Abevia Swipe Up Game

Terms & Conditions

1. The following terms and conditions (“ Terms and Conditions”) govern the entire process for the participation in the Abevia Swipe Up Game (“Game”) and shall be binding on each participant (“Participant”, “ Your” and/or “You”) residing in the United Arab Emirates, Qatar, Bahrain, Oman, Kuwait, and Saudi Arabia (hereinafter collectively referred to as “Territory”) who voluntarily desire to participate in the Game hosted by Star Asianet Middle East FZ LLC together with its affiliates, associates, agencies etc., as the case may be (“Company”).

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

3. The Game shall be governed by the Rules and Regulations, and, by entering the Game, each Participant acknowledges that they have read and understood, and unconditionally agree to comply with and abide by these Rules and Regulations. The decisions of the Company on all matters relating to the Game shall be final and binding in all respects.

4. The Privacy Policy available at https://www.startv.com/legal-terms-policies/terms/contest-terms-conditions/star-asianet-middle-east/ shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy, including but not limited to, any information in relation to your participation in the Game, gathered under, or pursuant to this Game by the Company (if any).

5. The Company shall promote the Game on its Facebook pages https://www.facebook.com/STARPlusMiddleEast https://www.facebook.com/AsianetME and Instagram handle www.instagram.com/starplusmiddleeast/ .

6. The Game shall be available on starswipeup.startv.com (“ Game Website”).

7. Non-conformance by the Participant(s) with any and all the Rules and Regulations herein or as set by the Company from time to time will make such Participant’s entry into the Game as null and void.

8. The Game is available only in the English language.

9. All Participants are advised to remain in areas with strong and stable/continuous network signal of the telecom operator or internet service provider to ensure smooth functioning of the Game.

10. The score of each Participant shall be available at the end of the Game. No Participants are eligible to win any prizes, gifts or other type of gratification except for the Game Prize (as defined hereafter) in the Game.

11. All Participants can only participate in the Game after clicking on the “Accept” button for these Rules and Regulations.

12. By accepting these Rules and Regulations to participate in the Game, the Participant consents to the publication of their score on the Game Website after the application of appropriate filtering mechanism designed by the Company. The Company shall not be responsible or liable for any claims regarding the exercise of the Company’s discretion in this regard. The Company shall not be responsible for any kind of claims, damages, and outrage arising due to the participation of the Participants.

13. Additionally, the Company shall not be responsible for any violation of Intellectual Property rights that may arise out of any content posted by the Participants. By participating in the Game, the Participant allows the Company to access and display personal information including without limitation, the Participant’s Game Data and Scores in the Leaderboard(s).

14. Each Participant shall be assigned a Unique Identifier for that respective Participant. The points are not transferable between different Unique Identifiers and only one Device’s activity shall be captured for scoring. In the event a Participant plays the Game by using multiple email IDs, only the Participant’s best Score across all email IDs associated with the Participant shall be considered for the purpose of mentioning the Participant on the Leaderboard, determining the Participant’s eligibility to receive the Game Prize, etc.

15. The Company reserves the right to modify and/or cancel the Game based on programming, technical requirements, unfavorable climatic conditions and/or any other reasons as the Company may deem fit. The Game in such circumstances could be rescheduled, extended, cancelled or terminated in entirety.

16. Decisions made by the Company shall be final and the Company shall not be responsible for factors including but not limited to loss of data/Points or any other advantage/disadvantage caused to Participants due to technical errors or issues in their device, application, login interface/multiple logins for the same Unique Identifier, any other Participant-led gamification manipulation, internet connection, latency and/or network coverage.

17. The Company recommends the Participants to maintain the privacy of their personal details and not share with third parties their phone number or any other personal details associated with any other social media platform or any other website.

