terms and Conditions. Provided that Star India shall not be liable for any collection, receipt, storage, use, transfer or disclosure of Data prior to such withdrawal of consent or request for correction or amendment of Data. Additionally, upon any such withdrawal of consent or request to review and correct or amend the Participant’s Data, Star India shall be entitled to disqualify the Participant’s entry and/or participation in the Contest, as deemed fit and necessary by Star India at its sole discretion.

f) All the Data submitted by the Participant is true, correct and complete in all respects and in no event will Star India and/or its affiliates be liable for either of the authenticity of the Data or any inaccuracies or deficiencies in the Data. Star India has provided the Participant with the option to opt out of providing the Data, and the Participant has not exercised such option.

26. The Participant will be solely responsible for complying with the terms stipulated by Twitter to submit Entry on account of any restrictive terms imposed by such platform and/or on account of the Participant’s failure to comply with the terms imposed by such platform.

27. These Terms and Conditions, and any rights and licenses granted hereunder, may not be dealt with, licensed, transferred or assigned by the Participant. Notwithstanding Star India shall, at all times, without any restriction(s) and/or prior approval(s) have the right to assign/ transfer/ license and/or in any manner part with the rights and obligations contained. Further, the Participant in consideration of participating in the Contest, hereby grants a royalty free, exclusive, irrevocable, perpetual, freely sub licensable license to Star India for use of the Entry in the entire world in any media deemed fit.

28. The Participant agrees that the Entry and participation in the Contest shall be at the Participant’s sole risk. To the fullest extent permitted by law, Star India, including its licensors, their respective affiliates, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Contest. Star India makes no warranties or representations about the accuracy or completeness of the content on the social media platforms or the content of any websites linked to the social media platforms and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies on the social media platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from the Participants’ access to and use of the social media platforms, (iii) any unauthorized access to or use of secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the social media platforms (v) any bugs, viruses, trojan horses, or the like which may be transmitted to by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available including loss of Entry, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

29. The Participant(s)/Winner(s) acknowledges that in case the performance of this Contest and/or availing the Prize cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms and Conditions and if such inability to perform such obligation continues for a period of fifteen (15) days, then Star India shall be at liberty and upon their sole discretion to terminate any such Prize and/or participation of a Participant/Winner forthwith and such decision shall be final and binding on the Participant(s).

30. By participating in the Contest, it shall be construed that the Participant(s) and/or the Winner has waived his/her right to raise any dispute with regard to the Contest and/or the Prize and/or any decision of Star India, in any manner whatsoever.

31. Participant(s) participating in the Contest hereby acknowledges and agrees that the relationship between Star India and its affiliated companies and them is not a confidential, fiduciary, or other special relationship.

32. The Participant(s)/ Winner(s) agrees and confirms that in the event that the Participant(s)/ Winner(s) does initiate a claim, proceeding, suit, action, against Star India, in connection with the Prize, and/or any technical defect in the receipt of the Entry and/or informing the Winner(s), the sole and entire compensation to be awarded to the Participant(s)/ Winner(s) in the event that such suit, proceeding, claim, action, is decided against Star India, shall be limited to the value of the Prize awarded to the concerned Participant/ Winner.

33. The Participant undertakes that the Participant shall adhere to the policies of Star India as informed to the Participant from time to time. The Participant shall at all times adhere to all applicable laws in the territory, including but not limited to the applicable anti-corruption and anti-bribery laws, code of conduct. The Participant’s attendance may be withdrawn or subject to limitation upon Star India’s sole discretion.

34. The Participant hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to the Participant from an employee or representative at Star India in connection with this Contest; and agree to make no public press announcements or information for publication without the explicit approval of Star India.

35. The Participant shall not undertake any act, either directly or indirectly or publish any comments, statements on any social media or otherwise through any modes and/or mediums during such promotional activity or otherwise which may bring Star India into public disrepute.

36. Participant(s)/Winner(s) acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.

37. Participant(s)/Winner(s) acknowledges that Participant’s representations, warranties, indemnities, grant of rights in the Materials , dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms and Conditions.

38. These Terms and Conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Contest and/or the Prize shall be referred to a sole arbitrator appointed by Star India and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s)/Winner (s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Participant(s)/ Winner(s).

39. Subject to the provision of Clause 38 above of the General Rules, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.