18. The Company will have access to and collect information and data related to the playing of the Game by the Participant during Game including without limitation their Facebook ID and/or Instagram handle and name and Facebook and/or Instagram picture(s), name, date of birth, photograph, gender, email ID, nationality, country of residence and mobile numbers (“ Game Data”). The Participant consents to the use of this Game Data by the Company for research and development for a better gaming experience, including but not limited to understanding the functioning of the Game Play, mapping general Participant behavior in response to the features of the Game Play, the improvement of the Game in general, etc. By participating in the Game, the Participants consent to the collection, storage, processing and the transfer of and sharing of the Game Data by the Company, in accordance with its Privacy Policy which is accessible at https://www.startv.com/legal-terms-policies/#pdp .

19. The Participation in the Game Play will be governed by the requirements of the relevant country’s privacy laws only.

20. In case of any queries, please write to marketingme@startv.com with your concerns/issues related to the Game Play. All endeavors shall be made to reply to the queries within reasonable time on a best effort basis. However, the absence of a reply shall not be deemed to mean acceptance by the Company of any claims made in the query.

Please refer the detailed Rules and Regulations mentioned below governing the Game.

DETAILED RULES AND REGULATIONS GOVERNING PARTICIPATION IN THE GAME

1. GAME DESCRIPTION

The Game (titled the Abevia Swipe Up Game) is a skill based online game which is being hosted and can be played on the Game Website which is owned and operated by the Company. The Game Play is meant for the Participant’s recreation only and includes various capsules for the Participant to collect. Each type of capsule has a certain number of Points attached to it, and the Participant who collects the maximum number of Points in the minimum time will have the highest Score. For the avoidance of doubt, it is clarified that the capsules are released randomly, and the Company has no control over the same. The Company may also run other forms of contests and/or games hosted by the Company or Sponsors and partners during the course of the Game, on the Game website.

2. KEY DEFINITIONS

1. For the purposes of the Rules and Regulations, the expressions used herein shall have the meaning ascribed to them as below:

a. “Company” means Star Asianet Middle East FZ LLC; and includes its affiliates associates, agencies etc., as the case may be for the purposes of the Game.

b. “Device(s)” shall mean computers, laptops, smartphones running the Android (with version 4.4 and above)/ iOS (with version 10 and above) operating platforms etc., capable of receiving and transmitting data including via Internet and/or mobile communications technology and/or any other similar technology. The Game may work on sim-based tablets and devices other than smartphones operating on the Android (version 4.4 and above) or iOS (version 10 and above) operating platforms.

c. “Game Play” refers to the act of participating in the Game by collecting the various capsules available in the Game.

d. “Game Data” refers to the Participant information and Participant-specific Game related data collected by the Company during the Game.

e. “Leaderboard” is a dashboard which lists the top scoring Participants in descending order of their Scores/cumulative Points in the Game Play.

f. “Intellectual Property” shall include but not be limited to copyrights, trademarks, patents, trade secrets, domain names and/or any other legal interests recognized or protected as intellectual property.

g. “Game Intellectual Property” shall include but not limited to the Game creatives, game format, scoring format, all trademarks and copyrights obtained by the Company for the purposes of this Game, IT infrastructure design, domain names and terminologies used in this document to define specific aspects of the Game and any other Intellectual Property associated or related or developed in relation to the Game.

h. “Participant Profile” is a dashboard on the Game interface which consists of the cumulative Points earned by the Participant during the Game and during the Game Play.

i. “Point(s)” refers to a numerical mark or unit of scoring awarded for successfully collecting a capsule during Game Play.

j. “Registered User(s)/User” means a person who has a valid Facebook and/or Google account and accepts these Rules and Regulations to access and/or participate in the Game.

k. “Rules and Regulations” means these rules and regulations governing the Game, as stated herein in entirety and as may be amended by the Company from time to time without prior notice, and includes Key Rules accompanying the version of the Game in the Website;

l. “Score(s)” means the cumulative Points won by a Participant while playing the Game Play.

m. “Unique Identifier” refers to the unique identification number assigned to each Participant of the Game who accepts the Rules and Regulations for the Game.

n. “Game” refers to the game Abevia Swipe Up Game. The Abevia Swipe Up Game is available on the Game Website which may be played by the Participants on the Device(s) in accordance with the Rules and Regulations and includes all versions of the Game.

p. “Participant(s)” means any person(s) who (i) agrees to enter and participate in the Game Play in accordance with the Rules and Regulations as defined in this document; (ii) plays the Game on the Game Website; (iii) is and continues to remain present in the Territory; (iv) is and continues to remain of sound mind and health (v) does not have criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Game; and (vi) is at least 13 (thirteen) years old as on the date of commencement of the Game.

q. “Parent” means the (i) biological father or mother of a Participant; or (ii) legal guardian of a Participant appointed by the court as per the Guardians and Wards Act, 1890, who is capable of providing consent under the applicable law.

 

r. “Game Period” shall mean the 4 week period during which the Game shall be accessible on the Game Website and during which eligible Participants may win the Game Prizes.

3. PROCEDURE TO PARTICIPATE IN THE GAME

i. Eligibility and Participation

a. The Game is made available in English exclusively on the standalone website starswipeup.startv.com (“Game Website”) and is accessible on the Devices.

b. The Game Play will work only in the Territory and shall not be accessible from other territory(ies) across the world.

c. To participate in the Game Play, the User should (i) agree to enter and participate in the Game Play in accordance with the Rules and Regulations as defined in this document; (ii) play the Game on the Game Website; (iii) be present in the Territory; (iv) be of sound mind and health; (v) not have a criminal conviction or an arrangement or a contract that prevents the Participant(s) from participating in the Game; and (vi) at least 13 (thirteen) years old as on the date of commencement of the Game. The Participation in the Game Play will be governed by the relevant law of data privacy only.

d. In case the Participant is below the age of majority in the Territory; the Company shall assume a deemed acceptance of the Rules and Regulations by the Parent of the Participant.

e. The Game is only open for Participants who are individual residents of the Territory, and who are not citizens of any sanctioned country (where sanctioned country means Belarus, Burma (Myanmar), Crimea, Cuba, Democratic Republic of Congo, Iran, Ivory Coast, Liberia, North Korea, Somalia, Sudan, Syria, Zimbabwe and any other country against whom the U.S. economic sanctions are or may be maintained by the U.S. Government.

f. The Participant(s) represent and warrant that:

· They are not on any Specially Designated Nationals and Blocked Persons list issued by the US Treasury Department’s Office of Foreign Assets Control; and

· They will not bring the Company and/or its Sponsors in disrepute.

g. The Game is not open to the employees (permanent or contracted) and directors, including each of their immediate family members, of (i) the Company; 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 Game (collectively, the “Sponsors”).

h. Failure to provide proof or affidavit of eligibility, including the correct date of birth, including any of the documentation or bank details 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 in case a discrepancy is found to exist in the information furnished/provided/stated by the Participant to the Company while registration and/or in the information(s) stated in the documents furnished by the Participants.

ii. Registration

i. Each Participant will need to register to play the Game each time that they enter the Game Website afresh, that is, after having left the Game Website and closed the browser window after their last session playing the Game. Each Participant will need to register with the same details, every single time that they play the Game. That is, once a Participant registers, they cannot modify any of their registration details and the Company shall not be liable in any manner whatsoever if a Participant has provided inaccurate or erroneous details while registering for the Game.

ii. The Participants may be required to furnish bank details, tax documents, necessary supporting documentation in certified or original copy (i.e., birth certificate or passport) and/or any other documentary proof as may be required by the Company to confirm the eligibility of the Participants at any stage of the Game. Also, since the Company may require the Participants to furnish documents such as these for claiming the Game Prizes, it is necessary for Participants to provide details for registration that are the same as the details on the supporting documentation etc.