40. The contents as detailed in this Terms and Conditions (including all the revisions and additions thereto from time to time) constitute the entire understanding and agreement between the Participant and Star India in this connection, and supersedes all prior understandings, if any, whether written or oral, between the Participant and Star India, in this connection.

41. The Participant hereby acknowledges that the Participant’s participation in the Contest is voluntary and out of his/her free will and consent, without any monetary compensation whatsoever.

42. The Participant hereby acknowledges that the Participant has fully read and understood these Terms and Conditions voluntarily, without coercion or any undue influence of any kind whatsoever on the part of Star India and with complete understanding of all of the terms and conditions contained herein and shall agree to the contents of these Terms and Conditions.

43. In case of any queries in relation to this Contest, you can write to hello@startv.com. Star India shall endeavour to reply to the same within a reasonable time.

‘#SelectDugout’ Contest

TERMS AND CONDITIONS

The following are the rules for the “#SelectDugout” contest (the “Contest”) hosted by Star India Private Limited (“STAR”) on the platforms and media owned/operated by STAR or its group companies (“Channels”) to be conducted through the Channels and/or the Star Sports 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: February 24 and February 27, 2019 (“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 2 (two) questions on each Contest day during the Contest Period (i.e. One question in each inning of the relevant match) (each a “Contest Questions”) using #SelectDugout on the Twitter Page. The Participants would be required to answer the Contest Questions before the conclusion of the relevant match. An official announcement shall be made on the Network Handle and/or on the Channels on February 26, 2019 (for the Contest conducted on February 24, 2019, before the commencement of the match) and on February 29, 2019 (for the Contest conducted on February 27, 2019) . Twitter users can share tweets on Twitter during the Contest Period, containing the answers to questions announced on the Channels. Each Contest Question will be announced on the Channels. Any 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. #SelectDugout; (2) should be submitted before the conclusion of the relevant match. 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 1 (one) winner per match (‘Winners”) via randomizer for each Contest Day, from amongst all those Participants who have submitted Entries containing correct answers to all the Contest Questions posed during that Contest Day. 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 Winners shall be mini-signed bat from the ‘Select Dugout’ experts. Such experts shall be determined by STAR at its sole discretion. 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. 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. 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.

5. STAR reserves the right to forfeit a Prize in the event it is found by STAR and it has a reason to believe that any information provided by the Participant/Winner(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.

6. The Winner agrees that the Prize cannot be transferred, negotiated, refunded or exchanged. It is clarified that no other gratification, cash equivalent of the Prize or alternative prize will be awarded to the Winner(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.

7. All Entries must be received during the Contest Period and in the manner indicated above. Entries received beyond the aforementioned time period will not be considered for the Contest and shall be deemed null and void without requirement of any further intimation by STAR.

8. STAR and/or its group companies shall not be responsible in the event that Entries are not received or the Participant(s) is unable to participate or tweet his/her entry on Twitter in the Contest due to any network problem, breakdown in machinery or any other technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt” of an Entry occurs when the website server records the Entry information upon the entrant clicking “Submit/Post” button. Any automated receipt confirmation does not constitute proof of actual receipt. For the avoidance of doubt, by submitting the Entry the Participant(s) is representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.

9. The Participant(s) shall ensure that the Entry being submitted by them is decent and is not immoral, defamatory, abusive, offensive, insensitive, libellous or blasphemous to any person, 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.

10. STAR reserves the right to change the entry system/mechanism and/or cease accepting Entries for the Contest during the Contest Period for any reason or take any other steps in relation to the Contest as it may deem fit in its sole and absolute discretion and it need not notify the participant(s) who have already submitted their entry(ies) about the same

11. STAR reserves the right to disqualify any Participant(s) from participating in the Contest without assigning any reason. STAR reserves the absolute right and discretion to reject any Entry or any part thereof at any stage of the Contest, including after declaring the winning Entry, if STAR: (a) receives any notice or complaint relating to the Entry not being compliant of the Terms and Conditions including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party; or (b) determines at its sole discretion that the Entry inter alia:, (i) belongs to another person and in which the Participant does not have any rights; (ii) is blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; (iii) is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harm minors in any way; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonates another person; (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or (x) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. The decision of STAR in this regard shall be final and binding upon the Participant(s).

12. STAR reserves the right to select and declare the 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.

13. 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.

14. 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 t