iii. By Participating in the Game, the Participant allows the Company to access and display personal information such as the Game Data and Scores in the Leaderboard(s).

iv. By proceeding to play the Game, the Participant represents to the Company that (i) their participation in the Show is in compliance with all laws applicable to them and they are not in any manner prohibited from participating herein by any law; and (ii) their Parent has read and reviewed the Terms and Conditions and is agreeable to their participation in the Game in accordance with the Rules and Regulations.

v. All Registered Users that participate in the Game shall be deemed to (a) have read and accepted, or (b) have had their Parent (in the event the Participant has not achieved the age of majority in their country of residence) read and accept, the Rules and Regulations and the Privacy Policy as defined herein and updated from time to time.

vi. The Game Play is available to all Registered Users, and is accessible for viewing and/or playing, for the duration as defined by the Company.

vii. Each time a Participant accepts the Rules and Regulations, they shall be assigned a Unique Identifier for the purposes of the Game. The Points will not be transferable between Unique Identifiers, irrespective of Devices used for Game Play.

viii. The Game Play Points shall accrue to the Unique Identifier linked to the Registered User. The Points will be accrued and associated to one Unique Identifier only. Every Participant’s highest Score across various email IDs shall be considered for scoring and Leaderboards. For the avoidance of doubt, it is clarified that no Participant can be eligible to be featured on the Leaderboard more than once nor can a Participant receive more than one Game Prize, irrespective of the number of email IDs the Participant has used to play the Game.

The Points shall accrue to the Unique Identifier as per the following scenarios:

Type of Participant

Treatment of Points

Registered User

The Points will be accrued to a Unique Identifier and the Points will be issued against the same Unique Identifier.

ix. In case of loss of Points due to loss of Device or loss of Points due to multiple logins from the same Device, any other any other Participant-led gamification manipulation, or any other technical glitches, the Company shall not be responsible to identify the actual Participant who has played the Game Play and no questions/queries or requests in this regard shall be entertained. The Company’s decision on whether the Participant should be credited unclaimed Points shall be final and binding on all Users that participate in the Game Play. In case the Company identifies any malpractice/ fraudulent usage / unfair advantage including but not limited to use of cheats, exploits, automation, software, bots or any unauthorized third-party software, the Company reserves the right to disqualify the Participant without any prior notice/intimation.

iii. Charges for the Game

a. Please note that the access to the Game Website is free of cost, however, the access of the Website shall consume data/internet charges. Therefore, the access of the Game Website and the Game Play will result in the use and consumption of data for which data charges as charged by your internet/telecom operator may apply. For further details, please contact your internet/telecom operator.

b. The Company will not and does not receive any monies and/or consideration from the internet/telecom operators and/or any third party, in connection with the data consumed by the Participant for playing the Game.

iv. Game Format

a.

· Various vitamin, protein or other element capsules will drop from the top of the screen with the name of the vitamin, protein or other element and the Points attached to them.

· There will be teacup at the bottom of the screen, that the Participant can move from side to side to catch the falling capsules.

· The Game will run for a limited amount of time and the speed at which the capsules fall

will increase every 5 seconds. The total Game duration will be 60 seconds.

· Each capsule will have specific Points attached to it. Bigger the capsule size, the more Points will be attached to it.

· All capsules will drop down randomly, and the Company will not be liable for the number or type of capsules that drop down during any Participant’s Game Play.

· The Game will include a countdown timer within which the Participants need to finish collecting their Points. The Score will also be linked with a goodness meter.

b. The Company reserves the right to change the Points associated with each vitamin, protein and other element at its sole discretion.

c. The Company may increase and/or reduce the speed at which the capsules fall at its sole discretion and the decision of the Company in this regard, will be final and binding on the Participant(s). If for any technical and/or non-technical reasons, the Company’s servers fail to register any attempt made by the Participant, the Company, shall not be responsible for such delayed receipt or non-receipt.

 

4. Selection Process and Gratification:

i. The top 23 (twenty-three) Participants who earn the highest Scores shall be eligible to win the Game Prizes (“Winner”).

ii. In the event that multiple Participants have the same score the Participant who reached that score in the lowest number of tries will be considered to be the Winner. The frequency of each Participant’s play count will be monitored for the same. For example, if one Participant has scored 500 by playing the Game 10 times and the other Participant has scored 500 by playing the Game 5 times, then the latter will be the Winner.

iii. In the event both the number of tries and the high Score are the same between two or more Participants, the Participants with the lowest total time taken in microseconds to achieve the high Score will be deemed the Winner. The time taken by a Participant to complete the Game is monitored by the system.

iv. The Winners will be contacted through the contact details provided by them. Such Winners will be required to execute any and all legal documents as required by the Company. In case a Winner is unable to verify the eligibility details, the said Winner shall be disqualified from the Game, at the sole discretion of the Company.

v. The results of the Game and the Winners will be announced by the Company after the expiry of the Game Period. In the event, such announcement of Winner(s) is postponed for any reason whatsoever, the Company will not be held responsible for and there shall be no announcement of Winners on any public forum or otherwise. In the event that the Company is of the opinion none of the Participants are eligible to be selected as a Winner, then the Company may exercise its discretion not to select any Winner.

vi. The Company shall not be responsible if the Winner(s) are not available at the contact details provided by them and as a result of which the Winner(s) loses their chance to receive the Game Prize(s). The Company shall make only one (1) attempt to reach the Winner(s). In case they do not revert, the selection shall be invalidated and the Company shall not be liable to such Winner(s) in any manner whatsoever.

vii. The top 3 Winners shall be required to be available as required by the Company to receive the cash prize and the next 20 Winners shall be required to be available as required by the Company to receive the gift vouchers which shall collectively be referred to as the “Game Prizes”. The Company may change any of the Game Prizes at its sole discretion, without any obligation to notify the Participants of such change. The Winner(s) shall be required to be available as required by the Company to receive the gratification. The Company may change any of the Game Prizes at its sole discretion, without any obligation to notify the Participants of such change. The Company shall not be liable if any Winner for any loss/ damage to their person or property caused/incurred during the Winner’s collection of the Game Prizes and the Winner(s) shall keep the Company indemnified for any loss suffered as a result of the same.

viii. If any Participant engages in any behaviour that the Company in its sole discretion believes to be prejudicial to the spirit of the Game, it will result in such Participant’s disqualification from the Game and the receipt of any Game Prize.

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

x. All decisions taken by the Company shall be final and binding and shall not be subject to any appeal of any nature whatsoever. Participation in the Game shall be construed to mean that the Participant(s) has(ve) waived their right to dispute any decision(s) made by the Company.

xi. The Company reserves the right to change or withdraw the Game Prize should the selected Winner(s) fail to comply with any of the Rules and Regulations and/or applicable laws or for any reason whatsoever.

xii. The Company and any 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 Game Prize.

xiii. In case Participant(s) and/or Winner(s) fail to produce any documents required by the Company for the purpose of verification of compliance with these Rules and Regulations, such Participant(s) and/or Winner(s) shall stand disqualified without any liability to the Company.

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

xv. By participating in the Game, the Winner(s) grant the Company and the Sponsors unlimited use of their names, social media handles, address, voice, photographs, statements and/or likeness in any and all media without remuneration throughout the world in perpetuity for the purpose of publicity and/or advertising.

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

xvii. Except as expressly provided herein, all ancillary costs associated with the receipt or use of the Game Prize, whether direct and/or indirect, including without limitation charges, expenses, taxes, costs, etc. are the sole responsibility of the selected Winner(s).

xviii. By providing any personal information to the Company and/or participating in the Game, 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 the Company. If a Participant does not wish to have their information and/or likeness viewed by or disclosed to others, they should not participate in the Game.

xix. The Winners agree that they shall make themselves available from time to time and co-operate with the Company and participate in any activity and/or campaign (“Promotional Activity”) of any nature whatsoever without any money payable to the Winners. Further, the Winners shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winners agree that the footage of any nature (including during the Promotional Activity and during the Game) with regard to the Winners shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity.

 

5. Other Terms and Conditions

a. The Game is meant for entertainment and recreational purposes only, and is not a bet, award or challenge or other form of formal event.

b. The Game will be available only on the Game Website. The Company will not be responsible for any break or disconnection or disruption in network connectivity in any manner, irrespective of the network being used which results in any break during the Game. Network issues can disrupt various aspects of the Game. The Participant is advised to remain in an area with a strong and stable/ continuous mobile network signal of the telecom operator or internet service provider to ensure smooth functioning of the Game.

c. Any loss or outrage or dissatisfaction suffered during the Game Play by a Participant would not be the responsibility of the Company, who will not be responsible to make good any such loss or dissatisfaction. Under no circumstances whatsoever, will the Participant be entitled to claim any damages against the Company including but not limited to general and special damages, consequential, pecuniary and non-pecuniary, liquidated, aggravated, exemplary damages, compensatory and non-compensatory, nominal and damages for loss of profit/ loss of opportunity.

d. Other than the Game Website and Device(s), the Game will not be accessible on any third party live TV streaming medium or any other operating systems/platforms.

e. The Company will endeavor to ensure that the integrity of the Game is maintained at all times and will take reasonable steps in this regard. In the event the Company receives information that the integrity of the Game or Game Play has been compromised in any manner, including by using unfair or unlawful means, the Company reserves the right to take all actions, including suspending the Participant from the Game, to protect itself, the Game Website, the Game and/or Game Play.

f. By agreeing to these Rules and Regulations, you permit the Company to use your Game Data in the event your Score qualifies for the Leaderboard.

g. None of the Participants shall, without the prior written approval of the Company, speak to the press or any other media or any third person, nor give any interviews or comments relating to any aspect of the Game. The Participant shall not disclose any information whatsoever relating to the Company to any other party including screen shots of the Game on social media websites. Violation of this clause shall immediately disqualify the Participant’s prospects of further participation.

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

 

6. Systems and availability

a. Participants may need to adjust the Device display, font, brightness and resolution to default size or lower to ensure that they are able to play the Game on their Device(s) properly.

b. Participants are advised to keep the Device from which the Game is played, adequately charged. Low battery may result in shut down of the network and/or Device which could affect the Participant’s ability to play the Game.

c. The Company has ensured adequate redundancies with respect to the servers that are used to communicate with the Game Website for the Game. However, in the rare instance(s) that the servers are affected and are rendered non-functional, the Company will, at its discretion but not as an obligation, determine such measures as it may deem fit to remedy the server issue(s).

d. An on-going Participant(s) could lose out on the opportunity to play (and hence lose Points) in any of the following, but not exhaustive, situations:

i. Where a Participant answers a call/ message/ etc. on the Device when they are playing the Game;

ii. Where a Participant exits the Game Website while playing the Game;

iii. Where a Participant force quits the Game Website or restarts their Device during Game Play;

iv. Where there is a network drop or battery drain-out during Game Play;

v. Where the Device under use for Game Play hangs;

vi. Where the Device auto-locks, screen times out during the course of the Game; and/or

vii. Where the Unique Identifier is used by multiple devices.

e. In the event the Game Play is terminated mid-session for any reason whatsoever, or where the Game Play or the ability of a Participant to participate in the Game is affected by any network/ IT/ phone related issue, and/or where a Participant exits the Game when the Participant still has time to play the Game, the Participant might be permitted to rejoin the Game Play only when the game restarts.

f. The situations present hereinabove are only by way of example and there could be additional situations, beyond the Company’s control, wherein the Participant’s Game Play may be interrupted, and/or the Participant may lose an opportunity to play. Under all such scenarios, the Participant will be permitted to rejoin the Game Play only when the next round starts and the Company will not be liable in any manner for such interruption in the Game Play and/or any lost opportunity to collect capsules during Game Play, which results from technical and non-technical reasons attributable solely to the Participant, their Device, the internet and/or mobile networks and/or login issues and/or any other force majeure conditions.

g. The Company will not be responsible for any loss, outrage from or dissatisfaction suffered by the Participant, during Game or otherwise arising out of or resulting from the Game in general. The Company will not be responsible to make good against any such loss, outrage or dissatisfaction.

h. While all attempts will be made to protect the Game Data, including the Scores of the Participants, from loss and/or corruption, Participants agree and acknowledge that all systems are prone to failure and hacking attempts. In the event of any data loss, the Company shall make reasonable endeavors to continue with whatever data available in the manner it deems is fit. The Company will not be responsible for any damage resulting from the loss of data or the action taken by the Company for the continuity of the Game, on account of the same. The Company will not be held responsible to make good any loss or dissatisfaction suffered by the Participant, on account of such loss.

i. While the Company shall endeavor to make all reasonably practicable arrangements for the continuity of the Game, it cannot guarantee or assure seamless connectivity or continuous availability of the Game Website, server, system or software to the Participants during the conduct of the Game as these are dependent on external utilities/service providers and factors which could be beyond the control of the Company.

j. The Participant acknowledges and agrees to hold harmless the Company for the application, network, process, technical or any other failures. Any losses, injury, discomfort, loss of privacy, inability to participate or any other discomfort of any sort caused to the Participant or the Participant’s property or device shall not be the responsibility of the Company.

k. In case any unauthorized activity is observed on the Game, Company reserves the right to disqualify the Participant causing and/or resorting to such unauthorized activity till such time as the Company deems fit. The Company would not be responsible to such Participant in any manner whatsoever on account of such disqualification.

l. The Company shall not be liable for any failure of the Game Website server or system during the course of playing the Game.

m. The Company accepts no liability and shall not be responsible and/or liable in any manner whatsoever in case the Participant(s) are unable to participate in the Game due to failure on the part of the telecom operator, internet service provider, facility provider, etc., or due to capacity constraints.

n. In the event the Game ceases to operate due to any unforeseen issues, including but not limited to technical issues or force majeure, the Company reserves the right to discontinue the Game for future and revise these Rules and Regulations to accommodate such discontinuation. The Company shall not be responsible or liable for any losses or damages caused due to such discontinuation.

o. It shall not be open for the Participant(s) or any of their representatives to require or demand an audit or verification of the any of the systems, databases, software, hardware of the Company and its Partners used to host the Game Website or the Game, or any other criteria, process or system adopted by the Company as part of the process of conduct of the Game.

p. No person (i.e., either the Participant or any person on behalf of the Participant) shall initiate litigation against the Company, in any manner, in connection with the Game and/or the eligibility and/or the participation in the Game without first writing in to the Company at marketingme@startv.com setting out its concerns/issues and providing the Company a reasonable opportunity to address such concerns/issues.

7. Intellectual property

The Intellectual Property rights (" Intellectual Property Rights") in the Game Website, underlying Company and the Company platform, and material published on the Game Website, including (but not limited to) games, Games, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by the Company, its Partners and/or licensors. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Company either in whole or in part without an express written license from Company.

8. User conduct

a. Participant(s) agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Company or the Company’s services.

b. Participant(s) shall not attempt to gain unauthorized access to the user accounts, servers or networks connected to Company services by any means other than the user interface provided by Company, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the Company services.

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

 

GENERAL RULES AND REGULATIONS

1. The Participant’s participation in the Game shall be considered to be acceptance of all Rules and Regulations as set forth herein including the Privacy Policy.

2. The Participant hereby represents that they are not under any contract, exclusive or otherwise, with any other third party/agency or is not under any kind of disqualification or disability under law, to enter into an agreement with the Company.

3. The Participant shall undertake, warrant and guarantee to the Company that the Participant has the full legal capacity to participate in the Game, in accordance with these Rules and Regulations.

4. The Participants acknowledge that they have voluntarily chosen to participate in the Game of their own free will and are willing to bear all risks, costs and consequences arising from such participation in the Game.

5. The Participant shall not have any claim against the Company. The Company or vendors connected with the Game shall not be responsible for any such eventuality and the Participant(s) shall not be entitled to claim any compensation from the Company.

6. In the event of any fault, misunderstanding or dispute concerning any part of the Game, and/or the operation of the internet system, the decision of the Company shall be final and binding on all Participant(s) and other persons. The Company is empowered to take a decision on any case or instances not covered by the present Rules and Regulations.

7. The Company reserves the right to amend (add to, delete or modify) the Rules and Regulations prospectively or retrospectively, at its discretion and without prior approval in order to improve the Game or remediate any issues that may occur. The Participant is requested to carefully read these Rules and Regulations from time to time before participating in the Game. It shall be the Participant’s responsibility to check these Rules and Regulations periodically for changes. The Company may require the Participant to provide their direct or indirect consent to any update in a specified manner before further use of the game. If no such separate consent is sought, their continued use of the game, following such changes, will constitute your acceptance of those changes.

8. The Company has the sole right at any time/to alter/amend/withdraw/replace/discontinue and/or terminate the Game without any prior intimation or notice to the public and the Company is not obligated in any manner whatsoever to compensate any person(s) who have participated in the Game.

9. If any provision of these Rules and Regulations is held by any Court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Rules and Regulations and the remainder of the affected provisions shall continue to be valid. These Rules and Regulations and the Game shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Participant(s) submit irrevocably to the jurisdiction of the Courts in Dubai.

10. The Company is empowered to take a decision on any case not covered by the present Rules and Regulations.

11. The Company will not be liable for any loss of earnings, employment or otherwise, caused to the Participant(s) and arising as a result of their participation in the Game.

12. The Participant(s) hereby agree to indemnify the Company against any claims that might arise from the Participant’s actions or omissions while participating in the Game.

13. The Participant hereby agrees and undertakes that, the Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury of any kind including mental and/or emotional trauma caused to the Participant(s) in any manner whatsoever, in relation to the Game.

14. The only way to enter the Game is through participation as described in these Rules and Regulations. Any person claiming that they can help get you access to the Game for a consideration is defrauding you. Please contact your local police and report this person immediately.

15. Any person(s) claiming that they can help You get favorable access to the Game Play/Game Prize(s) for a consideration (monetary/non-monetary) is defrauding You. Please contact your local police and report such person/s immediately.

16. The Participants shall not have any ownership interest, license or other rights in the application for Game or any right in the Game Intellectual Property therein, whether by license, implication, estoppel or otherwise.

17. Subject to these Rules and Regulations, the Company hereby grants you a limited, non-exclusive, non-sub licensable and non-transferable license, limited to the Territory, to use the Game and the content solely for purposes of availing the Game Play and services provided therein. The Participant acknowledges and agrees that they shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from the Company or third party owners of such content.

18. Subject to the Rules and Regulations, the Participant(s) may access, view and otherwise use the Game (including, without limitation any services provided on or through the Game Website) for their personal (non-commercial), lawful use only. The Participants must not use the Game and any services provided through it in a manner which is prohibited by the Rules and Regulations and/or applicable law.

19. The Company in its sole discretion may suspend or terminate and/or block the Participant(s) from accessing all or any part the Company’s website and/or any service provided therein if the Participant breaches or is suspected to be in breach of the Rules and Regulations and/or any applicable law and/or if the Participant is found to be misusing the Game Website and/or is engaged in the illegal and/or fraudulent use of the Game Website in any manner.

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